The new regulatory framework enables arrangements for both a single company with electricity consumption at multiple locations across the country and economically affiliated companies through the Remote Marginal Producer mechanism.
On February 19, 2026, the Colombian Energy and Gas Regulatory Commission (CREG) issued Resolution CREG 101 099 of 2026, establishing the regulatory framework for remote self-generation and remote marginal producers in the National Interconnected System (SIN).
The resolution implements the guidelines established by Decree 1403 of 2024 and creates a significant opportunity for businesses with electricity consumption at multiple locations across the country: generating electricity at a site separate from the point of consumption and using the electricity system’s networks to meet all or part of their own energy needs at other premises.
Moreover, the resolution is not limited to arrangements involving a single company. Through the Remote Marginal Producer mechanism, it also allows an individual or legal entity to generate electricity to supply, remotely, users with whom it has direct economic ties, subject to the conditions established in the regulations.
Until now, one of the main practical limitations of self-generation and marginal production was physical: generation had to be located on the same premises, be directly associated with the point of consumption, or operate without using public electricity networks. This made it difficult for businesses with multiple sites to take full advantage of their own generation projects.
Under the new framework, a company can develop a generation asset at a location with more favorable technical or economic conditions, or better access to energy resources, and allocate its output to consumption at one or more sites elsewhere in the system. In other words, each point of consumption no longer needs its own generating plant: a centralized generation arrangement can be structured to serve geographically distributed demand.
An additional benefit: unregulated-user status
One of the most significant aspects of the resolution is that consumption points validly associated with a remote self-generation arrangement are treated as unregulated users, without being subject to the ordinary power or monthly energy consumption thresholds required to purchase electricity in the competitive market.
This can be particularly important for multi-site businesses. In many cases, a company may have substantial aggregate electricity consumption, while individual establishments do not meet the thresholds for unregulated-user status. This has frequently been an obstacle for retail chains, supermarkets, large-format retailers, service stations, logistics operators, clinics, hotels, universities, banks, and businesses with numerous customer-facing locations.
In the case of Remote Marginal Producers, similar treatment applies to economically affiliated users, provided that the regulatory requirements concerning economic ties and control are met.
In practical terms, this means that, in addition to the benefits of generating electricity to meet their own needs or those of affiliated companies, businesses may be able to negotiate electricity supply under the rules applicable to unregulated users, rather than remaining subject to the regulated tariff framework at each individual site. A company or corporate group can therefore develop an integrated energy management strategy combining self-generation, bilateral electricity contracting, price risk management, sustainability, and cost optimization.
Not simply remote netting
The resolution does not establish a simple mechanism for offsetting generation against consumption. Remote self-generation and remote marginal production arrangements must be integrated into the Wholesale Electricity Market (MEM) and comply with specific rules governing connection, metering, operation, market representation, and settlement.
The generation asset must be represented by a generating agent. Consumption points must be supplied by an electricity retailer (comercializador) as unregulated users. In addition, a contract between the generating agent and the retailer must be registered with the Administrator of the Commercial Exchange System (ASIC) to associate actual generation with the demand it is intended to serve.
Hourly metering is essential. The electricity that may be treated as remote self-consumption—or as electricity supplied to affiliated users in the case of a Remote Marginal Producer—is limited, in each hour, to the consumption of the associated user or users. If generation falls short of consumption, the retailer must cover the shortfall through other contracts or purchases in the spot market. If generation exceeds the associated consumption, the surplus is treated in accordance with the rules applicable to electricity delivered to the system.
Treatment of CERE and network charges
Resolution CREG 101 099 of 2026 also establishes specific rules concerning CERE, the equivalent real energy cost associated with the Reliability Charge (Cargo por Confiabilidad). In general terms, electricity that effectively qualifies as remote self-consumption, or as remote consumption by affiliated users in the case of a Remote Marginal Producer, receives special treatment under the conditions established in the regulations.
However, these arrangements use the electricity system’s networks and therefore remain subject to the applicable network-use obligations, including transmission and distribution charges. A retailer is also still required to supply the demand.
Consequently, the economic assessment of a remote self-generation or Remote Marginal Producer project requires careful analysis. Comparing the cost of self-generation with the current electricity tariff is not enough: network charges, retailing costs, losses, backup supply, contractual terms, metering, registration of metering points, spot-market risks, and the treatment of the Reliability Charge must also be considered.
An opportunity that requires careful structuring
Resolution CREG 101 099 of 2026 creates a significant opportunity for companies and corporate groups with geographically distributed electricity consumption, particularly those whose individual sites did not meet the thresholds for accessing the unregulated market but whose aggregate demand is substantial.
The new framework may enable more efficient electricity supply arrangements, greater contractual flexibility, the development of company-owned generation projects, and improved energy sustainability strategies.
Nevertheless, these are complex arrangements from a regulatory perspective. Implementation requires a review of the corporate structure, the relationships among affiliated companies, consumption points, the principal economic activity of each site, connection capacity, market representation, the required contracts, hourly metering, and the arrangement’s actual economic impact.
At eXpertiseplus we assist companies, investors, and developers with the legal, regulatory, and financial assessment of these models to identify viable opportunities, anticipate risks, and structure solutions that comply with the Colombian electricity sector’s regulatory framework.