2020年5月06日

COVID-19 – SUSPENSION OF DEADLINES AND TERMS IN THE ENERGY SECTOR

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Contributing author: William Kirkland

As part of the measures carried out by the Mexican federal government to contain the pandemic created by COVID-19, the main regulatory entities of the energy sector in the country have declared the suspension of deadlines and terms of the acts and procedures carried out with them.

As of today, the scope of the measures taken by each entity are described below:

  • National Hydrocarbons Commission (“CNH”): The CNH, through an agreement published in the Official Gazette of the Federation (“DOF”) on March 20, 2020 (restated and amended on April 17, 2020 and May 6, 2020 ), declared the suspension of deadlines and terms from Monday, March 23 to May 31, 2020. The aforementioned period will have the nature of non-business days and, therefore, any type of act or proceeding before the CNH must be carried out on the first business day following May 31, 2020. Within this period, document reception will remain open to receive any writ, notice or report (Monday to Friday from 9:00 to 13:00). Automated Document Reception continues to operate normally.
  • Energy Regulatory Commission (“CRE”): the CRE, through an agreement published in the DOF on April 30, 2020, extended the suspension of deadlines and terms originally agreed on March 24 and April 7, in order to include the period between March 24 and May 30, 2020. The aforementioned period will be considered non-business days and, therefore, any type of act or procedure before the CRE must be carried out on the first business day following May 30, 2020. Document reception will remain open to receive any writ, notice or report (Tuesday and Friday from 9:00 to 13:00). The aforementioned will not apply to procedures of acquisitions, leases and services that are extremely urgent or that are considered necessary for the CRE to carry out its main functions.
  • National Energy Control Center (“CENACE”): CENACE, through an agreement published in the DOF on April 1, 2020 (amended on April 30, 2020), declared the suspension of deadlines and terms from Thursday, March 26 to Saturday, May 30, 2020. The aforementioned period will be considered non-business days and, therefore, any type of act or proceeding before CENACE must be carried out on the first business day following May 30, 2020. Within this period, document reception will remain open to receive any writ, notice or report (Monday to Friday from 9:00 to 13:00).
  • National Center for Natural Gas Control ("CENAGAS"): to date, there has been no publication in the DOF or notice of any kind on the CENAGAS webpage ordering the suspension of deadlines, terms or tasks.
  • Ministry of Energy (“SENER”): SENER, by means of an agreement published in the DOF on March 25, 2020 (restated and amended on April 30, 2020), declared the suspension of deadlines and terms from Wednesday, March 25 to May 30, 2020. The aforementioned period will be considered non-business days and, therefore, any type of act or proceeding before SENER must be carried out on the first business day following May 30, 2020 (June 1, 2020). By provision of the head of the entity, working days may be set within that term in case of urgent or relevant matters. Exceptions to the foregoing are procedures for acquisitions, leases and services when their execution is extremely urgent.
  • National Commission for Regulatory Improvement (“CONAMER”): to date, there has been no publication in the DOF or notice of any kind on the CONAMER page decreeing the suspension of deadlines, terms or tasks.
  • Federal Electricity Commission (“CFE”): to date, there has been no publication in the DOF or notice of any kind on the CFE webpage, ordering the suspension of deadlines, terms or tasks.
  • Federal Economic Competition Commission (“COFECE”): COFECE, through an agreement published in the Official Gazette of the Federation (“DOF”) on March 24, 2020 (restated and amended on April 17, 2020 and April 30, 2020), declared the suspension of deadlines and terms from Monday, March 23 to May 29, 2020 (considering the following business day, June 1, 2020). The aforementioned period will be considered as working days even though the terms and terms have been suspended. Their hours of operation remain the same. The foregoing resolution will not apply to (i) the regulatory provisions pursuant to the notification and resolution of concentration notices (regulated in terms of article 90 the Federal Economic Competition Law (“LFCE”)), (ii) the procedure pertaining to the authorization of a concentration when it is evidently lawful (regulated in terms of article 92 of the LFCE), (iii) the procedure to issue opinions and resolutions concerning the granting of licenses, concessions, permits and others (regulated in terms of article 98 and 99 of the LFCE), (iv) the Regulatory Provisions applicable to the issuing of opinions and resolutions described in the abovementioned numeral iii, (v) the procedures for requesting formal opinions and general guidance in matters of free market access and economic competition, (vi) the public consults made on the basis of article 138 of the LFCE, (vii) the procedures regarding exemption and fine reduction provided for in articles 100 through 103 of the LFCE, (viii) the subsequent stage to the completion of investigations regarding unlawful concentrations and monopolistic practices (provided for in article 78 of the LFCE), (ix) the terms and deadlines set for the Board to issue a resolution once the record has been incorporated and, with regards to procedures followed in trial form for unlawful concentrations or monopolistic practices, whether the oral hearing has taken place or the term to request it has passed.

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