Iberdrola will not have to pay the fine of 9,145 million pesos issued by the CRE in 2022.
A federal court has confirmed the definitive suspension of the historic fine imposed by the Energy Regulatory Commission (CRE) on the Spanish company Iberdrola last year.
The First Collegiate Court Specialized in Economic Competition has ratified the suspension granted by Judge Ramón Lozano Bernal.
Specifically, the CRE, together with the Mexican Presidency, the Tax Administration Service (SAT), and the Federal Electricity Commission (CFE), filed an Appeal for Review against the definitive suspension granted to the consortium by a Federal Court in August 2022, which paralyzed the payment of the multi-million dollar fine.
The energy regulator fined Iberdrola's Monterrey subsidiary with a fine of 9,145 million pesos, for the illegal sale of energy from its plant with a legacy self-supply permit to partners who were not originally on the permit.
In September 2020, the Federal Electricity Commission (CFE) filed a complaint with the regulator, which triggered the investigation.
In February of this year, the regulator unanimously approved the opening of the investigation, considering that Iberdrola did business with energy generated at the Dulces Nombres plant despite having an autobasto permit.
The CRE's legal department is of the opinion that this violates Article 36 of the Public Energy Service Law (LSPEE), which states that the holders of these permits “may not sell, resell or by any legal act dispose of capacity or electric energy, except in the cases expressly provided for”.
The regulator proved with internet digital tax receipts (CFDI) issued by Iberdrola between January 1, 2019 and August 31, 2020 that the subsidiary sold energy to third parties, for which it was subject to the penalty.
The Spanish company filed an injunction and was able to obtain a provisional suspension in July of last year.
