On June 18, 2026, the Ministry of Energy (“SENER”) published in the Official Gazette of the Federation (“DOF”) the Agreement issuing the Guidelines for the voluntary and expedited migration of self-supply and cogeneration of electricity to the figures established under the Electric Sector Law (the “Guidelines”). Likewise, on June 18, 2026, the CNE published in the DOF the Methodology for Determining the Charge for the Electricity Transmission Service (the “Transmission Methodology”), which will become effective on October 19, 2026. The Transmission Methodology repeals the previous methodology that established the so-called “postage stamp wheeling rate” (porteo estampilla) and introduces a new transmission service charge.
The Guidelines are intended to facilitate the voluntary transition of legacy self-supply and cogeneration schemes granted under the Law of the Public Service of Electric Energy (“LSPEE”) to the new regulatory framework established under the LSE.
To that end, the Guidelines establish a temporary and exceptional migration process available from June 19, 2026 through October 6, 2028 (the “Migration Term”), entrusted to SENER, the National Energy Commission (Comisión Nacional de Energía, “CNE”), the National Energy Control Center (Centro Nacional de Control de Energía, “CENACE”) and the Federal Electricity Commission (Comisión Federal de Electricidad, “CFE”).
The objective is to ensure an orderly and expedited migration process while allowing the continued operation of the relevant power plants and load centers throughout the completion of the migration procedure.
It is important to note that the permits, agreements, and other instruments granted under the LSPEE that do not choose to migrate will remain in force and subject to the legal regime under which they were granted until the end of their validity/term.
Permit holders and associated users should carefully assess the legal, commercial and operational implications of migration, including the definitive termination of the legacy permit, interconnection agreements and related arrangements, as well as the relinquishment of rights under the LSPEE. An early assessment of compatibility with MEM participation, self-consumption, or Basic/Qualified Supply is recommended, in line with each project’s long-term strategy.
The Guidelines allow the so-called “Legacy Regimes” -that is, self-supply (autoabastecimiento) and cogeneration permits granted under the former LSPEE, together with the agreements associated therewith- to migrate, on a total and permanent basis, to any of the electricity generation regimes contemplated under the LSE.
a. Isolated Self-Consumption
Legacy Regime holders may migrate to a generation permit under the self-consumption modality, whereby electricity is used exclusively to satisfy their own consumption needs.
The generating facility is not required to be represented by a Market Participant acting as a Generator, although it must comply with applicable technical, interconnection and metering requirements.
b. Grid-Connected Self-Consumption
The Guidelines also allow migration to a grid-connected self-consumption permit, where the facility may be interconnected to the National Transmission Grid or General Distribution Networks and supply electricity for the benefit of one or more Self-Consumption Users.
This regime may permit the injection of surplus electricity into the electrical system, subject to the applicable regulatory framework and the permit issued by the CNE.
c. Generation for the MEM
Permit holders seeking to participate directly in the MEM must migrate the entire generating capacity associated with the Legacy Regime to a generation permit for the MEM, which constitutes a competitive generation activity.
The facility must participate in the MEM directly or through a Market Participant acting as a Generator and comply with the Market Rules and all applicable technical and commercial requirements (metering, dispatch, accreditation, financial guarantees, etc.).
The Guidelines establish various migration modalities to accommodate the specific characteristics of each project:
a. Generation Facility Migration
Applies when the holder seeks to migrate exclusively the generation facility, without simultaneously migrating associated load centers.
b. Joint Migration of a Generation Facility and Load Centers to Participate in the MEM
Allows a generation facility and certain load centers to migrate in a coordinated manner to the MEM. The facility participates through a Generator Market Participant and load centers may be grouped as Qualified Users represented by a Qualified Services Supplier.
c. Migration of End Users as Qualified Users
Members of self-supply or cogeneration schemes may exclude their load centers from Legacy Schemes to obtain Qualified User status directly (demand ≥ 1 MW).
d. Migration of End Users to Basic Supply
End users may request the exclusion of their load centers and remain under or transition to the Basic Supply regime provided by CFE.
e. Joint Migration of a Generation Facility and Local Loads to an Interconnected Self-Consumption Scheme
Coordinated migration of a generation facility and local loads to an interconnected self-consumption permit, where consumption facilities become Self-Consumption Users.
f. Joint Migration of a Generation Facility and Local Loads to an Isolated Self-Consumption Scheme
Similar modality for isolated self-consumption, without MEM participation.
The Guidelines establish a single migration framework administered through the Migration Window (Ventanilla de Migraciones). The applicable requirements differ depending on whether the migration involves: (i) a generation facility, (ii) facilities and load centers migrating jointly, or (iii) load centers migrating independently.
1. Registration of Interest
Mandatory registration through the Migration Window, identifying the legacy permit, destination figure under the LSE, and the selected migration modality.
Timeline: June 19, 2026 – September 18, 2026.
2. Submission of the Migration Application
Formal application including corporate, legal, technical and operational information, together with express consent to the termination of the legacy permit and related agreements.
Timeline: September 21, 2026 – October 16, 2026.
3. Administrative Review and Deficiency Notice
The authorities review the application and may issue a single deficiency notice. Failure to timely cure deficiencies may result in rejection.
Timeline:
4. Resolution by the CNE
Once admitted, the CNE evaluates the request and issues a resolution that may include: issuance of a generation permit, exclusion of load centers, registration of Qualified Users, and approval of self-consumption arrangements.
Timeline: December 28, 2026 – February 12, 2027.
5. Metering Compliance
Applicants must demonstrate compliance with minimum metering functionality requirements. The applicable utility must verify the metering systems before the migration can proceed.
Timeline: October 19, 2026 – February 12, 2027.
6. Registration of Assets
Projects participating in the MEM must complete the registration of physical assets through the corresponding Market Participant.
Timeline: February 15 – March 5, 2027.
7. Technical Compliance Requirements
Generation facilities must comply with operational requirements (metering, dispatchability, Minimum Operational Tests, reactive power, frequency and voltage control, and power quality) to ensure reliable and secure operation within the National Electric System.
Timeline: February 15, 2027 – August 15, 2028.
8. Execution of New Agreements and Termination of Legacy Arrangements
Once all requirements are satisfied, the parties must execute interconnection or connection agreements under the LSE and the legacy arrangements are formally terminated.
Timeline: August 16 – October 6, 2028 (for most generation-related migrations)
9. Commencement of Operations under the LSE Framework
The final stage consists of the modification of the registered physical assets status to "Enabled" and commencement of MEM operations. Upon completion, the migration process is deemed concluded.
Timeline: October 6, 2028.
It is important to note that the migration deadlines are strict and non-extendable. Participants are advised to prepare all necessary documentation well in advance and to coordinate early with all relevant parties (permit holders, load centers, qualified suppliers and market participants). The Guidelines also introduce significant procedural benefits, including a single-window process, limitations on additional information requests and, in certain cases, elimination of interconnection studies and reinforcement requirements—offering more favorable conditions than ordinary permitting procedures.
The Transmission Methodology sets forth that the charge is calculated based on the aggregate amounts determined by CENACE and charged to CFE in its capacity as supplier, resulting from the market settlement of: (i) the Public Electricity Transmission Service, (ii) the Public Electricity Distribution Service, (iii) CENACE’s system operation service, and (iv) Ancillary Services not included in the MEM.
Legacy generating facilities that do not elect to participate in the Migration Procedure before September 18, 2026, will become subject to the new Transmission Methodology as of October 19, 2026.
Legacy generating facilities that timely submit their notice of interest, on the other hand, will remain eligible for the application of the postage stamp wheeling rate (porteo estampilla) until October 6, 2028.
As an additional incentive, legacy generating facilities that comply with a Modernization Program may obtain a generation permit with a term equal to the remaining term of their current permit plus up to 15 additional years, subject to an overall maximum term of 30 years.
For any questions or comments, you can contact our expert team.
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