Brazilian Electric Sector: what changed in January and February 2026

January and February 2026 concentrated significant developments in the Brazilian electric sector: ANEEL approved the notices for the 2026 Capacity Reserve Auctions (LRCAP), advanced in the digitization of networks with the publication of Normative Ordinance No. 126 and the opening of Public Consultation No. 1/2026 on measurement systems, and ratified the new Bylaws of the Energy Trading Chamber (CCEE), initiating a new governance cycle. 

Our specialists highlight: 

  • ANEEL approved the notices for the 2nd and 3rd LRCAP, to be held in March 2026: the 2nd will contract energy from hydroelectric, natural gas, and coal-fired power plants; the 3rd will negotiate energy generated by diesel, fuel oil, and biodiesel power plants — with new price caps approved on February 13. 
  • On January 20, ANEEL granted an ex officio precautionary measure to suspend, for a period of 90 days, financial compensation due to wind and solar photovoltaic generators as a result of constrained-off events, in compliance with Law No. 15,269/2025, while the compensation framework is defined under MME Public Consultation No. 210/2025. 
  • ANEEL published Technical Note No. 03/2026, updating the regulation proposal of Battery Energy Storage Systems (BESS) within the scope of Public Consultation No. 39/2023, to incorporate the impacts of Law No. 15,269/2025: inclusion of BESS within ANEEL’s regulatory scope, apportionment of battery capacity reserve costs among generators, and inclusion of BESS in REIDI. 
  • ONS announced that requests for permanent access to the Basic Network will be accepted until May 29, 2026; after that date, requests must be made exclusively through the Access Seasons. Registration for the 1st Access Season will be open between June 1 and 15, 2026. 
  • The MME published Normative Ordinance No. 126, requiring distributors to install smart metering systems in at least 2% of consumer units per year for a period of 24 months, in parallel with ANEEL’s Public Consultation No. 1/2026 on the modernization of measurement systems, with a contribution deadline of March 16, 2026. 
  • ANEEL ratified the new CCEE Bylaws, which, among other aspects, establish a new process for evaluating members of the Boards and Executive Board conducted by an independent consultant, and formalize the Market Security and Monitoring structure with its own budget and autonomous operation. 

Read the full report:

This newsletter provides information about legal developments in Brazil to clients and members of Cescon, Barrieu, Flesch & Barreto Advogados. The content included herein is not meant to provide legal advice with respect to any specific matter. We do not undertake to update, supplement or modify the information contained herein.

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