AGREEMENT publishing the Modifications to the Manual on Bilateral Transactions and Registration of Electricity Coverage Contracts
WHEREAS
FIRST. That on January 8, 2018, the Ministry of Energy published in the Official Gazette of the Federation the Agreement by which the Manual for the Development of the Market Rules is issued.
SECOND: That by means of agreement CA-011/2021-38 issued in the 38th Ordinary Session of the Board of Directors of the National Energy Control Center held on March 23, 2021, said Superior Body agreed to delegate to the General Director of the National Energy Control Center the issuance of the Preliminary Opinion and previous and final Approvals, to the proposals for the development and/or modification of the Market Practices Manuals.
THIRD: Pursuant to Article 25, paragraph five of the Political Constitution of the United Mexican States, the public sector shall be exclusively responsible for the strategic areas set forth in Article 28, paragraph four of said Constitution.
FOURTH. Article 27, paragraph six of the Political Constitution of the United Mexican States establishes that the planning and control of the National Electric System corresponds exclusively to the Nation, as well as the Public Service of Transmission and Distribution of Electric Energy, and that in these activities no concessions shall be granted, without prejudice that the State may enter into contracts with private parties under the terms established by law, which shall determine the manner in which private parties may participate in the other activities of the electric industry.
FIFTH. Article 28, paragraph four, of the Political Constitution of the United Mexican States establishes as strategic areas, among others, the planning and control of the National Electric System, as well as the Public Service of Transmission and Distribution of Electric Energy;
SIXTH. Article 1, paragraph one, of the Electricity Industry Law, states that it regulates articles 25, paragraph four (now paragraph five), 27, paragraph six and 28, paragraph four, of the Political Constitution of the United Mexican States, and that its purpose is to regulate the planning and control of the National Electricity System, the Public Service of Transmission and Distribution of Electricity and the other activities of the electricity industry, and that the provisions of this Law are of social interest and public order. Likewise, the second paragraph of Article 1 of the Electricity Industry Law states that it has, among other purposes, to promote the sustainable development of the electricity industry and guarantee its continuous, efficient and safe operation for the benefit of users, as well as compliance with the obligations of public and universal service;
SEVENTH. Article 3, first paragraph, sections I, XX and XXXVIII, of the Electricity Industry Law, states that: (i) the Electricity Market Bases are administrative provisions of a general nature that contain the principles of the design and operation of the Wholesale Electricity Market, (ii) the Market Operating Provisions are operating bases, criteria, guides, guidelines, manuals, procedures and other provisions issued by the National Energy Control Center, in which the operative processes of the Wholesale Electricity Market will be defined, in accordance with the Electricity Market Bases, and (iii) the Market Rules are, jointly, the Electricity Market Bases and the Market Operating Provisions, which govern the Wholesale Electricity Market;
EIGHTH. Pursuant to Article 96, second paragraph, of the Electricity Industry Law, the Market Rules will establish the minimum requirements to be a Market Participant, and will determine the rights and obligations of the Market Participants, and Articles 95, second paragraph, and 108, first paragraph, section III, of this same legal ordinance, empower the National Energy Control Center to carry out the review, adjustment, update and issuance processes of the Market Operating Provisions, subject to the mechanisms and guidelines established by the Energy Regulatory Commission;
NINTH. That on September 8, 2015, the Electricity Market Bases were published in the Official Gazette of the Federation, which define the rules and procedures to be carried out by the Market Participants and the authorities to maintain an adequate administration, operation and planning of the Wholesale Electricity Market, and that in its Base 1, paragraph 1.5, establishes the structure and development of the Market Rules;
TENTH. The Market Practice Manuals are part of the Market Operating Provisions and their purpose is to develop in greater detail the elements of the Electricity Market Bases and establish the procedures, rules, instructions, calculation principles, guidelines and examples to be followed for the administration, operation and planning of the Wholesale Electricity Market;
Eleventh. That on January 20, 2017, the Manual of Bilateral Transactions and Registration of Electricity Coverage Contracts was published in the Official Gazette of the Federation, which has the purpose of establishing the criteria to register the Bilateral Transactions in the settlement processes of the Wholesale Electricity Market as well as the general rules and procedures in relation to the Electricity Coverage Contracts entered into by the Market Participants and notified to the National Energy Control Center.
TWELFTH. That on January 11, 2021, the proposal of “Modification to the Manual of Bilateral Transactions and Registration of Electricity Coverage Contracts” was submitted to the Direction of Administration of the Wholesale Electricity Market of the National Energy Control Center, and was assigned the file number M-MP001/2021 (hereinafter the “Modification Proposal”).
THIRTEENTH. On February 24, 2021, the Director General of the National Energy Control Center issued the Preliminary Opinion of the Modification Proposal, including the comments received from the Members of the Electricity Industry.
FOURTEENTH. That on March 16, 2021, the proponent addressed the recommendations contained in the Preliminary Ruling, as well as the comments received from the Members of the Electricity Industry and the Ministry of Energy and proceeded to adjust the Modification Proposal accordingly.
FIFTEENTH. That on March 29, 2021, the Director General of the National Energy Control Center issued the Approval prior to the Modification Proposal.
SIXTEENTH. That on March 30, 2021, the Director of Administration of the Wholesale Electricity Market of the National Energy Control Center submitted the Modification Proposal for the authorization of the Energy Regulatory Commission.
SEVENTEENTH. By Resolution number RES/263/2021 dated July 29, 2021, the Energy Regulatory Commission authorized the “Modifications to the Manual of Bilateral Transactions and Registration of Electricity Coverage Contracts”.
EIGHTEENTH. By means of agreement CA-011/2023-47 issued at the 47th Ordinary Session of the Board of Directors of the National Energy Control Center held on June 12, 2023, said Superior Body approved and issued the “Modifications to the Manual of Bilateral Transactions and Registration of Electricity Coverage Contracts” and instructed the General Director to publish it both in the Market Information System and in the Official Gazette of the Federation.
NINETEENTH. That the modifications to the Manual of Bilateral Transactions and Registration of Electricity Coverage Contracts is considered an administrative act of a general nature that must be published in the Official Gazette of the Federation, in order to produce full legal effects, therefore, I have had the pleasure to issue the following:
The National Energy Control Center publishes the “Modifications to the Manual of Bilateral Transactions and Registration of Electricity Coverage Contracts”.
The “Amendments to the Manual of Bilateral Transactions and Registration of Electricity Coverage Contracts” shall enter into effect as indicated in CHAPTER 4 entitled “Transitory Provisions” of the same.
https://www.dof.gob.mx/nota_detalle.php?codigo=5705752&fecha=18/10/2023#gsc.tab=0
