On June 5, 2025, the Resolution 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 authority that was conferred and transferred to it, and establishes the strategy for their attention, was published in the Federal Official Gazette ("Resolution").

The purpose of the Resolution is to remove the suspension of deadlines and terms established both in the Organic Law of the Federal Public Administration (Ley Orgánica de la Administración Pública Federal) and in the Law of the National Energy Commission (Ley de la Comisión Nacional de Energía), since the transfer of information, files, systems, and documentation by the Energy Regulatory Commission (Comisión Reguladora de Energía) and the Ministry of Energy (Secretaría de Energía) ("SENER") to the National Energy Commission (Comisión Nacional de Energía) ("CNE") has been completed.

It is important to mention that the Resolution establishes that procedures submitted before the Energy Regulatory Commission prior to March 18, 2025, and which are still pending resolution, must be ratified before the CNE within a maximum period of 10 business days from the entry into force of the Resolution, that is, no later than June 19, 2025. If the corresponding ratification is not carried out, the CNE will consider the matter closed.

The Resolution provides that as of its entry into force on June 6, 2025, the CNE will resolve matters within its jurisdiction, with the exception of the following cases:

  1. Applications for new generation permits in the electricity sector, unless they are related to priority electricity generation projects to guarantee electricity supply in deficit regions of the national territory.
  2. Applications for new permits for the retail sale of natural gas, petroleum products, and liquefied petroleum gas, new permits for distribution by means other than pipelines of petroleum products (including liquefied petroleum gas), and new permits for the commercialization of natural gas, petroleum products, liquefied petroleum gas, and petrochemicals, except in the case of priority projects to guarantee the supply of fuels in deficit regions of the national territory.
  3. Applications for modification of the share capital structure of permit holders that imply a change of corporate or management control.
  4. Applications for updates due to changes in shareholding structure and applications for updates due to brand changes.
  5. Applications for determination and adjustment of fees, prices, and tariffs for the activities of distribution and transportation by pipeline and storage of natural gas, petroleum products, and liquefied petroleum gas.

Regarding the above items, the Resolution establishes that applications will begin to be received and processed once the regulations of the laws of the electricity sector, the hydrocarbons sector, and energy planning and transition come into force.

Likewise, the Resolution provides that the CNE must obtain the favorable opinion of SENER to determine which projects are considered priority to guarantee electricity supply and fuel supply in deficit regions of the national territory.

As to the manner in which matters will be handled by the CNE, the Resolution provides that:

  1. Except for the cases mentioned above, documents and applications received during the period of suspension of deadlines will be considered as submitted upon the entry into force of the Resolution.
  2. The regulations issued by the Energy Regulatory Commission will continue to apply insofar as they do not conflict with current legislation.
  3. The Electronic Filing Office (Oficialía de Partes Electrónica) will continue to operate.
  4. Permit holders who received their permits from the Energy Regulatory Commission are given a period of 15 business days from the effective date of the Resolution to submit all reports that were required to be filed during the suspension of deadlines. 
  5. Inspection Units responsible for the Interconnection of Power Plants and the Connection of Load Points that issued certificates of compliance during the suspension of deadlines at the CNE are granted 30 calendar days from the effective date of the Resolution to re-obtain these certificates through the CNE’s Electronic Filing Office and to notify the applicant of their reissuance. Any certificates not re-obtained within this period will become invalid.

We invite you to contact your usual contacts at Ritch Mueller to discuss any particular situation regarding the points discussed in this Newsflash. If necessary, we make available the address [email protected], which allows us to channel your questions to the appropriate members of our team.

Visit our site www.ritch.com.mx or reach us at (+52) 55 9178 7000 | [email protected]