Ministry of Energy awaits final ruling from the Supreme Court of Justice on the suspension of electricity policy

The suspension of the policy’s effects will remain in effect for the duration of the judicial process.

MEXICO CITY (Times Media Mexico) – The Secretariat of Energy (Sener) will wait for the final decision of the Supreme Court of Justice of the Nation (SCJN) after it confirmed the indefinite suspension of its electricity policy. “We are going to wait for the Court’s resolution of the controversies since those will be the defining ones,” responded the energy dependency headed by Rocio Nahle.

On October 21, the judiciary reiterated such a decision on the Policy of Reliability, Safety, Continuity, and Quality in the National Electricity System, published on May 15, 2020, in the Official Gazette of the Federation (DOF).

The first chamber of the Court is considered as “unfounded” the complaint appeal of President Andrés Manuel López Obrador, through his legal advisor, regarding the constitutional controversy filed by the Federal Commission of Economic Competition (Cofece) in June 2020.

The suspension of the policy’s effects will remain in effect during the time that the judicial process takes place, which may extend more than a year.

Chaired by Alejandra Palacios, the antitrust regulator justified that Nahle’s policy violates the Mexican Constitution’s competition law.

Although it pursues the National Electrical System’s stability in the face of the health emergency caused by covid-19, Nahle’s electrical policy affected the entry into private solar and wind energy plants because of the low electricity demand and possible effects on the transmission networks.

This measure caused an avalanche of legal protection and processes to stop the Mexican government’s policy.