La Jornada – SCJN approves disclosure of Mexican state contracts on electric energy

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La Jornada - SCJN approves disclosure of Mexican state contracts on electric energy

Mexico City. The country’s Supreme Court (SCJN) approved the disclosure of the contracts signed with 28 companies and the prices at which the Mexican state acquired electricity for the state of Baja California in 2022. The Supreme Court ruled the proliferation of trade agreements violate national security, which could affect the electricity market and lead to collusion between companies to raise energy costs to deal with emergency cases.

By eight votes against three, the project presented by Minister Loretta Ortiz Ahlf was rejected, noting that the arguments of the Legal Department of the Federal Executive Branch (CJPEF) were inadequate, and that no evidence of the harm it would cause was presented. Was. power industry. National disclosure of the prices with which contracts are concluded in 2022.

Minister Juan Luis González Alcantara said there was no evidence that disclosing contracts and the prices at which energy was acquired “could, for example, lead to a disproportionate increase in prices” nor would it have a “negative effect”. Would impact “the reliability of the power system, which would pose a threat to national security.”

Meanwhile, Minister Alfredo Gutiérrez Ortiz Mena voted against restricting the distribution of data in accordance with the order of the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) regarding information held by the National Energy Control Center. (Sinesse).

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Similarly, he pointed out: “With regard to the economic argument and the possibility of corruption of energy sellers, it seems to me that this is a problem of economic competition, not of Inai.”

At the time, Minister Jorge Mario Pardo Rebolledo voted against keeping confidential the information obtained on contracts and prices, although he acknowledged that “historically it has been shown that it is covered by the (annual) demand for electrical energy for the state.” of Baja California) and therefore it is necessary to make emergency purchases to cover essential supplies.”

He said emergency protocols have been proposed every year since 2019 and “if it can be established that there could be a shortage of electrical energy in the region in the coming years, it seems to me that there is no reason to reserve them.” Are not made.” Information on electricity prices.

Ministers Norma Lucía Pia Hernández and Margarita Ríos Farjat, as well as Ministers Javier Láinez Potísek, Alberto Pérez Dayan agreed that the Constitution, in its sixth article, states that with respect to documents held by any state agency, there shall be maximum publicity. principle, and also voted against maintaining the confidentiality of the data in dispute.

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After it became clear that eight more of the ten members attending the Court’s plenary session would vote against her project, Minister Loretta Ortiz Ahlf indicated: “The contracts, including their prices, are derived from the Emergency Corrective Protocol. , and arise to cause an extraordinary situation to avoid and reduce as much as possible power outages in the state of Baja California, a situation that is occurring repeatedly, and to do so based on the data reported by Cénez will continue.”

The purpose of the project, which proposed maintaining the confidentiality of the requested data for five years, was that “the State will not be hindered in restoring the national electricity system, because the electricity is not stored and the authorities have to go to auctions and they The terms of the auction may be changed if the prices are known.

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It is essential, he explained, that the State does not face obstacles in restoring the electrical system to normal operating condition and guaranteeing the supply of electrical energy necessary for the satisfaction of other public services.

Ortiz Ahlaf’s project was supported by ministers Lenia Batres Guadarrama and Yasmin Esquivel Mosa.

Batres noted that the national electricity system must be secure and efficient, and “It is a matter of national security that the country has a state-led public energy transmission and distribution service that ensures sustainable standards of security, efficiency in its transmission ” , Reliability, quality and exceptional consistency.

In turn, Esquivel Mosa said: “The delivery of essential contracts will pose a risk to national security, since Cenez’s action, in accordance with the corrective protocol to manage electricity contracts in case of emergency, is necessary to maintain integrity, The stability and continuity of the electric energy supply service occurring in the Baja California Peninsula, which has a strategic and priority nature for its population, therefore the knowledge of prices could have a negative impact on the realization of future corrective protocols in that federal entity.

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