On April 23, the “Resolution No. A/023/2024 of the Energy Regulatory Commission amending Resolution No. A/064/2017, which recognizes the right of self-supply company shareholders or members of a cogeneration permit to request the exclusion of their load points from the corresponding permit and legacy interconnection contract” (the “Resolution”), was published in the Official Gazette of the Federation.
The purpose of the Resolution is to clarify the mechanism described in Resolution No. A/023/2024, thus enabling an easier exclusion of load points from legacy interconnection contracts and from their related permits to guarantee and acknowledge the full exercise of load point rights.
Within these amendments, the Resolution details the required documents to be filed with the Energy Regulatory Commission (CRE) alongside the load point exclusion request, including, among others: i) the user permanent registration (RPU); ii) the maximum demand authorized for the load point in the permits; iii) the location of the load point; and iv) the list of the names and numbers of the permits in which the load point has been included.
Similarly, the Resolution sets forth the procedure that the CRE must follow for addressing said request, which consists of two parts. The first part involves 60 business days before the CRE for the exclusion of the load points, followed by a second stage of 65 business days that corresponds to the activities instructed by the CRE to be carried out by the intermediary generator, the permit holder, and the National Center of Energy Control (CENACE) to effect the modification of the legacy interconnection contract.
Once the load points are excluded from the permit and the corresponding contract, the procedures established in the Electric Power Plant and Load Point Interconnection Manual, the Market Participant Registration and Accreditation Manual, and the Administrative Provisions on Open Access and Provision of Services in the National Transmission Grid and General Electric Power Distribution Networks, must be followed.
We consider that the implementation of the requirements, deadlines and procedures established in the Resolution will provide greater legal certainty to individuals applying for load point exclusions, as well as greater expediency to said process.
If you require regulatory advice in this regard, our team of specialists is at your disposal to provide legal services tailored to your needs.
This newsletter was prepared by José Antonio Postigo Uribe ([email protected]), Tania Elizabeth Trejo Gálvez ([email protected]), Malcolm Hemmer Rebolledo ([email protected]), and Jesus Alonzo González Hermosillo ([email protected]).
