Chilean utility firms warn of safety risks from court ruling on service reconnections

Chilean companies providing gas and sanitation services have voiced significant concerns regarding technical complexities and operational safety risks stemming from a recent Constitutional Court ruling. The court, by a nine-to-one vote, rejected an executive branch request, upholding Article 31 of the Reconstruction Law.

This article mandates that utility companies must reconnect basic services to residential customers and small and medium-sized businesses that experienced service interruptions due to non-payment before or during a catastrophe. The law imposes strict deadlines: 48 hours for gas and electricity, and 24 hours for potable water. These reconnections must be provided free of charge in areas under a state of catastrophe.

Carlos Cortés Simon, executive president of the Natural Gas Companies Association (AGN), highlighted the dangers of accelerating reconnection processes. He stated that the regulation is "impossible to comply with while safeguarding everyone's safety." The AGN argues that setting such tight deadlines, without considering the scale or type of damage from a disaster, creates a direct conflict between legal compliance and the mandatory safety inspections required to protect families.

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the regulation is impossible to comply with while safeguarding everyone's safety.

"In gas networks, restoring service requires verifying beforehand that the networks and installations are in safe condition. Our industry will always prioritize what is most important, which is people's safety," the AGN stated. A technical report by Gamma Ingenieros, a firm specializing in sectoral safety regulations, supports the industry's position. The study concluded that a uniform 48-hour requirement is not technically feasible and warned that skipping pre-installation checks on internal piping and facilities could expose the public to serious hazards, including undetected leaks, mass poisonings, or explosions.

The National Association of Sanitation Services Companies (Andess) also expressed concerns, noting that the approved wording creates direct harm to the majority of users affected by a catastrophe. They argue that the obligation to restore water service within 24 hours to customers with prior debts diverts essential technical resources and emergency crews, forcing them to prioritize customers with outstanding bills over those who may have suffered greater damage from the disaster itself.

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In gas networks, restoring service requires verifying beforehand that the networks and installations are in safe condition. Our industry will always prioritize what is most important, which is people's safety.