On March 17, 2026, the “Resolution whereby the National Energy Commission issues the model contract for the interconnection, connection or both to the National Transmission Grid or the General Distribution Networks for Power Plants, Electric Energy Storage Systems and Load Centers” (the “Model Contract”), issued by the National Electricity Commission (“CNE”), was published in the Official Gazette of the Federation (“DOF”).
Below is an executive summary of the Model Contract with the most relevant aspects and the implications for participants in the power sector. 1. Duality Scheme in Interconnection and Connection The Model Contract introduces a significant structural change to the interconnection and connection regime for the National Electric System (“SEN”), by replacing the previous scheme based on differentiated contractual instruments for Power Plants and Load Centers with a unified and comprehensive model that regulates, in a single instrument, interconnection, connection or both. This change broadens the scope of the Model Contract, which is no longer limited to the injection or withdrawal of electric energy, and instead comprehensively encompasses all possible interactions with the SEN, including energy storage. Likewise, new subjects and operational configurations are incorporated (particularly storage and hybrid schemes) that were not contemplated in the prior contractual models. 2. Inclusion of the EESS The Model Contract broadens its subjective scope by expressly incorporating Electric Energy Storage Systems (“EESS”) as subjects entitled to request the interconnection or connection of the EESS to the SEN. With this, the Model Contract introduces a significant change by integrating the EESS directly into the applicable contractual scheme, eliminating the need to resort to instruments that did not address their technical and operational nature. 3. Comparative table of the previous models and the current one Below is a table summarizing the main changes of the Model Contract as compared to the previous interconnection and connection contract models: Clause Former Interconnection Contract Former Connection Contract New Model Contract Purpose of the Contract (First Clause) Physical interconnection of a Power Plant to the RNT/RGD. Capacity in MW and voltage in kV. Physical connection of a Load Center. Includes installed load, maximum demand and voltage. [MODIFIED] Unifies the purpose: "To ensure the construction of the required infrastructure" and to maintain physical interconnection/connection. Includes specific location and interconnection/connection point. Storage Systems Not contemplated. Not contemplated. [NEW] Expressly includes Electric Energy Storage Systems. Modification of the Contract (Fourth Clause) Written amendments that do not alter the structure of the model. Any change to the model requires CRE approval. Identical to the Interconnection Contract. [MODIFIED] Modification is permitted without prior approval from CNE/CENACE when it does not entail a Technical Modification, changes to the model, or modification of permits. Metering System (Eleventh Clause) Equipment installed by the Transmitter/Distributor charged to the Applicant. Contribution in accordance with the DACGMA.[2] Identical to the Interconnection Contract. [MODIFIED] Additional references to the Metering Manual for Settlements and the ICT Requirements Manual. [NEW] The Metering System must be granted on bailment (comodato) to the Transmitter/Distributor. Extensions (Twelfth Clause) Requires modification of the CRE permit and extension of guarantees. Requires authorization from CENACE or the Distributor. [MODIFIED] For extensions greater than 6 months, modification of the permit (CNE) or an extension from CENACE is required. [NEW] Obligation of the Transmitter/Distributor to report delays within its purview with respect to the work schedule. The Applicant may notify such delays to CNE and CENACE for the corresponding coordination and adjustment. Fortuitous Event or Force Majeure (Nineteenth Clause) Broad definition. Illustrative list of scenarios. List of exclusions (negligence, foreseeable events, financial changes, exchange-rate parity, late deliveries, material deficiencies). Similar to the Interconnection Contract. [NEW] Added as a scenario of Fortuitous Event or Force Majeure: "operating conditions in the SEN that prevent activities to preserve Reliability and Safety". [NEW] Added exclusion: "increase in the price or costs of materials/equipment/fuels". Contractual Penalties (Twenty-Sixth Clause) Applicant's default: enforcement of CENACE guarantees. Transmitter/Distributor's default: maximum penalty of 10% of the cost of the works (2% per day of delay). Similar to the Interconnection Contract. [ELIMINATED] The 10%/2% daily contractual penalty for the Transmitter/Distributor's default is eliminated. [NEW] The contractual penalty for not allowing review of the Metering Systems shall correspond to the monthly payment of a consideration, established in accordance with the general administrative provisions on the Public Service of Transmission and Distribution of Electric Energy. Use of electronic means Not contemplated. Not contemplated. [NEW] Express acceptance of the use of electronic means and Advanced Electronic Signature is included. [2] General Administrative Provisions on Contributions. 4. Transitory Provisions. The Model Contract enters into force on the business day following its publication in the Official Gazette of the Federation. Likewise, the interconnection and connection contract models issued between 2015 and 2016, as well as their respective clarifications, are repealed. At Von Wobeser y Sierra we are at your disposal to advise you on the analysis and implementation of the new interconnection and connection contract model. Should you require additional information, please do not hesitate to contact our partners and associates who are experts in this field. For additional information, contact: Edmond Grieger, Partner: +52 (55) 5258-1048 | egrieger@vwys.com.mx Ariel Garfio, Partner: +52 (55) 5258-1007 | agarfio@vwys.com.mx Edmundo Berumen, Associate: +52 (55) 5258-1007 | eberumen@vwys.com.mx Roberto Flores, Associate: +52 (55) 5258-1007 | rflores@vwys.com.mx Mauricio Puebla, Associate: +52 (55) 5258-1007 | mpuebla@vwys.com.mx Regina González, Associate: +52 (55) 5258-1007 | rgonzalez@vwys.com.mx Hector Sánchez, Associate: +52 (55) 5258-1007 | hsanchez@vwys.com.mx Arturo Hernández, Associate: +52 (55) 5258-1007 | ahernandez@vwys.com.mx
PDF
