Priego Brito & Guzmán Juárez Attorneys at Law

Starting October 16, the Energy Regulatory Commission (CRE) will initiate verification visits to liquefied petroleum gas (LPG) distribution plants and tankers for the distribution of this energy to the population, in order to combat the theft of this hydrocarbon.

“Derived from the actions to combat the theft of hydrocarbons, as well as to maintain the safety of the population and protect the interests of users, verification visits will be carried out in relation to the activity of Liquefied Petroleum Gas Distribution through a Distribution Plant and/or Liquefied Petroleum Gas Distribution by means of an auto-tanker,” the CRE informed on Monday through a press release.

The regulatory body, under the chairmanship of Leopoldo Melchi García, said that, among other documentation in each verification visit, the following will be requested:

Current permit issued by the Energy Regulatory Commission (CRE) that allows it to carry out the aforementioned distribution activities.
Up-to-date payments of annual supervision before the CRE.
Insurance policy in force for the plant and the units.
Rulings of the corresponding Mexican Official Standards.
Updated maintenance and operation programs.
Invoices that guarantee the legality of the L.P. Gas.
Register of tankers and delivery vehicles in force and duly registered with the CRE.
Proof that all the units found in the plant are duly registered and approved by the CRE under the title permit of the visited party and, if applicable, the justification for the overnight stay of the units.
For those units that are in the plant and do not have the CRE's approval, they must prove that they are not operating and the current status of the vehicle fleet update process.
The Commission specified that, in the event that during the visit, the Commission finds that delivery vehicles or tankers are not registered with the CRE, or that they are registered but under a different permit title than the visited vehicle and/or without justification for staying overnight at the place where the visit is made, the regulated parties may be subject to an administrative or criminal sanction.

Regarding the latter, the CRE said that it will proceed to temporarily, totally or partially close, disqualify or immobilize equipment, facilities, vehicles or systems, as appropriate; or order the temporary suspension of supply, service or activity; or impose a fine or revocation as appropriate, or file a complaint against them for the probable commission of a hydrocarbons crime and request the forfeiture of ownership in those cases in which it is appropriate.

Therefore, the CRE pointed out that, in order to provide greater legal certainty to the general public, it is important that both vehicles and distribution plants provide reliable and constant proof of their relationship with the company holding the Permit.

Likewise, he said that it is important that at the time of the visit, the visited party corroborates that the verifier is active in the CRE with a valid credential.

It should be recalled that last August, Commissioners Norma Leticia Campos Aragón and Luis Linares Zapata expressed in a session of the Commission's governing body the need to increase the number of verifiers in the hydrocarbons sector, given that since the beginning of the current administration to date, the number has dropped from 15 to only 7.

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