A federal judge stopped, for now, the fine of 9 thousand 145 million 388 thousand 400 pesos that the Energy Regulatory Commission (CRE) imposed last May on the company Iberdrola, which it accuses of selling electricity improperly.
According to an AFP report, the judge said that it should be studied whether the company is in a position to pay the fine.
“By individualizing the case, it will be possible to study based on evidence and not mere affirmations, if the complainant (Iberdrola) is in a position to guarantee it,” he says.
The suspension was granted on July 13 by a District Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications.
The regulatory body determined in May that Iberdrola Energía Monterrey, SA de CV, violated Article 40 of the Public Electric Power Service Law, a rule repealed in 2014 after Congress approved the secondary laws of the electricity reform promoted by then-President Enrique Peña Nieto.
This article established that the authorities would fine “anyone who sells, resells or, by any other legal act, disposes of capacity or electrical energy, except in the cases expressly permitted by this Law.”
The resolution of the CRE indicates that the sanction “is fundamentally aimed at people who need to generate electricity to self-supply, acquire the habit of observing and respecting the provisions that the LSPEE establishes for this purpose.”
The FINE of the CRE against Iberdrola is a new episode of the government of Andrés Manuel López Obrador for getting the State to have more control of the electricity industry. He sought that goal through a constitutional reform, although this was rejected by the Chamber of Deputies, where he did not reach a qualified majority.
However, the president has managed to keep his changes to the current Electricity Industry Law firm, which favor the CFE over private companies in the sector.
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