BRAZIL Law and Practice Contributed by: Débora Yanasse, Bruno Salzano, Luisa Tortolano Barreto and Julia Braga, Tauil & Chequer Advogados in association with Mayer Brown
developer may either request that the guarantee be returned (and the access opinion annulled) or maintain it until execution of the connection agreements in order to be granted access to the grid. CCEE Governance Modifications CCEE Governance Modifications (Decree No 11,835/2023) establishes the new governance structure of the CCEE by modifying the com- position of the board of directors and the board of officers. The CCEE board of directors is now composed of eight members, four of whom are appointed by the MME, including the chairman of the board. The other four are appointed by representatives of the production, distribution, commercialisation, and consumption sectors, with one member per sector. Additionally, the administration of the CCEE will now also be car- ried out by a board of officers composed of up to six officers, with the MME also appointing the chairman of the board. The CCEE Trade Conven- tion was further amended by ANEEL Normative Resolution No 1,087/2024 to incorporate the changes made by the decree. Law No 14,120/2021 Extension of the deadline for the implementa- tion of projects affected by Law No 14,120/2021 (Provisional Measure No 1,212/2024) establishes that certain renewable energy projects that are subject to discounts on connection fees and that were subject to a 48-month deadline for commer- cial operation may request a 36-month extension (totalling an 84-month deadline), provided that such request complies with the requirements of Provisional Measure No 1,212/2024, including the submission of a performance bond. Provi- sional Measure No 1,212/2024 also provided for the anticipation of debts from the privatisation of Eletrobras in order to reduce the energy bills of final customers. Although Provisional Meas-
ure No 1,212/2024 expired on 7 August 2024, ANEEL still granted a 36-month extension to 601 projects that satisfied the legal requirements in time. Conditions for the Extension of Certain Power Distribution Concessions Decree No 12,068/2024 regulated the distribu- tion concession renewal for concessions grant- ed based on Law No 9,074/1995, which were not subject to prior renewal. Eligible concessions may be renewed once for up to 30 years, subject to the granting author- ity’s discretion and the concessionaire’s accept- ance of revised contractual conditions. Renewal depends on the concessionaire’s performance during the preceding five years – it must have complied with continuity-of-supply standards (measured by the frequency and duration of out- ages) for at least three consecutive years and must not have breached its economic-financial sustainability obligations for more than two consecutive years (the latter will be assessed only from 2021 onward). If either requirement is not met, the concession may still be renewed provided the concessionaire injects the capital specified in the amendment within 90 days of execution. The amendment will be null in case of default. The concessionaire must file its renewal request and supporting documentation with ANEEL at least 36 months before the concession expires. ANEEL must forward its recommendation to the MME no later than 21 months before expi- ration, and the MME must publish its decision at least 18 months before that date. If renewal is approved, the amendment must be signed within 90 days.
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