Therefore, it is not necessary to amend the Constitution so that the CFE can carry out the acquisition of power plants, since such acquisitions are already part of its business, economic, industrial and commercial activities.
Therefore, the foregoing rather suggests that they would be forced purchases by constitutionally modifying the market percentage that the Mexican State seeks to have (54%) in electricity generation activities.
That is, what the constitutional reform to be presented this September (and which of course will be announced in the month of the anniversary of the Independence of Mexico), is that the percentage of generation in private hands, which is higher to that 54%, it becomes contrary to the percentage allowed by the Constitution, in such a way that they have to be sold to the CFE?
Make no mistake, if this is the case, it would be indirect expropriations, regulated and sanctioned by international treaties on investment protection.
Now, regardless (how ironic) of international treaties, what will be a matter of national judicialization is that the constitutional reform cannot go against other constitutional principles, such as the principle of non-retroactivity, so if that is the However, none of the projects that have been developed in Mexico prior to that reform can be subject to the constitutional reform of 2021, because when they were financed, developed, built and operated, the activities were not subject to any national percentage.
We will see legislative discussions that may change even the commas.
Of course, there is a lot of damage that regulatory and administrative paralysis has done to many private generation projects. They can change as many Executive Secretaries of the Energy Regulatory Commission that they want, as long as the ideology is the same, nothing will change.
Since 2019 I have called and coined that intention as the “Corral Theory”, where cattle are strategically taken from corral to corral, until they have no other option than to enter the last corral that inevitably takes them to the slaughterhouse.