Executive Summary:
- On May 8, 2023, Agreement A/007/2023 was published in the Official Gazette of the Federation (“DOF”), by which the Energy Regulatory Commission (“CRE”) modifies Agreement A037/2016, which issues the criteria and methodology to determine the verification or inspection visits that must be carried out and establishes the criteria and methodology to determine the verification visits that must be carried out in electricity matters (“Agreement”).
- The CRE has the power to order and carry out verification visits, in order to supervise and monitor compliance of those regulated in electrical matters through the performance of both ordinary and extraordinary verification, inspection and supervision visits.
Content of the Agreement:
The Agreement supersedes the previous Agreement A/037/2016 and establishes new criteria and methodology for determining the verification or inspection visits to be carried out in the field of electricity.
Visits will be carried out to permit holders in non-compliance and to those who comply in a systematic manner using appropriate sampling techniques. The CRE considers it necessary to carry out verification visits to verify compliance with the permit holders' obligations and to promote their compliance through appropriate regulatory supervision.
The Electricity Unit (“UE”) of the CRE will determine which permit holders will be subject to a verification visit, taking into account the human and budgetary resources available to the CRE. The CRE may be assisted by verification units, third-party specialists and specialized companies, chosen through competitive processes.
Ordinary verification visits will be scheduled by the EU within an annual programme of verification visits, using the methodology of Annex I of the Agreement. Extraordinary verification visits are those carried out outside the annual programme of verification visits or because the permit holders present behaviours or predominant factors not contemplated in Annex I, and will be ordered randomly.
The design and preparation of the annual verification visit program must adopt 12 criteria established in the Organization for Economic Cooperation and Development (OECD) Guide for regulatory compliance and inspections (OECD Regulatory Enforcement and Inspections Toolkit, OECD 2018).
The EU will prepare a bi-monthly report informing the CRE Governing Body of the verification visits carried out during said period and the findings, emphasizing the non-compliances and observations detected in order to follow up and implement the appropriate measures, including the application of immediate measures for security reasons, opinions on the initiation of sanction procedures or recommendations of sanctions to said Governing Body.
The Agreement enters into force on 9 May 2023.
Links to the publication:
