Through MME Ordinance No. 843/2025, the Ministry of Mines and Energy – MME opened on Tuesday (06.24.2025) Public Consultation No. 187/2025, on the proposal to regulate the application of discounts in the Tariffs for the Use of the Transmission and Distribution System – TUST/TUSD (“Public Consultation”). The proposal presented by the MME seeks to establish the guidelines for the enjoyment of such discounts in the wire, in view of the changes recently introduced by Provisional Measure 1300/2025 (“MP 1300”) – notably, paragraphs 1-P to 1-T, included in art. 26 of Law 9.427/1996.
Main Proposals under discussion in the Public Consultation
- Conditional application of discounts – Eligibility will depend on the registration and validation, at the Energy Trading Chamber (“CCEE “), of the bilateral contracts for the commercialization of incentivized energy, accompanied by detailed information on (i) the annual amounts of contracted energy, (ii) flexibility – limited to the percentage of 20%, up or down –, and (iii) the consumer units and plants linked to such contracts. The absence of registration and validation by the parties until 12.31.2025 will lead to the loss of the grid use discounts applicable to the consumption segment, converting the contract to a conventional energy trading operation.
- Prohibition on changes after 12.31.2025 – After this date, modifications to the essential information of the contracts (annual amount, flexibility percentages, identification of consumer assets/units and respective linkage) are prohibited, ensuring regulatory stability and avoiding the opportunistic use of incentives.
- Completion of the retail qualification by 12.31.2025 – Consumers represented by a retail trading agents will only have access to the discounts if they complete, by 12.31.2025, the entire qualification process at the CCEE, including the complete identification of the consumer units. The benefit will be in force as long as the retail representation contract used for the qualification lasts.
- Extraordinary charge linked to deviations – It will be calculated annually by the CCEE, comparing the annual amount contracted (registered and validated until 12.31.2025) and the amounts actually realized (measured from the measurement of consumption or generation, as the case may be, as well as from the monthly values effectively registered and validated in the CCEE for the purposes of accounting and settlement of operations carried out in the short-term market). Deviations up to 5% are exempt; surpluses will generate the extraordinary charge, calculated by multiplying the deviation by the unit value to be defined according to ANEEL regulation. For contracts whose buying party is a consumer agent, the unit value will correspond to three times the unit cost of the CDE. The burden will be shared equally between buyer and seller and subjects the defaulter to the same penalties applicable to other sectoral charges.
- Registration via term of commitment for plants already granted and not adhered to the CCEE – Holders of projects granted until 05.21.2025 that, due to regulatory restriction, cannot yet adhere to the CCEE may register contracts through a term of commitment with a notarized signature (or ICP-Brasil digital certification). The document must be delivered to the CCEE by 12.31.2025, accompanied by a copy of the purchase and sale agreement; After that date, no changes will be accepted.
- Calculation of deviations and future dismissal – The calculation of deviations and the collection of the extraordinary charge will cease in the cycles following the cancellation of the contract at the CCEE, without prejudice to the amounts already due up to the time of cancellation.
- Fraud and sanctions – Evidence of fraud or simulation to obtain the discounts must be communicated by the CCEE to Aneel, which may initiate a sanctioning proceeding without prejudice to civil and criminal liabilities.
Next steps
The Public Consultation will be open until July 24, 2025 for the submission of contributions from sectoral agents, and the draft of the decree is available for access at this link. After this period, the MME will consolidate the contributions and submit the final version of the Normative Ordinance for publication.
It is appropriate to note that the current scenario of the Public Consultation is marked by unpredictability and legal uncertainty, since consumers, generators and society in general must contribute to the regulation of a provision that may be revoked and/or modified when MP 1300 is analyzed by the National Congress.
Additionally, notwithstanding the importance of clarifying doubts regarding the changes in the rules of the application of the discount to consumers, it is relevant to note that the proposal for a Normative Ordinance confirms the impact on grants already issued and contracts already signed, reinforcing the fears of questioning the legality (or even constitutionality) of the provisions of MP 1300.
Our Energy team closely follows the main news and updates of the sectoral rules and regulation of the Brazilian Electric Sector (“SEB”) and is available to clarify doubts about the consultation and support the preparation of suggestions to be sent to the MME, as well as to answer any other questions about the main topics of the SEB.
