In more detail

1. Applicability

The Accord is applicable to all Permit Holders, authorized Power Plant and Load Center Connection Inspection Units, and interested parties that: (i) have filed any request, act, promotion, matter, administrative or written procedure or proceeding related to regulatory compliance before CRE and that, as of 18 March 2025, have not received any response from the authority; (ii) must regularize and submit all reports they were required to file with the CNE during the period of suspension of the legal terms, and/or (iii) that have issued compliance certificates during the period of suspension of legal terms.

The Accord entered into force on 6 June 2025, and therefore, as of that date, the deadlines that regulate the ratification and regularization obligations of Permission Holders, Power Plant Inspection Units and authorized Load Center Connection and interested parties begin to run, as described below.

2. Procedures that the CNE must now receive and address

As of 6 June 2025, the CNE must receive, process, attend and resolve matters within its competence, with the exception of the following:

1. Requests for new power generation permits, unless they are related to priority projects² and guarantee power supply in regions with deficit;
2. Applications for new permits for (a) the sale of natural gas, petroleum products and liquefied petroleum gas; (b) distribution by means other than pipelines of petroleum products (including liquefied petroleum gas), and (c) commercialization of natural gas, petroleum products, liquefied petroleum gas and petrochemicals, except in the case of priority projects to guarantee the supply of fuels in regions with deficit;
3. Requests for modification to the capital stock structure of the Permit Holders that imply a change in corporate or management control;
4. Requests for updating due to a change in the shareholding structure and requests for updating due to a change in the brand name, and
5. The request for determination and adjustment of considerations, prices and tariffs for the activities of distribution and transportation by pipeline and storage of natural gas, petroleum products and liquefied petroleum gas.

These procedures will begin to be received and processed as soon as the Regulations of the Power Sector Law, the Hydrocarbons Sector Law and the Energy Planning and Transition Law enter into force (as of today, pending to be published).

3. Key points

CNE must adhere to the following rules to receive, process, attend and resolve the procedures and requests within its authority:

• Obligations, deadlines and key terms arising from the Accord.

1. Obligation to ratify:
   All those interested in continuing and following up on their pending proceedings, filed prior to 18 March 2025, must ratify their interest before the CNE.
   The ratification period is 10 business days, counted as of 6 June 2025 (which expires on 19 June 2025). If the interest is not ratified within the period granted, the proceeding will be dismissed.
2. Obligation to regularize:
   1. A term of 15 business days is granted (which expires on 26 June 2025), for the Permit Holders to submit all the reports they were obligated to submit during the suspension of terms (from 19 March 2025 to 6 June 2025).
      In case Permit Holders do not regularize, they may be subject to the corresponding administrative procedures.
   2. A period of 30 calendar days is granted for the Power Plant Interconnection and Load Center Connection Inspection Units authorized by the CRE, with respect to the compliance certificates issued during the period of suspension of deadlines, to: (a) reissue the certificates through the Single Window (Oficialía de Partes Electrónica) (OPE) and (b) notify the reissuance in order to the applicant to submit the certificates before the corresponding authority.
      In the event that such certificates are not reissued during the 30 calendar day period granted, they shall become null and void.

• Formalities:

1. Those procedures and applications filed during the suspension period shall be deemed to have been formally filed on 6 June 2025 (with the exception of those described in section 2 above).
2. As long as the regulations issued by the CRE are not repealed, abrogated or modified, they continue to be applicable (provided that they do not oppose to the Secondary Laws).
3. The Single Window and the Common Office (Oficialía de Partes Común) will continue to be open for the filing of administrative documents and procedures as communication channels with the CNE.

Next steps

Based on the Accord, our Firm is at your service to analyze the suggested route of action according to the type of procedure pending to be resolved by the CNE (formerly CRE), as well as to structure the regulatory strategy for your business.

We consider key to identify those procedures that may have a direct impact on the regulatory maintenance of the permits, as well as compliance with the provisions and audits related to the Network Code.

Our Firm is at your disposal to answer any questions you may have.

*****

Diana Navarrete, Law Clerk, has contributed to this legal update.

1 Decree enacting the Law of the State Public Company, Federal Electricity Commission; the Law of the State Public Company, Petróleos Mexicanos; the Power Sector Law; the Hydrocarbons Sector Law; the Law of Energy Planning and Transition; the Biofuels Law; Geothermal Energy Law; and National Energy Commission Law; amending several provisions of the Law of the Mexican Petroleum Fund for Stabilization and Development; and reforming, adding and developing the Law of the Mexican Petroleum Fund for Stabilization and Development; the Geothermal Law, and the Law of the National Energy Commission; several provisions of the Law of the Mexican Petroleum Fund for Stabilization and Development are amended; and several provisions of the Organic Law of the Federal Public Administration are amended, added and repealed.

2 CNE must obtain a favorable opinion from the SENER to determine which are the priority projects.