Mexico City, April 12, 2022.
On April 7, 2022, the Supreme Court of Justice of the Nation (SCJN) resolved the unconstitutionality action filed by a group of senators against the Electricity Industry Law, which was amended, added and repealed on March 9, 2021.
The qualified majority of 8 out of 11 votes to declare the Electric Industry Law unconstitutional was not reached. In this sense, the reforms to the Electric Industry Law aimed at strengthening the Federal Electricity Commission will remain in effect, which include:
- A new order of priority for electric power dispatch.
- The permits referred to in the Electricity Industry Law will be subject to the criteria issued by the Ministry of Energy regarding the planning of the National Electric System.
- The Energy Regulatory Commission (CRE) must revoke self-supply permits, including their modifications, whenever such permits have been obtained through fraudulent acts.
- The obligation of the CFE Basic Supplier (CFE Suministrador de Servicios Básicos) to purchase electricity through electricity auctions previously called by the National Energy Control Center (CENACE) is eliminated.
Although the Electricity Industry Law will remain in effect, it is important to note that the amparo proceedings filed before the District Courts will continue their legal course, and the suspension of the challenged acts granted in such proceedings will continue to have full legal effects, unless they are revoked or modified by a Collegiate Circuit Court.
The lawyers of the Administrative Law, Energy and Infrastructure areas of our Firm are at your disposal for any questions or comments you may have regarding this matter.
Juan Carlos Serra
Pablo Nosti Herrera
Pablo Chevez Gallegos
Fernando Osante Kretchmar
Rodrigo Alfonso Ruiseñor Núñez