Newsflash - SENER and CNE Release New Migration and Transmission Rules for LSPEE Projects

On June 18, 2026, the Ministry of Energy published in the Official Gazette of the Federation: (i) the Resolution issuing the Guidelines for voluntary and expedited migration from self-supply and cogeneration of electric energy to the legal frameworks set forth in the Electricity Sector Law (Lineamientos para la migración voluntaria y expedita de autoabastecimiento y cogeneración de energía eléctrica a las figuras previstas en la Ley del Sector Eléctrico, the “Guidelines”); and (ii) the Resolution of the National Energy Commission issuing the methodology for determining the charge corresponding to the electric power transmission service provided by the Supplier to Permit Holders with electric power generation plants that have entered into an interconnection agreement and an agreement for electric power transmission service under the Public Electricity Service Law (Metodología para la determinación del cargo correspondiente al servicio de transmisión de energía eléctrica que preste la Suministradora a las Personas Permisionarias con centrales de generación de energía eléctrica, que cuenten con contrato de interconexión y convenio para el servicio de transmisión de energía eléctrica celebrados al amparo de la Ley del Servicio Público de Energía Eléctrica, the “Methodology”).

Both publications are issued in compliance with the Transitory Articles of the Electricity Sector Law (“LSE”) and are designed to operate in a complementary manner. The Guidelines regulate the procedure for the voluntary migration of Grandfathered Schemes to the LSE framework (the “Migration Procedure”), while the Methodology establishes the new transmission service charge scheme applicable in the absence of migration, also providing for a transitional regime directly linked to the Migration Procedure.

I. The Guidelines

The purpose of the Guidelines is to regulate the Migration Procedure pursuant to which holders of self-supply and cogeneration permits granted under the repealed Public Electricity Service Law (“LSPEE”), with a capacity equal to or greater than 0.7 MW, together with the contracts and agreements related thereto that remain in force (Figuras Legadas, the “Grandfathered Schemes”), may voluntarily and expeditiously migrate to the schemes set forth in the LSE.

The Migration Procedure is voluntary in nature. Accordingly, permit holders who decide not to migrate will continue to be governed by the terms under which their permits were granted until the expiration of their term; provided, however, that the new Methodology will apply to the transmission charges payable under the Interconnection Agreements and Transmission Agreements they have entered into with the Federal Electricity Commission (Comisión Federal de Electricidad, “CFE”).

Grandfathered Schemes may migrate to any of the following generation schemes: (i) Self-Consumption on an isolated basis; (ii) Self-Consumption on an interconnected basis; or (iii) Generation for the Wholesale Electricity Market (Mercado Eléctrico Mayorista, “MEM”), which may include cogeneration modality. End Users with Load Centers included in Grandfathered Schemes may choose to migrate in order to receive Qualified Supply or Basic Supply.

a. Administrative simplification

Those participating in the Migration Procedure are subject to certain simplified administrative conditions, including the following: (i) they are not required to carry out additional interconnection studies or reinforcement works for the execution of the new interconnection agreement, where the Grandfathered Schemes includes a grandfathered agreement; (ii) the responsible authorities may not request information, filings or payments in addition to those set forth in the Guidelines, except in duly justified scenarios; and (iii) the binding planning criteria for the granting of the permit resulting from the migration do not apply to them.

b. Term and restrictions

The generation permit granted as a result of the migration will have a term equal to the remaining term of the interconnection agreement associated with the relevant Grandfathered Schemes. With respect to Power Plants that are already in operation, such term may be extended for up to an additional 15 (fifteen) years, without exceeding 30 (thirty) years in total, upon submission of a Modernization Program. In the case of Power Plants that have not yet commenced operations, the term may not exceed 25 (twenty-five) years.

The Migration Procedure does not allow increases in the Installed Capacity of Power Plants, since the facilities contemplated in the Grandfathered Schemes must correspond to the terms of the permit to be granted. Likewise, during the Migration Procedure, no technical modifications to Power Plants will be authorized, except for those related to compliance with metering system requirements, obtaining “dispatchable” status and the Minimum Operating Tests, as well as, where applicable, the Modernization Program approved by the National Energy Commission (“CNE”). Notwithstanding the foregoing, permit holders of Grandfathered Schemes participating in the Migration Procedure (the “Applicants”) may request the integration of an Electric Energy Storage System, provided that it is a renewable energy Power Plant and that neither the Installed Capacity nor the capacity established in the interconnection agreement is increased.

c. Procedure

The procedure must be carried out exclusively through the Migration Portal (Ventanilla de Migraciones), the inter-institutional digital platform enabled for the filing of applications, communications between the Responsible Institutions and the Applicant, and the compilation of the file for each case. 

Depending on the applicable modality, the Migration Procedure comprises up to nine stages: (i) registration of the expression of interest; (ii) filing of the migration application; (iii) deficiency notice period and, if applicable, admission or dismissal; (iv) resolution by the CNE and granting of the permit; (v) review of metering functionality; (vi) prior registration of physical assets; (vii) compliance with technical conditions (“dispatchable” status and Minimum Operating Tests); (viii) execution of the interconnection or connection agreement and early termination of the grandfathered agreements; and (ix) change of status to “enabled” and commencement of operations in the MEM.

Completion of each stage is a necessary condition for the commencement of the subsequent stage, in accordance with the established timeline.

d. Effects

The granting of a generation permit under the LSE pursuant to the Guidelines entails the waiver and termination of the permit associated with the Grandfathered Scheme. Likewise, completion of the Migration Procedure entails the early termination of the agreements and arrangements related to the corresponding Grandfathered Scheme. Notwithstanding the foregoing, activities carried out under Grandfathered Schemes may continue without interruption during the Migration Procedure, provided that the corresponding interconnection agreement remains in force.

It should be noted that inactivity or failure to comply with the Guidelines during the applicable stages and timelines will be deemed to constitute withdrawal from, and relinquishment of, the Migration Procedure. Applicants that withdraw from, or fail to complete, the procedure will retain the validity of the administrative acts formalized during their participation, without prejudice to their right to continue with any unfinished acts in accordance with the procedures and timelines set forth in the applicable provisions.

II. The Methodology

The purpose of the Methodology is to determine the charge corresponding to the transmission service to be provided going forward (the “Charge”) by the CFE, in its capacity as supplier (the “Supplier”), to permit holders that have an interconnection agreement and a transmission agreement entered into under the LSPEE (the “Permit Holders”).

The Methodology is mandatory throughout the national territory and applies to: (i) the Permit Holders; and (ii) the Supplier.

The Charge for each Permit Holder is calculated based on the sum of the amounts determined by the National Energy Control Center (Centro Nacional de Control de Energía, “CENACE”) to the Supplier, arising from the Market Settlement for the following items: (i) Public Electric Power Transmission Service; (ii) Public Electric Power Distribution Service; (iii) CENACE operation service; and (iv) Ancillary Services not included in the MEM (“SCnMEM”).

The formula for the Charge applicable to each Permit Holder is as follows:

CST_i = ISPTEE_i + ISPDEE_i + ISOCENACE_i + ISCnMEM_i

Where:

CST_i    Transmission Service Charge that the Supplier must collect from the Permit Holder (i) for the rendering of such service, expressed in pesos.

ISPTEE_i.  Market Settlement amount for the Public Electric Power Transmission Service for the Permit Holder (i), expressed in pesos.

ISPDEE_i   Market Settlement amount for the Public Electric Power Distribution Service for the Permit Holder (i), expressed in pesos.

ISOCENACE_i.   Market Settlement amount for the CENACE operation service for the Permit Holder (i), expressed in pesos.

ISCnMEM_i  Market Settlement amount for SCnMEM for the Permit Holder (i), expressed in pesos.

i  Corresponds to the (i)-th Permit Holder.

This change is relevant because it replaces the prior fixed charge scheme known as “postage stamp wheeling” (porteo estampilla), based on methodologies issued by the former Energy Regulatory Commission (Comisión Reguladora de Energía) pursuant to the Resolutions RES/066/2010 and RES/194/2010, with a methodology that ties the charge applicable to Permit Holders to the amounts resulting from the Market Settlement.

The Supplier must invoice the Charge to Permit Holders on a monthly basis, notify it and collect it in accordance with the provisions of the interconnection agreement and transmission agreement. The Supplier must also submit a monthly report on the Charge collected to the CNE within 10 (ten) business days following the last day of the reported month.

III. Transitional regime and connection between both publication

The Guidelines entered into force on June 18, 2026. With respect to notices of interest to participate in the Migration Procedure, these must be registered during the period from June 19 to September 18, 2026. The Migration Period, in turn, runs from June 19, 2026 to October 6, 2028. It should be noted that Applicants who had filed migration applications prior to the entry into force of the Guidelines may ratify them by registering their notice of interest through the Migration Portal, so that they may be resolved in accordance with the timelines set forth in the Guidelines.

The Methodology, for its part, entered into force on October 19, 2026. However, its transitional regime is directly linked to the Migration Procedure regulated under the Guidelines.

In this regard, during the period between October 19, 2026 and October 6, 2028, the Methodology does not apply to Permit Holders that meet the following two conditions: (i) they have an interconnection agreement and transmission agreement with a term extending beyond October 6, 2028; and (ii) they commence the voluntary and expedited Migration Procedure by registering the notice of interest and filing the corresponding migration application.

During such period, those Permit Holders will continue to operate under their existing interconnection agreement and transmission agreement, and must continue to pay the charge for transmission service in accordance with the methodology applicable prior to the entry into force of the new Methodology.

The transitional regime will cease to be effective when the Permit Holders: (i) fail to complete all stages of the Migration Procedure; (ii) obtain “enabled” status in the physical assets registry; or (iii) commence operations in the MEM. In any of these scenarios, the Permit Holders must pay in accordance with the Methodology or the corresponding tariffs as from the billing period immediately following the corresponding notice.

It is important to note that, pursuant to the Methodology, until the Market Rules (Reglas del Mercado) are updated, the charges described above must include the charges resulting from compensated energy (energía compensada), in accordance with clause fifteen, section XV.3, subsection (ii) of the corresponding interconnection agreement. This concept is known among holders of self-supply and cogeneration permits using renewable energy sources under the LSPEE as the "energy bank" (banco de energía).

Lastly, as from the entry into force of the Methodology, all prior administrative provisions that were applicable to the determination of charges for transmission services for Permit Holders with agreements entered into under the LSPEE will cease to have effect.