The Agreement formally repeals the following provisions issued by the former Energy Regulatory Commission (CRE).
- Resolution RES/809/2015 outlines the mechanism for requesting modifications to permits issued under the Electric Energy Public Service Law for legacy generation permits. It also defines the criteria by which permit holders can enter interconnection contracts during the operation of the wholesale electricity market. This resolution was published in the DOF on 18 December 2015.
- Agreement A/006/2022, issued by the National Energy Commission, sets forth the General Administrative Provisions establishing the terms for submitting information related to the Company's corporate purpose, legal, technical and financial capacity, project description, and the application form for electric power generation permits, as published in the DOF on 30 March 2022.
- As well as all other dispositions that oppose the Agreement.
Likewise, the Agreement repeals:
- Resolution RES/390/2017, issued by the National Energy Commission, sets forth the general administrative provisions establishing the terms for requesting authorization to modify or transfer electric power generation or supply permits, published in the DOF on 17 April 2017, apply to and remain in force for the modification or transfer of electric power generation permits.
- Agreement A/062/2023, issued by the Energy Regulatory Commission, modifying Resolution RES/390/2017 by which the general administrative provisions establishing the terms for requesting authorization to modify or transfer electric power generation or supply permits, published in the DOF on 17 January 2024, apply to and remain in force for the modification or transfer of electric power generation permits.
Lastly, the Agreement states that:
- Those projects that were in the planning phase under the previous regulatory framework should review whether their schemes and capacities comply with the new regulation, especially regarding permit validity and modification.
Key points
1. Applicability
The Agreement is applicable to individuals and legal entities interested seeking to obtain or modify generation or storage permits for interconnected self-consumption, generation for the Wholesale Electricity Market and storage.
It also regulates the procedures, requirements, and the technical, financial, and legal criteria for granting, modification, extension, or termination of said permits, as well as operational conditions, supervision, and compliance obligations that permit-holders must meet before the CNE.
2. Key points of the Agreement
- Simplified permits: contemplate a simplified procedure for generation permits for interconnected self-consumption, with a capacity between 0.7 MW and 20 MW.
- Permitted Modifications: Regulates modifications due to change of corporate name, shareholding structure, spin-off, merger, assignment, migration, and updating of work programs.
- Evaluation of Requests: Establishes that the procedure should be resolved within a maximum of 60 business days, resulting in either their authorization, modification, or reasoned and substantiated refusal.
- Restrictions: Interested parties may not begin work nor infrastructure without final official social impact authorization issued by the Energy Secretary.
3. Validity of the Agreement
The Agreement entered into effect on 24 October 2025.
4. What happens to permits granted under the previous regulation?
Permits, authorizations, and other acts issued by the CRE and the National Hydrocarbons Commission will remain in effect until the end of their expiration date, in accordance with the regulation under which they were granted. The Agreement affirms their validity provided they meet the conditions set forth in the original authorization.
Notwithstanding, any request for modification, cession, migration, or update of these permits will be dealt with according to the Agreement.
5. "Hot topics": Next steps
Due to the different changes and possible impacts for your business derived from the Agreement, our Firm is at your disposal to resolve the following strategic points:
- Evaluation of Existing Permits: Revision of permits granted under the previous regulation, to identify possible risks, according to the Agreement.
- Regulatory Viability Analysis: For projects in the planning or investment stage, it is suggested to carry out a regulatory diagnostic which contemplates the new requirements, with special attention to the evaluation criteria established by the CNE.
- Contractual Revision: Verify the contracts related to generation or storage projects.
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Sofia Franco-Soto and Ana Sofia Castillo-Paredes, Law Clerks, have contributed to this legal update.
