Mexico: The National Energy Commission resumes deadlines and terms for the processing of matters under its jurisdiction

On June 5, the CNE published in the evening edition of the Official Gazette of the Federation (DOF) the Resolution by which the terms and deadlines for the reception and processing of matters under the jurisdiction of the National Energy Commission are resumed, in accordance with the faculties conferred and transferred to it and establishes the strategy for its revision. Said resolution became effective the day after its publication in the DOF.

The resolution lifted the 90-day suspension with respect to terms and deadlines set forth in the fourth and eighth transitory articles of the Organic Law of the Federal Public Administration and the Law of the CNE, respectively, published in the DOF on March 18 of this year. The above, considering that the transfer of information, files and corresponding systems to the CNE has already been completed.

It should be noted that, with the resolution, the CNE will now receive, process and resolve the matters within its competence, except for the following cases:

The requests listed above will begin to be received and processed by the CNE once the regulations of the Electricity Sector Law, the Hydrocarbons Sector Law and the Energy Planning and Transition Law enter into force. For cases of exception, the determination of “priority projects” must be obtained by the CNE, through the favorable opinion of the Ministry of Energy.

On the other hand, the resolution establishes the strategies to be followed by the CNE to address the following:

• Requests and documents received by the CNE during the deadline suspension period will be considered formally submitted upon the entry into force of the resolution, with the exception of the procedures listed above.
• All regulations (provisions, guidelines, criteria, etc...) issued by the CRE for the processing and resolution of applications will continue to apply until such time as they are repealed or modified, and in all matters that do not conflict with applicable laws.
• The Electronic Filing Office (OPE) available in the web page https://ope.cne.gob.mx  will continue to be used, applying the rules established by the former CRE until new ones are published.
• A term of 15 business days from the entry into force of the resolution is granted for the holders of the permits granted by the CRE to regularize and submit all the reports that were due before the entry into force of the resolution.

Failure to do so will subject them to the corresponding administrative procedures.

• A term of 30 calendar days from the entry into force of the resolution is granted so that the inspection units of interconnection of power plants and connection of load points authorized by the CRE that have issued compliance certificates during the deadline suspension period: i) obtain such certificates through the OPE of the CNE; and ii) notify the applicant of their reissuance so that the National Energy Control Center (CENACE), distributor or transporter, as appropriate, is provided with such certificates.

The certificates that are not obtained again within the previously granted term will be without effect and the CNE will notify CENACE, distributor or transporter as appropriate for the corresponding effects.

Finally, it is important to point out that the resolution establishes that, for the matters filed before the former CRE before March 18, 2025 (date of publication of the Law of the CNE), and that are pending resolution, the interested parties must ratify their interest to continue with such matter before the CNE. If they fail to do so, the CNE will consider the process to be concluded upon certification. This ratification process must be carried out within 10 business days from the resolution’s entry into force (from June 6 to June 19, 2025), either through the OPE or physically at the CNE's Filing Office located on the first floor of the building located on Blvd. Adolfo López Mateos, No. 172, Colonia Merced Gómez, C.P. 03930, Mexico City.