Mexico's New Federal Electricity Commission Chief to Review Private PPAs

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Leer en Español: Nuevo Director de CFE Revisará los Contratos Privados de Electricidad

The new administration of President-Elect Andrés Manuel López Obrador will take over the Mexican government for a six-year term on Dec. 1, 2018. The President-Elect has been outlining his administration's energy strategy, including appointing Manuel Bartlett as the general director of Comisión Federal de Electricidad (CFE). Bartlett has been a critic of the government's energy reform of 2013.

On Aug. 3, 2018, Bartlett addressed the media and expressed his wariness of contracts awarded by CFE to private investors for selling electric power and the intent of the new administration to perform a review of such power purchase agreements (PPAs).

At the moment, there is no information as to what contracts would be reviewed and whether they would include those involving independent power producers (IPPs) or those awarded at long-term auctions. The "French Model" of government participation in the electric market seems to be considered.

The main concerns are why CFE is not generating enough power to cover demand and the analysis of the prices currently paid to private generators. In addition, the intention seems to be that CFE has a "social" tariff, reduces losses and complies with anti-corruption policies.

In the meantime, it is advisable to review the text of all contracts, including those in negotiation, to assess the particular situation of an investment.

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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