On February 28, 2025, the Energy Regulatory Commission (“CRE”, per its acronym in Spanish) published “Resolution No. A/023/2025 that establishes the suspension of the reception of filings, applications, or submissions under the jurisdiction of the Energy Regulatory Commission” (the “Resolution”) in the Federal Official Gazette.
As of the entry into force of the Resolution on February 28, 2025, the receipt of filings, applications, and submissions under CRE’s jurisdiction has been suspended, which will continue in place until the entry into force of the implementing legislation of the constitutional reform in matters of administrative simplification that was published on December 20, 2024, i.e., the new Law of the National Energy Commission which bill is being discussed in Congress.
The suspension is applicable except as it relates to the following matters:
(i) responses to requests for additional information issued by CRE’s Administrative Units;
(ii) submission of evidence and arguments within verification proceedings handled by the CRE;
(iii) submission of electricity generation projects necessary to ensure power supply in deficit regions, as well as hydrocarbon sector projects deemed essential for the supply of fuels within national territory, designated as priorities by the Ministry of Energy in accordance with the applicable energy policy;
(iv) receipt of information from Inspection and Verification Units regarding regulated activities; and
(v) compliance with obligations applicable to regulated entities under the Hydrocarbons Law, the Electricity Industry Law, as well as their Regulations, General Administrative Provisions, and any other applicable legal provisions.
It must be noted that according to the “Bill for the issuance of the Electricity Sector Law, the National Energy Commission Law, the Public State-Owned Enterprise Law – Federal Electricity Commission, the Planning and Energy Transition Law, the Biofuels Law, and the Geothermal Energy Law, and the amendment of the Organic Law of the Federal Public Administration” that is under discussion in Congress, a suspension period of 90 calendar days for the applicable deadlines related to permit applications and other administrative proceedings pending before CRE will be established. In this vein, once the new Law of the National Energy Commission becomes effective, notwithstanding that the suspension ordered through the Resolution will cease its effects, an additional 90 calendar day suspension will commence which according to such law, aims to provide legal certainty for the transition and transfer of functions between the CRE and the National Energy Commission.
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