THE ELECTRICAL REFORM UNCONSTITUTIONAL: SCJN
Mexico City, Jan 31 (EFE).- The Supreme Court of Justice of the Nation (SCJN) declared unconstitutional the controversial electrical reform of the president of Mexico, Andrés Manuel López Obrador, which sought to favor the state Federal Electrical Commission (CFE). above private generators.
With three votes in favor, in the Second Chamber of the SCJN, a precedent was defined this Wednesday for thousands of protections promoted by private parties against the legal changes promoted in 2021, which allowed the energy generated by the CFE to be sent to the electrical system first. relegating renewable energies to the end.
Among the changes were also the elimination of auctions to acquire the best price for energy generated through public contracts, self-sufficiency figures to sell electricity, as well as clean energy certificates.
Minister Alberto Pérez Dayán’s project plans general effects regarding the implementation of the reforms to the Electricity Industry Law (LIE), considering that the seven main articles of the modifications violate the framework on generation and wholesale electricity market established since 2013 by former president Enrique Peña Nieto (2012-2018).
“Deciding that the dispatch be carried out favoring a certain group of plants distorts the process of competition and free competition in the electric energy generation sector,” the ruling reads.
Furthermore, he defends that it hinders the formation of a new market, discourages the participation of new agents and breaks with the mandate of neutrality.
Although the protection was only promoted by six private companies, it had reason to not generate “a diverse distortion” in the electricity generation market and only benefit the complainants.
The approved project was not the only one planned to be voted on nor that defended the same meaning; However, only this one was voted, in the face of an impediment promoted by the Mexican Government, which argued that the draft sentence of Minister Javier Laynez could not be addressed, since he was part of the Peña Nieto Government as Fiscal Attorney of the Federation and promoted the reform to the LIE of 2013.