On December 12th, the National Commission for Regulatory Improvement (“CONAMER”) published the preliminary draft of the “Resolution by which the Energy Regulatory Commission modifies the second agreement of agreement number A/065/2023 by which the general administrative provisions regarding contributions, the methodology for calculation of contributions, the criteria and bases to determine and update the cost of contributions and the corresponding agreement models, published in the Official Gazette of the Federation on January 26, 2024” (the “Resolution”).
It is important to keep in mind that Resolution A/065/2023 sets forth the conditions for interconnection of power plants or connection of load points, indicating the costs to be assumed by the applicants for the construction of specific works, reinforcement works, expansions or modifications not included in the government's plans or not recovered through regulated tariffs.
Its entry into force is currently scheduled within 365 calendar days following its publication, i.e. January 26th, 2025.
Thus, the purpose of the Resolution published by CONAMER is to postpone such entry into force for one year, specifically for January 26th, 2026, seeking to align the provisions with the secondary laws on strategic areas and companies.
Finally, it is worth mentioning that the Energy Regulatory Commission requested a Regulatory Impact Analysis Exemption, considering that the Resolution does not generate compliance costs for individuals and that it only seeks regulatory harmonization. If authorized, the publication process could be expedited.
If you require regulatory advice in this regard, our team of specialists are at your disposal to provide legal services tailored to your needs.
This newsletter was prepared by José Antonio Postigo-Uribe ([email protected]), Max Ernesto Hernández-Ernult, ([email protected]), Tania Elizabeth Trejo-Gálvez ([email protected]) and Malcolm Hemmer-Rebolledo ([email protected]).
