Regulatory agency determines CCEE lacks legal basis to allow installment payments for fines.
The National Electric Energy Agency (Aneel) on Tuesday (22) upheld a crucial understanding for the energy market: the Electric Energy Commercialization Chamber (CCEE) does not have the legal prerogative to allow installment payments for debts arising from fines and penalties imposed on sector agents. The decision followed the denial of a request by the company Rio Alto, which sought the possibility of dividing a financial liability that led to the disconnection of the Santa Luzia XVIII solar power plant from the contracting environment.
The rapporteur for the case at Aneel, director Agnes da Costa, based her decision on the fact that while regulations grant the CCEE Board of Directors the authority to review installment plans related to market settlements, this permission does not extend to fines and other penalties. In the agency’s view, the CCEE cannot, on its own and in specific cases, create an installment payment regime that prevents the immediate collection of such debts or suspends disconnection processes, as this would require a clear and specific regulatory basis.
The Rio Alto case highlights the challenges faced by defaulting companies. Initially, the company had a non-compliance issue related to the registration of energy sale contracts, which was later rectified. However, the CCEE upheld the disconnection decision due to the failure to pay fines and penalties, totaling R$ 237.5 thousand for the months of November and December 2024.
Rio Alto‘s attempt to obtain a suspension of disconnection through an installment proposal was denied by the CCEE, which cited a lack of authority for such review, leading the case to Aneel.
Aneel, by upholding the CCEE‘s decision, reinforced that the mere presentation of an installment proposal is not sufficient to suspend a disconnection procedure. Current rules stipulate that suspension is only possible upon full payment of the obligation or the provision of valid guarantees, as per regulations. The company had already been formally disconnected on August 1, 2025, and subsequently had its operating licenses revoked on September 8.
In another relevant decision, Aneel also denied a disconnection suspension request for 2W Comercializadora Varejista de Energia, which is undergoing judicial recovery. The company had accumulated recurring defaults since September 2025. Despite alleging proposals for debt restructuring and negative impacts on its recovery, the agency considered that the requirements for a suspensory effect were not met.
2W‘s continued presence in the market, according to director Willamy Frota, could worsen the non-payment situation and burden other agents. The merits of 2W‘s challenge against its disconnection will still be evaluated by the Superintendency of Regulation of Generation Services and the Electric Energy Market (SGM).
