The disagreement is derived from an upward adjustment of the rate that was stipulated that each quarter would be applied gradually, as established by the contract for the purchase of power and electricity to meet the demand of the users of the social rate and non -social rate of the Municipal Electric Company of Quetzaltenango (EEMQ), tendered in 2019 and that entered into force in 2020.
The adjustment of the rate has been necessary because, according to the Inde, the EEMQ paid under market prices, because it was based on old contracts.
Amílcar Rivas, general manager of the Municipality of Quetzaltenango, explained that the commune presented an amparo to stop that gradual increase, which in the contract is called laminated, since to the Municipality the Inde applies a gradual increase each quarter, while the user is applied annually.
That aspect is not sustainable because more and more, the gap is reduced between the income derived from the user’s payment with respect to the expenses that the EEMQ has for the payment of the electricity supply, it was argued.
Rivas says that while the EEMQ the Inde applies a quarterly increase of 3 cents of Quetzal per kilowatt hour, that is, an increase of 12 cents per year, the distributor only applies to the end user an increase of 5 cents of Quetzal in an annual way.
The official explained that, in 2019, the company paid for the supply of 45 megawatts, around Q10 million per month, then in 2020 began the contract with its gradual increases, and at 2025 the invoice is almost double, for Q20.6 million per month for the same volume.
The logical thing would have been for the gradual increase to be left in the same way for both, in an annual way, for example, he mentioned.
“The increase that the electricity company has received is too rude,” Rivas argued and therefore, requested with the protection that would definitively be suspended the quarterly increase in the sale price and leaves the price of the rate that is made to this date.
The amparo was presented in the Fourth Chamber of the Court of Appeals of the Mercantile and Family Civil Branch of Quetzaltenango, which resolved with provisional protection on March 13, 2025.
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In the rates, in 2020 the user paid Q0.49 per kilowatt hour in the social rate and currently Q0.82 the kilowatt hour, that is to say Q0.33 more cents. In the non -social rate in 2019 he paid Q0.56, in 2020 he went to Q0.65 and 2025 goes by Q1.10, he added.
IND disagree with the amparo
INDE EXPOSED, in a statement on the night of March 20, 2025, that the tender awarded was approved by the Municipal Council in 2019 and that derived from this the energy supply contracts were signed to a social rate and no social rate for the period from 2020 to 2027.
The institute adds that according to national regulations, rates are adjusted quarterly and that in the contract signed by the Quetzaltenango commune, that same procedure was agreed.
However, he spoke against the position assumed by EEMQ and the municipality arguing that they intend, through an amparo, stop complying with those obligations that contracted, which, it indicates, causes a serious risk for legal certainty, if it establishes the precedent that any person or entity can resort to the protection to alter a contract. The Inde qualifies the amparo as frivoliously and notoriously inadmissible.
The entity criticizes that the Quetzaltenango authorities “argue the risk of bankruptcy of the EEMQ, but it is risk that municipal officials that refuse to comply with the signed contracts and the norms that regulate the electrical sector” are caused.
Historical debt is still pending
While the IND insists that the EEMQ and the Municipality of Quetzaltenango maintain a debt of Q1 1,700 million supplies prior to 2020, Rivas says that the commune does not recognize that debt which, it indicates, has not been able to be justified with accounting vouchers, and that they want to collect, although the contract had no termination period, in addition that to settle it they would need to take off the rate that they charge the rate.
The 1978 contract, when 8 megawatts were sued, established a rate, but the Inde has argued since 2009, which for the rest of megawatts that were provided as the demand for electricity was growing, the market price should be paid.
In addition, of, which generates 15% of the national total participated, despite the millionaire municipal debt, not to leave Quetzaltenango without service, ”added the entity, also pointing out that since the debt is not paid, the debt is not invested to take the energy supply in the country to the 400 thousand homes that are needed.
Appeal resource pending
The IND adds that three occasions, one in 2020 and two in 2024, the municipality is ordered to include in its annual budget of income and expenses the allocation of resources for the payment of the debt. However, to date said court order has not been addressed.
According to the Inde, the payment owed by the Municipality of Quetzaltenango amounts to Q1 thousand 689 million 178 thousand 361.59.
In January 2025, the Inde requested the First Civil Instance Court of Quetzaltenango, to approve the liquidation project, of the debt, in February, the Court approves the liquidation project, by the amount of Q 698 million 231 thousand 166.56. However, both the Inde and the Municipality of Quetzaltenango, presented appeal, the institute added.