On April 8, 2015, the Resolution by which the Energy Regulatory Commission (“CRE”) issued the general administrative provisions establishing the terms to submit information concerning the corporate purpose, the legal, technical and financial capacity, as well as project description, and the format of the application for electricity generation permits (the “Provisions”) was published in the Official Federal Gazette.
The Provisions are intended to establish the terms for submission of information concerning the corporate purpose, the legal, technical and financial capacity, the project description and application formats for electricity generation permits before CRE, in accordance with the Law of the Electric Industry (Ley de la Industria Eléctrica or “LIE”) and its Regulations. The Provisions are general and mandatory for all interested parties who intend to engage in the generation of electricity from any technology, and who require a permit in terms of the LIE.
The referred document describes in detail the requirements that all interested parties must comply with, specifying, in each case, the type of document that must be filed before CRE, in order to provide proof of each of the items listed in the Regulations of the LIE, including (i) evidence of legal capacity of the applicant and its legal representatives; (ii) general description of the project; (iii) evidence of technical and financial capacity; (iv) documents evidencing the submission of the social impact assessment; (v) works program and business plan, and (vi) proof of payment of fees.
In this sense, certainty is provided to those parties interested in developing power generation projects -whether it is the private sector, or Productive State-Companies-, by eliminating uncertainty on how the referred information must be submitted, as well as the content and the scope thereof. Additionally, the Provisions indicate that all applications received will be published on CRE’s website, in order for applicants to be informed of the current status of their process and so that the information regarding the projects for which the corresponding permits have been requested to the relevant authorities becomes public information, in accordance with the principles of disclosure and transparency reflected in the new legal framework for the Mexican energy sector.