On October 17, 2025, the Ministry of Energy (“SENER”, per its acronym in Spanish) issued the “General administrative provisions regarding binding planning in the power generation activity” (the “Regulations”) in the Federal Official Gazette.
The Regulations became effective as of October 17, 2025, and must be reviewed and updated annually by SENER.
The Regulations establish that the National Energy Commission (“CNE”, per its acronym in Spanish) must consider binding planning criteria for the evaluation and granting of power generation permits under the Power Sector Law (“LSE”, per its acronym in Spanish) and its regulations, which require that projects be aligned with the applicable planning instruments for the power sector, in particular the National Energy Transition Strategy, the Energy Sector Program, the Energy Transition and Sustainable Use of Energy Plan, and the Power Sector Development Plan (“PLADESE”, per its acronym in Spanish) (collectively, the “Planning Instruments”).
These criteria apply to projects associated with power generation permit applications submitted to the CNE under the LSE and its regulations, specifically projects for sale in the Wholesale Electricity Market and schemes for mixed development with the Federal Commission of Electricity (“CFE, per its acronym in Spanish) – they do not apply to projects for self consumption or for the cogeneration modality.
The criteria to assess compliance with the binding planning of the power sector in the granting of power generation permits are as follows:
This refers to the assessment of whether the project is consistent with the capacity, technology, and electricity generation requirements needed to meet electricity demand, as defined in the Planning Instruments. For this purpose, the assessment must consider the criteria established in the PLADESE in relation to: (a) meeting demand in the relevant transmission region or regional control management area; (b) the project’s year of entry into operation; and (c) the power technology required for that region.
This refers to the assessment of whether the project contributes to meeting the technical parameters required by the National Electric System (the “System”), considering: (a) ancillary services included in the Wholesale Electricity Market (the “Market”); (b) ancillary services not included in the Market, including battery energy storage systems (“BEES”), as determined by the study issued by the National Center for Energy Control (“CENACE”, per its acronym in Spanish); (c) frequency and voltage control for synchronous and asynchronous power plants, in accordance with the Grid Code; (d) firm capacity reserve to cover the reserve margin or, where applicable, contribution of at least the minimum requirement set forth in the Grid Code for asynchronous power plants; and (e) synchronous or synthetic inertia provided through BEES.
This refers to the assessment of the project’s performance based on long-term minimum cost and infrastructure deferral criteria, considering the project’s impact on the operating cost of the System.
This refers to the assessment of the extent to which the project contributes to achieving the energy transition and decarbonization goals set forth in the planning instruments and international commitments, considering (a) its contribution to clean energy targets or (b) its contribution to greenhouse gas mitigation.
This refers to ensuring that the project does not prioritize private interests over those of the State, as represented by CFE, by guaranteeing that CFE maintains a minimum share of 54% of the average electricity injected into the System over a calendar year.
This refers to the assessment of the extent to which the project contributes to equitable access to energy, the reduction of inequalities and addressing energy poverty in accordance with the LSE and its regulations, through the implementation of a Social Management Plan associated with the project’s Social Impact Assessment, with a minimum investment equivalent to 0.5% of the project’s total investment.
The CNE must determine that a project complies with binding planning requirements when it meets each of the criteria outlined above. Otherwise, it may deny the requested permit.
To evaluate the criteria set out in sections I, II, and III, the CNE must consider the provisions of the PLADESE and the interconnection feasibility studies conducted by CENACE.
For the criteria in sections IV, V, VI, and VII, the CNE must consider the information provided by SENER, in accordance with the PLADESE, the Social Impact Assessment, and emission factors for the power sector, or any other information it deems appropriate.
In connection with the Request for proposals for priority processing of electricity generation and interconnection permit applications aligned with the binding planning requirements (the “RfP”), published by SENER on the same date as the Regulations, SENER may rely on the support of the Technical Analysis Group (“TAG”) to review technical information derived from applications submitted under the RfP and from projects developed under mixed development schemes. For further details on the provisions of the RfP, please refer to our client alert here.
The TAG will be composed of the heads of the Undersecretariats for Planning and Energy Transition and for Electricity within the Ministry; the heads of the General Directorate and the Electricity Unit of the CNE; and the head of the General Directorate of CENACE. The TAG must issue a technical opinion and review the reports prepared by CENACE that impact the outcomes of binding planning and that are considered in the granting of electricity generation permits under the RfP or for projects with mixed development schemes.
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