In this regard, Concamin considered that said agreement trampled on the rights of all participants in the national electricity sector.
The private sector as a whole, from the twelve organizations represented by the Business Coordinating Council (CCE) to the American Chamber Mexico and the Executive Council of Global Companies, calls for the revocation of the “Reliability Policy” Agreement that, it assures, Illegally imposed the Ministry of Energy (Sener) for violating the legality, legal certainty and free economic competition of the country’s energy sector. “We call on the Ministry of the Interior and the Legal Department of the Federal Executive to investigate and clarify the irregular circumstances in which the agreement was published, to revoke it immediately and stop this destructive campaign of arbitrariness and information manipulation by the Ministry of Energy,” said the CCE in a statement.
Last Friday, Sener sent said agreement to the National Commission for Regulatory Improvement (Conamer), requesting the exemption of MIR (regulatory impact analysis) to proceed with immediate publication in the Official Gazette of the Federation (DOF) and enter effective the day after its publication. “(The agreement) represents a frontal attack on the legal certainty of investments in Mexico, causing serious consequences for the country, such as the loss of jobs, investor confidence, and damages for electrical projects of all technologies in at least 18 states of the Republic, which represent investments of more than 30 billion dollars ”, indicated the highest corporate leadership.
Considering that the rights of all participants in the national electricity sector are being violated, the matter will go to national and international courts to demand compliance with the contracts already established, warned the Confederation of Industrial Chambers of Mexico (Concamin) and the Confederation Patronal of Mexico (Coparmex). The business organizations warned of amparos that have already begun to be reported and which will extend until they reach national and international arbitration instances. “It is again a contradictory message that in the midst of the coronavirus pandemic and just when Mexico must generate certainty inside and outside to seek to promote productive investment in a subject so relevant to new generations, it is decided to make a decision that all Luces only responds to a closed criteria of the holders of the Ministry of Energy and the Federal Electricity Commission,” said Francisco Cervantes Díaz, President of the Concamin.
By granting extra legal powers to the Federal Electricity Commission for the planning and operation of the National Electric System (SEN), “it means a full violation of the Rule of Law and the probable abuse of authority by SENER,” states the body that represents the national secondary sector. Said employers union stated that the publication of the agreement in the DOF constitutes an illegal action if it is not reconsidered by the federal government. “It will drive away significant investments in the country, while causing those interested to go to national and international courts to demand compliance with the obligations of the Mexican State,” he said.
Source: El Financiero