In brief
On 8 September 2026, the Ministry of Energy (SENER) published in the Federal Official Gazette (Diario Oficial de la Federación, DOF) the Accord amending, repealing and supplementing various provisions of the Guidelines for the Voluntary and Expedited Migration of Self-Supply and Cogeneration Power Generation Schemes to the Regulatory Framework Established under the Electricity Sector Law ("Guidelines").
As discussed in our previous Client Alert, on 18 June 2026, SENER issued the Guidelines establishing the procedure for the voluntary and expedited migration of self-supply and cogeneration permits granted under the former Public Electricity Service Law (Ley del Servicio Público de Energía Eléctrica) to the regulatory schemes contemplated under the Electricity Sector Law (Ley del Sector Eléctrico).
Recommended measures
Permit holders under the legacy self-supply and cogeneration regime, as well as other stakeholders considering participation in the migration process contemplated by the Guidelines, should:
- Review the amendments to the timelines and deadlines applicable to the migration process.
- Assess the revised provisions governing metering systems and equipment.
- Verify the requirements and procedures applicable to the Minimum Operational Tests.
- Evaluate the regulatory treatment applicable to load centers participating in the migration process.
- Review the new provisions applicable to facilities or infrastructure subject to shared use arrangements.
More details
Through the Accord, SENER amends, repeals and supplements various provisions of the Guidelines, including provisions relating to the timelines and deadlines of the migration procedure, metering requirements, Minimum Operational Tests, the supply of electricity to certain load centers, and facilities with shared infrastructure. The principal amendments introduced by the Accord include the following:
- Amendments to timelines and deadlines: The Accord extends the deadlines established for the voluntary migration procedure applicable to legacy self-supply and cogeneration permits. Among other changes, the deadline for submitting a notice of intent is extended to 18 December 2026, while the deadline for filing a migration application is extended to 15 January 2027. In addition, the dates applicable to subsequent stages of the procedure set forth in the Guidelines are adjusted.
- Flexibility regarding documentary requirements: The Accord eliminates the requirement to submit certain executed agreements with Market Participants from the outset of the procedure. In certain cases, interested parties may satisfy this requirement through a letter of intent or a sworn statement, provided that the relevant agreement is in the process of being formalized.
- Minimum Operational Tests: The provisions relating to the Minimum Operational Tests are amended to provide greater flexibility to applicants. Among other matters, applicants may request alternative dates for conducting such tests, and CENACE may recognize tests performed in advance for purposes of the migration procedure.
- Metering provisions: Various rules applicable to the metering systems and equipment of power plants and load centers participating in the migration process are amended and supplemented. Among other matters, certain existing metering equipment may continue to be used, provided that it complies with the minimum required functionality and the applicable requirements of the Wholesale Electricity Market, reducing the need for additional modifications to existing infrastructure.
- Load centers and electricity supply: The Accord incorporates provisions that provide greater certainty regarding the electricity supply of load centers associated with legacy permits. In particular, it clarifies the conditions under which certain load centers may continue to receive Basic Supply even if they do not migrate or do not complete the migration procedure.
- Load centers under Qualified Supply: Specific provisions are incorporated for load centers that require connection studies in order to migrate to the Qualified Supply regime, establishing that such studies must be requested from CENACE and will receive priority treatment.
- Energy Storage Systems (Sistemas de almacenamiento de energía eléctrica, SAEE): The Accord relaxes the requirements relating to the incorporation of energy storage systems, allowing, in certain cases, the corresponding viability request to be submitted jointly with the migration application.
- Shared infrastructure: New provisions are added that apply to facilities with shared infrastructure, particularly substations used by more than one user. These provisions regulate matters relating to individual metering, the operation of shared facilities, and the exchange of information required for participation in the Wholesale Electricity Market.
- Transitional regime: The Accord incorporates transitional provisions intended to facilitate the implementation of the amendments, including adjustments to ongoing procedures and mechanisms allowing certain applicants to retain the originally applicable deadlines or elect to be subject to the new schedules established under the Guidelines.
While the amendments introduced by the Accord seek to provide greater flexibility and certainty to the migration procedure, their practical application will depend on the specific characteristics of each legacy permit, load center, and project involved. In particular, participants considering opting into the Guidelines should timely assess the impact of the new deadlines, documentary requirements, and technical provisions applicable to their facilities and operating schemes.
Call to action
The amendments to the Guidelines may have implications for holders of legacy self-supply and cogeneration permits, as well as for load centers and other participants involved in migration processes under the regime established by the Electric Sector Law.
Baker & McKenzie remains available to discuss the scope of these amendments and their application to specific projects and structures.
Related content
- Mexico: SENER Issues Guidelines for Migrating Legacy Permits
- DOF: Nota aclaratoria al Acuerdo por el que se emiten los Lineamientos para la migración voluntaria y expedita de autoabastecimiento y cogeneración de energía eléctrica a las figuras previstas en la Ley del Sector Eléctrico.
- DOF: ACUERDO por el que se emiten los Lineamientos para la migración voluntaria y expedita de autoabastecimiento y cogeneración de energía eléctrica a las figuras previstas en la Ley del Sector Eléctrico.
- DOF: ACUERDO por el que se modifican, eliminan y adicionan diversas disposiciones de los Lineamientos para la migración voluntaria y expedita de autoabastecimiento y cogeneración de energía eléctrica a las figuras previstas en la Ley del Sector Eléctrico.
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Sofia Franco, Law Clerk, has contributed to this legal update.