Brazil's ANEEL Approves 9.5 GW Amnesty Day and New Photovoltaic Curtailment Rules
2026-06-07 14:42
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en.Wedoany.com Reported - The Board of Directors of Brazil's National Electric Energy Agency (ANEEL) approved on June 2 the launch of a new round of the mechanism known as "Amnesty Day," allowing projects that have not yet achieved commercial operation to terminate their Transmission System Usage Contracts (Custs). The mechanism involves approximately 9.5 GW of installed capacity, with related contracts originally scheduled for execution in 2026; this amount represents a portion of the approximately 18.5 GW of projects that have not yet started construction and whose grid connection commitments will expire in the coming years.

The measure was adjusted following a public consultation, with modifications including the exclusion of power plants already in commercial operation from the scope of beneficiaries. ANEEL's technical department assessed that the original wording could leave room for projects holding valid Transmission System Usage Contracts and currently operating to join the mechanism by suspending their activities.

This new regulation aims to correct market distortions caused by legal changes and the persistent existence of a large number of projects lacking implementation feasibility. Such phenomena stem from a concentrated surge in generation license applications, especially for renewable energy projects, which the industry calls a "gold rush."

According to the approved timeline, relevant entities must notify the National Electric System Operator (ONS) of their intention to terminate contracts by June 16; the operator must then submit to ANEEL by August 20 a list of projects eligible for participation. ANEEL will analyze each project individually, verify whether it involves financial arrears related to the electricity sector, and decide based on the assessment whether to revoke the license and terminate the corresponding Transmission System Usage Contract.

On the same day, ANEEL also approved modifications to certain modules of the commercialization rules, involving the calculation and payment procedures for financial compensation related to mandatory generation curtailment of photovoltaic power plants (UFV). The modifications cover modules such as "Fees," "Result Integration," "CCEAR Sales Revenue," and "Reserve Energy Contracts," which are components of the electricity commercialization rules and procedures applied to the Accounting and Settlement System (SCL).

The proposal was open for public consultation from February 26 to March 11 this year, receiving 135 contributions from 26 participants, including companies, electricity industry associations, and consumer protection entities.

Through this decision, ANEEL aligns the rules with the provisions of Chapter A of Part II of Normative Resolution No. 1.030/2022 (incorporated by Normative Resolution No. 1.073/2023). This regulation defines standards for handling curtailment events at solar power plants, including event classification, scope of application based on dispatch methods, methods for calculating and valuing ungenerated electricity, as well as risk allocation, responsibilities, and financial compensation mechanisms.

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