Check out our Energy Newsletter, which gathers information on the main administrative, normative and legal texts related to the regulation of the electricity sector in Brazil, for the month of November.
We are available to help you with any questions and hear your ideas and suggestions on how we can improve even more.
Demarest Energy and Natural Resources Team
COP26: Brazil presents guidelines for reduction of carbon emissions by 2030
The 2021 United Nations Climate Change Conference (“COP26”), held from November 1 to 12 in Glasgow, Scotland, resulted on the Glasgow Climate Pact, with almost 200 signatories, including Brazil. The Conference focused on the following topics:
- Mitigation – to reduce emissions;
- Adaptation – helping those who are already being impacted by climate change;
- Finance – enable countries to meet their climate goals;
- Collaboration – work together to achieve even better results.
The Conference aims to boost the creation and maintenance of public policies and partnerships with entrepreneurs to reach what was determined on the Paris Agreement – signed in 2015 – and to limit the global temperature increase by 1.5ºC, when compared to levels prior to the industrial revolution. The energy sector represents approximately 35% of annual CO² emissions worldwide.
More than 30 countries and financial institutions have signed the International Public Manifest to Support the Clean Energy Transition, which undertakes to stop the funding of fossil fuel-derived activities internationally and to revert the entire amount to the transition to renewable sources. Countries such as the United Kingdom, Canada, the United States, Germany and France signed the document.
Attempts to fully cut the use of coal for energy production, responsible for 40% of the world’s annual fossil fuel-related CO2 emissions, were explicit during the conference. 190 countries have undertaken to reduce their use and 65 to stop using coal as an energy source. To achieve this goal, the UN raised more than $20 billion to fund the generation by renewable sources on developing countries.
Regarding the transport sector, which represents 10% of global CO2 emissions and more than 50% of oil consumption, the focus was on accelerating the transition to electric vehicles. The result was thatmore than 30% of the automotive market have committed to gradually reduce the number of fossil fuels vehicles. In Europe, General Motors, Jaguar, Fiat, Volvo, Audi, Ford and Volkswagen have committed to manufacturing only vehicles that do not emit CO2 by 2035.
An agreement was also signed to reduce methane emissions in 30% by 2030. Polluting gas is derived from oil, natural gas, waste and agriculture. The agreement was considered a success by experts, which had as signatories six of the ten largest gas emitters: The United States, Brazil, The European Union, Indonesia, Pakistan and Argentina, with an estimated 46% reduction in the global volume of emissions.
Carbon pricing has also been a matter of intense debate between government representatives and companies. It is increasingly thought that pricing can be a solution that promises to align business and consumer expectations to reach a sustainable, low-carbon economy. In the wake of this trend, an agreement was reached with respect to the basic standards derived from Article 6 of the Paris Agreement, referring to carbon markets, which even previously was expected to move $1 billion in 2021.
More information about COP26:
ONS suspends receipt of offers foradditional generation and RVD resources
On 11/05/2021, ONS announced it suspended the receipt of offers for additional generation and Voluntary Demand Response due to the improvement of hydroenergetic conditions and the effectiveness of the emergency actions . Subsequently, on 11/08/2021, ONS published a complementary announcement to clarify that, along with CMSE, it will continue to follow-up on electric systems conditions and, if needed, may reopen the platforms to receive new offers.
See in full – Press Release of 11/05
See in full – Press Release of 11/08
ANEEL consolidates rules on Economic-Financial Regulation
On 11/18/2021 Resolution No. 948/2021, which approved the Economic-Financial Regulation – regulation of operations applicable to energy distribution, transmission and generation delegates, was published.
This measure results from Decree No. 10,139/2019, which determines the consolidation, by thematic relevance, of normative acts hierarchically inferior to decrees.
The resolution consolidated the following resolutions previously in effect:
|REN 149/2005||Establishes procedures for requesting consent by agents providing energy services for amendment of constitutive acts, and indicates the previously authorized cases.|
|REN 378/2009||Establishes procedures for the analysis of concentration acts and infractions of the economic order in the energy sector.|
|REN 484/2012||Establishes the procedures to be adopted by concessionaires, permitted and authorized service provider and energy installations to obtain regulatory consent to the transfer of corporate control.|
|REN 691/2015||Regulates the disengagement, by the initiative of a sector agent, of public assets related to services of generation, transmission and distribution of energy.|
|REN 699/2016||Regulates item XIII of Article 3 of Law No. 9,427 of December 26, 1996, which regulates the previous and posterior control of transactions between concessionaires, permitted and authorized parties and their related parties, revokes Normative Resolution No. 334 of October 21, 2008, and provides other measures.|
|REN 766/2017||Regulates the constitution of guarantees by concessionaires, permitted and authorized generation, transmission and distribution of energy providers and provides other measures.|
|REN 787/2017||Regulates the evaluation of the quality of corporate governance systems to be applied to energy distributors and provides other measures.|
|REN 896/2020||Establishes the indicators and procedures for monitoring efficiency related to the supply guarantee, the efficiency criteria related to economic and financial management of public service concessions for distribution of energy, and procedures related to non-compliance; and revokes ANEEL’s Normative Resolution 747 of November 29, 2016.|
The current resolution will be structured in modules:
- Module I: Change of constitutive acts;
- Module II: Analysis of concentration acts and economic infractions in the energy sector;
- Module III: Transfer of corporate control;
- Module IV: Concession Assets disengagement;
- Module V: Transaction between related parties;
- Module VI: Constitution of guarantees;
- Module VII: Evaluation of quality of the governance systems of energy distribution concessionaires;
- Module VIII: Monitoring efficiency in relation to energy supply and economic and financial management of energy distribution concessionaires.
Call Notice for Transmission Auction no. 02/2021 is published
On 11/17/2021, the Call Notice for Energy Transmission Auction no. 02/2021 was published. The registration occurred on December 6th and 7th and the Auction’s public session is scheduled to 12/17/2021.
The Auction will feature the following lots:
- LOT 1, composed of the following facilities in the States of Paraná and São Paulo: LT 500 kV Ponta Grossa – Assis, C1 and C2, CD and LT 525 kV Bateias – Curitiba Leste, C1 and C2, CD.
- LOT 2, composed of the following facilities in the State of Bahia: SE 500/230 kV Olindina – transformation 500/230 kV and respective connections between the 500 kV and 230 kV yards;
- LOT 3, composed of the following facilities in the State of Bahia: LT 230 kV Rio das Éguas – Rio Grande II, C1 and LT 230 kV Barreiras II – Barreiras, C3;
- LOT 4, composed of the following facilities in the State of Minas Gerais: SE 500 kV Estreito – Synchronous Compensations.
- LOT 5, composed of the following facilities in the State of Amapá: – LT 230 kV Macapá – Macapá III, C1; – SE 230/69 kV Macapá III
Energy Trading market opening: CCEE publishes technical note with proposals and special study
CCEE sent to the Ministry of Mines and Energy (MME) and the National Electric Energy Agency (ANEEL) a Technical Note with proposals for the opening of the free market.
Below are the main highlights of the document:
History of Consumer agents in the Free Trading environment (ACL)
As reported by CCEE, the free market has more than 9,000 consumer agents, with an average number of 145 new consumer agents per month in 2020:
Source: Technical Note
Priority themes for expanding market opening
- Measurement treatment: according to CCEE, the measurement system requirements (defined for high voltage) are not compatible with the scenario of market opening for smaller consumers, due to costs and efforts involved. Therefore, CCEE understands that the requirements for measurement systems to small consumer should be revised and simplified in order to avoid unnecessary investments and costs, but at the same time theyshould ensure that the necessary information is duly provided to accounting of operations in the ACL.
- Last Instance Supplier: CCEE pointed out that, with the opening of the market, small consumers will be able to access the free market through retail agents. However, it is necessary to create protection mechanisms in case the retailer loses its license or leaves the market. Thus, the creation of a Last Instance Supplier is proposed, to ensure provisory supply of consumer unit without a supplier (retail agent). CCEE proposes that the role of the Last Instance Supplier may be assumed by the local distributor due to the safety and expertise of the companies for the execution of these activities and their simple implementation.
- Regulated trading: CCEE points out that it is necessary to define whether there will still be a regulated environment of energy supply (ACR). CCEE understands that the regulated market must be maintained to assist consumers benefited by public policies, who have not chosen to change their energy supplier, who have chosen to return to regulated environment and may not be assisted by retail agents due to absence of interest.
- Legacy contracts and overcontracting: According to CCEE, with the total opening of the market, the increase in migration of consumers to the free trading market can directly affect the balance of portfolio of contracts of distributors, causing overcontracting. Thus, CCEE understands that it is important to create conditions to transfer the contracts naturally, avoiding new legacies, instituting the separation between ballast and energy, improving the communicating vessels between trading environments (free and regulated environments), managing actively the distributor portfolio and reviewing legacy contracts.
- Retail Agents: CCEE considers it necessary to make some improvements in this activity, such as the registry of relationships between Retailers and Represented Consumers, adequate the regulation to predict treatment of default cases (notifications, deadlines, etc.) directly by the local distributor responsible for power cut and improvements to the retail representation with self-consumption.
- Billing model: the energy billing of free consumers is carried out separately between the use of systems and energy consumption. However, CCEE believes that with the total opening of the market, a single invoice has advantages.
- Effects of discounts on TUSD for low voltage consumers on the CDE: Due to discounts at TUSD, CCEE understands that avoiding the impact on the CDE is an important condition for ensuring sustainable market opening.
It should also be noted that on 18/11/2021, CCEE published a study about the Market Potential, which reveals that the states of São Paulo, Minas Gerais and Rio Grande do Sul have the largest number of Consumer Units that could already be part of the free energy market.
There are 17,657,000 consumer units in São Paulo, 10,485 consumer units in Minas Gerais and 7,374 consumer units in Rio Grande do Sul. The map below provides a summary:
As pointed out by CCEE, consumers “are large and medium-sized companies, such as industries, malls or supermarket chains that, alone or together, reach a load above 500 kW, the minimum demand currently required to operate in the segment.”
See in full – Technical Note
See in full – Access to Study
Cepel launches tool for calculating the cost of green hydrogen
In late October, the Center for Electric Energy Research (Cepel) launched a calculator that provides the “Levelled Cost Of Hydrogen (LCOH) for a plant that uses green hydrogen. As reported by Cepel, LCOH assists in the economic viability analysis of green hydrogen plants, as it allows the cost of production of hydrogen from other energy resources to be compared. The calculation performed considers CAPEX, OPEX, energy, water and basic parameters, such as the discount rate and the usage of an electrolyzer
EPE publishes Technical Note about Ancillary Services from the Perspective of Expansion Planning
On 10/29/2021, the Energy Research Company published The Technical Note N° EPE-DEE-NT-090/2021-r0, about Ancillary Services from the perspective of Expansion Planning. The document seeks to discuss these services from a long-term perspective, considering the contribution of new technologies and advances in market design.
The Technical Note presents trends and long-term perspectives: (i) expansion of renewable plants; (ii) changes in the way of operating hydroelectric plants; (iii) expansion of energy generation using criteria to meet power capacity and insertion of Distributed Energy Resources; technical challenges and the need for regulatory adjustments.
Resolution about the unavailability of a generating unit or energy import is changed
On 10/29/2021, ANEEL Normative Resolution No. 947/2021 was published, with rules on the calculation of unavailability of a generating unit or energy import companies connected to the National Interconnected System – SIN. The Resolution results from Public Consultation No 8/2020.
We highlight the following provisions of the Resolution
- If the plant has a physical guarantee established by the Ministry of Mines and Energy (MME), and the amount of inflexibility considered is different from zero, the average inflexibility of the respective thermoelectric power plant with a declared CVU different than zero should be the same used to calculate its physical guarantee;
- ONS shall, at the end of each year, determine the average inflexibility over the last 5 years and, if it is lower than the guarantee declared in the last five (5) years, the difference will be considered in the 12 months of the following year as unavailability of the respective plant;
- ONS shall publish on its website the monitoring report(s) of declared inflexibilities, along with the evaluation of the motivations related to inflexibility;
- Generation agents may compensate any fuel shortage with thermoelectric power plants out of the order of merit, or thermoelectric generation (out of the order of merit) balance accumulated until 10/29/2021.
- ONS will have a period of 90 days propose to ANEEL the new Grid Procedures.
- The Resolution enters into force on 1/11/2021.
CNI launches study about economic impacts of rising energy prices
The National Confederation of Industry (CNI) published a study entitled “Economic Impact of the Increase in Electric Energy Prices”. The document provides detailed information on the evolution of energy prices, energy consumption, price increase by sectors and consumers and impacts on 2021 and 2022.
According to the study, the water crisis and increase of energy generation costs have impacted Brazilian economy. The increase on energy prices causes a reduction in general consumer demand, as households have less income to consume other products, which leads to a negative chain effect. In the context of companies that manufacture industrial goods, the increase in energy prices increases their costs, which causes the price increase of their products, and they become more expensive compared to those manufactured in other countries.
ONS creates section on its website with data panels about wind and photovoltaic generation
The National Electric System Operator (ONS) announced on 11/01/2021 the creation of a section on its website that has the historical results of wind and photovoltaic generation, grouped into 8 categories: (i) Evolution of Installed Capacity; (ii) Insertion of Wind and Photovoltaic Generation; (iii) Monthly Average Generation and Capacity Factor; (iv) Permanence Curves; (v) Average Daily and Hourly Generation; (vi) Generation Probability Density; (vii) Capacity Factor; and (viii) Plant Relationship Table.
The wind and photovoltaic generation data used are obtained from the ONS Technical Database, provided by the ONS Supervision and Control System (SSC) History and the Measurement and Billing System (SMF) of the Electric Energy Trading Chamber (CCEE).
ONS publishes Technical Note for granting subsidies to the Capacity Reserve Auction, 2021
On November, 3rd, 2021, ONS released technical note NT-ONS DPL 0131/2021-r0, to subsidize the Capacity Reserve Auction 2021 (LRC/2021), which includes the remaining Quantities of Capacity of the National Interconnected System (SIN) for energy distribution via the Basic Grid, Other Transmission Facilities (DIT) and Transmission Facility of Exclusive Interest of Energy Generators (ICG), according to Ordinances No. 444/GM/MME/2016 and No. 20/GM/MME/2021, with guidelines for the Auction.
Banks are selected to assist on the issuance of Eletrobras’ shares
On 10/28/2021 and 10/29/2021, Eletrobras published Relevant Facts to inform that it pre-selected financial institutions, such as bookrunners and leading coordinators of the Bank Union for structuring the follow-on (“Offering”) operation under Law 14.182/2021 (Eletrobras Disinvestment Law).
The bookrunners are: Bradesco BBI, Caixa Economica Federal, Citi, Credit Suisse, JPMorgan, Morgan Stanley and Safra. The leading coordinators are: Bank of America, BTG Pactual, Goldman Sachs, Itaú BBA and XP Investimentos.
See in full – Material Fact of 10/28/2021
See in full – Material Fact of 10/29/2021
IRENA and World Economic Forum publishes a road map with measures for green hydrogen
On 11/04/2021, the International Renewable Energy Agency (IRENA) and the World Economic Forum published a document with measures to support green hydrogen.
The document aims to empower decision makers to prioritize policies for green hydrogen, accelerate their implementation internationally in search of a net-zero energy system and identify the key actions needed to reach the green hydrogen market.
ANEEL amends rules on procedures for revision and consolidation of normative acts hierarchically inferior to decrees
On 11/05/2021, ANEEL published Ordinance No. 6702/2021. This Resolution details the procedures for the review and consolidation of normative acts hierarchically inferior to decrees within the ANEEL.
Among the changes, it is noteworthy that one of the steps for review and consolidation of the normative acts will result in the need for a deeper review of the current act, including the possibility of changes on their merit. Furthermore, the Ordinance changed the deadline for the fifth stage of the process of review and consolidation of normative acts to 03.31.2022.
EPE announces Transmission Expansion Program (PET) and Long-Term Expansion Plan (PELP) in new format
The Energy Research Company (EPE) released a new format of the Transmission Expansion Program (PET) and Long-Term Expansion Plan (PELP) Ciclo 2021 – 2nd Semester, which present all the expansion works of the National Interconnected System (“SIN”) defined in planning studies completed by August 2021 and that have not yet been authorized or tendered.
The first section of the document, corresponding to PET, covers only works determining the sector planning. The second section, corresponding to pelp, focuses on works of indicative character.
World Business Council for Sustainable Development publishes document with forecasts for hydrogen
The World Business Council for Sustainable Development (WBCSD) published, on 11/09/2021, a document containing “promises” for the hydrogen market, formulated by 28 companies representing the mining, energy, automotive, financial services and manufacturing sectors.
As example, some companies promised to supply net-zero energy, become carbon-neutral by 2025, to develop 4 GW of renewable hydrogen production by 2030, among others.
MME and EPE publish Electricity Demand Notebook of the 2031 Decennial Energy Expansion Plan
On 11/10/2021, the Ministry of Mines and Energy (“MME”) and the Energy Research Company (“EPE”) published the Electricity Demand Notebook of the 2031 Decennial Energy Expansion Plan (PDE 2031).
As presented in the Notebook, in the upper scenario, the sooner return to presential work and activities in 2021 reduces household energy consumption. For industries, the scenario from 2021 to 2031 considers a satisfactory structural reform with competitiveness gains for the industry, with recovery of the construction industry (benefited by new projects of concessions and investments in infrastructure), transformation and the commodity exporting sectors.
Regarding generation requirements, in the period from 2021 to 2031, the expansion of energy load of this reference scenario expands an average of 27 GW, or about 50 GW hydraulic (equivalent to 3.5 Itaipus, including the Brazilian and Paraguayan parts).
ONS Communicates Connection Point Change in Simplified Competitive Process
On 11/12/2021, ONS announced on its website that the generator whose project wins the Simplified Competitive Process (PCS) may require an Equivalent Access Document – DEA to a connection point other than authorized. The interested parties should formalize the request According to ANEEL Ordinance No. 4,309/2014, which allows the request for access in disagreement with its concession and sign the System Use Agreements. The agent should also request a change of concession before ANEEL.
TCU determines greater transparency in projects prepared with R&D resources to ANEEL
In session of 11/10/2021, the Brazilian Federal Court of Auditors rendered Ruling no. 2674/2021, about the operational audit in public policies of investments in Research and Development (R&D) in the Brazilian Electricity Sector (SEB) instituted by Law 9.991/2000.
In a decision for instance, TCU determined that ANEEL must ” adopt the necessary measures to provide transparency to projects prepared with R&D resources, evaluating possible impacts on the intellectual property rights of projects developed under the ANEEL R&D Program” and recommended ” ANEEL be informed of the weaknesses related to internal control regarding R&D Program resources”.
CCEE releases information on SIN’s electric energy operations for September 2021
On 11/11/2021, CCEE released Edition No. 171 of the Monthly InfoMercado magazine, where it presented information about September 2021 accounting, compared to the same period of the previous year. The main aspects of energy trading were considered, such as: consumption, generation, Power Purchase Agreements and amounts of energy negotiated, accounting and Liquidation in the Short Term Market (MCP).
The consolidated information is as follows:
- Consumption/Generation reached an average of 67,461MW;
- There was a 113.5% increase in the generation of thermoelectric power plants;
- The MRE plants generated an average of 33,476MW;
- The MRE Adjusted Factor was 51.54%;
- 6% increase of wind power generation;
- 152,520 average MW of Power Purchase Agreements;
- 11,811 agents participated in the accounting;
- Accounted 16,307MW at the MCP;
- Total charges were R$ 3.01 billion;
- The total liquidated was BRL 7.55 billion.
MP who created the Chamber of Exceptional Rules for Hydroenergy Management lost its validity
On 11/18/2021, the Declaratory Act of the President of the National Congress No. 78/2021 was published, declaring the end of validity of Provisional Measure No. 1,055/2021, on 11/07/2021, which created the Chamber of Exceptional Rules for Hydroenergy Management with the objective of establishing emergency measures for the optimization of the use of hydroenergy resources and to deal with the current situation of water scarcity, n order to ensure continuity and safety of energy supply in the country”.
ANEEL changes the rules about penalties for sector agents
On 11/25/2021, Normative Resolution No. 949/2021 was published, amending Normative Resolution No. 846/2019. This Resolution establishes the procedures, parameters and criteria for imposing penalties on agents in the electric energy sector.
The amendment is defined in Article 38, §2 of the Resolution, to establish that the Agent who expressly waives the right to appeal against penalties will be benefited with a reduction of 25% (twenty-five percent) in the amount of the fine, if the payment is made within 10 (ten) days.
According to ANEEL’S deliberation, the amendment was made to better elucidate the application of deadlines for the waiver of the right to appeal.
|GRANT TAKING (ANEEL)||SUBJECT||CONTRIBUTION DEADLINE|
|No. 15/2021||Further study with gathering of information about the Evaluation of the Regulatory Result for Minimum Requirements of transmission facilities of the Basic Grid||Until 12.02.2021|
|No. 16/2021||Obtaining subsidies for improvement of the proposal to further study the Evaluation of the Transmission Facilities Classification.||Until 12.24.2021|
|No. 17/2021||Obtaining subsidies for amendment of Submodules 1.2 “Agent Registration”, 1.3 “Votes and Contributions”, 1.4 “Assistance”, 1.5 “Shutdown of CCEE”, 1.6 “Retail Marketing”, 1.7 “Market Monitoring”, 3.2 “Regulated Environment Contracts”, 3.3 “Seasonalization and Review of Physical Warranty Seasonalization”, 3.5 “Revenue from sale of CCEAR, 3.8 “Surplus Sales Mechanism”, 5.1 “Accounting and Reaccounting”, 6.2 “Notification and Management of Payment of Penalties and Fines”, 8.1 “MCSD of Existing Energy”, 8.3 “Financial Settlement of MCSD Transfers”, 8.4 “MCSD Ex-post” and 8.5 “MCSD of New Energy” of the Marketing Procedures, aiming at compliance with Normative Resolution No. 904/2020, and the Rules of Commercialization of Electric Energy.||Until 01.07.2022|
|No. 18/2021||Obtaining subsidies to improve the use of new versions of Decomp (version 31) and Gevazp (version 9) models, starting January 1, 2022.||Up to 12.24.2021|
|No. 29/2021||Obtaining subsidies on the draft normative resolution and procedures for research, development and innovation – PROPDI.||12.16.2021|
|PUBLIC CONSULTATIONS (ANEEL)||SUBJECT||CONTRIBUTION DEADLINE|
|No. 030/2020||Phase 2 – Regulatory Impact Analysis – AIR, which evaluates and improves the regulation related to reinforcements and improvements in electric energy transmission facilities.||Until 11.29.2021|
|No. 66/2021||Giving transparency and gather subsidies about the Accountability of the Third Resource Application Plan of the National Program for Conservation of Electric Energy – 3rd PAR PROCEL.||Until 11.29.2021|
|No. 68/2021||Obtaining subsidies for improvement of the proposal for normative consolidation related to the application of the Energy Development Account – CDE for generation of electric energy.||Until 12.20.2021|
|No 69/ 2021[LG1]||Improvement of Normative Resolution and Research, Development and Innovation Procedures (PROPDI).||Until 12.20.2021|
|No. 70/2021||Obtaining subsidies to improve the evaluation of the Budget Proposal of the National Electric System Operator – ONS for the Cycle from January 2022 to December 2024.||Until 12.03.2021|
|No. 71/2021||Obtaining subsidies to improve the draft of Notice and Annexes of Auction No. 1/2022-ANEEL.||Until 01.10.2022|
|PUBLIC CONSULTATIONS (MME)||SUBJECT||CONTRIBUTION DEADLINE|
|No. 117/2021||Regulatory Impact Study on the Air Conditioner Targets Program||Until 11.15.2021|
|12.03.2021 – Existing Energy Auctions A-1 and A-2 2021
Biomass, national coal, process gas, natural gas and other thermoelectric source enterprises
Notice: ANEEL (to be published)
More information here
|12.17.2021 – Transmission Auction 2/2021
Concession of public transmission services, by the lowest Annual Revenue Allowed proposed, composed of 5 lots covering the states of Paraná, São Paulo, Bahia, Minas Gerais and Amapá.
More information here
|12.21.2021 – Capacity Reserve Auction, 2021
Thermoelectric source developments
More information here
This material is for informational purposes only, and should not be used for decision-making purposes. Specific legal advice may be provided by one of our lawyers.