Guidelines for Mixed Development Schemes of the State Public Enterprise, Federal Electricity Commission.

Executive Summary:

On January 28, 2026, the Federal Electricity Commission (“CFE”) published in the Official Gazette of the Federation (“DOF”) the “Guidelines for the Mixed Development Schemes of the State Public Enterprise, Federal Electricity Commission” (the “Guidelines”), which regulate the joint participation between the State and private initiative in electricity generation projects.

Key aspects:

• Two participation options: Long-Term Production (individuals generate energy for exclusive sale to CFE) and Mixed Investment (co-investment with a minimum of 54% state participation).
• Four selection procedures: Public tender (general rule), restricted invitation, competitive process and direct award.
• New governance: Creation of the Mixed Development Group (GDM) with representatives from CFE, SENER and SHCP.
• Enhanced transparency: Mandatory inclusion of a Social Witness in the procedures.
• Focus on sustainability: Environmental and social impact requirements and respect for the human rights of communities.
• Entry into force: January 29, 2026 (the day after its publication in the Official Gazette of the Federation).
• Taxes and fees due must be paid within 15 calendar days following the date the authority provides the payment form. In the case of payment in installments, all payment forms provided must be paid no later than the due dates indicated on each one.

What are Mixed Development Schemes and what are they?

According to Chapter V of the Electricity Sector Law (“LSE”), Mixed Development Schemes are mechanisms that allow the development of electricity generation projects jointly between the State and private industry.

These types of schemes can be carried out under the following modalities:

• Long-Term Production: This is the scheme under which legislation allows private entities to develop electricity generation projects for exclusive sale to CFE or its subsidiaries. In this project model, CFE does not contribute capital but rather acts as the buyer of the generated energy.

• Mixed Investment: In this modality, the State and private industry co-invest in the development of electricity generation projects, with the particularity that the State must maintain a minimum participation of 54% of the common capital.

Key Points of the Guidelines

• Governance and decision-making. The Joint Development Group (GDM) is created, which will be the body responsible for preparing the supporting documents for the presentation and approval of projects under this scheme, as well as for making decisions on each project. This group is composed of representatives from various departments of CFE, the Ministry of Energy, and the Ministry of Finance.

• Sustainability and energy justice. Projects must demonstrate economic, environmental and social benefits, be developed with full respect for the human rights of people and communities in the areas of influence, and comply with the corresponding environmental and social impact statements.

• Robust economic-financial model. Each project requires an economic-financial model that demonstrates positive profitability, including the integration of all economic, financial and technical variables, as well as discounted cash flow analysis, indicators such as NPV and IRR, sensitivity analysis and risk distribution among the parties.

• Selection procedures. The Guidelines establish four methods for selecting participating individuals:

Stages of the procedure:

– Publication of the call for applications and competition rules.

– Site visits (when deemed necessary).

– Clarifications and modifications.

– Pre-qualification (evaluation of legal, technical, operational and financial capabilities).

– Presentation and opening of proposals.

– Evaluation of proposals.

- Failed.

– Approval of the final contract or legal instrument.

– Subscription of the contract or legal instrument.

– Term: maximum 120 calendar days, extendable once for up to 60 calendar days.

Distinctive features:

– It allows the implementation of subsequent proposal or negotiation mechanisms.
– The negotiations are confidential.
– The economic aspects of the proposals may be subject to negotiation.
– You are required to propose better conditions within a period of no more than 3 business days.
– Deadline: Maximum 50 calendar days, extendable for up to 10 calendar days.

In addition to cases of restricted invitation, it is also appropriate when:

– The individual holds the rights or ownership over the main assets of the project (real estate, permits, authorizations, patents, main equipment, concessions, among others)

Prerequisite: the contracting area must verify that the invited individual has viable due diligence.

– Deadline: maximum 45 calendar days, extendable for up to 10 calendar days.

In addition to cases of restricted invitation, it is also appropriate when:

– The individual holds the rights or ownership over the main assets of the project (real estate, permits, authorizations, patents, main equipment, concessions, among others)

– Prerequisite: the contracting area must verify that the invited individual has viable due diligence.

– Deadline: maximum 45 calendar days, extendable for up to 10 calendar days.

• Defined deadlines. Each procedure has the following specific deadlines:

• Transparency and social participation. The figure of the “Social Witness Person” is incorporated, who will be the person in charge of supervising and participating in the selection procedures, and issuing a final testimony with observations and recommendations on the process.

_{Reference Links: https://www.dof.gob.mx/nota_detalle.php?codigo=5778994&fecha=28/01/2026#gsc.tab=0}

_{Contact: For more information on how these new guidelines may impact electricity generation projects, contact Juan Carlos Machorro, Elena Ocampo, Daniela Alcántara, or Regina Vargas.}