Gas: What is the scope of the change in the Cold Zone Law in Mendoza?

The National Energy Secretariat published two resolutions related to the gas tariff affecting users in Mendoza . These are 218 and 219/2025, and the latter modifies the application of Law No. 27637 of the Cold Zone Regime. The regulation, on the one hand, mixes situations that go along different paths, such as: National subsidies on rates , and this solidarity contribution from the provinces for those living in areas with low temperatures. On the other hand, there is fear that this is a way to begin modifying a law based on the principle of equality.

In general terms, Article 218 of the National Energy Secretariat approved the "procedure for reviewing the categorization assigned in the energy subsidy access registry (RASE)." Romina Ríos, of the Consumer Protection Association (Protecta) , explained that both the application and the modification to maintain gas rate subsidies were unified on the Remote Procedures (TAD) platform, which will also apply to all other services.

Meanwhile, Article 219 instructed the Undersecretariat of Energy Transition and Planning to apply a different criterion than the one previously used when establishing the Single Registry of Special Beneficiaries of the Cold Zone Regime. It specified: "Users who own or register more than one meter may only access general differential tariff tables in accordance with the guidelines established in Law No. 27637, without applying the exceptions derived from the eligibility criteria listed in Article 4 of the aforementioned Law." "This implies that the Secretariat of Planning must review the beneficiaries of the Cold Zone Regime," Ríos explained.

It should be remembered that this regulation was expanded in 2021, and Mendoza joined the "cold" category, which already included Malargüe and Argentine Patagonia. What this law does is equate gas users living in low-temperature areas with a solidarity subsidy contributed by all users, which entails a discount on their gas rates of between 30% and 50%. Thus, the money does not come from the nation's coffers but is paid by consumers, since they do not have the same need for heating as those living in cold areas and those living in warm areas.

Ecogas stated that the company does not have concrete information at this time and that the Ministry of Energy will release the customer registry. "Only those with two or more meters in their name will no longer receive the 50% benefit and will begin receiving 30%," they stated. Mario Vadillo, a lawyer specializing in consumer issues , emphasized that the regulation conflates two concepts and seeks to associate the possession of two gas meters with the ownership of at least two homes. In line with the adjustments being made by the nation, this would involve removing a subsidy from people with high purchasing power.

However, the Cold Zone Regime subsidizes higher consumption due to low temperatures and not based on family income. Along these lines, it's likely that many people who have a house built behind or upstairs for their children, parents, or sublet may have two meters and be far from needing assistance. "The Cold Zone Law is not governed by the user's purchasing power but by the temperature of the area where they live," Vadillo stated. In Mendoza, 419,000 beneficiaries of the Regime are eligible, and it is not yet known how many could be left out. However, Ríos clarified that users can file the corresponding claims after being affected.

From Tierra del Fuego, Moisés Solorza—former Minister of Energy of that province and a specialist in oil and energy issues —stressed that the government is trying to claim that anyone who owns two meters is rich and should pay more. “That's not necessarily the case, on the one hand, and on the other, the Cold Zone Law subsidizes everyone equally due to the greater need for heating,” the expert emphasized. From his perspective, this is the first step toward dismantling a law that has nothing to do with the need for chainsaws, and he wondered what the governors will do about this issue, which affects residential users. Vadillo added that the higher consumption of users in cold regions has to do with temperature, not purchasing power.

From the Consumer Protection Agency, Ríos explained that for now, the law is not being modified, but rather the existing requirements are being adjusted to cases not previously covered. However, the professional explained that the ruling proposed by the Ministry of Energy could be brought to court, and that the association will participate in a meeting with the other Consumer Protection groups on Wednesday to assess the situation. "The law itself gives the implementing authority the power to modify or adjust parameters," Ríos stated.

In this context, the modification raises alarm because it could affect people with low incomes. "This is a commodification of the service, treating it as a commodity and not as a human right," warned Solorza. Vadillo, for his part, noted that the resolution affects a law passed by Congress. Therefore, the tariff schedule should have been changed instead of modified with mixed criteria.