On September 30, 2026, the National Commission for the Efficient Use of Energy ("CONUEE", per its acronym in Spanish) published in the Federal Official Gazette the "Decree issuing the General Administrative Provisions for the registration of high energy consumption users and the implementation of Energy Management Systems" (the "HECU Provisions").
The HECU Provisions repeal the “General Administrative Provisions establishing the criteria to determine when a user has a high energy consumption pattern, and the form and frequency in which such users, agencies and entities of the Federal Public Administration and state owned enterprises must deliver their information to the Energy Transition Information System referred to in Articles 100 and 101 of the Energy Transition Law”, published on November 15, 2018 (the “2018 Provisions”).
The HECU Provisions are addressed to High Consumption Users ("HECU") and Third-Party Reporters (as defined below).
HECUs are individuals or legal entities with facilities in Mexico that, during the immediately preceding calendar year, exceeded any of the following thresholds: (a) annual electricity consumption above 45 GWh; or (b) annual fuel consumption above 70,000 barrels of crude oil equivalent (“bbl”), excluding energy used for transportation.
The fuel threshold is lower than the 100,000 bbl threshold under the 2018 Provisions.
Third-Party Reporters, in turn, are persons, agencies, entities and institutions that must provide CONUEE with the information and records that allow the identification of HECUs, including, without limitation: (a) agencies and entities of the Federal Public Administration; (b) State owned enterprises; (c) providers, suppliers or marketers of electricity or of any other solid, liquid or gaseous energy source; and (d) any other entities and institutions holding records that help identify HECUs (“Third-Party Reporters”).
For each HECU, Third-Party Reporters must report, among others, the amount of energy delivered by type of energy source. This information must be provided or updated annually in the HECU Registry (the “Registry”) from March 1 to May 31.
The reporting obligation is not new, but its scope changes substantially. The 2018 Provisions required electricity and fuel suppliers and market participants to provide, in generic terms, “related information” on HECU, through the means determined by CONUEE, without a list of data or an express verification regime.
Whereas, the HECU Provisions: (i) expressly include providers, suppliers and marketers of any solid, liquid or gaseous energy source, plus a catch-all category for any person holding records that help identify HECUs; (ii) list the data to be reported for each HECU; (iii) set an annual deadline ending May 31; and (iv) make Third-Party Reporters’ information the basis for determining the consumption that qualifies a person as a HECU.
HECUs, fin turn, must comply with the following:
i. Registration in the Registry- It is mandatory, free and confidential, and must be made (i) immediately upon becoming aware that the thresholds were exceeded in the prior year, or (ii) within 15 business days following CONUEE’s notice identifying the person as a HECU. The HECU and at least one facility must be registered, attaching the incorporation deed, power of attorney and official ID, as well as each facility’s location and economic activity.
ii. Annual report.- From March 1 to May 31 of each year, per facility and with a monthly breakdown: (i) energy consumed by type of energy source; (ii) goods or services produced; (iii) energy efficiency and decarbonization measures implemented; (iv) their energy and economic results; and (v) progress of the Energy Management System.
iii. Energy Management System ("EnMS").- Each registered facility must implement and maintain an EnMS based on ISO 50001 (or equivalent Mexican Official Standard) covering at least 80% of its consumption, with targets based on an energy review no older than three years, performance indicators, operational controls, documented information and a designated responsible person per facility.
Facilities registering for the first time have a non-extendable one-year term from registration to evidence certification.
Until the new electronic system is enabled, information will continue to be submitted through https://www.conuee.gob.mx/upacs/.
CONUEE will begin verifying EnMSs as of June 2027 and, no later than January 2028, already identified HECUs must have an EnMS certified under ISO 50001 by a body accredited under the Quality Infrastructure Law, and submit the certificate through the Registry.
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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