The Superintendency of Domiciliary Public Utilities, is an entity of a technical nature, created by the Colombian Constitution of 1991, which by delegation of the President of the Republic of Colombia exercises inspection, oversight and control over the companies that provide domiciliary public utilities. .
We are a technical entity that contributes to improving quality of life in Colombia, through the oversight, inspection and control of domiciliary public utilities, the protection of rights and the promotion of duties of users and providers.
In 2019, we will be a technical entity nationally and internationally recognized for our management regarding the oversight, inspection and control over domiciliary public utilities, as well as for the implementation of best practices in Public Administration, and our commitment to excellence, due to our high performance standards.
The Superintendency oversees, inspects and controls the provision of domiciliary public utilities responding to the needs and expectations of clients and stakeholders. The entity works basing its administration on the efficiency, efficacy and effectiveness of its quality system’s performance, through continued improvement of processes, with active participation of a capable, dynamic and innovative team.
- Contribute to improving quality, coverage and continuity of the provision of domiciliary public utilities through the exercise of oversight, inspection and control.
- Strengthen positioning and institutional presence at a national and international level.
- Manage information with timeliness and quality to the benefit of the institutional mission and groups of interest.
- Strengthen institutional performance and organizational structure, with emphasis on procedure improvement, innovation and human talent skills.
In order to carry out the social purpose of the Colombia State, the Superintendency of Domiciliary Public Utilities will exercise the presidential function of inspection, oversight and control according to the risk level, features and conditions of the providers, by attending the following principles:
- Warranty access to the utilities for the users, as well as their participation in the provision’s management and audit.
- Competition freedom and no abuse of the dominant position.
- Continuous provision of the domiciliary public utilities, without exception, unless required by force majeure, chance, or technical or economic reasons.
- Oversight and control the observance of the regulation, as well as the plans and programs on the matter.
- Information systems, training and technical assistance organization.
- Regarding the neutrality principle, to ensure that it won’t exist any discrimination in the provision of utility services.
- Comprehensiveness of the utilities providers’ management and results analysis.
- Prevalence of general interest over particular interest, in the provision of the public utility services.
The functions of Superintendency of Domiciliary Public Utilities are stablished by Decree 990 of 2002, modified by Decree 2590 de 2007.
The President of the Republic will exercise inspection, oversight and control over companies that provide domiciliary public utilities and any other utility subject to laws 142 and 143 of 1994, law 689 of 2001 and any other law that add, modify or replace them, through Superintendency of Domiciliary Public Utilities and mainly through the superintendent and the delegates.
The following are the general functions of the superintendency, regarding the inspection, oversight and control over the companies that supply public utilities of gas, electricity, water, sewage and cleaning, and also concerning the protection of the users’ rights.4
Inspects, oversees and controls
- That the utilities providers obey the Law 142 of 1994 and the regulation.
- That the contracts of uniform conditions between the public utilities companies and the users are complied.
- That the subsidies are allocated to the people with the lower income
- That the public utilities companies fulfill the performance indicators stablished by the regulatory commissions.
- That the constructions, equipment and procedures fulfill the technical requirements stablished by the ministries.
Takes over companies at risk
The State will intervene in the public utilities according to the competencies stablished in Law 142 of 1994, articles 334 and 336, and articles 365 to 370 of the Colombian Constitution, with the following purposes:
- Quality of the good object of the public utility, and its final disposition to ensure the optimization of the quality of life of the users.
- Priority attention of the unsatisfied basic needs regarding potable water and basic sewage.
- Continuous provision, without exception, unless required by force majeure, chance, or technical or economic reasons.
- Mechanisms to ensure access to the utilities for the users, as well as their participation in the provision’s management and audit.
- Competition freedom and no abuse of the dominant position.
Confirm that stratification has been correctly done, when granting subsidies with national resources and at request of the Nation. This will be based on results of stratifications sent by municipalities and districts throughout the country, in their urban areas and populated and rural centers.
Penalize entities in charge of providing domiciliary public utilities whenever they do not comply with the norms and regulations to which they are subject. The penalties that superintendency may impose are:
- Suspension of activities and closure of real properties used to develop the subject matter of the penalty.
- Request to relevant authorities to order lapse of contracts entered into by the entity or cancellation of licenses.
- Prohibition to provide domiciliary public utilities for up to ten years.
- Order to remove from office managers and/or members of boards of directors.
- Takeover of domiciliary public utility companies for administration or liquidation.
Process and responds to motions
- Process appeals subsidiarily filed by subscribers and users of domiciliary public utilities, once the motion to set aside filed before the service provider has been resolved.
- Resolve appeals against decisions of municipal procurators concerning impeachments against the election of control members of development and social control committees.
- Resolve in second instance motions to set aside filed by users of domiciliary public utilities in stratification matters.
Promotes civic participation
- Provide the required guidance and technical support for the promotion of community participation in oversight and control tasks.
- Support tasks of development and social control committees and provide basic information and training instruments to control members of these committees.
Reports and renders opinions
- Publish management assessments made with respect to domiciliary public utility providers and supply the relevant information to whoever requests the same.
- Render opinions in relation to domiciliary public utilities, to regulatory commissions and ministries that may so require.
Establishes information systems
- Establish information and accounting systems to be applied by domiciliary public utility providers.
- Define the information that companies must provide to users at no cost, and determine the values that people must pay for special information requested to providers, if there is no prior agreement between the requesting party and the company.