Below is an executive summary of the DACGs, setting out the most relevant aspects and their implications for participants in the electricity sector: 1. Purpose and Scope The purpose of the DACGs is to regulate and establish the regulatory framework applicable to the integration of Electric Energy Storage Systems (“SAEE”) into the National Electric System (“SEN”). In particular, the DACGs define the technical, operational and regulatory requirements that must be met for the installation, interconnection/connection and operation of the SAEE, as well as the guidelines relating to the services that such systems may provide, the modalities under which they may participate and the circumstances in which they may be integrated on an aggregated basis. In this regard, the DACGs constitute the regulatory instrument that articulates the incorporation of electric energy storage within the new legal framework of the electricity sector, specifying both the conditions under which private parties may participate in this activity and the control and supervision elements entrusted to the State, specifically through the National Energy Control Center (“CENACE”) in its capacity as system operator. 2. Integration of the SAEE into the SEN The DACGs establish that the SAEE may be integrated into the SEN as complementary infrastructure within the various activities of the electricity sector, specifying that their incorporation does not, in itself, entail carrying out the regulated activity of storage; rather, their legal treatment will depend on the specific modality under which they participate. In this regard, the provisions recognize various integration modalities, which determine both the applicable regulatory regime and the technical and operational requirements, connection and interconnection requirements and, where applicable, permit requirements. Accordingly, the DACGs recognize the following participation modalities: (i) SAEE associated with Power Plants; (ii) SAEE associated with Load Centers; (iii) SAEE associated with the Self-supply arrangement; (iv) SAEE associated with the infrastructure intended for the provision of the Public Service of Transmission and Distribution of Electric Energy; and (v) Non-associated SAEE. Thus, depending on the modality under which the SAEE participate, the DACGs establish specific requirements regarding Interconnection Studies, including the submission of detailed technical information on the system’s storage capacity, power, response times and operational characteristics, which allows CENACE to assess their impact on the SEN and determine the conditions under which they may be integrated into it safely and efficiently. Likewise, the participation of the SAEE in the Wholesale Electricity Market (“MEM”) varies and is subject to different technical rules, depending on the modality under which they operate. Nevertheless, all SAEE that participate in the MEM may enter into long-term bilateral contracts for the purchase and sale of Capacity or other products with various Market Participants. It should be noted that only those SAEE with a storage duration equal to or greater than three hours may accredit Capacity. Overall, this integration regime reflects an approach in which electric energy storage is incorporated as a functional element of the system, subject to strong technical and operational supervision, and aligned with the objectives of Reliability and centralized planning of the SEN. 3. SAEE associated with Power Plants (“SAEE-CE”) The DACGs establish that the SAEE-CE constitute a modality in which storage is functionally integrated into generation facilities, particularly in the case of renewable energy plants, with the aim of managing their variability and increasing their operational efficiency within the SEN. One of the central elements of this scheme is that the SAEE-CE do not require a separate storage permit, insofar as they are considered an integral part of the Power Plant. Nevertheless, their installation and operation must comply with the applicable provisions on generation permits, which means that any modification associated with the incorporation of an SAEE must observe the regulatory regime corresponding to the plant’s generation permit. The DACGs provide that the operation of the SAEE-CE may serve different functions, including discharge into the MEM, charging from the plant’s own generation or from the National Transmission Grid (“RNT”), highlighting in particular their role in offsetting the Power Plant’s variability, as well as a combination of these options. In this context, the operational flexibility offered by the SAEE makes it possible to optimize the plants’ generation profile, while storage makes it possible to manage intermittencies by charging during periods of high generation and subsequently discharging when system conditions so require. However, this functionality is subject to various technical and operational considerations, including limits on the energy that may be injected into the system, adherence to the Power Plant’s authorized capacity, and compliance with the conditions established in the corresponding interconnection contract. Likewise, it should be noted that the offers submitted by the SAEE-CE in the MEM will ultimately be subject to the dispatch instructions issued by CENACE. As regards their integration, the DACGs distinguish between new and existing Power Plants. In the case of new plants, the incorporation of SAEE must be contemplated from the project development stage, including its consideration in the Interconnection Studies. For their part, the integration of SAEE into existing Power Plants is considered a relevant technical modification, which entails the need to update the corresponding studies before CENACE, as well as, where applicable, to adjust the conditions of the generation permit. A particularly relevant aspect of the new regime is the treatment of plants regulated under the Public Electric Energy Service Law (the “LSPEE”) or the Electric Industry Law (“LIE”). The DACGs establish that, should such plants integrate SAEEs, they must migrate to the new regime provided for in the Electricity Sector Law (“LSE”), which entails adapting their permits, operational conditions and market participation schemes. In this regard, the DACGs develop a specific regime for this transition, establishing obligations related to the updating of permits, the adaptation of interconnection contracts and compliance with the new operating rules applicable to the SAEE. 4. SAEE associated with Load Centers (“SAEE-CC”) The DACGs regulate the SAEE-CC as a modality in which storage is integrated directly into the facilities and infrastructure of the Load Center of End Users, for the purpose of optimizing their demand profile and managing energy supply more efficiently. Under this scheme, the SAEE-CC do not require a storage permit, insofar as they are considered part of the Load Center itself. Nevertheless, their operation must comply with the regime applicable to Electric Supply, particularly the provisions under which the user acquires energy, whether through a Supplier or by participating directly in the MEM as a Qualified User. An essential element of this modality is that the stored energy is strictly limited to meeting the needs of the Load Center itself, so that it may not be injected into the RNT or the General Distribution Grids (“RGD”), nor be subject to sale. As mentioned above, the incorporation of an SAEE into an existing Load Center is considered a relevant technical modification, so that it may entail the need to update the Connection Studies before CENACE, as well as adjustments to the contracted demand. In this regard, the SAEE’s capacity may not exceed the value applicable to the contracted demand or the maximum demand of the Load Center. 5. SAEE associated with Self-supply (“SAEE-Self-supply”) The DACGs regulate the SAEE-Self-supply as a modality in which storage may form part of: (i) Power Plants with generation permits under the Self-supply modality; and (ii) the facilities and equipment of Consumption Centers of Self-supply Users linked to a generation permit under the Self-supply modality. In both cases, as an accessory element intended to optimize energy management. Consequently, the regulatory treatment of the SAEE-Self-supply does not follow a uniform logic, but rather depends on the specific manner in which the system is integrated within the corresponding self-supply scheme. In general terms, the DACGs establish that the SAEE-Self-supply do not require a separate storage permit, provided that they remain within the regulatory parameters of the applicable self-supply scheme. Nevertheless, their installation and operation must strictly observe the conditions of the corresponding generation permit or registration, which means that storage does not constitute an autonomous activity, but rather a functional extension of the main scheme. Likewise, it is specified that the SAEE’s capacity is not considered an increase in the authorized installed capacity, so that it may not be used as a mechanism to expand generation capacity. Additionally, the SAEE-Self-supply may be charged both with the energy generated by the Power Plant itself and, in certain circumstances, through the electric grid, which introduces operational flexibility. However, this possibility is subject to restrictions intended to preserve the nature of self-supply and prevent its use as an indirect mechanism for participation in the MEM (where the regulation does not permit it). A particularly relevant element in this scheme is that all Power Plants whose primary source presents variability conditions are obligated to have their own backup, whether by contracting backup coverage with the Federal Electricity Commission (“CFE”) or with a third party, or by integrating into their facilities an SAEE sized in accordance with CENACE’s determinations. In this regard, opting for the SAEE-Self-supply modality allows parties operating under the Self-supply arrangement to comply with this regulatory requirement. 5.1 SAEE integrated into Power Plants – Interconnected self-supply with sale of surpluses. In the case of Power Plants whose primary energy source presents variability conditions (such as, for example, renewable energies) and which operate under the interconnected self-supply arrangement with the possibility of selling surpluses, the SAEEs make it possible to manage the intermittency inherent to generation. In these circumstances, storage may be used to (i) capture generation surpluses during periods of high production; (ii) inject energy into the RNT or the RGD at efficient times; and (iii) optimize the injection and consumption profile. Nevertheless, such operation is subject to relevant limitations, among which the following stand out: (i) the impossibility of exceeding the capacity authorized in the generation permit; (ii) the obligation to comply with the conditions of the interconnection contract; and (iii) compliance with the system’s operating rules and CENACE’s instructions. Likewise, in the event that the holder of the generation permit under the Self-supply arrangement opts to comply with the own-backup requirement by integrating an SAEE, it may include capacity additional to that necessary to meet such criterion, in order to commercialize it. 5.2 SAEE integrated into Power Plants – Interconnected self-supply without sale of surpluses. In the case of Power Plants operating under interconnected self-supply schemes without sale of surpluses, the SAEE serve a function oriented exclusively toward the internal management of energy consumption. In this case, the stored energy (i) must be used exclusively to meet the plant’s own needs within the Private Grid; (ii) may not be injected into the SEN; and (iii) may not be subject to commercialization. Storage makes it possible to optimize consumption by managing charges and discharges according to the user’s needs; however, a strict restriction is maintained with respect to any form of participation in the electricity market. 6. SAEE associated with the infrastructure intended for the provision of the Public Service of Transmission and Distribution of Electric Energy (“SAEE-RNT/RGD”) The DACGs regulate the SAEE-RNT/RGD as a modality in which storage is integrated directly into the RNT and the RGD, forming part of the strategic infrastructure of the SEN. In this regard, the SAEE-RNT/RGD are conceived as support elements for system management, including the regulation of energy flows, the control of demand variations and the integration of intermittent sources. This, with the aim of maintaining the Accessibility, Continuity, Quality, Efficiency, Reliability, Security and Sustainability of the SEN. A fundamental aspect of this modality is that the SAEE-RNT/RGD are the exclusive property of the CFE, which reflects their strategic character within the electricity sector. Consequently, these systems may not be developed or operated by private parties, consolidating an area reserved to the State with respect to storage linked to critical infrastructure. Likewise, the DACGs establish that the energy charged, stored and discharged through these systems is not subject to the payment of consideration, insofar as their operation responds to the SEN’s own needs and not to market transactions. 7. Non-associated SAEE (“SAEE-Non-associated”) The DACGs regulate the SAEE-Non-associated as an autonomous modality in which the SAEE are not directly linked to a Power Plant, a Load Center or transmission and distribution infrastructure. Unlike other modalities provided for in the DACGs, in which storage is conceived as an element accessory to previously regulated activities, the SAEE-Non-associated are recognized as an independent activity in themselves, which means that their development is subject to the binding planning process and their operation is subject to their own legal regime. In this regard, these SAEE require obtaining a storage permit granted by the CNE, as well as compliance with the applicable technical, operational and regulatory requirements. The SAEE-Non-associated have the power to participate in the MEM directly through the “Storage Provider” figure or through representatives, carrying out purchase and sale operations of energy, Capacity and related services. A relevant aspect of this modality is that they may provide backup coverage to Power Plants that are obligated to mitigate the effects associated with variability; likewise, the DACGs open the possibility for the SAEE-Non-associated to enter into short-, medium- and long-term contracts with CENACE, as a result of the binding planning process to maintain or improve the Reliability of the SEN, positioning themselves as versatile assets within the market. However, their operation is subject to restrictions given that they are energy-limited resources, which means that their capacity to meet commitments depends entirely on the availability of energy stored at that moment. As a result, the design and profitability of these projects require meticulous technical and financial planning, focused on system efficiency, charge and discharge cycles, and a well-defined market participation strategy. Additionally, the installation of SAEE-Non-associated requires obtaining the corresponding Interconnection and Connection Studies before CENACE, which constitute a key element for their viability. These studies must consider, among other aspects, such as (i) the system’s storage capacity and power; (ii) the anticipated charge and discharge profiles; (iii) the system’s response times and operational characteristics; and (iv) the impact on the stability, security and reliability of the electric grid. In this regard, the integration of these systems depends not only on their individual technical viability, but also on their compatibility with the conditions of the SEN. Circumstances for the integration of aggregated SAEE The DACGs provide for the possibility of integrating SAEEs on an aggregated basis, establishing a scheme that allows different participants in the electricity sector to coordinate the use of these systems under a joint logic, according to their operational needs and compliance with the applicable provisions. This aggregated integration means that two or more participants —particularly Generators and End Users— may share or coordinate the use of one or more SAEE, without this necessarily entailing the loss of their legal or regulatory individuality. The aggregated SAEE may be used to meet common needs, such as managing variability in generation, optimizing consumption or complying with regulatory obligations, such as own backup in self-supply schemes, provided that the specific conditions applicable to each participation modality are respected. Nevertheless, aggregated integration is subject to compliance with the binding planning criteria, to the aggregation being only among parties sharing the same character (Generator, Basic Supply User, Qualified User, etc.), and to the aggregation of the interested parties taking place at the same electrical substation, node or electrical area determined by CENACE. Additionally, the aggregated integration of SAEE may require conducting specific studies before CENACE, particularly when their operation has relevant implications for the electric grid or when it involves schemes with multiple interconnection or connection points. 8. Criteria for contracting backup in interconnected self-supply through SAEE with the CFE or third parties The DACGs contemplate the possibility that interconnected Self-supply schemes may rely on SAEE that do not necessarily form a direct part of the user’s own infrastructure, but may instead be provided by third parties or by the CFE, thereby introducing a more flexible model in the management of Electric Supply. In this context, the interconnected Self-supply arrangement is allowed to access storage capacities without the need to develop or integrate such systems directly into its facilities, which may be particularly relevant from a technical and economic perspective. Likewise, the participation of third parties or of the CFE itself in the provision of storage services introduces additional elements of contractual and operational coordination, insofar as it will be necessary to clearly define the responsibilities of each party, the terms of access to the storage system and the conditions under which the energy will be managed. Additionally, the implementation of these schemes may require conducting interconnection or connection studies before CENACE, as well as verifying that the joint operation of the SAEE and the user does not cause harm to the electric grid. 9. Transitory Provisions The DACGs entered into force on the day following their publication in the DOF, establishing the repeal of Resolution A/113/2024 of March 2025. This new framework requires all SAEE in operation or development to conform to the new provisions, which entails updating permits and adjusting technical conditions or operating modalities. During this transition, CENACE will define the provisional criteria for interconnection and connection, allowing conditions to be adjusted progressively under a scheme of regulated flexibility. While the contract models are updated, projects will operate under a hybrid system that combines the current conditions with the new technical guidelines. This obliges developers to carry out a progressive adaptation that may require new studies and adjustments in the technical and financial planning of the projects. Ultimately, this transitory regime seeks to ensure that all participants fully align their operations with the new energy storage regulations. At Von Wobeser y Sierra we are at your disposal to advise you on the analysis and implementation of these Provisions. Should you require additional information, please do not hesitate to contact our partners and associates who are experts in this area. 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) 5258-1048 | rflores@vwys.com.mx Mauricio Puebla, Associate +52 (55) 5258-1007 | mpuebla@vwys.com.mx Héctor Sánchez, Associate +52 (55) 5258-1048 | hsanchez@vwys.com.mx Regina González, Associate +52 (55) 5258-1007 | rgonzalez@vwys.com.mx Arturo Hernández, Associate +52 (55) 5258-1007 | ahernandez@vwys.com.mx
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