Key points

1.    Applicability

The Accord is applicable to all individuals, legal entities, or public entities interested in obtaining an electrical generation permit in the modality of interconnected self-supply, whose capacity is equal to, or greater than, 0.7 MW and less than 20 MW, who intend to connect themselves to the National Transmission Grid or the General Distribution Grid.

2.    Formalities for obtaining a self-supply permit

To receive, transmit, attend to, and resolve permit applications for interconnected self-consumptive generation, the CNE must consider the following rules:

1. Applications must pass through the CNE’s electronic receipt portal or the CNE’s office.
2. The applicant must present a format approved by the CNE containing the applicant’s corporate and financial information, the technical characteristics of the project, Energy Sector Social Impact authorization and results from studies conducted by the National Center for Energy Control.

3.    Enforcement and additional considerations

The Accord will become effective once the Regulations of the Electrical Sector and Planning and Energy Transition Laws are published and enter into force.

• Suspension of terms and deadlines: It should be noted that the CNE² maintains the suspension of the reception, attention, and resolution of new electric energy generation permits, including those regarding interconnected self-supply, unless they relate to priority projects in order to guarantee energy supply in deficient regions in the national territory.³

Next steps

Our Firm will gladly share how this new development might impact your operations, as well as analyze potential strategies personalized to your business.

* * * * *

Diana Navarrete and Sofía Franco, Law Clerks in the Mexico City office, have 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 Accord whereby the terms and deadlines for the receipt and processing of matters under the jurisdiction of the National Energy Commission are resumed, in accordance with the powers conferred and transferred to it, and establishes the strategy for its attention.
3  CNE must obtain a favorable opinion from SENER to determine which projects are priorities.