GC ALERT | The energy regulatory commission (“CRE”) issues general administrative provisions that contemplate the new requirements for applying for permits to generate electricity.

On March 30, 2022, the CRE published in the Official Gazette of the Federation Agreement number A/006/2022 by which the General Administrative Provisions are issued that establish the terms for presenting information related to the corporate purpose, capacity legal, technical and financial, as well as the description of the project, and the format of the application for electric energy generation permits (the “Provisions”).

The Provisions considerably increase the information and documentation that must be presented by applicants, including, in addition to the original requirements, among others: (i) the need to identify each partner or shareholder of the applicant company up to the level of an individual, (ii) provide a detailed description of the rights conferred on each type of share or corporate part;(iii) confirmation regarding permits granted by the CRE or the Secretary of Energy in favor of the partners or shareholders of the applicant; and (iv) the obligation to present as part of the permit application evidence of the National Energy Control Center (“CENACE”) obtaining the results of the impact study on the system, making it essential to initiate the procedures related to the interconnection. prior to submitting the permit application.

Furthermore, in relation to projects that allocate all of their generation to isolated supply, the Provisions clarify that the permission granted will be specific and will only be for the purposes of generating energy when an interconnection contract is not required. Given the above, in the event that these power plants decide to interconnect to the National Electric System, they must request the modification of the generation permit.

Finally, the Provisions establish that the declaration of entry into commercial operation before the CRE must be accompanied by the official notification issued by CENACE in accordance with section 12.4.9 of the Manual for the Interconnection of Power Plants and Connection of Load Centers. Through the publication of the Provisions, Resolution number RES/182/2015 published in the Official Gazette of the Federation on April 8, 2015 is repealed. However, said resolution will continue to be applicable for applications submitted prior to March 30, 2022. .

At González Calvillo we are prepared to provide the advice you require in relation to any issue related to the new provisions. At González Calvillo we are prepared to provide the advice you require in relation to any issue related to the new provisions.

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