Mexican Energy Regulatory Commission imposes sanction of more than US$450 million; Mexico’s Supreme Court issues precedent disfavorable to permit holders

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On May 25, 2022, Mexico’s Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) imposed a punishing penalty of more than MX$9.145 billion (~US$450 million) on a major player in the Mexican energy sector. The company holds an electric power generation permit under the self-supply scheme (autoabastecimiento). The CRE declared that the company was restricted to supplying electricity for itself and its shareholders’ needs, and not permitted to receive compensation from its shareholders for the electricity it generated.

According to the CRE, the company’s acceptance of compensation for its electricity supply to shareholders infringed upon Article 40, section V, of the Electric Power Public Service Law (Ley del Servicio Público de Energía Eléctrica or LSPEE).

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