With the obtaining of this protection, the measures contained in both documents are rendered invalid. That is, nothing of the content may be carried out by the agencies in charge of energy policy in the country.
The court ruled that the Cenace agreement is not valid, since the measures contained in the document should have been published by the Energy Regulatory Commission (CRE), the electricity market regulator. Regarding the reliability policy, it was rendered invalid because the Sener did not follow all the regulatory improvement procedures and published it via fast track in the Official Gazette of the Federation.
Greenpeace submitted the request for protection since May 25, arguing that the federal government measures violate the human right to a healthy environment.
“We distance ourselves from the interests of the companies. We do not present competitive arguments, like companies, they claim that they close the market, commercial interests, investment closure. We appeal to the human right to a healthy environment, ”said María Colín, a Greenpeace lawyer, in a recent interview.
The federal government published both measures at the beginning of the coronavirus pandemic in the country, arguing that renewable plants violate the reliability of the national electricity system in the midst of a crucial moment, such as the health emergency.
The publication also came after the federal government consistently complained about the impact the new plants have had on the operation of the power system and on the CFE’s market share in the generation market.
Among other things, the Cenace agreement suspended the pre-operational tests necessary for the entry into operation of new wind and solar plants.
Sener’s policy went further, the highest body in charge of energy policy intended to give more powers to the CFE and modify the order in which the plants dispatch energy to the electricity grid, in order to favor the plants of the national electricity company.
Greenpeace also submitted a request for protection to stop the Energy Sector Program, which also includes a greater use of fossil fuels. But so far, there is still no final resolution on this.