General Provisions on Binding Planning for the Electricity Sector in Mexico

Mexico's Ministry of Energy (Secretaría de Energía or SENER), on Oct. 15, 2025, sent to the National Commission for Regulatory Improvement (Comisión Nacional de Mejora Regulatoria or CONAMER) the draft order of the "General Administrative Provisions for Binding Planning in Electricity Generation Activities" (the Draft Order).

Purpose

The Draft Order aims to regulate the binding planning criteria to be applied by the sector authorities, SENER and the National Energy Commission (Comisión Nacional de Energía or CNE), for the granting of power generation permits, in accordance with the Electric Sector Law (Ley del Sector Eléctrico or LESE) and its regulations.

Under the Draft Order, these provisions would not apply to self-supply or cogeneration generation permits, meaning that such schemes would not be governed by the principles of binding planning. 

Binding Planning Criteria

The Draft Order establishes the following seven criteria that should be considered when assessing applications for power generation permits:

• Contribution to Meeting Demand and Electricity Accessibility: Assessment of the regional demand, the expected year of commercial operation and the technology required for the corresponding region
• Reliability, Continuity, Quality and Security of the National Grid (Sistema Eléctrico Nacional or SEN): Assessment of the plant's ability to provide ancillary services, control frequency and voltage and maintain capacity reserves through storage systems
• Efficiency: Assessment of the project's impact on the SEN operating's costs, considering long-term efficiency and infrastructure optimization
• Energy Transition: Confirmation that the project supports national decarbonization and clean energy goals, as well as climate change commitments
• State Prevalence: Assurance that the Mexican State maintains at least 54 percent of the total energy injected into the SEN, as required under the LESE, in consistency with the operation of the wholesale electricity market, pursuant to economic dispatch and subject to reliability and security constraints
• Energy Justice: Assessment of the project's contribution to fair access to electricity, reduction of social discrimination and reduction of energy poverty, in accordance with the LESE and its regulations.
• Innovation and Technological Development: Promotion of technological advancement, operational efficiency and the adoption of new technologies in electricity generation

For the technical assessment and compliance with criteria, the CNE should consider information from the Electric Sector Development Plan and interconnection feasibility studies issued by the National Center for Energy Control (Centro Nacional de Control de Energía or CENACE). Furthermore, SENER may establish a technical analysis group, composed of representatives from SENER, the CNE and CENACE, responsible for reviewing and analyzing the technical information related to planning and calls for generation projects within the power sector.

Final Comments

Although the Draft Order does not appear to impose new regulatory obligations on private parties, compliance with the binding planning criteria will be essential for the granting of generation permits. Therefore, it will be critical for applicants to ensure that their projects and applications are aligned with these criteria to secure the feasibility and approval of their permits.

The Draft Order is currently under public consultation before CONAMER. However, since SENER has requested an exemption from the Regulatory Impact Assessment, if CONAMER grants such an exemption, the Draft Order could be published in the Federal Register (Diario Oficial de la Federación or DOF) without incorporating public comments or observations. Once published, the Draft Order will enter into force on the date of its publication.

The team of professionals at Holland & Knight can assist in understanding the implications arising from the publication of the Draft Order, its forthcoming publication in the DOF, and in identifying strategic implications and necessary actions to align your projects with the new regulatory framework.

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