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THE NATIONAL ENERGY COMMISSION PUBLISHES AGREEMENT TO RESUME APPLICABLE DEADLINES FOR ADMINISTRATIVE PROCEEDINGS.

June 11th, 2025

On June 5, 2025, the National Energy Commission (Comisión Nacional de Energía “CNE”) published in the Official Gazette of the Federation (Diario Oficial de la Federación “DOF”) the “Agreement by which the terms and deadlines for the receipt and processing of matters under the jurisdiction of the National Energy Commission are resumed, in accordance with the powers that have been conferred and transferred to it, and which establishes the strategy for their resolution” (the “Agreement”), which may be consulted here.

  1. Pursuant to the publication in the DOF on March 18, 2025, of the new secondary legislation derived from the energy reform of December 20, 2024, certain powers were transferred to the CNE from the Ministry of Energy (Secretaría de Energía “SENER”) and the Energy Regulatory Commission (Comisión Reguladora de Energía “CRE”).
  1. Following the publication of the Agreement in the DOF, the suspension of deadlines for the receipt and processing of matters before the CNE has been lifted.
  1. Holders of permits for regulated activities with pending matters filed before March 18, 2025, shall have ten business days to submit a ratification letter to the CNE, either in person or through the Electronic Filing Office (Oficialía de Partes Electrónica) of the CRE. Otherwise, the CNE will consider such proceedings closed.
  1. Among the matters transferred to the CNE is the authority to grant permits and authorizations for regulated activities in the electricity and hydrocarbons sectors.
  1. Key Considerations.

As previously noted, on March 18, 2025, secondary legislation for the implementation of the energy reform was published. Among other changes, it provided for the dissolution of the CRE and the transfer of its powers to the CNE.

The suspension of terms and deadlines was intended to grant the CNE sufficient time to ensure the effective “transfer and continuity of acts, requests, proceedings, administrative procedures, procedures conducted as a trial, or acts of any nature that were in progress or subject to a deadline” before the CRE.

Additionally, the Internal Regulations of the CNE were published, outlining the redistribution of the newly transferred powers among its administrative units. Consequently, and in accordance with the Agreement, the conditions have now been deemed sufficient to lift the suspension of deadlines, thereby rendering void the provisions of the Fourth Transitory Article of the reform to the Organic Law of the Federal Public Administration (Ley Orgánica de la Administración Pública Federal) and the Eighth Transitory Article of the Law of the National Energy Commission (Ley de la Comisión Nacional de Energía).

While the CNE has been formally authorized with receiving, processing, and resolving matters within its jurisdiction, Article Two of the Agreement establishes exceptions for the following matters, which will not be attended to until the corresponding regulations for the Hydrocarbons Sector Law (Ley del Sector Hidrocarburos), Electricity Sector Law (Ley del Sector Eléctrico), and the Energy Planning and Transition Law (Ley de Planeación y Transición Energética) are issued:

  1. Applications for new electricity generation permits ;1;
  1. Applications for new permits for the retail sale of natural gas, refined petroleum products, and liquefied petroleum gas (“LPG”); new permits for the distribution of petroleum products, including LPG, by means other than pipelines; and new marketing permits for natural gas, petroleum products, LPG, and petrochemicals;
  1. Applications to modify the shareholding structure of the permit-holding entity, when such change implies a shift in corporate control or management;
  1. Applications to update changes in shareholding structure and applications for brand change updates; and
  1. Requests for the determination and adjustment of fees, prices, and tariffs related to the distribution and transportation by pipeline and storage of natural gas, petroleum products, and LPG.

It is also worth noting that, under Section I of Article Three of the Agreement, any documents and requests submitted to the CNE during the suspension period shall be considered formally filed as of the effective date of the Agreement.

Moreover, Section IV of the same Article Three provides that permit holders required to submit periodic reports shall have fifteen (15) business days from the effective date of the Agreement to become compliant and submit all reports that were due during the suspension period.

Finally, it is necessary that any person who initiated a proceeding prior to March 18, 2025, and whose matter remains pending, must submit to the CNE —without exception— within ten business days following the entry into force of the Agreement, a written statement ratifying their interest in continuing the procedure before the CNE, in order for the process to resume.

Such ratification shall be made using the letter format provided in Annex 1 of the Agreement and may be submitted either through the Electronic Filing Office of the CRE or in person at the offices of the CNE .2.

If no such ratification is submitted within the established period, it shall be understood that there is no intent to proceed with the matter. After proper certification, the CNE will consider the matter closed. This applies notwithstanding the principle of ex officio administrative procedure set forth in the Federal Law of Administrative Procedure.

  1. Transitory Provisions.

According to the Sole Transitory Article, the Agreement shall enter into force on the day following its publication in the DOF. We recommend taking this into consideration to ensure legal certainty regarding the deadlines for the regularization of obligations and the filing of ratification letters for pending matters.

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This document does not constitute legal advice. For specific guidance, please contact us.

Kavanagh Gorozpe
contacto@k-g.com.mx

1. With respect to the matters referred to in Sections I and II, proceedings will be admitted when they concern priority projects aimed at ensuring the supply of fuel in deficit regions within the national territory;

2. Located on the ground floor of the building at Blvd. Adolfo López Mateos No. 172, Mercedes Gómez neighborhood, Postal Code 03930, Benito Juárez Borough, Mexico City, with office hours from Monday to Friday, 9:00 a.m. to 3:00 p.m., and from 4:00 p.m. to 6:00 p.m., except on non-business days established under applicable legal provisions.