On June 5, 2025, the evening edition of the Official Gazette of the Federation published the “Agreement for the resumption of deadlines and terms for the reception and processing of matters under the jurisdiction of the National Energy Commission...”
On June 5, 2025, the evening edition of the Official Gazette of the Federation published the “Agreement for the resumption of deadlines and terms for the reception and processing of matters under the jurisdiction of the National Energy Commission, in accordance with the powers conferred and transferred to it, and establishes the strategy for their attention.” (the “Agreement”), which will come into effect on June 6, 2025. This Agreement is issued in follow-up to the enactment of secondary laws in the energy sector, through which the Energy Regulatory Commission (“CRE”) was dissolved, and its powers were transferred to the National Energy Commission (“CNE”).
Below is an executive summary of the most relevant aspects of the Agreement:
1. Resumption of Deadlines and Terms
In accordance with the Agreement, the suspension of deadlines and terms for ninety (90) calendar days established in Article Eight Transitory of the Law of the National Energy Commission, published on March 18, 2025, is lifted. Consequently, as of June 6, 2025, the CNE resumes the reception, processing, and resolution of certain matters within its jurisdiction. The Agreement stipulates that for certain cases, deadlines and terms will remain suspended until the regulations of the new energy sector laws come into effect. The excluded procedures include:
• Applications for new generation permits in the electricity sector, except for projects in deficit regions of the national territory.
• Applications for new permits for the retail of natural gas, petroleum products, and liquefied petroleum gas.
• Applications for new permits for distribution by means other than pipelines of petroleum products (including liquefied petroleum gas).
• Applications for new permits for the commercialization of natural gas, petroleum products, liquefied petroleum gas, and petrochemicals, except for priority projects in deficit regions of the national territory.
• Applications for modifications to the corporate capital structure of the permit holder that imply a change in corporate control or management, and applications for updates due to changes in shareholding structure or brand changes.
• Applications for determination and adjustment of considerations, prices, and tariffs for distribution, pipeline transportation, and storage activities of natural gas, petroleum products, and liquefied petroleum gas.
2. Ratification of Pending Procedures
Additionally, the Agreement provides that matters initiated before the dissolved CRE prior to March 18, 2025, and which have not yet been 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 the Agreement takes effect), using the ratification format available on the CNE’s website, and may be carried out through two methods:
• Electronically via the Electronic Official Filing Office: https://ope.cne.gob.mx.
• Physically at the official address of the CNE located at Blvd. Adolfo López Mateos, No. 172, Merced Gómez Neighborhood, Postal Code 03930, Benito Juárez Territorial Demarcation, 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 crucial to emphasize that failure to carry out the ratification within the period established in the Agreement will be understood as a lack of intent to continue with the procedure, and therefore, upon certification, the CNE will consider the corresponding matter concluded.
3. Strategies for Handling Procedures Before the CNE
Finally, the Agreement establishes certain operational strategies that will guide the reception, processing, and resolution of matters under the jurisdiction of the CNE. Among the main strategies are:
• Documents and applications submitted during the suspension period will be formally considered received as of the effective date of the Agreement.
• Regulations issued by the dissolved CRE will continue to apply for the processing and resolution of applications, provided they do not conflict with the new energy sector laws.
• The Electronic Official Filing Office (https://ope.cne.gob.mx) will continue to be used.
• Rules are established for the regularization of report submissions during the suspension period (March 19 to June 5, 2025) for applicable permit holders.
• Certificates from Inspection Units for the Interconnection of Power Plants and Connection of Load Centers issued during the suspension will be regularized within 30 calendar days (until July 5, 2025).
