Resumption of the legal terms in the Energy Regulatory Commission

On March 1, 2023, the Resolution A/004/2023 of the Energy Regulatory Commission (Comisión Reguladora de Energía, "CRE") entered into force with the purpose of resuming the legal terms of the procedures carried out before said Commission that were suspended as a preventive measure in the context of the COVID-19 pandemic (the "Resolution").¹

Resumption of legal terms under the Resolution

The resumption of the legal terms under the Resolution will not be immediate but will be subject to the following rules:

Procedures initiated before March 1, 2023

The procedures that fit into this category will be processed by the CRE as follows:

1. Power and Hydrocarbons Related Procedures

1.1 If the procedure was initiated in 2019, the CRE will process it during the period from March to September, 2023;

1.2 If the procedure was initiated in 2020, the CRE will process it during the third quarter of 2023;

1.3 If the procedure was initiated in 2021, the CRE will process it during the first semester of 2024;

1.4 If the procedure was initiated in 2022, the CRE will process it during the second semester of 2024; and

1.5 If the procedure was initiated in either January or February 2023, the CRE will process it during the fourth quarter of 2024

2. Pre-Registration Procedures

2.1 If the procedure was initiated in 2019 or 2020, the CRE will process it during March and April, 2023;

2.2 If the procedure was initiated in 2021, the CRE will process it from May to July, 2023;

2.3 If the procedure was initiated in 2022, the CRE will process it from August to November, 2023; and

2.4 If the procedure is initiated during 2023, the CRE will process it in November and December, 2023.

Procedures initiated after March 1, 2023

•  The Resolution establishes that the CRE will only receive one procedure request per month from each individual or entity. 
• The requests will be processed by the CRE according to the procedure number (folio) to be allocated by the CRE's Online Office (Oficialía de Partes Electrónica). Such folios will be available to the interested parties during the five business days prior to the relevant month and will be allocated as follows:
  • 50 folios for hydrocarbon-related procedures;
  • 15 folios per month for power-related procedures; and
  • 120 folios for pre-registration procedures.

Challenging the Resolution

Those individuals or entities whose rights are affected by the Resolution could obtain legal advice for taking the appropriate legal actions against it.

_{1 Please refer to: https://www.dof.gob.mx/nota_detalle.php?codigo=5680987&fecha=28/02/2023}

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_{This article is prepared for the general information of interested persons. It is not, and does not attempt to be, comprehensive in nature. Due to the general nature of its content, it should not be regarded as legal advice.}

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