Mexican industry prepares lawsuits on power reform

  • Market: Electricity, Metals, Natural gas, Oil products, Petrochemicals
  • 02/03/21

Companies in an array of sectors from manufacturing to convenience stores plan to pursue legal action against the Mexican government if congress approves a proposed power sector reform bill.

More than 500 domestic and foreign companies are planning to file amparos, or constitutional appeals, against the proposed reform, said Jorge Arrambide, a Mexican attorney representing companies preparing legal action.

"Without a doubt, we are expecting a tsunami of amparos," said Adrian Sada, chief executive of Mexican glass producer Vitro and head of industrial chamber Caintra. "[The reform] violates many rights for practically all the small, medium and large industrial companies."

The bill, approved by the lower house of congress and under debate in the upper house today, seeks to prioritize power dispatch generated by state power company CFE, revoke self-supply permits and review all long-term power purchase agreements with independent power producers.

The reform would raise the cost of electricity for manufacturers and would put at risk arrangements to buy electric power directly from generators at lower prices, said Sada, whose company is the largest glass producer in Mexico.

"Many investors came to produce or invest in our country, and many Mexican companies invested in electric power generation, with certain rules of the game that are now being threatened," he said.

Companies are already preparing injunctions that allege the proposed law violates the Mexican constitution in areas such as free competition and environmental protection, said Arrambide, an attorney at law firm Santos Elizondo.

Some appeals also allege violations to international agreements such as the US-Mexico-Canada free trade agreement (USMCA), he said.

Foreign firms may also pursue international arbitrage under USMCA, but will begin with appeals in Mexico because they are quicker and can suspend immediate implications for plaintiffs, Arrambide and Caintra said.

Companies that file successful injunctions will not have to abide by the reform, but such actions will not undo the law or suspend it for other companies, he said.

Sada said the appeals have a "very high probability of success" because judges have ruled in favor of similar legal actions in the past. Arrambide also said he expected judges to rule in favor of the injunctions.

"The federal government has not considered the magnitude of the impact that this law will have," said Guillermo Dillon, director general of Caintra. "When [the law] moves forward, the government will be overwhelmed by the repercussions."


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30/04/24

Gas-fired units win Japan's clean power auction

Gas-fired units win Japan's clean power auction

Osaka, 30 April (Argus) — A planned 10 gas-fired generation units have won Japan's first long-term zero emissions power capacity auction, with the awarded capacity totalling nearly 6GW, or auction volumes sought for the first three years of the programme. Japan launched the clean power auction system from the April 2023-March 2024 fiscal year, aiming to spur investment in clean power sources by securing funding in advance to drive the country's decarbonisation towards 2050. The auction generally targets clean power sources — such as renewables, nuclear, storage battery, biomass, hydrogen and ammonia. But the scheme also applies to a new power plants burning regasified LNG as an immediate measure to ensure stable power supplies, subject to a gradual switch from gas to cleaner energy sources. The first auction held in January saw 10 new gas-fired units with a combined capacity of 5.76GW secure the funding of ¥176.6bn/yr ($1.12bn), the nationwide transmission system operator Organisation for Cross-regional Co-ordination of Transmission Operator (Occto), which manages the auction, said on 26 April. All winners can receive the money for 20 years through Occto, which collect money from the country's power retailers, although they need to refund 90pc of other revenue. Winners with a new gas-fired project should start commissioning their plants within six years and then begin refurbishment work to introduce clean fuels and technology within 10 years after commissioning. This means all the projects selected in the 2023-24 auction need to start operations by the end of 2030-31. Hokkaido Electric Power previously planned to begin operations of its Ishikariwan-Shinko No.2 gas-fired unit in December 2034 but it has advanced the start-up to 2030-31. Japan has secured a total of 9.77GW net zero capacity through the 2023-24 auction. Contract volumes include 1.3GW of nuclear, 1.1GW of storage batteries, 770MW for ammonia co-firing, 55.3MW hydrogen co-firing, 199MW biomass and 577MW of hydroelectric power projects, along with the 5.76GW of gas-fired projects. By Motoko Hasegawa Japan 2023-24 decarbonisation power capacity auction result Winner Power plant MW* Planned start-up Hokkaido Electric Power Ishikariwan-Shinko No.2 551 FY2030 Tohoku Electric Power Higashi Niigata No.6 616 FY2030 Kansai Electric Power Nanko No.1 592 FY2029 Kansai Electric Power Nanko No.2 592 FY2030 Kansai Electric Power Nanko No.3 592 FY2030 Chugoku Electric Power Yanai new No.2 464 Mar '2030 Tokyo Gas Chiba Sodegaura Power Station 605 FY2029 Osaka Gas Himeji No.3 566 FY2030 Jera Chita No.7 590 FY2029 Jera Chita No.8 590 FY2029 Total gas-fired capacity 5,756.3 Source: Occto, Argus * Sending end capacity Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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APLNG's Jan-Mar output higher: Origin


30/04/24
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30/04/24

APLNG's Jan-Mar output higher: Origin

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Taiwan's scrap imports fall in March as demand slows


30/04/24
News
30/04/24

Taiwan's scrap imports fall in March as demand slows

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Pemex fuel output surges, imports down in March


29/04/24
News
29/04/24

Pemex fuel output surges, imports down in March

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Norway's marine bio mandate ineffective: Marine market


29/04/24
News
29/04/24

Norway's marine bio mandate ineffective: Marine market

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