The Federal Commission for Regulatory Improvement (COFEMER) recently published two sets of draft general administrative provisions submitted by the Energy Regulatory Commission (CRE).

Registry of Qualified Users

Under the Electricity Industry Law, all load points whose electricity consumption exceeds the established threshold (currently 2 megawatts (MW), to be reduced to 1MW as of August 2016) are either entitled (for load points that received electricity before August 2014) or required (for new load points) to register with the CRE Registry of Qualified Users.

In this regard, the draft general administrative provisions on qualified users set out the applicable terms for the registration, request, delivery and exchange of information relating to the activities of qualified users. Among the documentation and information that applicants must file for evaluation, the draft provisions require technical information on the relevant load point (eg, invoices, voltage, contracted load and demand profiles). In addition, the draft provisions stipulate that the CRE may register load points on its own initiative.

Once registered, the relevant qualified user must either retain a qualified service supplier or conclude a market participation agreement with the National Centre of Energy Control in order to transact within the wholesale electricity market.

Registry of Non-supplier Marketers

The draft general administrative provisions on non-supplier marketers set out the applicable terms for the registration, request, delivery and exchange of information relating to non-supplier marketers (ie, persons entitled to transact within the wholesale electricity market without representing physical assets).

In order to register with the Registry of Non-supplier Marketers, interested parties must inform the CRE of the activities that they intend to undertake on the wholesale electricity market (eg, sale and purchase (including import and export) of electricity, financial transmission rights, clean energy certificates, ancillary services and hedging agreements), and provide a business plan as well as other relevant information on their intended projects. To prove their financial stability, applicants must file their financial statements and documentation evidencing the availability of the proposed financing.

Finally, the draft provisions require permit applicants to prove their technical capabilities by disclosing information on human and material resources.

Publication of these general administrative provisions on the COFEMER website serves as notice to all interested parties for comment on the draft.

For further information on this topic please contact Rogelio López-Velarde, Amanda Valdez, Daniela Monroy or Diego Campa at López Velarde, Heftye y Soria by telephone (+52 55 3685 3334) or email (rlopezv@lvhs.com.mx, avaldez@lvhs.com.mx, dmonroy@lvhs.com.mx or dcampa@lvhs.com.mx). The López Velarde, Heftye y Soria website can be accessed at www.lvhs.com.mx.

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