Check out the August 2026 edition of our Energy Newsletter

Editorial In August 2026, the Brazilian Electric Energy Agency (“ANEEL”) analyzed matters related to the regulatory process for defining criteria applicable to the extension of concessions and the expansion of hydroelectric plants, the classification of distributed generation projects, and transmission access for projects participating in the 2026 Reserve Capacity Auction (“LRCAP 2026”). In the transmission […]
Pole sharing: regulation of the matter advances at ANEEL

In August 2026, the National Electricity Agency (“ANEEL”) resumed the discussion on pole sharing between power distribution companies and telecommunications services. The matter is currently regulated by Joint Resolution No. 4 of December 16, 2014, issued jointly by ANEEL and the Brazilian National Telecommunications Agency (“ANATEL”), and it has been undergoing an update process since […]
Stored Potential: the legal architecture of battery energy storage in Brazil

Battery Energy Storage Systems (BESS) are transforming the Brazilian electricity sector, creating new investment opportunities and business models. To navigate this evolving landscape, we have prepared a comprehensive whitepaper that analyzes the legal and regulatory architecture for this technology in Brazil. Check the material:
Energy Newsletter – July 2026

Highlights of the month In July 2026, the electricity sector was marked by new regulatory developments involving generation, transmission access, distribution and energy trading. In the generation segment, the Ministry of Mines and Energy (“MME”) regulated the compensation mechanism for generation curtailments affecting wind and solar power plants, as provided for in Federal Law No. […]
Decree regulates the opening of the electricity market for group B consumers

On 12 August 2026, Decree No. 13,097/2026 (“Decree”) was issued, regulating the opening of the free energy market to consumers supplied at voltages below 2.3 kV. The Decree provides for the free choice of electricity supplier from 25 November 2027, for industrial and commercial consumers, and from 25 November 2028, for all other consumers, and […]
MME establishes guidelines for the compensation of wind and solar generation curtailment events occurring between 2023 and 2025

On July 21, 2026, the Ministry of Mines and Energy (“MME”) published Normative Ordinance MME No. 140/2026 (“Ordinance”), which sets out the guidelines for the operationalisation of the compensation for costs arising from generation curtailment of wind and solar power plants, occurring between September 1, 2023 and November 25, 2025, pursuant to article 1-B of […]
ANEEL opens Public Consultation on the tender notices for the first storage auctions in the electricity sector

On 28 July 2026, the Brazilian Electric Energy Agency (“ANEEL”) approved the opening of public consultations on the draft tender notices for Auctions No. 5/2026 and No. 6/2026, both aimed at the contracting of power capacity from new Battery Energy Storage Systems (“BESS”) (the “Storage LRCAP”). The auction represents a milestone for the sector: it […]
Energy Transition Newsletter: MME and ANP drive sector developments in May and June 2026

Editorial During May and June 2026, the renewable energy sector was characterised by initiatives aimed at developing new technologies and broadening the institutional base for the energy transition in Brazil. In this context, the Ministry of Mines and Energy (“MME”) appointed the members of the Executive Committee of the National Geothermal Energy Programme, which is […]