On October 3, 2025, the new regulations governing Mexico’s energy sector, covering hydrocarbons, electricity, biofuels and energy transition matters were published in the Diario Oficial de la Federación (Official Gazette of the Federation, “DOF”), among them, the new Reglamento de la Ley del Sector Eléctrico (Regulations to the Energy Sector Law; the “Regulations”).

The publication is available here: Regulations to the Energy Sector Law.

• The Regulation will have retroactive procedural effects on proceedings related to the granting and modification of permits that were initiated under the repealed legislation.

• The Secretaría de Energía (Ministry of Energy; “SENER”) will have until January 31, 2026 to issue guidelines for the migration procedure to the applicable categories under the Electric Sector Law, with respect to self-supply, cogeneration, small production, independent production, import, export, and continuous own-use permits granted under the Ley del Servicio Público de Energía Eléctrica (Law of Public Electric Power Service), as well as the contracts and agreements associated therewith.

• Likewise, although the term and conditions of existing agreements with the Comisión Federal de Electricidad (Federal Electricity Commission; “CFE”), now acting in its capacity as a “State Public Enterprise”, will be respected, such agreements will not be extended or renewed.

• Permit holders currently subject to an administrative revocation proceeding, or who are in circumstances that constitute grounds for revocation, may pay a fine to avoid revocation, provided that they request migration to one of the categories under the law, and subject to the criteria issued by SENER or the Comisión Nacional de Energía (National Electricity Commission; “CNE”).

• Furthermore, with the publication of the Regulations, the suspension of procedural deadlines decreed on March 18, 2025, with respect to matters filed before SENER and CNE, is rendered without effect.

• The publication of the Regulations also lifts the suspension of procedural deadlines decreed on March 18, 2025, for matters under review by SENER and CNE.

• The following regulations are repealed:

Repealed	Replaced By
Regulations of the Electricity Industry Law. (DOF 31/10/2014)	Regulations of the Electricity Sector Law.Regulations of the Electricity Sector Law.

1. Content of the Regulations

1.1. General Matters.

• In accordance with the redistribution of authorities resulting from the dissolution of the Comisión Reguladora de Energía (Energy Regulatory Commission; “CRE”), the CNE will now be responsible for granting the permits provided under the Electric Sector Law, with the exception of import and export authorizations, taking into consideration the binding planning of the national electric system.

• SENER will be required to calculate annually the federal share of national power generation. If private parties exceed the 46% participation cap, CFE projects must be instructed to ensure the minimum 54% federal share.

• The categories of regulated activities requiring a permit are modified in accordance with the now-repealed Electricity Industry Law.

• SENER will be authorized to designate strategic and priority projects eligible for expedited processing.

• The CNE will issue general administrative provisions governing the development, installation, operation, and maintenance of the national electric system’s infrastructure, including rules applicable to electric load centers intended for electromobility.

1.2. Processing of Authorizations and Permits

• The Regulations expressly establishes general requirements applicable to all permit applications for regulated activities, which now include not appearing on the taxpayer list referenced in Article 69-B of the Código Fiscal de la Federación (Federal Tax Code).

• A generation permit will not be required for electric systems with clearly defined electrical boundaries that operate as a single entity and have a generation capacity below 0.7 MW.

• The categories of regulated activities in the electricity sector are redefined as follows:
  • Electricity generation permits, for: (a) self-supply, and (b) generation for the wholesale electricity market.
  • Marketing (supply) permits, in the following modalities: (a) basic service supplier, (b) supplier of last resort, and (c) qualified service supplier.
  • Electricity storage permits.

1.3. Binding Planning and Social Considerations.

• The Regulation incorporates the concept of binding planning for the energy sector, to be issued by SENER through general administrative provisions, oriented toward the development of strategic areas and projects that ensure, among other objectives: (i) the predominance of CFE, (ii) the promotion of decarbonization, and (iii) adherence to the principle of Energy Justice.

• SENER and the CNE must consider binding planning when granting contracts, permits, and authorizations.

• The Regulation also includes the steps for the prior consultation mechanism that SENER must conduct with Indigenous peoples and communities when energy-sector projects—specifically in the hydrocarbons sector—are expected to directly affect their rights or interests.

2. Transitional Regime.

• Regulatory provisions issued prior to the entry into force of the Regulation will remain valid until replaced, including in particular the general administrative provisions and agreements issued by the CRE.

• The Reglamento de la Ley del Servicio Público de Energía Eléctrica en materia de Aportaciones (Regulation on the Public Electric Power Service Law regarding Contributions) will remain in effect until the CNE issues new general administrative provisions on contributions, with no deadline specified for such issuance.

• Likewise, although the terms and conditions of current agreements with CFE will be respected, they will not be extended or renewed.

• SENER will have until January 31, 2026 to issue guidelines for the expedited migration procedure to the categories under the Ley del Sector Eléctrico (Electric Sector Law) applicable to self-supply, cogeneration, small production, independent production, import, export, and continuous own-use permits granted under the Ley del Servicio Público de Energía Eléctrica (Public Electric Power Service Law), as well as the related contracts and agreements.

• SENER will also have until January 31, 2026 to publish the clean energy requirements applicable for calendar years 2026 through 2028.

• Furthermore, although the authorities will continue processing generation and supply permit applications submitted before the entry into force of the Electric Sector Law, pursuant to the Twenty-Fourth and Twenty-Fifth Transitory Articles of the Regulation, such applications must be resolved in accordance with the new legal framework and the new categories established therein.

Although it has been stated that “the foregoing does not constitute retroactive effect to the detriment of applicants, since unresolved applications did not confer any acquired rights,” this does not preclude affected parties from asserting the legal remedies and arguments available to challenge procedural retroactivity to their detriment.

If you have any questions regarding the scope or implementation of this note, please contact us.

Bernardo Mendoza
Partner
bmendoza@k-g.com

Dorothy Lerch
Counselor
dlerch@k-g.com.mx

Gerardo H. Estrada
Attorney
gestrada@k-g.com.mx