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Marco Nieto-Vazquez

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Marco Nieto Vázquez is a partner in Baker McKenzie's Energy, Mining & Infrastructure Industry Group in Mexico City. He has over 17 years of international consulting experience in the private sector, the Mexican public sector, and international energy-related organizations. He has also served as an external consultant to the International Atomic Energy Agency, leading professional missions for some Central and South American governments on issues of energy modelling and planning and was part of the Energy and Infrastructure team in PwC in Mexico.

On 7 April 2022, the Supreme Court of Justice of the Nation (SCJN) resolved the matter of unconstitutionality, filed by a parliamentary group of the Senate, against the modifications to the Electric Industry Law, published on 9 March 2021. The precedent created by the resolution of the unconstitutionality action by the SCJN, could be relied upon by the District Courts and the Collegiate Courts when ruling in amparo trials.

On 31 December 2021, the Energy Regulatory Commission published in the Mexican Official Gazette, resolution number RES/550/2021, through which it issued the General Administrative Provisions containing the criteria for efficiency, quality, reliability, continuity, safety and sustainability of the National Electric System: Network Code. This New Network Code modifies the technical requirements whose compliance is mandatory for all users of the National Electric System, i.e., the National Energy Control Center, transporters, distributors, power plants, suppliers and, in particular, all load centers connected at medium and high tension, regardless of their consumption levels.

On 30 September 2021, the President presented to the House of Representatives a Bill seeking to amend articles 25, 27 and 28 of the Constitution of the United Mexican States, in energy matters. The Bill to amend the Constitution proposes the following: (i) substantial changes in both public policies, and the regulation of the electricity and hydrocarbon industries; (ii) nationalizing the right to the exploration, use, and exploitation of lithium, and, (iii) establishing that no future concessions will be granted.

In brief The Mexican government published a Decree that amends and incorporates several provisions of the Power Industry Law (“Amendment”) in the Federal Official Gazette on 9 March 2021. The Amendment will severely affect the business of private entities investing in the power industry. Recommended actions We consider that the…