CNE resumes its functions: key issues for the energy sector

Executive Summary

On June 5, 2025, the National Energy Commission (“CNE”) published in the Official Gazette of the Federation (“DOF") he Agreement by which the deadlines and terms for the reception and processing of matters within the jurisdiction of the National Energy Commission are resumed, in accordance with the powers conferred and transferred to it, and establishes the strategy for their attention., (he "Agreement

Background:

Following the publication of the constitutional reform on organic simplification (DOF, December 20, 2024), the legal existence of the coordinated regulatory bodies in energy matters was eliminated: the Energy Regulatory Commission (“CRE”) and the National Hydrocarbons Commission (“CNH”). The functions and powers of both bodies were transferred to the Ministry of Energy (“SENER”) and the recently created CNE, a decentralized administrative body sectorized within SENER.

Subsequently, on March 18, 2025, the secondary energy laws were published, including the Law on the State-Owned Enterprise, the Federal Electricity Commission; the Law on the State-Owned Enterprise, Petróleos Mexicanos; the Electricity Sector Law; the Hydrocarbons Sector Law; the Energy Planning and Transition Law; the Biofuels Law; the Geothermal Energy Law; and the Law on the National Energy Commission. Thereafter, a 90-calendar-day period was established to suspend terms and guarantee an orderly transition, which concluded with the issuance of this Agreement.

Content of the Agreement:

As of June 6, 2025, the CNE will formally resume receiving, analyzing, and resolving procedures within its jurisdiction. This reactivation follows the completion of the transfer of functions, files, and systems from the defunct CRE, in compliance with the constitutional reform published in December 2024 and the secondary laws enacted in March 2025. The Agreement issued by the CNE establishes not only the lifting of the suspension of deadlines, but also operational guidelines to ensure the administrative and regulatory continuity of the energy sector.

This Agreement formalizes the CNE's entry into operation as the competent authority to process and resolve matters previously assigned to the CRE. This marks the end of the transitional period provided for in the constitutional and secondary reforms, and thus provides certainty to regulated entities regarding the new authority responsible for energy-related procedures.

However, this Agreement establishes some exceptions regarding procedures that cannot be submitted until the new sectoral regulations come into force, for example:

• New electricity generation permits (except for priority projects).
• New permits for the sale, distribution, or marketing of fuels.
• Changes in corporate control or shareholding structure of permit holders.
• Determination of consideration, prices and rates.

The processing of these cases will depend on the issuance of the new regulations and SENER's determination of which projects will be considered "priority." While this exception seeks to address urgent supply needs, it creates uncertainty until objective and transparent criteria are published.

As part of its operational strategy, the CNE has established various measures to ensure administrative continuity during the institutional transition. First, all documentation submitted during the suspension period is recognized as validly filed, effective June 6. Furthermore, the use of the Electronic Official Records Office (https://ope.cne.gob.mx) is enabled, and the temporary application of the guidelines and technical criteria of the defunct CRE is confirmed until they are replaced by the new regulations. Specific deadlines are also established for regulated entities to regularize their obligations:

• 15 business days for the submission of pending reports; if they are not regularized, they will be subject to the initiation of the corresponding administrative procedures.
• 30 calendar days for the reissuance of certificates by Inspection Units; certificates not reissued within this period will be void.
• 10 business days to ratify procedures initiated before the CRE, using the format provided in Annex 1 of the Agreement. In cases where ratification is not made, it will be understood that there is no intention to continue with the matter.

Furthermore, the Agreement not only represents an administrative formality, but a practical redefinition of regulatory operations in Mexico. The CNE presents itself as the new central authority in energy matters, with key powers and responsibilities to guarantee the stability and continuity of energy policy. Permit holders in the sector must remain attentive to the regulatory and operational developments of this new phase, adapting their strategies and compliance as new regulations and applicable guidelines are issued.

The publication of this Agreement represents a turning point in the institutional transition of the Mexican energy sector. With the resumption of deadlines and timeframes by the CNE, the new regulatory model that replaces the coordinated energy regulatory bodies is officially launched, providing legal and operational certainty to both individuals and authorities.

Although the CNE is already authorized to handle most of these procedures, the full implementation of its powers will be gradual. Therefore, it is recommended that sector stakeholders carefully review the status of their procedures, identify potential outstanding obligations, and prepare to respond quickly to new CNE requirements. It will also be important to maintain constant monitoring of regulatory developments, especially with regard to the issuance of pending regulations, which will more clearly define the scope and conditions for operating under the new system.

Reference Links: https://sidofqa.segob.gob.mx/notas/5759417