Eligibility Requirements for an Electric Power Generation Permit in Mexico - Companies Must Meet a Number of Conditions When Applying for the Necessary Permit

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HIGHLIGHTS:

  • On April 8, 2015, the Regulatory Energy Commission issued administrative resolution RES/182/2015 in the Mexico Official Federal Gazette.
  • Prior to obtaining an electric power generation permit, applying companies should file for a social impact assessment of the project before the Ministry of Energy, among other requirements. 

On April 8, 2015, the Regulatory Energy Commission (CRE) issued administrative resolution RES/182/2015 in the Mexico Official Federal Gazette (Diario Oficial de la Federación). The requirements and general information pertaining to companies applying for an electric power generation permit are discussed in detail in the resolution.

The CRE's resolution outlines the fact that companies applying for an electric power generation permit must submit the following information:

  • the properly registered deed of incorporation serving as evidence of the corporate purpose
  • the public deed serving as evidence of the powers of attorney of the legal representative
  • proof of legal, technical and financial capacity that the applying companies show evident experience in the design, construction and operation of similar electric power projects
  • general description of the project, including: the location of the power station; the geographical characteristics of the land; a map defining the geodetic coordinates; and, if the project is connected to the National Transmission Grid or the General Distribution Grids or if it will be an isolated supply, the power plant's capacity and the technology used

Prior to obtaining an electric power generation permit, applying companies should file for a social impact assessment of the project before the Ministry of Energy. In addition, they should verify the estimated finishing dates of the construction of the power plant and the initiation of electric generation as well as the estimated commissioning date, business plan and full payment of the applicable duties.

Moreover, applying companies should consider the potential requirement to obtain other permits, authorizations and favorable resolutions from other agencies. Applying companies should file for an electric power generation permit by submitting the corresponding format through the Electronic Filing Office (Oficialía de Partes Electrónica).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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