MEXICO Law and Practice Contributed by: Bernardo Cortés and Fernando Quesada, Cortés Quesada Abogados, S.C.
SENER’s planning authority has assumed a cen- tral role in the development of energy projects as a result of the 2024 constitutional reform. The LESE and the LPTE introduce the concept of “mandatory planning”, which requires both regulatory authorities and market participants to adhere to the official strategies, programmes and objectives of the government through SENER for the construction, installation and improvement of power infrastructure. These are outlined in the Development Plan of the Power Sector (PLADESE). The PLADESE is issued by SENER each year with a 15-year outlook for the national electricity system, and contains three to five-year invest- ment programmes for the development of gen- eration, transmission and distribution infrastruc- ture, in order to ensure reliability and continuity in the NES. CFE, the CNE and CENACE are required to comply with the planning directives established in the PLADESE, and new investments in the sector (including private investments) must also comply with the planning criteria established therein. The granting of permits and the regula- tory assessment of business plans for new infra- structure are now tied to the consistency of such projects and the goals and priorities outlined in the PLADESE. 1.6 Recent Changes in Law or Regulation As mentioned in 1.1 Law Governing the Struc- ture and Ownership of the Power Industry , the Mexican government introduced two major con- stitutional reforms in 2024, which substantially changed the legal regime of the power sector in Mexico: the reform on strategic industries and areas and the organisational simplification reform.
The approval of these reforms by Congress gave rise to the enactment of the LESE, LCFE, LPTE and LCNE (among others) in March 2025. The main foundational changes of the 2024–2025 energy reform on electricity matters include the following. • Transformation of the legal nature of CFE (formerly a State-productive company) into a vertically integrated State-public company. This change consolidated its role across the generation, transmission, distribution and basic supply segments of the electricity value chain. • Clear preference of CFE and other State- owned generation companies over private participants. This includes a mandate to ensure that the State controls at least 54% of the electricity delivered to the grid (thereby limiting private sector participation to a maxi- mum of 46%). • New regulatory rules for generation activities. • Creation of the CNE and broader authority of SENER, expanding the federal government’s purview over sector planning, market over- sight and regulatory enforcement actions. In short, these reforms signal a decisive shift toward greater State control and centralisation in the Mexican power industry, with significant implications for public and private sector stake- holders alike. 1.7 Announcements Regarding New Policies At the time of writing, the government is in the process of drafting and publishing regulations to the LESE and ancillary laws, which will fur- ther expand on the new rules and structure of the Mexican power industry brought about by the 2024 energy reform. These regulations are expected to provide guidance on the new legal
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