New resolution of the Energy Regulatory Commission regarding the scenarios that constitute a permit update
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On June 15, 2022, the Energy Regulatory Commission ("CRE") published in the Federal Official Gazette the Resolution No. A/015/2022 by means of which the Energy Regulatory Commission establish the scenarios that constitute a permit update (the "Resolution")1. The Resolution substitutes the regulation framework previously issued by CRE regarding the scenarios that constitute a permit update, which was established through the resolution A/019/2021.
Under the Resolution, the scenarios that constitute a permit update remain substantially in the same terms as those set forth by the CRE in the regulation issued prior to the Resolution.
Nevertheless, the Resolution provides that the applications filed in connection with certain scenarios that constitute a permit update will be resolved directly by the heads of the Administrative Units of the CRE (Electricity or Hydrocarbons Unit, as the case may be). It should be recalled that, prior to the Resolution, all applications had to be resolved by the CRE´s Board of Commissioners.
Scenarios that shall continue to be resolved by the CRE's Board of Commissioners
1. In all permitted activities, except for the transportation of natural gas through pipelines in the modalities of own uses and self-supply:
a. Modifications in the corporate structure or capital stock of the permit-holder, as long as it does not derive from a transfer of shares or equity interest that, directly or indirectly, imply the assumption by the acquirer the control of the permit holder, that is to say, a change of control
2. In matters of hydrocarbons, petroleum products and petrochemicals, as well as bioenergetics, with the exception of the transportation of natural gas through pipelines in the modalities of own uses and self-supply:
a. The registration or cancellation of petroleum or petrochemical products to be stored, transported, distributed or sold, as the case may be, except for LP gas, which will be granted in a separate permit, and propane when it is used as a substitute for LP gas
b. The registration or cancellation of the products to be commercialized that belong to the same product family (hydrocarbons, petroleum products or petrochemicals), with the exception of LP gas that will be granted in an independent commercialization permit, as well as propane while it is used as a substitute for LP gas and
c. The registration, cancellation or modification of the commercial brands of hydrocarbons and petroleum products as a product, as well as those used in the transportation and distribution by means other than pipelines and sale to the public of LP gas
Scenarios that shall be resolved directly by the Head of the Administrative Unit (Electricity or Hydrocarbons Unit, as the case may be):
1. In all permitted activities, except for the transportation of natural gas through pipelines in the modalities of own uses and self-supply:
a. Modification of the name, business name or corporate name of the permit holder, partners or shareholders
b. Corrections to permits due to omissions or minor errors in the capture of permit applications or modification requests by applicants, provided that the ownership, the nature of the activity that is the subject of the permit, the original design of the system in terms of capacity or extent of the same, the location of the system, or any other substantive element related to the permitted activity are not modified and
c. Corrections due to capture, typographical or editing errors in the permit holder's titles and their annexes, as applicable, by CRE staff; among others
2. In matters of hydrocarbons, petroleum products and petrochemicals, as well as bioenergetics, with the exception of the transportation of natural gas through pipelines in the modalities of own uses and self-supply:
a. The replacement of facilities and equipment with similar ones that are individually identified in the permit, provided that the capacity, length, trajectory or operation of the system are not modified
b. The registration, cancellation or modification of the routes and destinations of the transportation and distribution systems by means other than pipelines
c. The change of operator of the permitted system, when applicable due to the nature of the permit, which must be made known to the National Agency of Industrial Safety and Environmental Protection of the Hydrocarbon Sector for the corresponding effects
d. The integration of the current rates for the annual adjustment for inflation and exchange rate variations and
e. The registration, cancellation or modification of the vehicle fleet registry, in the event of transportation and distribution permits by means other than petroleum pipelines, LP gas and natural gas
3. Regarding power generation and electricity supply:
a. The decrease in the authorized capacity of power generation plants, as well as in authorized demand for importing electric power, as long as there is no change in technology for the first case
b. The change in direct current capacity in applicable power generation equipment, as long as there is no change in alternating current capacity and
c. The change of location of a power plant that, due to its characteristics, could be moved without disassembling the main equipment to a new interconnection point, in the cases established in the Resolution
The foregoing, considering that (a) only the topics that are included in the permit holder's titles are subject to updating; and (b) the amendments to the permits that, in terms of the Resolution, do not constitute an update scenario, must be carried out in terms of the law and prior payment of the corresponding duties and contributions.
1 Available at: https://www.dof.gob.mx/nota_detalle.php?codigo=5655267&fecha=15/06/2022#gsc.tab=0
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