Seven electric sector associations seek government support to approve Bill 3.716/2026, aiming to redistribute battery costs and ensure legal certainty for the storage market.
A coalition of seven leading associations that make up Brazil’s electric sector sent a joint letter to the federal government requesting urgent support for the passage of Bill No. 3.716/2026. The proposal seeks to change the current cost allocation rules for battery energy storage systems, which today fall almost exclusively on generators.
The entities argue that concentrating the obligation creates economic distortions and unnecessary risks for projects. For the sector, the final cost of procuring these power reserves inevitably passes to the consumer, regardless of who initially pays.
The debate over the service’s systemic nature
The main justification from the associations is that battery storage has a systemic nature, being essential to ensure energy supply security during peak or scarcity periods. Therefore, they argue that the financial burden should not be treated differently from other reserve technologies already established in Brazil’s electric grid.
Additionally, the entities highlight that the National Electric Energy Agency (Aneel) has already indicated, through its technical area, the feasibility of passing these costs onto regulated contracts. The attempt to restrict the cost only to generators, according to the signatories, merely increases project risks, raises procurement costs, and ultimately impacts society’s prices.
“Concentrating the charge on generators does not eliminate the cost for consumers, as the burden tends to be incorporated into energy prices, according to contractual and market conditions, with repercussions on the production costs of goods and services.”
Auction and legal certainty
The urgency of the associations is also tied to the first capacity reserve auction specifically for battery systems. The group fears that if the dispute over the payment model persists, the auction could face administrative and judicial challenges, potentially derailing the implementation schedule and deterring investors.
The advancement of this project is seen as strategic for boosting the national storage industrial chain. With the expected regulatory security through the bill’s approval, the sector believes it can unlock significant investments in local engineering and manufacturing, essential for the country’s energy transition.
The letter was signed by leaders from entities such as Abeeólica, ABIHV, Abrage, Abragel, Absae, Absolar, and Apine. The document was addressed to several ministers, including the Minister of Mines and Energy, Alexandre Silveira, and the Chief Minister of the Civil House, Miriam Belchior. With the Brazilian battery market projected to grow significantly by 2026, resolving this regulatory impasse becomes a decisive step for the economy’s competitiveness and the national electric system’s stability.