Las sociedades de infraestructuras estratégicas. El nacimiento de un modelo de compañía regulada al servicio del mercado.

Abstract

In the current liberalization context of the networking sectors (energy, transportation, and telecommunications) the use of essential facilities is regulated to counteract their natural monopoly condition. Transmission on a large scale and distance of goods and services plays a special role among the regulated activities as it’s carried out through single network exploited by single private companies. In the realm of energy it’s the case of Red Eléctrica de España (owner of the high-voltage grid), ENAGAS (owner of the basic high-pressure gas pipes and underground storages) and the Compañía Logística de Hidrocarburos (owner of the oil pipelines network). The regulator conferred these private companies on general interest functions, inasmuch as they are not only carriers, but system operators and whole net managers. At the same time these corporations receive special regulations to guarantee their operational neutrality and their independence from competitors in their utility sector. This regulation spreads out to their activities (exclusive and incompatible with others), their facilities (burdened by third party access) and even to the share distribution in the capital of these companies. The shared singularities of these energy transmission companies reveal an original legal status, exportable to other sectors, so that they deserve to be designated as strategic-facilities regulated companies.