CRE resumes legal deadlines and terms after suspension of deadlines due to COVID-19

Executive Summary:

• After almost three years of suspension of the Energy Regulatory Commission's deadline and timeframe activities due to the pandemic caused by Covid-19, these activities are being resumed.
• It is proposed that deadlines be resumed in an orderly and staggered manner starting on March 1, 2023. 
• The resumption will be carried out in different stages and in a progressive manner in order to guarantee the continuity of the administrative processes and procedures, as well as compliance with the obligations and responsibilities of the CRE and the users of the energy sector.

Agreement A/001/2021, published on January 18, 2021, established the suspension of legal deadlines and terms of the Energy Regulatory Commission (“CRE”) as a measure to prevent and combat the spread of the COVID-19 coronavirus. This measure was adopted to avoid the concentration of people and reduce the risk of contagion of the virus among CRE employees and the general population. However, this measure affected all procedures, formalities and actions before the CRE.

Accordingly, on February 28, 2023, the CRE published Agreement A/004/2023 (“the Agreement”) in the Official Gazette of the Federation (“DOF”). The Agreement establishes the resumption of the legal terms and deadlines, which were suspended as a measure to prevent and combat the spread of COVID-19. An orderly and staggered resumption of deadlines is proposed starting March 1, 2023. 

The resumption of legal deadlines and time limits will be carried out in different stages and in a progressive manner, in order to guarantee the continuity of administrative processes and procedures, as well as compliance with the obligations and responsibilities of the CRE and the users of the energy sector.

The Agreement establishes that in the case of pending applications that were submitted before the entry into force of this agreement, they will be followed up according to the order of priority that will be published by category on the official website of the Energy Regulatory Commission (CRE): www.cre.gob.mx.

On the other hand, applications submitted after the entry into force of this agreement will be handled based on the processing folio number assigned to them through the link https://ope.cre.gob.mx/It is important to note that the Agreement limits the number of applications to one per month per individual or legal entity. This limitation, in addition to violating the rights of permit holders and with which the CRE goes beyond the provisions provided by the Law on the matter, generates legal uncertainty for all regulated subjects, in particular for those legal entities that have more than one permit.

Regarding the folios assigned for handling procedures, these will be available to interested parties five business days before the corresponding month, except for March 2023, when they will be available during their first five business days.

The assignment of folios will be carried out as follows:

• 50 pages per month regarding hydrocarbons.
• 15 pages per month on the subject of electricity.
• 120 monthly pages for pre-registrations.

The assignment of such folios represents significant risks for the fulfillment of some obligations derived from their permits as they are limited to a single application per legal entity. 

It is worth mentioning that, in the Agreement, the CRE provides that in order to comply with what it establishes, it is necessary to carry out actions with the available human, material and financial resources that allow to attend simultaneously, orderly and in a staggered manner both the usual operation of said agency, as well as the pending matters generated by the suspension of deadlines, in accordance with the priority, considering the public interest, the principle of first in time first in law, the general principles of law, non-unduly discriminatory treatment and attention in accordance with what is humanly possible. However, at no time does it consider the negative consequences that the provisions provided for by the system of granting folios will represent for permit holders who have more than one permit.

Links to the publication:

• https://sidof.segob.gob.mx/notas/5680987