The First Chamber of Chile's Supreme Court rejected the cassation appeal filed by Enel Distribución Chile and Enel Colina and made final the ruling that found them in breach of the Consumer Protection Law during the power outages of January 29 to February 2, 2021 in the Santiago Metropolitan Region, Revista Electricidad reported on October 15, 2026. The case number is 44,862-2026.
It is the last step in a class action that the consumer agency Sernac filed in 2021 over outages that affected more than 127,000 customers. With this ruling, the companies must pay compensation to each affected consumer.
What the Supreme Court said about Enel's power outages
The Court found that the appellants were asking it to *"re-weigh the evidence"*, a task that is *"outside the purposes of the cassation appeal on the merits"*. It added that the facts established by the lower courts *"are immovable for this Court"* and that the damages were deemed proven on the basis of Sernac's report.
| Stage of the case | Court | Outcome |
|---|---|---|
| First instance (case C-8477-2021) | 4th Civil Court of Santiago | Upholds Sernac's lawsuit (ruling of August 29, 2024) |
| Second instance (case 17,088-2024) | Santiago Court of Appeals, Fifth Chamber | Rejects the procedural appeal, confirms and clarifies the compensation calculation (July 2026) |
| Cassation on the merits (case 44,862-2026) | Supreme Court, First Chamber | Rejects Enel's appeal (reported October 15, 2026) |
How Enel's compensation for the 2021 outages is calculated
At first instance, Sernac estimated that the ruling meant more than CLP 8 billion in compensation for more than 127,000 customers, averaging about CLP 74,000 per person: CLP 50,000 for moral damages and at least CLP 10,000 for each day without power. Those who were without supply for three days would receive close to CLP 90,000, according to Sernac. The court also imposed a fine of 1,500 UTM on each company, about CLP 200 million in total.
The Court of Appeals added a clarification: the companies must pay each consumer the compensation set by article 25 A of Law 19,496, equal to ten times the average daily amount billed in the bill before the outage, for each day without supply or its fraction, according to the Judiciary. The calculation uses the company's customer records and Sernac's compensation report.
The final total amount has not been reported. Because compensation depends on each customer's consumption, the total may differ from the 2024 estimate. Neither the Judiciary nor Sernac had published an updated figure at the time of writing.
| Calculation example (art. 25 A) | Assumption | Compensation |
|---|---|---|
| Previous bill of CLP 45,000 for 30 days | Average daily billing: CLP 1,500 | — |
| One day without power | 10 × CLP 1,500 | CLP 15,000 |
| Three days without power | 3 × 10 × CLP 1,500 | CLP 45,000 |
| 83 hours without power (the longest case) | 3.46 days × CLP 15,000 | ~CLP 51,900 |
The example is illustrative and does not include the moral damages set at first instance. Each customer will receive a different amount depending on their bill and the hours they were without power.
Who receives compensation for the 2021 power outages
Customers of Enel Distribución and Enel Colina who suffered outages between January 29 and February 2, 2021, during an episode of bad weather in the Metropolitan Region. According to the appeals ruling, there were 127,756 consumers, some with up to 83 hours without supply. The municipalities with the most affected customers were these, according to Sernac:
| Municipality | Affected customers |
|---|---|
| Maipú | 23,322 |
| La Florida | 15,760 |
| Las Condes | 12,651 |
| San Miguel | 9,961 |
| Pudahuel | 8,602 |
| Quinta Normal | 8,573 |
| Estación Central | 7,463 |
| Providencia | 5,204 |
| Lampa | 4,254 |
| La Reina | 3,124 |
In class actions, compensation is paid to all affected parties identified in the ruling, without each one having to sue. Sernac usually announces the payment dates and method once the ruling is final.
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Why the ruling against Enel sets a precedent
According to Sernac, it was the first time a court applied the compensation of article 25 A of the Consumer Protection Law to an interruption of electricity supply, and it rejected the act of God argument the company made over the bad weather. That matters for recent storms: after each event, the debate is whether the utility could have prevented the outage or restored service sooner.
This case is separate from the agreement Enel and Sernac signed over the mass outages of August 2024, worth more than CLP 17 billion for some 800,000 households. It is also separate from this month's storm outages, whose compensation rules we explain in power outages from Chile's storm: how to file a claim.
It is not the Supreme Court's only recent ruling in the power sector. In another case, the court overturned an SEC fine against the National Electric Coordinator, as we reported in the Supreme Court overturns the fine against the grid operator.
What to do if you lost power in 2021
- Check whether you were a customer of Enel Distribución or Enel Colina in January and February 2021.
- Find your January 2021 bill: compensation is calculated with the average daily amount billed in the bill before the outage.
- Follow Sernac's channels: it announces when and how payment is made in class actions that become final.
- Check your current bills: compensation may arrive as a discount. To compare what you pay per kWh, see the price per kWh by city and utility.
Frequently asked questions
What did the Supreme Court confirm about Enel?
It rejected the cassation appeal of Enel Distribución and Enel Colina (case 44,862-2026) and made final the ruling over the power outages of January 29 to February 2, 2021.
How much will Enel pay for the 2021 outages?
In 2024 Sernac estimated more than CLP 8 billion for about 127,000 customers. The Court of Appeals ruled that ten times the average daily billing must be paid for each day without power, so the final total has not yet been reported.
Do I have to sue to receive compensation?
No. It is a Sernac class action: compensation benefits all affected customers identified in the ruling.
Which municipalities were most affected?
Maipú (23,322 customers), La Florida (15,760) and Las Condes (12,651), according to Sernac.
