Agreement Determining the Mechanism for Setting Final Basic Supply Electricity Tariffs for the Indicated Period Due to the Declaration of Natural Disaster for Severe Rain, Strong Winds, and Flooding on October 24 and 25, 2023

DOF: 21/12/2023

AGREEMENT determining the mechanism for setting final basic supply electricity tariffs for the indicated period, due to the "Declaration of Natural Disaster due to the occurrence of severe rain, strong winds, fluvial and pluvial flooding on October 24 and 25, 2023".

On the margin a seal with the National Shield, which says: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.

AGREEMENT 176/2023

AGREEMENT DETERMINING THE MECHANISM FOR SETTING FINAL BASIC SUPPLY ELECTRICITY TARIFFS FOR THE INDICATED PERIOD, DUE TO THE " DECLARATION OF NATURAL DISASTER DUE TO THE OCCURRENCE OF SEVERE RAIN, STRONG WINDS, FLUVIAL AND PLUVIAL FLOODING ON OCTOBER 24 AND 25, 2023 " .

ROGELIO EDUARDO RAMÍREZ DE LA O, Secretary of Finance and Public Credit, based on articles 139, second paragraph of the Electric Industry Law; 31 of the Organic Law of the Federal Public Administration, and in the Single Article of the "Agreement authorizing the Secretariat of Finance and Public Credit to establish the mechanism for setting final basic supply electricity tariffs", published in the Official Gazette of the Federation on November 30, 2017; and

CONSIDERATIONS

That Article 139, first paragraph of the Electric Industry Law establishes that the Energy Regulatory Commission will apply the methodologies to determine the calculation and adjustment of regulated tariffs, the maximum tariffs of last resort suppliers and the final tariffs of basic supply;

That Article 139, second paragraph of the Electric Industry Law provides that the Federal Executive may determine, by means of an Agreement, a mechanism for setting tariffs different from that of the final tariffs determined by the Energy Regulatory Commission, for certain groups of basic supply users;

That through the "Agreement authorizing the Secretariat of Finance and Public Credit to establish the mechanism for setting final basic supply electricity tariffs", published in the Official Gazette of the Federation on November 30, 2017, the Federal Executive established that the Secretariat of Finance and Public Credit may determine a mechanism for setting final basic supply electricity tariffs different from that established by the Energy Regulatory Commission;

That through Agreement 123/2017 "Agreement authorizing final basic supply electricity tariffs for domestic users", published in the Official Gazette of the Federation on November 30, 2017 and modified through Agreement 134/2018 published in the cited official dissemination body on December 28, 2018, the Federal Executive, through the Secretariat of Finance and Public Credit, decided to undertake the conducive actions to help the economy of Mexican families by allowing them access to electricity at affordable prices through the publication of final basic supply electricity tariffs for domestic use;

That through Agreement 124/2017, "Agreement authorizing final basic supply tariffs of stimulus 9-CU and 9-N", published in the Official Gazette of the Federation on November 30, 2017, the Secretariat of Finance and Public Credit, established tariffs for agricultural producers to increase the productivity and competitiveness of that sector;

That through Agreement 125/2017 "Agreement authorizing final basic supply tariffs of aquaculture stimulus", published in the Official Gazette of the Federation on November 30, 2017, the Secretariat of Finance and Public Credit, maintained the stimulus tariff scheme that has been applied to aquaculture producers in the country, to continue promoting the productivity and development of their activities, so that they are more competitive;

That through Agreement A/053/2022 published in the Official Gazette of the Federation on February 10, 2023 "Agreement by which the Energy Regulatory Commission authorizes the calculation and adjustment of final tariffs that will apply individually to the Productive Subsidiary Company CFE Basic Services Supplier from January 1 to December 31, 2023", the Energy Regulatory Commission issued the methodology to determine the calculation and adjustment of final tariffs that the Productive Subsidiary Company CFE Basic Services Supplier would apply during the tariff period corresponding to the year 2023;

That on October 30, 2023 the "DECLARATION of Emergency (Agreement establishing an emergency situation) due to the occurrence of severe rain and strong winds on October 24, 2023 for the state of Guerrero" was published in the Official Gazette of the Federation;

That on November 2, 2023 the "DECLARATION of Natural Disaster due to the occurrence of severe rain, strong winds, fluvial and pluvial flooding on October 24 and 25, 2023 in 47 municipalities of the state of Guerrero" was published in the Official Gazette of the Federation;

That on November 3, 2023, the "CLARIFYING NOTE of the Declaration of Natural Disaster due to the occurrence of severe rain, strong winds, fluvial and pluvial flooding on October 24 and 25, 2023 in 47 municipalities of the state of Guerrero, published on November 2, 2023" was published in the Official Gazette of the Federation, through which the disaster zone is declared due to the occurrence of severe rain and strong winds on October 24, 2023 and pluvial flooding on October 25, 2023, for the municipalities of Acapulco de Juárez and Coyuca de Benítez of the state of Guerrero;

That through the "NOTICE of Termination of the Declaration of Emergency (Agreement establishing the termination of emergency situation) due to the occurrence of severe rain and strong winds on October 24, 2023 in 2 municipalities of the state of Guerrero", published in the Official Gazette of the Federation on November 09, 2023, the Declaration of Emergency (Agreement establishing the Termination of Emergency Situation) due to the occurrence of severe rain and strong winds on October 24, 2023, in the municipalities of Acapulco de Juárez and Coyuca de Benítez of the state of Guerrero is concluded;

That the "Decree granting various tax benefits to taxpayers of the affected zones indicated due to severe rains and strong winds during October 24, 2023", published in the Official Gazette of the Federation on October 30, 2023 and the diverse " Decree granting various tax benefits to taxpayers of the affected zones indicated, due to severe rains and strong winds during October 24, 2023", published in the same official dissemination body on December 13, 2023, indicate that the Natural Disaster occurred on October 24, 2023 in the state of Guerrero caused material damage affecting the economy, the productive plant and putting at risk the preservation of employment sources;

That it is the responsibility of the Federal Government to attend, with all resources it has, the emergency situation experienced by the inhabitants of the affected zones of the Municipalities of Acapulco de Juárez and Coyuca de Benítez of the state of Guerrero and contribute to the restoration of damages, as well as to the normalization of economic activity in the shortest possible time;

That in order to support the economy of the families of the municipalities of Acapulco de Juárez and Coyuca de Benítez of the state of Guerrero and at the same time contribute to the normalization of the economic activity of said region, the Federal Government considers it convenient to support the electricity users of the cited municipalities so that they have priority services such as electricity. In that sense, it is estimated necessary to apply the amount of zero pesos as final electricity tariff of Basic Supply that must be applied by basic suppliers that are permit holders according to the Electric Industry Law, during the months of October, November and December 2023 and January 2024, therefore I have seen fit to issue the following

AGREEMENT

FIRST ARTICLE. Basic services suppliers that are permit holders according to the Electric Industry Law must apply in the municipalities of Acapulco de Juárez and Coyuca de Benítez of the state of Guerrero, the amount of zero pesos as final basic supply tariff to electricity users for consumptions made in the months of October, November and December 2023 and January 2024.

SECOND ARTICLE. The Secretariat of Finance and Public Credit will interpret for administrative purposes what is provided in this Agreement.

TRANSITORY ARTICLES

FIRST. - This Agreement will enter into force the day following its publication in the Official Gazette of the Federation and will conclude its validity on January 31, 2024.

SECOND. - As of February 1, 2024 the valid final basic supply tariffs will be applied, in accordance with the following:

I. The final basic supply electricity tariffs for domestic users in accordance with what is established in "Agreement 123/2017 authorizing final basic supply electricity tariffs for domestic users", published in the Official Gazette of the Federation on November 30, 2017 and modified through "Agreement 134/2018 modifying the diverse authorizing final basic supply electricity tariffs for domestic users", published in the cited official dissemination body on December 28, 2018.

II. The final basic supply tariffs of stimulus 9-CU and 9-N in accordance with what is established in "Agreement 124/2017 authorizing final basic supply tariffs of stimulus 9- CU and 9-N", published in the Official Gazette of the Federation on November 30, 2017.

III. The final basic supply tariffs of aquaculture stimulus in accordance with what is established in "Agreement 125/2017 authorizing final basic supply tariffs of aquaculture stimulus", published in the Official Gazette of the Federation on November 30, 2017.

IV. For tariffs different from those mentioned in the previous sections, what is established in Agreement A/053/2022, "Agreement by which the Energy Regulatory Commission authorizes the calculation and adjustment of final tariffs that will apply individually to the Productive Subsidiary Company CFE Basic Services Supplier from January 1 to December 31, 2023", published in the Official Gazette of the Federation on February 10, 2023 or that which is issued for its application in the 2024 fiscal year for said effects will continue to be applied.

Mexico City, December 18, 2023. - The Secretary of Finance and Public Credit, Rogelio Eduardo Ramírez de la O. - Rubric.

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