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Why should the energy sector negotiate instead of sue?

This strategy was proposed to the energy corporations by the litigation law firms that advise the business chambers, without calculating these costs or the chances of success, weighing the legal paths that the president has to defend himself against his arguments.

Today it is likely that as proof of success they offer the ruling of the Supreme Court of Justice of the Nation, which rejected to strip solar and wind energy companies of the first place they occupy to have access to the electricity distribution network of the Federal Electricity Commission, to replace CFE’s own hydroelectric plants, with their clean energy, but not as much as that of the former.

However, it is important that companies listen to other voices once this resolution deals with the field of the Federal Competition Commission (CFC), which brought the constitutional controversy before the SCJN, which is why the principle of energy security was not judged , axis of the preferential initiative of López Obrador.

This concept implies the government’s obligation to ensure that there is a flow of energy for everyone in the country and without any nation being able to make its supply dependent on Mexico accepting its conditions.

Conserving solar and wind energy in the first place, as up to now, prevents the supply from being guaranteed because it is intermittent sources, in addition to the fact that several companies that produce it have their origin in other countries.

It is audacious, to say the least, that the firms consider that if it becomes law the initiative will be declared unconstitutional by the SCJN, despite the fact that the Federal Government puts the concept of energy security on the table and that international panels will decide that Mexico violates treaties such as the North American Free Trade Agreement (T-MEC), when it argues for national security reasons.

But assuming that López Obrador foresees this, he will still have as a last resort to launch in this session a constitutional reform that covers the entire energy sector, before the electoral process of next June puts at risk the majority qualified with the that he counts thanks to the parties that support him in Congress.

For this reason, it is imperative that the sector do what it should have from the beginning: listen to ethical lobbying professionals and use negotiation as the first tool that organizations have to handle a political crisis, instead of using the last tool that is the litigation.