Executive Summary
On June 18th, 2026, two resolutions were published in the Federal Official Gazette that reshape how companies holding generation permits under the prior law obtain and pay for their electricity.
The first, issued by the Ministry of Energy, opens a voluntary procedure to migrate self-supply and cogeneration schemes to the figures of the new Electricity Sector Law. The procedure runs between June 19th, 2026, and October 6th, 2028, yet the application to take part must be filed within short windows during 2026, as detailed in the dates section.
The second, issued by the National Energy Commission, approves a new methodology to calculate the cost each permit holder pays to transmit its energy over the grid of the Federal Electricity Commission, replacing the preferential rate in force since 2010 and taking effect on October 19th, 2026.
The model that allowed large consumers to secure electricity at a lower cost no longer holds under its current terms. For that reason, every company with a permit or contract under the prior law must decide soon whether to migrate or remain, because registration of interest closes on September 18th, 2026, and the application closes on October 16th, 2026.
How the Migration Works
Migration is voluntary. A company that does not apply keeps its permit until it expires, under the terms it was granted. A company that chooses to migrate moves its permit to one of the figures of the new law, including self-consumption, qualified user, basic supply with the Federal Electricity Commission (“CFE”), or participation as a generator in the electricity market. Migration is total and definitive: it means giving up the prior permit and transferring the entire capacity.
The process is handled through a single digital window. The authority offers a simplified procedure, with no government fees and, where the scheme already holds an interconnection contract, no additional studies or works, provided that the plant capacity is not increased and its facilities are not modified. Renewable energy plants may also add an energy storage system to the permit they migrate.
The New Transmission Cost
Transmitting energy from the plant to the point of consumption has a cost, because that energy travels over the grid of CFE. Since 2010, that cost was charged through a fixed, preferential rate, known in the sector as the “porteo estampilla” or “postage stamp” rate, that made self-supply schemes based on renewables and cogeneration attractive.
The new methodology removes that preferential rate and replaces it with a charge based on the actual costs of the system. Because that preferential rate was created in 2010 to promote renewables and cogeneration, the transmission cost is expected to rise for permits under the prior law.
How the Two Resolutions Connect
The two resolutions operate together. The new transmission cost applies, in principle, as of October 19th, 2026. As an exception, the prior rate is kept until October 6th, 2028, by a company that meets two conditions: (i) its interconnection contract and transmission agreement have a term extending beyond that date; and (ii) it begins the migration in time. That preferential treatment ceases if the migration is not completed, if the project obtains enabled status, or if it starts operating in the market. A company that does not meet both conditions becomes subject to the new cost as of October 19th, 2026. The migration is voluntary, and at the same time the new transmission cost works as a direct incentive to carry it out.
Who Benefits and Who is Affected
Those who benefit include the CFE, which recovers revenue it previously did not fully recover; participants already operating in the market, since the cost advantage of the prior schemes disappears; and companies that migrate in time, which gain legal certainty, keep the preferential rate during the transition, and may add storage.
Those affected include holders of self-supply and cogeneration permits and their consuming partners, whose energy cost increases; generators that sold to these schemes, which will need to renegotiate their contracts; and projects financed on the basis of the preferential rate, which will face pressure on their cash flows.
Key Dates
- June 19th to September 18th, 2026. Period to register the statement of interest, a prerequisite to apply for migration.
- September 21st to October 16th, 2026. Period to file the migration application.
- October 19th, 2026. The new transmission cost takes effect.
- October 6th, 2028. The migration procedure concludes and, for those who meet the conditions, the preferential rate period ends.
Recommendations
i) Review the current position: the existing figure, the expiration date of the permit and the agreement, and the actual exposure to the new transmission cost.
ii) Compare both scenarios with numbers, migrating or remaining, taking into account the value of the preferential rate period.
iii) Watch the calendar. Registration of interest closes on September 18th, 2026, and the application on October 16th, 2026; in addition, the preferential rate is preserved only if the contract has a term extending beyond October 6th, 2028, and the migration is started in time.
iv) Choose the target figure carefully, because self-consumption, qualified user, basic supply, and market generation carry different cost and risk profiles.
v) Review and renegotiate supply contracts and partnership agreements, which were agreed on the basis of the prior rate.
vi) Assess, where a solid argument exists, whether to defend vested rights through legal channels, in parallel with the migration.
vii) Remaining without migrating may also be the right choice for a company with a permit close to expiring or with numbers that remain favorable. The answer depends on each case.
Conclusion
These two resolutions close the chapter of self-supply with a preferential transmission rate and steer large consumers toward the framework of the new law. The relevant decision is one of business and timing, rather than a purely legal one. Every company with a permit or contract under the prior law must define its path before October 2026, and the greatest value lies in a case-by-case assessment and in renegotiating the contracts in force.
We remain at your disposal for any questions or specific advice you may require in connection with the matters addressed in this Client Alert.
