On June 5, 2025, the evening edition of the Federal Official Gazette published the “Agreement resuming the time periods and terms for the receipt and processing of matters within the jurisdiction of the National Energy Commission, in accordance with the powers conferred and transferred to it, and establishing the strategy for their handling” (the “Agreement”), which enters into force on June 6, 2025.
This Agreement is issued in follow-up to the enactment of the secondary laws of the energy sector, by means of which the Energy Regulatory Commission (“CRE”) was dissolved and its powers transferred to the National Energy Commission (“CNE”). Below is an executive summary of the most relevant aspects of the Agreement: 1. Resumption of time periods and terms In accordance with the Agreement, the ninety (90) calendar-day suspension of time periods and terms established in the Eighth Transitory Article of the Law of the National Energy Commission, published on March 18, 2025, is lifted. In this regard, as of June 6, 2025, the CNE resumes the receipt, processing, and resolution of certain matters within its jurisdiction. The Agreement establishes that for certain cases the time periods and terms will remain suspended until the regulations of the new energy-sector laws enter into force. Among the excluded procedures are: • Applications for new generation permits in the electricity sector, unless they relate to projects in deficit regions of the national territory. • Applications for new retail-supply permits for natural gas, petroleum products, and liquefied petroleum gas. • Applications for new distribution permits by means other than pipelines for petroleum products (including liquefied petroleum gas). • Applications for new commercialization permits for natural gas, petroleum products, liquefied petroleum gas, and petrochemicals, unless they involve priority projects in deficit regions of the national territory. • Applications for modification of the permit holder's corporate capital structure that entail a change of corporate control or management, and applications for updates due to a change in shareholding structure or change of brand. • Applications for the determination and adjustment of considerations, prices, and tariffs for the distribution, pipeline transport, and storage of natural gas, petroleum products, and liquefied petroleum gas. 2. Ratification of pending procedures On the other hand, the Agreement also provides that matters initiated before the now-defunct CRE prior to March 18, 2025 and not yet resolved must be ratified by the interested parties if they wish the CNE to continue processing them. The ratification must be submitted no later than June 19, 2025 (10 business days counted from June 6, the date on which the Agreement took effect), in accordance with the ratification form available on the CNE's website, and may be carried out by two means: • Electronically through the Electronic Filing Office: https://ope.cne.gob.mx. • In person at the CNE's official address located at Blvd. Adolfo López Mateos, No. 172, Colonia Merced Gómez, Postal Code 03930, Benito Juárez Borough, Mexico City, during business hours from Monday to Friday, 9:00 a.m. to 3:00 p.m. and 4:00 p.m. to 6:00 p.m. It is very important to emphasize that, should the ratification not be carried out within the period established in the Agreement, it will be understood that there is no intention to continue with the procedure, so that, following certification, the CNE will deem the corresponding matter concluded. 3. Strategies for the handling of procedures before the CNE Finally, the Agreement establishes certain operational strategies that will guide the receipt, processing, and resolution of matters within the CNE's jurisdiction. Among the main ones are: • Briefs and applications submitted during the suspension period will be considered formally received as of the entry into force of the Agreement. • The regulations issued by the now-defunct CRE will continue to apply to the processing and resolution of applications, provided they do not conflict with the new energy-sector laws. • The Electronic Filing Office (https://ope.cne.gob.mx) will continue to be used. • Rules are established for regularizing the submission of reports during the suspension period (the period from March 19 to June 5, 2025) for the applicable permit holders. • Regularize the certificates of the Inspection Units for the Interconnection of Power Plants and Connection of Load Centers, issued during the suspension, within a period of 30 calendar days (until July 5, 2025). At Von Wobeser y Sierra we are at your disposal to assist you with the fulfillment of your obligations, as well as the ratifications necessary for you to continue with your administrative procedures before the CNE. Should you require additional information, please do not hesitate to contact our partners with expertise in this matter: Edmond Grieger, Partner: +52 (55) 5258-1007 | egrieger@vwys.com.mx Ariel Garfio, Partner: +52 (55) 5258-1008 | agarfio@vwys.com.mx
