The subsidiary in Mexico of the Spanish company delivered the energy to its partners in exchange for an “economic benefit”, argued the CRE in its resolution, something that is not allowed in the regulation under which the permit was granted.
Mexico City, May 27 (However).– The Energy regulatory commission (CRE), which oversees the Mexican energy market, applied a more to the company Iberdrola Energy Monterrey for little more than 9,145 million pesos.
The subsidiary of the Spanish company Iberdrola in the north of the country violated, according to the resolution of the Mexican regulatory entity, a self-supply electric power generation permit by selling it to its partners.
Iberdrola Energía Monterrey delivered the energy to its partners in exchange for an “economic benefit”, something that is not allowed in the regulation under which the permit was granted.
Resolución CRE Iberdrola 27 de mayo_compressed_compressed-2
The resolution specifies that the subsidiary violated article 36, section l, subsection a of the Electric Power Public Service Law (LSPEE), which states that electricity cannot be sold to third parties who are not partners when the agreement is approved. original project.
Also, it is pointed out that the CRE sanctions Iberdrola Energía Monterrey for the holder of the electric power generation permit under the self-supply modality.
The document specifies that “permit holders do NOT have the authority to sell, resell or by any legal act dispose of capacity or electrical energy.”
“The behavior described is unlawful, since it affects the legal assets protected by the regulations that impose the obligation on the Permit Holder not to sell, resell or by any legal act dispose of capacity or electrical energy,” the document states.
The evidence that the CRE used to substantiate the fault consists of the presentation of invoices for the sale of energy issued by the Tax Administration Service (SAT).
The resolution also highlights that Iberdrola Energía Monterrey sold the electricity generated by the plant from January 1, 2019 to August 31, 2020, in accordance with the Internet Digital Tax Receipt (CFDI) provided by the Tax Administration Service.
In a public session, on January 28, the CRE unanimously approved sanctioning Iberdrola for selling energy to those companies outside the electricity sector using the CFE transmission line, for which it did not renew its self-supply permit for that plant.
Although at the end of March the Spanish electricity company won an injunction before a judge once morest that resolution, the CFE filed a complaint so that the plant continues to be disconnected. At the same time, the public company has assured that it will absorb the distribution of electricity to these companies, so that its production will not be affected.
On April 22, Héctor Sánchez, the independent director of the CFE, had said that regardless of the protection, due to the constitutionality of the Law of the Electric Industry, the Spanish Iberdrola can no longer use the state transmission lines to sell energy from its power plant. “Dulces Nombres” combined cycle plant located in Pesquería, Nuevo León, to its “partners” Kimberly Clark, Cervecería Cuauhtémoc-Moctezuma, Cemex, Soriana, Nissan, among others.
-With information from Dulce Olvera
