SENER invalidates decrees that modified guidelines for Clean Energy Certificates

Galicia - On March 12, 2024, the Ministry of Energy ("SENER") published, on the Official Federal Gazette, the resolution by which it invalidates the decrees that modified the guidelines that established the requirements for the granting of Clean Energy Certificates ("CELS")1 originally issued by SENER. These decrees allowed the granting of CELS to clean power plants that commenced their operations prior to 2014 -mostly owned by the Federal Electricity Commission- without the need to undertake new investments to increase their clean energy production.

SENER invalidated the aforementioned decrees due to the fact that, in an amparo claim, the First District Judge in Administrative matters, specialized in Antitrust, Broadcasting and Telecommunications matters, granted the plaintiffs the amparo because he considered that the decrees violated their fundamental right to a healthy environment and antitrust principles set forth in the Federal Constitution. The Judge’s first-instance ruling was appealed by SENER but the Collegiate Circuit Court that ruled on the appeal confirmed the Judge’s ruling.

As part of the amparo ruling, SENER was ordered to invalidate the decrees and reestablish the 2014 guidelines that determined the requirements for the granting of CELS. Should you have any additional questions or comments, we are at your service.