On September 30, 2026, the National Energy Commission (“CNE”) published in the Federal Official Gazette a decree amending (the “Amending Decree”) the decree establishing the methodology for determining the charge applicable to the electricity transmission service provided by suppliers to permit holders with electricity generation facilities under the Public Electricity Service Law, published on June 18, 2026 (the “Original Decree”).
As background, the Original Decree established an exception regime to the application of the Transmission Methodology for permit holders that have an interconnection agreement and a transmission agreement entered into under the Public Electricity Service Law and that opt for the voluntary and expedited migration procedure set forth in the Voluntary Migration Guidelines for legacy-regime permit holders. For further information regarding the Original Decree, please see our note here.
The Amending Decree introduces three main changes to the exception regime applicable to permit holders that choose to migrate to the regime under the Electric Sector Law:
a. Term of the agreements
Previously, to access the exception regime, the interconnection agreement and the transmission agreement had to remain in force beyond the exception period.
Now, both agreements need only to be in force. For example, a permit holder with an interconnection agreement expiring in 2027—previously ineligible under this requirement—may now qualify for the exception regime, which would remain in effect until the relevant agreement expires.
b. Waiver of the exception
The Amending Decree allows permit holders to voluntarily waive the exception at any time by submitting a request to the CNE.
This possibility may be relevant for permit holders for whom application of the Transmission Methodology or the tariffs applicable in the Wholesale Electricity Market (“MEM”) would be more advantageous.
c. Enablement and commencement of operations in the MEM.
Previously, the exception ended when either of the following events occurred: (i) the permit holder obtained “enabled” status in the physical assets registry, or (ii) commenced operations in the MEM.
Now, the exception ends only when both events occur. Therefore, obtaining “enabled” status alone no longer results in the loss of the exception, which remains in effect until the permit holder commences operations in the MEM.
The Amending Decree does not modify the date from which the exception regime to the Transmission Methodology established under the Original Decree applies.
In this regard, there is a timing issue that should be considered together with the amendment to the Migration Guidelines: while the latter establish January 15, 2027 as the deadline for permit holders to submit their migration applications, the Amending Decree maintains October 19, 2026 as the date from which the Transmission Methodology applies.
Accordingly, permit holders that submit their migration applications after October 19, 2026, could be subject to the Transmission Methodology as of such date and until the conditions to qualify for the exception regime are satisfied.
While the exception regime remains in effect, the increase in the transmission charge that would otherwise result from the application of the Transmission Methodology is deferred.
The Amending Decree entered into force on September 30, 2026, on the date of its publication in the Federal Official Gazette. However, the Transmission Methodology will begin to apply as of October 19, 2026, subject to the exception regime described above.
Permit holders considering migration should therefore assess the timing of their migration applications and the requirements to qualify for the exception regime in light of these dates.
For further information regarding the Amending Decree and its implications, please contact our team.
Legal Notice: This Client Alert is for informational purposes only and does not constitute legal advice or a formal opinion on any specific matter. The information contained herein reflects a general analysis prepared by our attorneys based on information available at the time of publication. Any reproduction, citation, or reference to this content must be expressly attributed to Mijares and should not be construed as a public statement or comment made by the firm to the media.
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