ANEEL has opened a public consultation to define cost-sharing for battery capacity reserves, impacting large-scale solar generators connected to the CCEE.
The Brazilian Electricity Regulatory Agency (ANEEL) has launched a public consultation to determine the allocation of costs for capacity reserve charges related to battery energy storage systems. The measure directly impacts investors in the electricity sector.
The new charge, known as Ercap-SAE, is aimed at larger-scale generators. Projects that trade energy as agents within the Electric Energy Trading Chamber (CCEE) require close attention at this time.
However, the regulator has established an important distinction for the consumer market. Projects classified as micro- and mini-distributed generation have been entirely excluded from the proposed billing base.
Who is subject to the new cost-sharing charge
The proposal covers power plants that hold a concession or registration and are active agents in the CCEE. Consequently, large-scale centralized solar power plants must evaluate the potential regulatory impact on their operations.
Conversely, systems installed on rooftops or small local power plants will not be subject to this charge. The determining criterion for the fee is the plant’s regulatory classification, rather than just the use of photovoltaic technology.
The draft subjects holders of a generating plant concession or registration who are CCEE agents to the cost-sharing, while excluding distributed generation.
Calculation methodology and cash flow impact
The Ercap-SAE calculation will consider the energy effectively associated with each agent during the assessment period. The classification data for these projects will be provided annually by the National Electric System Operator (ONS).
The division will not be based simply on installed capacity or the number of solar panels. Furthermore, the proposal is separate from any potential financial compensation for generation curtailments imposed on the sector.
Experts recommend that managers of solar plants within the CCEE simulate regulatory cost scenarios in their planning. This preliminary assessment allows for the structuring of well-founded technical contributions to the regulatory agency.
Next steps for the public consultation
The participatory process for Public Consultation 37/2026 will be open for market contributions until early November. This period is crucial for submitting proposals for adjustments to the final regulatory text.
With the expansion of energy storage in Brazil, the maturation of tariff rules will ensure greater legal certainty. Investors should monitor developments to safeguard the profitability of their projects.
