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Vera de Gyarfas is a partner in Mayer Brown's Houston office and a member of the Oil & Gas industry group. She focuses her practice on transactions involving energy projects in Latin America and Africa. Vera represents companies engaged in all kinds of energy projects, handling negotiations of host government agreements as well as commercial agreements among companies in English, Spanish and Portuguese.

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2020 was a fascinating year for all lawyers in the global oil & gas sector.

Over the year we had some brilliant speakers leading discussions with industry lawyers through our oil & gas lawyers’ forum – click on this link to see what we discussed.

Our sessions usually take place on Wednesday mornings (UK

On December 26, 2020, the Ministry of Economy (“SE”) published in the Federal Official Gazette (“DOF”) the “Resolution that Establishes the Goods Whose Import and Export are Subject to Regulations Issued by the Ministry of Energy” (the “Resolution”) superseding the permitting regulation for import and export of hydrocarbons and petroleum products, originally published

The Policy of Reliability, Safety, Continuity, and Quality in the National Electricity System (the “Policy”) published on May 15, 2020 in the Federal Official Gazette (Diario Oficial de la Federación) was subject to several judicial proceedings due to its controversial content.

The Policy, based on the current health emergency, slowed the dispatch of renewable electric energy to the National Electricity System indefinitely due to its supposed lack of reliability, granting priority to CFE’s electricity generation despite the fact that it implies greater pollution and a higher cost to the end user.

The Federal Commission of Economic Competition (Comisión Federal de Competencia Económica) filed constitutional controversy docket 89/2020, which resulted in the Court’s decision to suspend, with general effects, the application of the Policy since June 2020.

The President –through the Executive Power Legal Counsel- filed an appeal against such decision.

Notwithstanding the foregoing, the Court determined unanimously that the complaint filed by the Executive Power was unfounded and on October 21, 2020, the Supreme Court of Justice confirmed the decision to suspend the Policy. We estimate that the definitive resolution of this procedure could take up to one year.

On the other hand, in November 2020 the final judgement of the amparo trial filed by EGP Magdalena Solar –one of several renewable energy companies that challenged the Policy-was published and it was the first judgment that analyzed the merits of the case. The judge considered that the Policy affects free competition and violates regulatory requirements; therefore, the Policy was suspended with general effects.

As a consequence of the foregoing, the Policy will not be part of the legal framework of the power industry and the relevant players of the sector may continue operations as if the Policy had never been issued. This may be further altered if SENER appeals such decision.

In Spanish below


Continue Reading Mexico – SENER’s Electricity Policy is Overruled

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During the last couple of months the Mexican power sector has been impacted by regulatory changes and bills of amendments that may disrupt the way power companies operate and plan their investments since the enactment of the energy reform. At present there is uncertainty with new investments given the change in the energy policy of the government with respect to renewable energy, restrictions on legacy offtake agreements and other measures impacting competition in the power sector. However, there is still opportunity within the power sector, and therefore many companies are analyzing the feasibility of entering distributed and isolated generation, given both are exempted activities that do not require generation permits from the Energy Regulatory Commission (“CRE”, Comisión Reguladora de Energía) and the applicable interconnection regulations are less strict than for other projects connected with the national grid.


Continue Reading Despite Regulatory Changes in Mexico, Distributed Generation Still Offers Opportunities for Power Producers