The biggest challenge for the implementation of the energy reform that will be discussed in this ordinary session of the legislature will not be the amendment of three articles of the Constitution and the nine passing articles proposed, but the legal scaffolding secondary to these changes , which consists of at least 80 ordinances between laws, agreements and regulations that will take at least the rest of the six-year period to be amended, recognized experts in energy law.
Carlos Rodríguez Sámano, Secretary to the Board of Directors of the Mexican Energy Associationbelieves that the initiative of President Andrés Manuel López Obrador consists of a regressive policy in economic terms, that is, willing to concentrate public wealth in a few hands.
“We do not ask that the regulations remain as they are, we are not against amending them, in fact, the legal framework around electricity must be changed, but the constitutional change will not stop there, it will 800 regulations of a general nature that can be amended today, without the constitutional change and the damage to the finances of both private and public CFE what will it bring?
In Forum 13 of the Open Parliament on the discussion of the reform in the lower house, which may in fact begin in the third week of February, the issue of the constitutionality and legality of the electricity reform initiative was addressed, the lawyer recalled that the 2013- reform actually began to be implemented until 2015, when the last operational manuals were launched, of the National Energy Control Center (Cenace), so it will also be very expensive in bureaucratic terms to restart the model, as intended, when the purpose of the State is merely to make adjustments to secondary regulations.
Georgina Velasco Zanella, controversial lawyer in the office of the Attorney General of the Federal Electricity Commission (CFE) said the reform must be approved because only in this way will the State be responsible for guaranteeing energy security and the rights that as their core have access to a humane life for people.
“CFE is just asking for a level floor and it will have it with these changes, which guarantee order in the electric transmission and a mixed economy with the participation of private parties as instructed by the Constitution,” he assured.
Raul Perez Johnston, of the Mexican Institute for the Rule of Lawargued against the electric reform proposed by the current administration, that the model under consideration would require enormous levels of public investment, which would require money from taxes or debt.
“The state’s stewardship in economic and electrical matters has never been compromised, there are tariffs and costs, but all this is an issue that can be regulated in the secondary law or even by regulations of the Energy Regulatory Commission and others. word. “bodies acting in the electricity market,” he claimed, “it seems to me that this change can do more harm than good in the way it is proposed, because no one is against discussing adjustments to the sector that society can does not benefit. ”.
Finally, Eduardo Andrade Sánchez, Professor of Constitutional Law, reiterated that the Mexican state in the Constitution is the one that should take control of public services and electricity should therefore be regarded as such and not as an interchangeable object in a market that ‘ has no logic. of profit for the few, the investors who do not have the opportunity to function except through profits.
“The model proposed is a mixed economy, which is the best in the world, with a market for 46% of electricity generation for private companies and the state, by the CFE, which guarantees that this condition is met., As during the past decade to electrify 99% of Mexico’s population, ”he assured.
Reference-www.eleconomista.com.mx