The Supreme Court of Justice of the Nation (SCJN) approved the disclosure of the contracts entered into by 28 companies and the prices at which the State of Mexico obtains electricity for the state of Baja California in 2022. The highest court rejected that the trade diffusion The agreements violate national security, which can affect the electricity market and cause collusion between companies to increase the cost of energy to take care of emergency cases.
By eight votes to three, the project presented by Minister Loretta Ortiz Ahlf was rejected because the arguments of the Legal Department of the Federal Executive Branch (CJPEF) were insufficient and no evidence was presented of the damage it would cause in the electricity industry or the national disclosure of prices where it contracts in 2022.
The Minister Juan Luis González Alcántara maintains that there is no evidence that the disclosure of the contracts and the prices at which the energy is obtained “could cause, for example, a disproportionate increase in prices” nor that it “has a negative impact on the reliability of the electricity system, which could cause a risk to national security.”
Meanwhile, Minister Alfredo Gutiérrez Ortiz Mena, in addition to voting against the restriction on the delivery of data ordered by the National Institute of Transparency, Access to Information, and Protection of Personal Data (Inai) in relation to the information held by the National Energy Control Center (Cenace),.
Similarly, he pointed out: “Regarding the economic argument and the possibility of corruption of energy sellers, for me, it is a problem of economic competition and not of India.”
At that time, Minister Jorge Mario Pardo Rebolledo voted against keeping information on contracts and prices obtained confidential, although he acknowledged that “history has shown that it is not covered by the need for electrical energy (per year for the state of Baja California) and therefore it is necessary to make emergency purchases to cover the necessary supply.”
He said that emergency protocols have been proposed every year since 2019 and that “if it is established that in the coming years there may be a lack of electrical energy in this region, I don’t think it is a reason to reserve. electricity price information.” “the contracts, and that in any case, when they are created, the conditions and reasons that are somehow different from those created in previous situations must be seen.”
The ministers Norma Lucía Pia Hernández and Margarita Ríos Farjat, as well as the ministers Javier Laynez Potisek and Alberto Pérez Dayán, agreed that the Constitution, in its sixth article, states that part of the documents held by any state agency is the principle of maximum publicity, and also voted against maintaining the confidentiality of disputed data.
After it became clear that eight of the ten other vestments that make up the Plenary Session of the Court will vote against his project, Minister Loretta Ortiz Ahlf stated: “The contracts, including their prices, come from the emergency corrective protocols and arise for the reasons of the exceptional situation to avoid and reduce as much as possible the loss of electricity in the State of Baja California, a situation that is recurring and will continue to do so based on the statistics reported by Cenase.”
The purpose of the project, which proposes to maintain the confidentiality of the requested data for five years, is that “the State has no obstacles to the restoration of the National electrical system because the electricity is not stored and the authorities must go to auction and Those The conditions of the auction are subject to change when the prices are known.
It is necessary, he explained, that the state does not encounter obstacles to restore the electricity system to a normal operating condition and guarantee the supply of electrical energy necessary for the satisfaction of other public services.
Ortiz Ahlf’s project is supported by ministers Lenia Batres Guadarrama and Yasmin Esquivel Mossa.
Batres mentioned that the national electricity system must be safe and efficient, and “it is a matter of national security that the country has a public energy transmission and distribution service under the supervision of the state that ensures the permanent safety standards, its delivery efficiency. , reliability, quality, and special maintenance.”
In turn, Esquivel Mossa said: “The delivery of the necessary contracts will pose a risk to national security because the actions of Cenase are in accordance with the corrective protocol of the management of power contracting in the event of an emergency, essential to maintaining the integrity. stability, and continuity of the electricity supply service that occurs in the peninsula of Baja California, which has a strategic and priority nature for the population, so the knowledge of the prices may negatively affect the realization of the future corrective protocols of that federal entity.