Definitive Suspension of the Strategy that forces the purchase of gas from State Productive Companies
By means of Official Communication number SENER.100/195/2022 dated June 13, 2022, the Ministry of Energy urged the Energy Regulatory Commission to modify the “Terms and Conditions for the Provision of Services of the Independent Management Permit of the Integrated National Natural Gas Transportation and Storage System” (“SISTRANGAS“), in order to implement a “Supply Guarantee Strategy for the optimization of capacity in SISTRANGAS” (hereinafter, the “Strategy“).
Likewise, it required the National Gas Control Center (“CENAGAS“), in its capacity as independent manager of SISTRANGAS, and as a requirement for the provision of natural gas transportation services at the import points of SISTRANGAS, to require the users or those interested in receiving natural gas transportation services to provide the following:
a) Supply of gas by State Productive Companies. Users or those interested in receiving the gas transportation service must prove, within 60 calendar days, that they receive the natural gas supply from one of the State’s productive companies or their subsidiaries or affiliates (for example, a supply agreement entered into with Pemex);
b) Contracting the Federal Electricity Commission (“CFE”). That, at the points where the CFE (or its subsidiaries and affiliates) has reserved capacity in the transportation systems (i.e., capacity in the gas pipelines), the contracting (of the natural gas transportation service) with the CFE shall prevail;
c) Transportation service. That the provision of the transportation service, in any of its modalities in SISTRANGAS, is assured with the contracting of transportation capacity in pipelines, with any of the State Productive Companies, respecting the priority identified in the previous paragraph (giving priority to the CFE).
As a result of the official communication issued by the Ministry of Energy, CENAGAS issued the communication CENEGAS-UGTP/00434/2022, addressed to the users of the CENAGAS Natural Gas Transportation Service, where it informed the actions to implement the Strategy.
In this regard, it informed the users that, in the event that the Transportation Service Contract signed by the users with CENAGAS contains the Commercial Nodes referred to in Table 1 of said official communication, said users have the obligation to prove compliance with the requirements established in the Strategy (in other words, to prove the execution of the contracts with State Productive Companies).
In view of the harm that the implementation of the Strategy could cause, 10 companies promoted an amparo trial against the application of the Strategy to their detriment. Consequently, yesterday (July 18, 2022), the Second District Judge in Administrative Matters, specialized in Economic Competition, Broadcasting and Telecommunications, granted the definitive suspension against the Strategy and, with this, such companies will not have to comply with the obligation to prove that they receive the supply or transportation service of natural gas from any of the State Productive Companies. It is worth mentioning that the suspension granted is so that the responsible authorities refrain from executing, to the detriment of the complainants, the obligations contained in the Strategy. In other words, the suspension is not applicable to all the companies that are in this situation, but only to those that promoted the amparo trial.
Finally, yesterday, the Ministry of Energy issued a press release informing that they will file a review and appeal against such resolution, considering it illegal.
In Acedo Santamarina we have vast experience in natural gas matters, as well as in litigation before different authorities, to support you in guaranteeing the continuity of your business.
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