On June 5, 2025, the “Resolution reinstating deadlines and timelines for the receipt and processing of matters under the jurisdiction of the National Energy Commission, pursuant to the powers conferred and transferred to it, and establishing the strategy for their attention” (the “Resolution”) was published in the Federal Official Gazette.
The Resolution lifts the suspension of deadlines and timelines established in Transitory Article Four of the Organic Law of the Federal Public Administration and Transitory Article Eight of the Law of the National Energy Commission, in the context of the publication of the implementing legislation of the energy reform on March 18, 2025. The Resolution also sets forth the guidelines applicable to procedures that were initiated before the former Energy Regulatory Commission (“CRE”) and remained pending at the time of its dissolution.
Upon entry into force of the Resolution, the National Energy Commission (“CNE”) must receive, process, and resolve matters under its jurisdiction pursuant to the following guidelines:
(i) Ratification of interest: Parties that initiated a procedure before the former CRE, which has not yet been resolved by the CNE, must submit a written ratification of their interest in continuing such procedure within 10 business days from the publication of the Resolution, using the format provided in its Annex 1. Failure to do so may result in the procedure being considered concluded by the CNE. This obligation applies exclusively to pending procedures, and not to ongoing compliance obligations, such as the submission of daily or monthly reports.
(ii) Submission of pending reports: The Resolution also grants a 15-business-day period for permit-holders to submit any reports that were due and not filed, during the regulatory suspension period.
(iii) Temporarily excluded procedures: Until the relevant implementing regulations are published, the CNE will not process procedures related to: (a) new applications for power generation permits (except priority projects in deficit regions); (b) new applications for permits for the retail sale, marketing, or non-pipeline distribution of hydrocarbons and petrochemicals (except priority projects to guarantee fuel supply in deficit regions); (c) requests to modify the capital structure involving a change of control; (d) applications for updates due to changes in corporate structure or brand; and (e) applications for tariff or compensation determinations or adjustments.
Filings may be submitted via CNE’s Electronic Filing Office (Oficialía de Partes Electrónica), available at https://ope.cne.gob.mx/, or in person at the offices of the CNE located at Blvd. Adolfo López Mateos No. 172, Colonia Merced Gómez, Benito Juárez, Mexico City.
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