BRAZIL Law and Practice Contributed by: Débora Yanasse, Bruno Salzano, Luisa Tortolano Barreto and Julia Braga, Tauil & Chequer Advogados in association with Mayer Brown
the demand is the ONS, which is a non-profit private entity comprised of generation, transmis- sion, distribution, importation and exportation companies and free customers. The primary role of the ONS is to co-ordinate and regulate the generation and transmission operations in the SIN, subject to ANEEL’s regu- lation and supervision. The main responsibilities of the ONS include, among others: • operational planning for the generation indus- try; • organising the use of the SIN and internation- al interconnections; • ensuring that industry participants have access to the transmission network in a non- discriminatory manner; • proposing plans to the MME for extensions of the SIN; and • formulating regulations regarding the opera- tion of the transmission system, subject to ANEEL’s approval. The MME is responsible for planning the expan- sion of the electricity system, with the support of the EPE and ONS, and it determines direc- tives by which ANEEL conducts generation and transmission auctions. The market operator that oversees and manages the electricity trade is the CCEE, which is also a non-profit private organisation comprised of generators, distributors, traders and consumers. The CCEE is responsible for comparing the actu- al measurements of electrical energy consump- tion and generation with the agent’s respective agreements for the purchase and sale of energy, and for calculating the settlement price differ-
ence ( Preço de Liquidação de Diferenças or PLD). Other of the CCEE’s main responsibilities include: • collecting measurement data for generation • conducting regulated auctions for the supply of power distributors or for back-up reasons; • conducting competitive procedures for the sale of energy surplus by power distributors; and • managing sectoral funds. 1.6 Recent Changes in Law or Regulation There have been several material changes in the laws and regulations of the power industry over the past few years. Foreign Exchange Law and consumption; • registering PPAs; The Foreign Exchange Law (Law No 14,286/2021, which came into effect on 30 December 2022) revoked Decree-Law No 857/1969 and express- ly authorised the contractual parties to stipulate the foreign currency indexation in agreements (eg, PPAs) entered into between exporters and holders of concessions, permissions, authori- sations or lessees in infrastructure sectors (eg, power companies). Distributed Generation Law The Distributed Generation Law (Law No 14,300/2022) established the new distributed generation legal framework and redefined the corresponding net metering rules. It also provid- ed the transition process from the prior distrib- uted generation regime set by ANEEL Normative Resolution No 482/2012 (recently revoked by ANEEL Normative Resolution No 1,059/2023).
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