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taken under review. TEIAS and/or the related distribution company, after
finalizing its decision within forty-five days of the notice, presents it to the
Authority, and said opinions presented to the Authority are communicated
to the applicant within ten business days. If the applicant approves the
opinions on the connection and system usage, it is obliged to submit the
documentation regarding the approval and commitments on the opinion(s)
within ten (10) business days to the Authority; or file a justified objection
within ten (10) business days. Otherwise, the application is considered as
approving of and committing to the opinion(s) on connection and system
usage.
With respect to the works and procedures to be completed within
the term of the preliminary license, which is one of the new practices
stipulated by Article 17 of the Regulation, preliminary license holder legal
entities have to apply to the related agencies; for example, within ninety
(90) days to obtain the decision required by the Environmental Impact
Assessment Regulation and within one hundred and eighty (180) days
for the Technical Interaction Permit. Further, preliminary license holders,
within the term of the preliminary license, shall complete transactions
such as securing of property or usufruct rights, approval of zoning plans
and obtaining approval for the preliminary project.
Companies that do not rectify their inadequacies within the term of
the preliminary license, which cannot exceed twenty-four (24) months,
will not be able to obtain licenses, provided that the exemptions are
reserved. Moreover, the preliminary license becomes null automatically
at the end of its duration or in case of bankruptcy of the preliminary
license holder legal entity.
A preliminary licensee legal entity intending to place a generation
license application can file a license application after having completed
the requirements of the preliminary license. In case a preliminary license
holder does not apply for a generation license before the term of the
preliminary license ends, it will be deemed that the requirements for the
generation license, which need to be completed within the duration of the
preliminary license, have not been fulfilled.
The provision that prohibits share transfers in applicant legal entities
for the duration of the preliminary license is one of the most important