ANEEL regulates the application of article 16-B of Law No. 9,074/1995 and defines the new rules for self-production by equivalence

See also: Energy | Indirect Taxation – July 2026

The Board of Directors of the National Electric Energy Agency (ANEEL) approved, through Order No. 2,414, of June 30, 2026, the guidelines for the application of article 16-B of Law No. 9,074/1995, a provision introduced by Law No. 15,269/2025 within the scope of the modernization of the electricity sector. The decision establishes how the Electric Energy Trading Chamber (CCEE) should operationalize the new regime of self-production by equivalence and represents the first practical regulation of the profound changes promoted by the legislative reform.

Law No. 15,269/2025 significantly reformulated the requirements for classification as an equivalent self-producer. Among the main changes, it now requires the consumer to have a minimum aggregate contracted demand of 30 MW, composed of consumer units with individual demand of at least 3 MW, in addition to establishing stricter criteria for equity participation in the company that holds the generation grant.

At the same time that it restricted access to the benefit for smaller consumers, the legislation expanded the concept of equivalent self-producer by admitting the classification of companies that are part of the same economic group as the generator, provided that the requirements of corporate participation provided for in the law itself are observed.

Within the scope of the regulation, ANEEL confirmed that, for applications filed as of November 25, 2025 ? the date of entry into force of Law No. 15,269/2025 ? only generation projects that have a grant (concession, permission or authorization) may be classified as self-producers. As a result, the modeling of self-production backed by plants of reduced capacity operating only through registration is no longer allowed, an understanding that had previously been accepted by the Agency and the CCEE.

To preserve situations that are already consolidated, however, the Board of Directors established a transition rule. Self-production structures established before the publication of the new law and linked to plants without a permit may remain modeled in the CCEE for up to three years, in compliance with the principle of legal certainty.

Another relevant point of the decision was the clarification about the interpretation of the new minimum demand requirements. The Agency confirmed that all consumer units used to compose aggregate demand must have, individually, contracted demand equal to or greater than 3 MW, ruling out interpretations that would admit the aggregation of small loads to reach the legal limit of 30 MW.

ANEEL also defined that the CCEE must use the corporate concepts provided for in the Brazilian Corporation Law, in ANEEL Normative Resolution No. 948/2021 and in the Agency’s own technical guidelines to verify, on a case-by-case basis, the existence of corporate control, coalition and other links necessary to qualify as an equivalent self-producer.

This material is provided for informational purposes only. Our Energy team closely monitors industry trends and developments and is available to provide additional information on these and other topics.