Legal deadlines and terms of the Energy Regulatory Commission are resumed

Legal deadlines and terms of the Energy Regulatory Commission are resumed

March, 2023

On February 28, 2023, "Resolution No. A/004/2023 of the Energy Regulatory Commission ("CRE"), whereby legal deadlines and terms are resumed in an orderly and staggered manner, amending Resolution A/001/2021 whereby the suspension of legal deadlines and terms was established as a measure to prevent and combat the spread of the COVID-19 coronavirus" (the "Resolution") was published in the Official Federal Gazette ("DOF"), by means of which it is provided that the deadlines and terms

The Resolution states that filings will be addressed in a staggered and orderly manner; accordingly, pending filings submitted to the CRE before March 1, 2023 will be addressed first, in order of priority based on their submission date. In this regard, the CRE will publish on its official website the order of priority in which the filings submitted before the Resolution came into force will be addressed. Likewise, the Resolution provides that the CRE will address filings submitted after March 1, 2023, which will be addressed in accordance with the folio number assigned to them through the Electronic Filing Office ("OPE"). The submission of applications through the OPE will be restricted to a maximum of one application per month per legal entity or individual. The folios to be assigned will be available 5 business days prior to the corresponding month, except for the month of March, in which they will be available during the first 5 business days of said month. Such folios will be assigned as follows: 50 per month for hydrocarbons matters; 15 per month for electricity matters; 120 per month for pre-Registrations. These maximum folio numbers may be increased by the CRE once it has fully resolved the matters submitted before March 1, 2023. In the event that the number of filings addressed monthly is increased, the CRE will publish it accordingly on its official website. It is important to note that the various limitations established by the CRE regarding maximum folio numbers and order of priority are intended to avoid overloading the workload and, therefore, to promptly address the filings submitted before the Resolution came into force. On the other hand, the Resolution is silent regarding the procedure for submitting various filings in person before the Filing Office and the possibility of attending an appointment with CRE personnel. In this respect, the Resolution merely provides that the submission method and its particulars will be made known on its website. Finally, the Resolution is consistent with the resumption of deadlines and terms of the agencies and bodies of the energy sector, as was the case with the Ministry of Energy, through the resolution published in the DOF on February 17, 2023, and with the National Energy Control Center, through the resolution published in the DOF on November 14, 2022, regarding which our firm previously reported through the respective notes. We hope this note is useful to you, and for more information or clarification of any matter, below is the contact information of our experts: Edmond Grieger, Partner: +52 (55) 5258–1048 | egrieger@vwys.com.mx Ariel Garfio, Partner: +52 (55) 5258–1048 | agarfio@vwys.com.mx

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