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Energy and Natural Resources Newsletter | February 2026

March 6th, 2026

In order to keep our clients informed about the current landscape of the main energy and natural resources sectors in Brazil, we have prepared the Energy Newsletter, a monthly bulletin with the main news of the energy market.

This information channel is the result of the unification of our “Oil & Gas” and “Power” newsletters, designed in the context of the energy transition that is being targeted in Brazil, and prepared to be a complete source of information about the dynamic Brazilian energy market in the oil, natural gas, electricity and renewable energy sectors.

Enjoy reading!

This newsletter is for informative purposes only and does not constitute legal advice for any specific operation or business. For more information, please contact our team of lawyers.

 

– OIL AND GAS

  • HIGHLIGHTS

 

ANP updates minimum paid-in share capital for supply chain economic agents

On February 13, 2026, the Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels (ANP) approved ANP Resolution No. 994/2026, which updates prior regulations (ANP Resolutions Nos. 937, 938, 941, 942, 943, 950 and 957, all dated October 5, 2023) regarding the minimum paid-in share capital required for the following activities:

  • transporter-reseller-retailer (TRR);
  • fuel distribution;
  • liquefied petroleum gas (LPG, cooking gas) distribution;
  • solvent distribution;
  • finished lubricating oil (OLAC) production;
  • collection and rerefining of used or contaminated lubricating oil (OLUC).

Proving the minimum paid-in share capital through a Board of Commerce registry certificate is one of the requirements for obtaining authorization to engage in specific activities regulated by the ANP.

Find out more: ANP updates minimum paid-in share capital for supply chain economic agents

 

Public consultation and hearing approved on the revision of the rule governing the assignment of E&P contracts

On February 26, 2026, ANP’s Board of Directors approved a public consultation and hearing (Public Consultation and Hearing No. 01/2026) on revising ANP Resolution No. 785/2019, which provides for the assignment of oil and natural gas exploration and production (E&P) contracts.

According to the ANP, the review provides for the discontinuation of the Committee for the Evaluation of Partnership Proposals (CAPP) as part of the process of modernizing and simplifying regulatory governance. As a result, CAPP’s current responsibilities would shift directly to ANP’s technical departments involved in assignment processes, following procedures to be set out in a specific normative instruction.

The ANP further stated that the new resolution incorporates necessary improvements identified over more than five years of the current rule’s effectiveness, aiming to address gaps, clarify provisions, correct inconsistencies, and improve legal certainty in assignment processes.

The public consultation was initiated on February 19, 2026, with a contribution deadline of April 6, 2026 (45 days). The public hearing is scheduled for April 16, 2026, from 2:00 p.m. to 5:00 p.m.

Find out more: Public consultation and hearing approved on the revision of the rule governing transfers of E&P contracts

 

ANP to hold public hearing on OPP notice to include 15 new blocks

On February 23, 2026, the ANP announced a public hearing via videoconference to address updates to the Production Sharing Open Acreage (OPP) notice, including the addition of 15 new exploration blocks.

The hearing will be held on March 13, 2026, from 2 p.m. to 5 p.m.

According to the ANP, the update will increase the total number of blocks currently offered from 8 to 23, adding the following new blocks to those already listed in the current tender notice (Jade, Ágata, Amazonita, Safira Leste, Safira Oeste, Larimar, Turmalina, and Ônix): Cruzeiro do Sul, Rubi, Granada, Aragonita, Calcedônia, Cerussita, Malaquita, Opala, Quartzo, Rodocrosita, Siderita, Hematita, Magnetita, Calcita, and Azurita.

The ANP also reported that the public consultation phase was waived, as the review is limited to adding areas and updating technical-economic parameters, without changing the rules already established in the current notice.

The ANP clarified that all 15 areas to be included have valid joint statements from the Ministry of the Environment and Climate Change (MMA) and the Ministry of Mines and Energy (MME), and that the draft tender notice to be discussed at the hearing has already been approved by the MME. It should be noted that, in addition to the 15 blocks included in this update, three other blocks authorized by the National Council for Energy Policy (CNPE) – Mogno, Dolomita, and Limonita – will be incorporated in a future revision of the tender notice. Although the Mogno block already has a valid joint statement, it lies partially beyond Brazil’s 200-nautical-mile territorial limit, which requires adjustments to the tender notice rules to address the specific provisions applicable to such areas.

Those interested in making an oral statement at the hearing must apply by 6:00 p.m. on March 5, 2026, as per the tender notice rules.

In regard to advancing open acreage procedures in 2026, the hearing seeks to broaden the scope of exploration opportunities while maintaining regulatory certainty, procedural agility, and environmental safeguards, given that the added areas have already undergone the required inter-ministerial review to become available.

Find out more: ANP to hold public hearing on OPP notice on the 13th

 

ANP to hold a public consultation on the valuation of the Regulatory Asset Base (BRA)

On February 27, 2026, ANP’s Board of Directors approved a public consultation on the valuation of the Regulatory Asset Base (Base Regulatória de Ativos – BRA) for natural gas transmission system operators, to be in force from 2026 to 2030 (the 2026-2030 Tariff Cycle).

The BRA comprises assets, property, and facilities resulting from prudent investments directly related to the provision of transmission services. The BRA value, combined with depreciation and efficient operating costs, will form the basis for calculating the Maximum Allowed Revenue (Receita Máxima Permitida – RMP) for transportation operators, to be recovered through the transportation tariff. The RMP is the revenue cap established by ANP based on costs, operating expenses, remuneration, and amortization.

According to the ANP, the public consultation on BRA valuation is the second of three regulatory actions in the action plan approved by ANP’s Board on November 6, 2025, regarding pipeline transportation tariffs.

The first action concerned the approval of the methodology and criteria for setting the rate of return for natural gas transportation in the 2026-2030 Tariff Cycle. This rate represents the return on carriers’ invested capital. That decision updated the previous methodology to ensure adequate return on investment for efficient carriers.

Finally, the third phase will define the Maximum Allowed Revenue (RMP) and tariff proposals for the 2026-2030 Tariff Cycle.

Find out more: ANP to hold a public consultation on valuation of the Regulatory Asset Base (BRA)

 

  • NEWS

 

ANP authorizes Petrobras to resume exploration in Foz do Amazonas, subject to specific conditions

On February 4, 2026, ANP authorized Petrobras to resume drilling activities at the Morpho well in the Foz do Amazonas Basin, subject to operational and safety conditions to be complied with and demonstrated by the operator.

The requirements include:

  • replacing all seals on the riser joints before use and submitting proof within five days of final implementation;
  • proving that all teams impacted by the revised blowout preventer (BOP) running procedure have been trained;
  • reviewing the Preventive Maintenance Plan, shortening the data collection interval of subsea vibration recorders during the first 60 days; and
  • using spare riser joints only after submitting certificates of conformity attesting to inspection and/or repair, aligned with applicable standards.

The ANP also began auditing the Operational Safety Management System of the ODN II drillship, which occurred on site from February 2 to 7 and remotely from February 9 to 13, 2026.

Drilling had been halted on January 4, 2026, after localized loss of biodegradable drilling fluid was identified in auxiliary riser lines during checks prior to the start of phase 4 of the well. According to Petrobras, the lines were isolated and the integrity of the well was not compromised.

Drilling at the Morpho well began on October 20, 2025, one day after the operating license was granted by the Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA). On January 23, 2026, the company informed the environmental agency that the causes of the fluid loss were still under investigation, and Ibama opened an administrative proceeding to oversee the measures adopted in line with its environmental emergency procedures.

Find out more: ANP authorizes Petrobras to resume exploration in the Foz do Amazonas, subject to specific conditions

 

ANP ends 5th OPC Cycle with 34 contracts executed

On February 11, 2026, the ANP announced the conclusion of the 5th Cycle of the Open Acreage of Concession (OPC), which ended with 34 concession contracts executed. As a result, the 6th Cycle may be opened at any time, provided that duly registered companies express interest in the sectors offered in the current notice.

Currently, 450 exploration blocks and 5 areas with marginal accumulations are available in the Campos, Ceará, Espírito Santo, Parecis, Parnaíba, Potiguar, Recôncavo, Santos, São Francisco, Tacutu, and Tucano Sul basins. According to the ANP website, 36 companies have an active registration for the open acreage.

The 5th Cycle of the open acreage of concession was held on June 17, 2025, and resulted in the award of 34 blocks to 9 bidders – 33 offshore and one onshore, all in new exploratory borders. According to the ANP, the round generated approximately BRL 989 million in signature bonuses (the highest among production sharing and concession cycles to date) and expanded the contracted exploratory area in Brazil by around 15%, with estimated minimum investments of BRL 1.5 billion for the exploration phase.

Find out more: ANP concludes 5th cycle of the OPC, with the execution of 34 contracts

 

Brazil’s Federal Government doubles O&G production in 2025

On February 20, 2026, Pré-Sal Petróleo S.A. (PPSA) reported in its “2025 Annual Production Report” that the federal government’s share of oil in the pre-salt oil reached 55.5 million barrels in 2025 – almost double the 27.9 million barrels recorded in 2024.

The increase was mainly driven by production growth at the Marechal Duque de Caxias (Mero field) and Tamandaré (Búzios field) FPSO platforms. The Mero field led with 36.44 million barrels, followed by the Sépia field (6.49 million) and the Búzios field (2.85 million). The year 2025 saw first oil at the Bacalhau platform. According to PPSA’s CEO, Luis Fernando Paroli, this upward trend corroborates projections and could take the Federal Government past the 500,00 barrels per day mark by 2033 if the pace of expansion is maintained.

The Federal Government’s share of natural gas for export also rose sharply: from 58 million cubic meters in 2024 to 137 million in 2025, with highlights at Sépia (76.17 million cubic meters), Tupi (18.45 million), and Sapinhoá (13.08 million). This performance reflected the strong output of the Carioca (Sépia) and Almirante Barroso (Búzios) platforms, as well as gas-treatment improvements at Búzios on platforms P‑76 and P‑77. Since 2017, the Federal Government has accumulated 124.73 million barrels of oil and 426 million cubic meters of natural gas exported.

Under the production sharing regime in 2025, total production reached 488.84 million barrels of oil (up 30% versus 2024). This increase was led by Búzios (203.17 million barrels) and Mero (193.99 million barrels), followed by Sépia (33.19 million barrels).

On the same basis, natural gas exports totaled 2 billion cubic meters (up 55% year over year), led by Búzios (1.67 billion), Sépia (346.84 million), and Sapinhoá (28.02 million).

In December 2025, the Federal Government set a monthly record: 186,000 barrels of oil per day across 9 production sharing contracts and unitization agreements in the non-contracted areas of Atapu, Mero, Tupi, and Jubarte, plus 624,000 cubic meters per day of natural gas across 5 production sharing contracts and the unitization agreements of Tupi and Jubarte. In that month, average total production under production sharing was 1.5 million barrels per day (up 3%), with Mero (612.91,000 barrels per day) and Búzios (599.52,000) at the top; on natural gas, the total was 6.31 million cubic meters per day (down 3%), with Búzios accounting for 75% of exports (4.75 million cubic meters per day).

Find out more: Federal Government’s O&G production doubles in 2025 year-over-year

 


– RENEWABLES

  • HIGHLIGHTS

ANP approves resolutions on “Fuel of the Future” Law

On February 27, 2026, ANP approved two resolutions that regulate key provisions of Law No. 14,993/2024 (“Fuel of the Future Law”) and Decree No. 12,614/2025.

The first resolution sets criteria for certifying the origin of biomethane and accrediting Origin Certifying Agents (ACOs), establishes rules for the backing and primary issuance of the Biomethane Guarantee of Origin Certificate (Certificado de Garantia de Origem de Biometano – CGOB), and accredits bookkeepers and registry entities.

The CGOB is a traceability certificate relating to the volume of biomethane produced and traded, issued by an ANP-accredited origin certifier. The certificate attests to features of the production process and must include, at a minimum, the origin of the feedstock used to produce biomethane and the production location.

The second resolution addresses the creation of annual targets to be met by natural gas producers and importers through the participation of biomethane in this market. It also sets criteria to exempt small natural gas producers and importers from these obligations, and provides for the oversight of compliance and sanctions for failure to meet targets.

Find out more: ANP approves resolutions on “Fuel of the Future” Law

 

  • NEWS

Three hydroelectric plants could start operating by 2035, claims EPE

On February 24, 2026, Brazil’s Energy Research Company (EPE) published the technical note “Socio-environmental analysis of energy sources in the PDE 2035,” demonstrating that at least three hydroelectric power plant projects totaling 1,168 MW of installed capacity could be incorporated into Brazil’s generation fleet within the 2035 Ten-Year Energy Expansion Plan (PDE).

The projects highlighted by the study are:

  • Telêmaco Borba Hydroelectric Plant, with 118 MW, in the Tibagi Basin, state of Paraná.
  • Tabajara Hydroelectric Plant, with 400 MW, in the Ji-Paraná Basin, state of Rondônia.
  • Bem Querer Hydroelectric Plant, with 650 MW, in the Branco Basin, state of Roraima.

For its assessment, EPE considered only hydropower plants with a capacity exceeding 50 MW and with an active registration for feasibility studies at the Brazilian Electricity Regulatory Agency (ANEEL).

The survey found that, in January 2025, 24 hydroelectric plants with a capacity greater than 50 MW were identified and registered for feasibility studies with ANEEL. Of these plants, 13 had no estimated implementation date. The study indicates that, given the status of the other 11 projects, only the 3 hydropower plants cited could begin operations in the final five years of the 10-year horizon.

Find out more: Three hydroelectric plants could start operating by 2035, claims EPE

 

MME presents new structure for National Energy Transition Plan

On February 27, 2026, the Ministry of Mines and Energy (MME) presented the new structure of the National Energy Transition Plan (Plante), following input from members of the National Forum on Energy Transition (Fonte).

Plante also encompassed the results of the 2035 Ten-Year Energy Expansion Plan (PDE) and the 2055 National Energy Plan (PNE), which provide technical guidance for the development of Plante.

According to the MME, the new version organizes actions into three pillars, each with five action blocks. The document also includes “Mapas do Caminho,” practical roadmaps based on the strategic recommendations and data from the 2055 PNE.

Find out more: MME presents new structure of the National Energy Transition Plan

 

  • OPPORTUNITIES
TYPE DESCRIPTION CONTRIBUTION TERM CODE / NOTES
Petrobras Contracting Supply of goods and EPC services by the CONTRACTOR covering detailed engineering (executive design), civil construction, electromechanical assembly, commissioning, testing, start‑up support and assisted operation, technical assistance, and final documentation (data book and as‑built) for the RPBC Revamp UFCC – Machinery Project, at the unit in Cubatão‑SP, as per the tender and its addenda.

 

March 23, 2026, 12:00pm 7004545884
Petrobras Contracting Chartering of an AHTS-type vessel and specialized technical services. April 27, 2026

12:00 PM

7004345558
Petrobras Contracting Supply of goods and services covering basic engineering, detailed engineering, civil construction, electromechanical assembly, and commissioning (preservation, conditioning, tests, pre‑operation support, start‑up, and assisted operation) and technical assistance to implement a Pre‑Treatment Unit for BioQAV (renewable aviation kerosene) at the Presidente Bernardes Refinery (RPBC), as per the tender and its addenda. May 25, 2026, 12:00pm 7004461520
Petrobras Contracting Chartering of an AHTS-type vessel and specialized technical services. April 27, 2026

12:00 PM

7004345558
Petrobras Contracting Supply of goods and services covering basic engineering, detailed engineering, civil construction, electromechanical assembly, and commissioning (preservation, conditioning, tests, pre‑operation support, start‑up, and assisted operation) and technical assistance to implement a Pre‑Treatment Unit for BioQAV (renewable aviation kerosene) at the Presidente Bernardes Refinery (RPBC), as per the tender and its addenda. May 25, 2026

12:00 PM

7004461520
Petrobras Contracting Acquisition of four MR1 product tankers for the transport of clean and dirty products, as per the tender and its addenda. Deliveries will be staggered according to the vessel’s delivery schedule, with each tranche corresponding to one ship. March 09, 2026

12:00 PM

7004519997
Petrobras Contracting Supply of an FPSO-type stationary production unit (UEP”), and pre-operation, operation, and maintenance services, in BOT mode, for the Albacora revitalization project.

 

 May 25, 2026

12:00 PM

7004415516
Petrobras Contracting Maintenance services for storage tanks and spheres, as per the tender and its addenda. March 24, 2026, 12:00pm 7004525143
PETROBRAS TRANSPORTE S.A Acquisition of four MR1 product tankers for the transport of clean and dirty products. March 09, 2026, 12:00pm 7004519997
Petróleo Brasileiro S.A. Maintenance services for storage tanks and spheres. March 24, 2026, 12:00pm 7004525143
Petróleo Brasileiro S.A. Maintenance and assembly services for towers, vessels, filters, tanks, reactors, piping, and auxiliary equipment and systems during maintenance turnarounds and other interventions across Petrobras units. March 09, 2026, 12:00pm 7004551523
Petróleo Brasileiro S.A. Acquisition of a corrosion inhibitor for a supercritical gas pipeline and chartering of an offshore tank under a global contract. March 10, 2026, 5:00 pm 7004553324
Petrobras Contracting Chartering of Pipe Laying Support Vessel (PLSV)‑type vessels, with specialized technical services for subsea pipeline lay, tie‑ins, inspection, maintenance, and support to subsea operations, as per this document and its addenda. March 13, 2026, 12:00pm 7004549819
Petrobras Contracting Chartering of at least one FSC‑10‑type vessel, as per this document and its addenda March 6, 2026, 12:00 pm 7004536339
Petróleo Brasileiro S.A. EPC (engineering, procurement, and construction) Hydrotreating (HDT) Unit and Sulfur Recovery Unit (URE) – Boaventura March 5, 2026, 12:00 pm 7004519688
Petróleo Brasileiro S.A. EPC (engineering, procurement, and construction) RPBC (Presidente Bernardes Refinery) Revamp UFCC (Fluid Catalytic Cracking Unit — FCCU) – Supply of goods and provision of services related to detailed engineering, civil works, electromechanical erection, commissioning, testing, start-up support, and operation at RPBC, Cubatão, SP. March 23, 2026  5:00 PM 7004545884
Petróleo Brasileiro S.A. Chartering of up to four Accommodation Vessels and Provision of Offshore Hospitality Services March 13, 2026  5:00 PM 7004563745
Petróleo Brasileiro S.A. Chartering of PLSV vessel type and Specialized Technical Services 2025 April 13, 2026, 12:00pm 7004549819
Petróleo Brasileiro S.A. Lot A1-BB – AUP-5 linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553008
Petróleo Brasileiro S.A. Lot A2-BB AUP-1 linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553010
Petróleo Brasileiro S.A. Lot A3-EE AUP-5 linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553012
Petróleo Brasileiro S.A. Lot A4-EE AUP-1 linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553033
Petróleo Brasileiro S.A. Lot B1-BB ARP-1 linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553034
Petróleo Brasileiro S.A. Lot B2-BB ARP-2 linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553036
Petróleo Brasileiro S.A. Lot B3-EE ARP-1 linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553037
Petróleo Brasileiro S.A. Lot B4-EE ARP-2 linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553038
Petróleo Brasileiro S.A. Lot C1-BB ARP-4-HLS linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553039
Petróleo Brasileiro S.A. Lot C2-EE ARP-4-HLS linked to Main Opportunity 7004549819 regarding the chartering of PLSV-type vessels March 13, 2026, 12:00pm 7004553041

 


– POWER

  • INSTITUCIONAL

Brazilian Congress: 2026 begins in the Mines and Energy Committee

Throughout 2026, the Mines and Energy Committee (CME) will be chaired by Representative Joaquim Passarinho (PL-PA), following an agreement between party leaders.

The presiding board will also include Representatives Luiz Gastão (PSD-CE), General Pazuello (PL-RJ), and Colonel Chrisóstomo (PL-RO). These changes in the committee’s presidency reflect a shift in its composition, with the majority now composed of the opposition.

Find out more:

 

Brazilian Congress: REDATA lapses despite approval in the House of Representatives

Provisional Measure (“MPv”) No. 1,318/2025 lapsed on February 25 after the Brazilian Congress failed to pass Bill No. 278/2026 in time. The bill was set to replace the provisional measure and establish the Special Tax Regime for Datacenter Services (“REDATA”).

Despite its symbolic approval by Brazil’s House of Representatives on January 24, the Federal Senate failed to vote on the bill, which terminated the regime created to foster the development of data centers in Brazil. According to the Minister of Finance, Fernando Haddad, the Federal Government is studying legal alternatives to reissue REDATA later this year.

Find out more:

 

Federal Government: 2026 Electric Power Strategic Agenda launched

On February 11, the Electric Power Sector Monitoring Committee (“CMSE”) approved the 2026 Electric Power Strategic Agenda.

According to the Ministry of Mines and Energy (“MME”), the initiative seeks to identify and address potential risks in advance, improve coordination among sectoral bodies, strengthen system security, and steer strategic decision‑making.

The agenda defines a set of actions organized by quarter and into three distinct groups:

  • meeting peak demand and ramping requirements;
  • serving minimum load; and
  • ensuring power system security and reliability.

Among the various initiatives on the agenda are Capacity Reserve Auctions in the Form of Power (“LRCAPs 2026”) – including battery auctions –, flexible supply from thermoelectric plants (“UTEs”), demand response, regional power exchange, and daylight-saving time.

Find out more:

 

Federal Government: Brazil initiates Regulated Carbon Market platform development

The Federal Government has initiated development of the central registry for the Brazilian Emissions Trading System (“SBCE”).

The aim is for the registry to serve as a strategic computing infrastructure to operationalize the Regulated Carbon Market (“MRC”), structured under the SBCE, established by Law No. 15,042/2024.

Find out more:

 

MME: Appointment of a new executive secretary

In early February, the MME announced the departure of then‑Executive Secretary, Arthur Valério. After serving at the Federal Attorney General’s Office (AGU), Valério served as the MME’s legal advisor between March 2023 and January 2024, and took office as executive secretary in January 2024.

His resignation was expected following indications to that effect as early as 2025. In his place, Gustavo Ataide was appointed – a career MME official who had served since June 2025 as National Secretary for Energy Transition and Planning.

Find out more:

 

MME: Ministry updates CGIEE Agenda for the 2026–2028 triennium

O MME publicou no dia 18 de fevereiro a atualização da Agenda Regulatória do Comitê Gestor de Indicadores e Níveis de Eficiência Energética (“CGIEE”), para o triênio de 2026 a 2028.

O documento prevê para os próximos anos ações  de normatização, revisão e aprimoramento técnico e regulatório de equipamentos e edificações quanto a sua eficiência energética.

Saiba mais:

 

MME: ministério abre consultas públicas para discutir PDE 2035 e PNE 2055

On February 18, the MME published the updated Regulatory Agenda of the Management Committee for Energy Efficiency Indicators and Levels (“CGIEE”) for the 2026–2028 triennium.

The document provides for actions in the coming years to standardize, review, and improve the technical and regulatory aspects of equipment and buildings in terms of energy efficiency.

Find out more:

 

MME: Ministry opens public consultations to discuss PDE 2035 and PNE 2055

On February 12, the MME opened two public consultations to discuss the Ten‑Year Energy Expansion Plan (“PDE”) 2035 and the National Energy Plan (“PNE”) 2055.

In the words of the MME, these are “two of the main planning instruments for the Brazilian energy sector.” The documents were drafted by the EPE and represent, respectively, a ten-year indicative horizon and a thirty-year strategic horizon. Contributions can be submitted by March 14. Find out more:

 

AUCTIONS

LRCAP 2026: ANEEL approves 2nd and 3rd LRCAP public notices and reviews price caps after publication

In February, Brazil’s National Electricity Regulatory Agency (“ANEEL”) published the notices for the second and third Capacity Reserve Auctions (“LRCAP”), to be held in 2026.

The first versions of the notices were approved on February 10 during ANEEL’s Ordinary Public Meeting (“RPO”). After the MME updated the pricing assumptions for the auctions’ ceiling prices, ANEEL approved new prices in an extraordinary meeting.

The price increase was a response to negative market reaction, with agents indicating the original terms were not operationally viable. Also in February, the Energy Research Company (“EPE”), the National Electric System Operator (“ONS”), and ANEEL released a technical note detailing the remaining capacity of the National Interconnected System (“SIN”) to evacuate generation from the auctions.

Find out more:

 

Transmission Auction 1/2026: Notice approved

ANEEL’s board of directors has approved the notice for Transmission Auction 1/2026. Organized into 9 lots and totaling 859 kilometers of new transmission lines, the auction contemplates investments exceeding BRL 5 billion across 12 states, covering all regions of Brazil.

Find out more:

 

Transmission Auction 4/2025: Concession contracts signed

On February 23, the concession contracts for Transmission Auction 4/2025 were executed at ANEEL, in a ceremony attended by the MME.

Find out more:

 

  • SYSTEM OPERATION

ONS: system operator receives and, under PNAST rules, reviews access requests that had been pending at the MME

The ONSreported that, of the 94 grid‑access proceedings that had been pending before the MME, 39 were formalized before the ONS under the terms set by the National Policy for Access to Transmission Systems (“PNAST”).

Established by Decree No. 12,772/2025, the policy reorganized access to the transmission system through “Access Seasons.” Prior to the first season, however, the ONS will assess access requests received before publication. The requests received from the MME concerned consumer requests for access to the basic grid, especially data centers.

Find out more:

 

ONS and CCEE: opening of external consultations to discuss risk aversion, CVar, and VMinOp

The Technical Committee for the Monthly Operation Program (“PMO”) and for the calculation of the Difference Settlement Price (“PLD”) opened two external consultations to receive contributions for improving Newave and Decomp.

Coordinated by the ONS and the Electric Energy Trading Chamber (“CCEE”), the committee intends to evaluate and discuss, through these consultations, components of computational models such as risk‑aversion mechanisms, Conditional Value‑at‑Risk (“CVaR”), and Minimum Operating Volume (“VMinOp”).

Find out more:

 

DEMAREST IN THE MEDIA

Auction of small hydroelectric plants postponed; now expected to take place only in the second half of 2026 – Henrique Reis

Following the sector reform in 2025, Law No. 15,259/2025 provided for the procurement, via auction, of up to 3,000 megawatts (“MW”) in Small Hydroelectric Power Plants (“SHPs”) by March 2026. The MME, however, has already assessed that it will not meet the schedule set by law, and that the auction will potentially take place only in the second half of 2026. In a news report by Valor Econômico, our partner, Henrique Reis, commented that the auction adds assured energy to the system and can be delivered either through capacity reserve auction or as an energy auction.

Find out more:

 

Agents predict risk of revenue loss with reduced thermal inflexibility – Livia Correia and Henrique Reis

Following ANEEL’s letter to the ONS requesting a technical review on the possibility of reassessing thermal power plants’ flexibility parameters, representatives of the thermal generation sector expressed concern about the potential financial impacts from a reduction in plant inflexibility, based on MME Normative Ordinance No. 115/2025. Our partner, Henrique Reis, and our associate, Livia Correia, suggested solutions to mitigate the negative effects and to define, by default, flexibility parameters in tender notices, thereby prompting discussions on the potential review of the parameters by the ONS.

Find out more:

 

Data Centers: Capital for the digital revolution is already transformative, but hurdles remain – Rosi Barros

In a Circle News article, our partner Rosi Barros discussed Brazil’s positioning in the data center space and how certain features make the country attractive to the segment. Rosi also analyzed the close relationship between data centers and electricity, as well as the challenges that must be addressed for the segment’s development.

Find out more:

 

REGULATIONS

ANEEL: storage, UBP balance adjustment, and delegation of powers

In February, Aneel moved forward on sector topics with broad impact for market participants – from institutional organization to regulatory arrangements and concession agreements, among others. Below we highlight key items, with links to Board Members’ votes and published acts:

  • UBP: ANEEL approved the update of the Public Asset Use (“UBP”) balance for hydropower plants by executing an addendum to the concession agreement. Concessionaire agents will have 60 days from the publication of Order No. 686/2026 to adhere (Vote and Act).
  • Storage: the Board unanimously approved a 30-day extension of Director Fernando Mosna’s request for review in the process of analyzing the results of Public Consultation No. 39/2023, aimed at improving storage regulations (Vote).
  • Delegation of Powers: improvements to Normative Resolution (“REN”) No. 914/2021 were approved to advance decentralization of regulation, oversight, and enforcement activities. Amendments relating to the delegation of powers to the states and the Federal District resulted in REN No. 1,151/2026 (Vote and Act).

 

Federal Prosecutor’s Office: Generation and MMGD cuts

Within the scope of Public Consultation No. 45/2019, the Federal Attorney General’s Office at ANEEL issued Opinion No. 10/2026/PFAneel/PGF/AGU, analyzing the possibility of subsequently including Micro and Mini Distributed Generation (“MMGD”) in the ongoing discussions on generation curtailment under that consultation. While concluding that it is not permissible to curtail MMGD through the “accounting curtailment” mechanism discussed in the consultation, the Attorney General’s Office recognized the legal basis for MMGD curtailment, which should be addressed in a standalone proceeding, apart from the consultation.

Find out more:

 

ANA: new regulation for hydroelectric projects

On February 11, the National Water and Basic Sanitation Agency (“ANA”) published Resolution No. 286/2026, which updates the rules governing water use management for hydroelectric projects.

Among other changes, the resolution amended and simplified the rules for obtaining the Declaration of Water Availability Reserve (“DRDH”) – an essential license for the implementation and operation of such projects –, and included reversible plants (pumped‑storage hydropower) within its scope.

Find out more:

 

OPINION

  • TAX

Reversal of ICMS credits on settlement of surplus energy: TJMG delivers Brazil’s first favorable appellate decision

By Paulo Honório de Castro Júnior

phonorio@demarest.com.br | +55 (11) 94260-0276

On February 26, 2026, the Minas Gerais State Court of Justice (“TJMG”) published an appellate decision that fully upheld a first‑instance judgment rejecting the reversal of ICMS credits in the settlement of surplus energy in the Short‑Term Market of the Electric Energy Trading Chamber (“CCEE”) when the free consumer classifies as a creditor (Case No. 5125031‑64.2022.8.13.0024).

Demarest handled this case based on recently integrated firm WFAA’s legal thesis. This is the first judgment in Brazil to be upheld at the second instance in favor of the taxpayer. The matter has not yet been reviewed by the superior courts, which further emphasizes the significance of this state‑court ruling in shaping conduct and administrative discussions.

The core premise of the thesis is well known: in the “Pátio Savassi” case (Special Appeal 1,615,790/MG, rapporteur Justice Gurgel de Faria, Electronic Court Gazette April 09, 2018), the Superior Court of Justice (“STJ”) held that, when in a debtor position, settlement in the short-term market of the CCEE does not concern electricity as a good or commodity, but rather the multilateral assignment of contractual consumption rights, intermediated by the Chamber as a mechanism to equalize contracted versus consumed volumes.
If the object of the transaction is a right, and not a good, such transaction does not fit under the levy of the ICMS (state value‑added tax). As such, there is no taxable event in a debtor position. Logically, the same legal classification should govern the creditor position. If, when “buying” in the short-term market, the agent acquires consumption rights, then, when “selling” surpluses, the agent is alienating rights, rather than effecting an outflow of goods, and therefore remains outside the ICMS scope.

This is precisely why the reversal debate must not be treated as a mere “exempt output” or “non‑taxed output” in the usual sense of Article 155, paragraph 2, item II, of the Brazilian Constitution: This is not a potentially taxable transaction relieved by a legislative choice; it is a transaction that, by its nature, can never fall within the ICMS levy, as it does not involve the legal circulation of goods.

This framing coherently leads to the same conclusions reached by the Federal Supreme Court (“STF”) in cases where there is physical outflow but no tax materiality, and therefore the constitutional reversal rule does not apply. In ADC 49 (direct action for the declaration of constitutionality), upon recognizing that transfers between establishments of the same owner do not constitute a taxable event, the debate shifted to whether the state could require reversal as if facing an infra‑constitutional exemption. The STF responded that, without materiality, reversal cannot be imposed on the basis of “exemption” or “non‑taxation,” categories aimed at operations that could fall within the ICMS scope but were removed by a relief rule.

The reasoning is analogous to the commodatum (loan for use) precedent (RE 1,141,756, Topic 1,052): Physical outflow without legal circulation is not a “relieved transaction,” so reversal is not imposed; otherwise, non‑cumulativity would be distorted, effectively turning a case of pure non‑incidence into a credit restriction without an adequate constitutional basis.

In creditor settlements of surplus energy, the TJMG aligned with these precedents. Once the impossibility of charging ICMS in a debtor position is recognized for lack of materiality, it makes no sense to admit proportional credit reversal as if the transaction were an exempt outflow of goods.

It is also important to distinguish this discussion from General Repercussion Topic 1258 In Topic 1258, the STF is examining if, in interstate transactions with fuels (and, by constitutional logic, with electricity), the rule in Article 155, paragraph 2, item X, b – which shifts taxation to the destination state – authorizes the annulment of credits generated in prior intra‑state transactions in the origin state. The controversy, therefore, presupposes a transaction involving the circulation of goods (fuel or electricity) that is taxed in the destination state due to supposed immunity in the origin state. This is, however, precisely why it is a taxable transaction, which is the taxpayers’ central argument; therefore, there is no basis for reversal. Justice Dias Toffoli voted to maintain the credits, arguing that Article 155, paragraph 2, item X, b does not enable annulling ICMS credits charged in prior intra‑state transactions. Justice Alexandre de Moraes diverged, so far joined by Justices Flávio Dino and Cármen Lúcia. Proceedings have been suspended by a request for review.

The case ruled on by the TJMG, however, does not fit the same pattern. Here, the cause of action does not concern competence shifting or destination‑based taxation in interstate transactions. The key point comes prior to that: The settlement of surpluses in a creditor position in the short-term market is not a transaction involving goods, but rather the assignment of contractual rights, i.e., a transaction outside the ICMS levy. Therefore, even if the STF were to rule against taxpayers in Topic 1258, specifically within the context of fuels and electricity in interstate transactions, there is no necessary repercussion of the controversy over creditor‑position settlements. Topic 1258 discusses reversal in a case where tax materiality exists, and there is a federative dispute over the place of tax collection; the short-term market case concerns the absence of materiality, and for that very reason, the constitutional reversal rule cannot be enforced, as delimited by precedents such as ADC 49 and the commodatum case.

Finally, there is a relevant practical development regarding PIS/Cofins. Brazil’s Federal Revenue Service generally argues that Article 3 of Laws 10,637/2002 and 10,833/2003 only authorizes credits on electricity consumed, not on contracted energy, advocating a restrictive reading of the crediting list and, in some cases, requiring reversal when part of the contracted energy is not consumed (because it was settled in the CCEE’s short-term market).

This argument, however, must be reinterpreted in light of two premises:

  • First, paragraph 12 of Article 195 of the Constitution has an anti-cumulative function, as ruled by the STF in the “Unilever case” (RE 841.979, Topic 756), and does not allow interpretations that reinstate cumulative effects indirectly.
  • Second, at the infralegal level, there are rules that preserve credits in purchases for resale, which reinforces the need to correctly frame the economic nature of the settled surplus and avoid turning the non‑use of the input in full into an automatic disregard of credits detached from the constitutional logic of the non‑cumulative regime.

The same conceptual accuracy that drives the ICMS debate applies here: If what is settled in the short-term market is a contractual right of consumption, not “energy‑as‑commodity” as a tradable good, the tax treatment must comply with such qualification and the system’s purpose – otherwise an artificial cascading tax burden is created.

In conclusion, the TJMG ruling consolidates an important and pioneering precedent:

  • settlement of surplus energy in the short-term market, in a creditor position, is a transfer of rights, not a mercantile transaction involving energy as a commodity;
  • as it falls outside the ICMS competence, the phenomenon cannot be reclassified as an “exempt” or “non-taxed” outflow to impose reversal;
  • the constitutional reversal rule, as established by the STF, presupposes a transaction that is potentially taxable but relieved by normative choice, which is not the case here; and
  • Topic 1258, which is still pending, concerns a different factual setting and cause of action and therefore does not condition the outcome of this controversy.

 

MONITORING

  • Institucional
Federal Court of Accounts (TCU)
Case Highlights Topic Judgment
TC 032.316/2021-6 JUDGMENT 257/2026 – PLENARY SESSION New audits by the TCU The TCU approved the proposal for future inspections presented by AudElétrica:

  • delay or inadequacy in energy transition regulation
  • absence of, and slow pace in, ANEEL’s decision‑making process
  • tariff inadequacy
  • inefficiency in issuing concessions
  • ineffective and limited oversight
  • insufficient response by market agents to external events
TC 006.591/2023–0 JUDGMENT 311/2026 – PLENARY SESSION Expiring distribution concessions The Court held that the Granting Authority effectively set the guidelines, rules, and regulations for delegation proceedings involving distribution concessions not provided for by Article 7 of Law 12,783/2013.
TC 022.280/2024-3 JUDGMENT 280/2026 – PLENARY SESSION ANEEL’s financial autonomy The Court ordered the Executive Branch to present an action plan to establish the financial autonomy of federal regulatory agencies.

 

  • Opportunities:
TYPE MATTER CONTRIBUTION DEADLINE CODE / NOTES
Call for Contributions (“TS”) ANEEL
TS 004/2026 Obtain contributions on the Regulatory Result Analysis Report (“ARR”) No. 1/2026-SFF/ANEEL regarding the application of Annex VII of Normative Resolution (“REN”) No. 948, of November 16, 2021, which addresses the assessment of the quality of corporate governance systems of electricity distribution agents.

 

March 16, 2026  
TS 003/2026 Obtain contributions on the revision/update of the following Submodules of the Network Procedures: Submodule 6.2 – Operational and Responsibilities, Submodule 6.7 – Procedural, Submodule 8.1 – Procedural and Responsibilities, and Submodule 8.3 – Responsibilities.

 

March 16, 2026  
TS 025/2025 Obtain contributions for building the database and revising the methodology for non‑technical losses and non-recoverable revenues – Tariff Regulation Procedures (“PRORET”), Submodules 2.6 and 2.6A. March 06, 2026  
Public Consultations (“CP”) – ANEEL
CP 002/2026 NOVO Obtain contributions for the regulation of the Project Energias da Floresta (Forest Energy). April 13, 2026  
CP 001/2026 Obtain contributions and information to improve the Regulatory Impact Analysis (“AIR”) within the scope of the “Evaluation of metering systems for energy transition and modernization in the distribution segment” provided for in the Regulatory Agenda. March 16, 2026  
CP 046/2025 Obtain contributions from society on the automatic application of the time-of-use tariff for low-voltage consumers in subgroups B1 (residential), B2 (rural), and B3 (commercial, industrial, and others), with monthly consumption equal to or greater than 1 MWh. March 09, 2026  
CP 043/2025 Obtain contributions and additional information for the Regulatory Impact Analysis on the regulation of Decree No. 11,314/2022, which regulates the bidding process and the extension of public electricity transmission service concessions at the end of their term. March 10, 2026  
CP 042/2025 Obtain contributions and additional information on the draft normative resolution that improves the rules and distribution procedures related to access and connection of electromobility facilities to the distribution system. March 10, 2026  
CP 039/2025 Obtain contributions and additional information for the revision of the Asset Control Manual for the Energy Sector (“MCPSE”). April 3, 2026  
MME Public Consultations
CP 216/2026 NOVO Evaluation of the draft Reserve Energy Contract (“CER”) for contracting the Candiota III Thermal Power Plant in compliance with Article 3-D of Law No. 10,848/2025. March 09, 2026  
CP 215/2026 NOVO Draft Summary Report of the National Energy Plan 2055 – PEN 2055. March 14, 2026  
CP 214/2026 NOVO Draft of the Ten-Year Energy Expansion Plan – PDE 2035. March 14, 2026  
CCEE and ONS External Consultation
External Consultation No. 001/2026 Obtain contributions for choosing the parameters of risk aversion mechanisms in computational models, VMinOp, and CVaR. April 10, 2026  
External Consultation No. 002/2026 Obtain contributions for changing the minimum number of interactions in the Newave model. March 26, 2026  

* Please note that the deadlines in the table above are constantly changing and correspond to the deadlines disclosed at the time of publication of this newsletter.

 

  • Published Studies and Tools
Study Author
Distribution Market Dashboard (PowerBI) EPE
Indicative Pipeline Plan 2025 (Dashboard) EPE
Annual Report – 2025 ONS
2025 Free Energy Market Scenarios CCEE
Technical note “Socio-environmental analysis of energy sources in PDE 2035” EPE
Roadmap for Microgrids for Isolated Systems in Brazil EPE
Recommendations for the Implementation of Hydraulic Storage Systems in Brazil GESEL

 

WHAT’S NEXT

  • Auctions
March 18, 2026 – LRCAP 2026 – Hydroelectric, gas, and coal-fired power plants

More information here

March 20, 2026 – LRCAP 2026 – Fuel oil and diesel thermal power plants

More information here

April 2026 (date of proposal of Public Consultation No. 202/2025, already committed) – LRCAP 2026 – Storage

More information here

April 2026 – Transmission Auction 001/2026

More information here

October 2026 – Transmission Auction 002/2026

To be held by ANEEL.

April 2027 – Transmission Auction 001/2027

To be held by ANEEL.

October 2027 – Transmission Auction 002/2027

To be held by ANEEL.

 

  • ANEEL Regulatory Agenda
Regulatory activities planned for 2026
Code Regulatory Activity 1st Half 2026 2nd Half 2026 Status
AR24-01 Regulatory improvements related to market opening in the regulation of distribution services Public Consultation Decision Initiated
AR24-02 Regulation of Decree No. 11,314/2022 addressing the termination of transmission concessions Public Consultation Decision Initiated
AR24-05 Update to the methodology for calculating the maximum limits for the Difference Settlement Price (PLD) Public Consultation + Regulatory Impact Analysis Decision Initiated
AR24-06 Improvement of the electricity market monitoring process (definitive rule after the shadow period) Decision   Initiated
AR24-07 Instruction on Market Monitoring Regulation Public Consultation + Regulatory Impact Analysis Decision Initiated
AR24-08 Revision of Normative Resolution No. 948/2021 – Economic and Financial Efficiency Criteria Decision   Initiated
AR24-18 Evaluation of methodologies for calculating the minimum PLD and defining the Optimization Energy Tariff (TEO) Regulatory Impact Analysis + Public Consultation Decision Planned
AR24-19 Review of PRORET Submodules 2.6 and 2.6 A – Non-technical losses and irrecoverable revenues Regulatory Impact Analysis + Public Consultation Decision Initiated
AR25-07 Improvement of Marketing Rules 2027   Public Consultation + Decision Planned
AR25-08 Regulatory improvements to implement provisions of head section of Article 28 of Law No. 14,300/2022 Public Consultation Decision Initiated
AR25-15 Requirements for observability, operability, and controllability of Distributed Energy Resources (DER) Public Consultation Decision Planned
AR26-03 Assessment of regulatory improvements on Grid Standards related to the resilience of the distribution system to extreme weather events Regulatory Impact Analysis + Public Consultation Decision Initiated
AR26-06 Establishment of Market Service Indicators Regulatory Impact Analysis + Public Consultation Decision Initiated
AR26-07 Regulatory improvements to advance electromobility and its connection to distribution systems Public Consultation Decision Initiated
AR26-09 Regulatory improvements for managing surplus generation at the distribution level Public Consultation Decision Initiated
AR26-11 Revision of REN 1030 (Law No. 15,269/25) – Improvement of Constrained Off Public Consultation Decision Initiated
AR26-13 Assessment of reverse power flow from MMGD within the context of CCEE accounting and settlement Regulatory Impact Analysis + Public Consultation Decision Initiated
AR26-14 Enhancement of the Grid Procedures (PdR) and Trading Rules arising from the normative resolution that will set operating criteria for generation reduction or limitation Public Consultation Decision Initiated
AR26-15 Regulation of the allocation of the cost of energy from Angra 1 and Angra 2 among end‑users of electricity, under Law 15,235/2025 Decision   Initiated
AR26-16 Approval of Trading Rules relating to the provision of financial guarantees by CCEAR (A-1/2025) Decision   Initiated
AR26-21 Revision of REN 1.031/2022, regarding discounts on TUSD/T for incentivized sources, as a result of Law No. 15.269/25 Public Consultation Decision Initiated
AR26-25 Improvement of regulations with a view to ending the right to discounts on TUST/TUSD for free consumers, pursuant to Law No. 15,269/25. Public Consultation Decision Initiated
AR26-27 Improvement of regulations to meet the criteria for self-generation, including by equivalence, pursuant to Law 15,269/25. Public Consultation Decision Initiated
AR26-30 Amendment to PRORET Submodule 5.5 to include traders in the payment of the Electricity Services Inspection Fee (TFSEE), pursuant to Article 12 of Law 9,427/1996 (resulting from Law No. 15,269/25).   Regulatory Impact Analysis + Public Consultation + Decision Planned
AR26-31 Amendment to PRORET Submodule 5.2 to include the Energy Development Fund (CDE) ceiling, the Resource Supplement Charge, and its implementation (resulting from Law No. 15,269/25)   Regulatory Impact Analysis + Public Consultation + Decision Planned
AR26-46 Establishment of guidelines and conditions for developing a regulatory sandbox and open innovation environment under the Energias da Floresta Project Decision   Initiated
GER21-02 Establishment of operational criteria for reducing or limiting generation Decision   Initiated
GER21-07 Regulation of “Constrained off” for hydroelectric power plants Regulatory Impact Analysis + Public Consultation Decision Initiated
GER21-18 Regulatory adjustments for the inclusion of storage systems, including reversible power plants, in the National Interconnected System (1st cycle) Decision   Initiated
R&C21-14 Revision of the Electricity Sector Asset Control Manual – MCPSE Decision   Initiated
TAR23-01 Modernization of distribution tariffs – Cycle 1 Regulatory Impact Analysis + Public Consultation Decision Planned
TRV23-07 Evaluation of measurement systems for energy transition and modernization in the distribution segment Public Consultation Decision Initiated

* The complete agenda can be found at: ANEEL Regulatory Agenda

 

  • 2026 Strategic Electric Power Agenda
Activities Planned for the Current and Future Quarters
LRCAP 2026 – Existing and new plants 1st Quarter
Defining guidelines for pushing forward LRCAP/LRCE projects 1st Quarter
Defining guidelines for exporting energy surpluses 1st Quarter
Developing an action plan to address reductions in minimum flow in the Paraná basin 1st Quarter
Maintaining the current hydrogram of the Belo Monte hydropower plant 1st Quarter
 
LRCAP 2026 – Batteries 2nd Quarter
Extending the rule allowing flexible offers by thermal power plants (“UTEs”) 2nd Quarter
Assessing the implementation of daylight-saving time in 2026 2nd Quarter
Extending the rule that increases the availability of merchant UTEs 2nd Quarter
Bringing forward rock‑removal works at the Nova Avanhandava Canal 2nd Quarter
Assessing advanced dispatch of a thermal power plant and power imports 2nd Quarter
Assessing a structural solution for integrating gas pipelines and the thermal fleet in the North region 2nd Quarter

* The complete agenda can be found at: Strategic Agenda