BRAZIL Law and Practice Contributed by: Débora Yanasse, Bruno Salzano and Luisa Tortolano Barreto, Tauil & Chequer Advogados in association with Mayer Brown
Distributed Generation Law The Distributed Generation Law (Law No 14,300/2022) established the new distributed generation legal frame- work and redefined the corresponding net metering rules. It also provided the transition process from the prior distributed generation regime set by ANEEL Nor- mative Resolution No 482/2012 (recently revoked by ANEEL Normative Resolution No 1,059/2023). New Distributed Generation Regulation The New Distributed Generation Regulation (ANEEL Normative Resolution No 1,059/2023) regulates the new rules established by the Distributed Genera- tion Law. It revoked ANEEL Normative Resolution No 482/2012 (prior distributed generation regula- tion) and amended ANEEL Normative Resolution No 1,000/2021 (which establishes general conditions for power supply to consumers by utilities). Legal Framework for Offshore Power Generation The Legal Framework for Offshore Power Generation (Decree No 10,946/2022) established the first frame- work for offshore power generation. In January 2025, Law No 15,097 was published, establishing a legal framework for offshore power generation, providing two regimes through which the areas will be assigned: (i) the permanent offer proceeding, which is initiated upon the request of the interested parties and granted by means of authorisation; and (ii) the planned offer proceeding, in which the federal government assigns offshore areas on which the interested parties can bid, granted by means of concession. In any case, the authorisation or concession for use of the off- shore area will be followed by ANEEL’s authorisation to implement the power generation project. Bidding and Term Extension of Existing Power Transmission Concessions Bidding and Term Extension of Existing Power Trans- mission Concessions (Decree No 11,314/2022) estab- lishes a new bidding process as a general rule for expiring transmission concessions agreements. The extension of a transmission concession’s term may occur exceptionally and at the sole discretion of the MME when the bidding process is deemed (i) unfea- sible; or (ii) detrimental to the public interest. From 2025 and, more intensely, between 2030 and 2042, 170 transmission concessions will reach their respec-
tive contractual terms, according to data made avail- able by the MME. IPP Authorisation Issuance Procedures for Power Plants IPP Authorisation Issuance Procedures for Power Plants (ANEEL Normative Resolution No 1,071/2023) establishes a different mechanism for obtaining Inde- pendent Power Producer (IPP) Authorisation for wind, solar, thermal, hybrid and other alternative source power plants. The main innovations are: (i) that it is no longer necessary to provide a performance bond in order to obtain IPP Authorisation for wind power plants (as required under the previous regulation); and (ii) the execution of grid connection agreements has become a requirement for obtaining IPP Authorisation. IPP Authorisation Issuance Procedures for Hydropower Plants up to 50 MW IPP Authorisation Issuance Procedures for Hydro- power Plants up to 50 MW (ANEEL Normative Reso- lution No 1,070/2023) modifies ANEEL Normative Resolution No 875/2020 to establish that the criterion for classification as a PCH is exclusively having an installed capacity greater than 5 MW but less than or equal to 30 MW (under the previous regulation, a maximum reservoir area of 13 km² was also required, CCEE Governance Modifications (Decree No 11,835/2023) establishes the new governance struc- ture of the CCEE by modifying the composition 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, distri- bution, commercialisation, and consumption sectors, with one member per sector. Additionally, the admin- istration of the CCEE will now also be carried 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 Convention was further amended by ANEEL Normative Resolution No 1,087/2024 to incor- porate the changes made by the decree. but this is no longer applicable). CCEE Governance Modifications
59
CHAMBERS.COM
Powered by FlippingBook