The CCEE has presented proposals to Aneel to expand its autonomy in market monitoring, advocating for preventive tools and faster application of measures against irregularities.
The Electric Energy Commercialization Chamber (CCEE) is seeking to ensure greater agility and effective tools within the new Market Monitoring Sancioning Process (PSM). In a contribution submitted to the National Electric Energy Agency (Aneel) during Public Consultation 17/2026, the entity reinforced the need to maintain conciliation mechanisms and flexibility in precautionary actions.
The core of the debate lies in the divergence between the regulatory agency’s technical view and the CCEE‘s practical experience in managing the market. While Aneel suggests a more rigid model with closer direct supervision, the Chamber argues that speed is essential to mitigate systemic damage before any irregularity escalates into a liquidity crisis or a chain reaction of defaults.
Maintaining Agreements and a Preventive Stance
One of the main points of friction is Aneel‘s attempt to eliminate the Commitment Agreement and the Regularization Agreement from the new process. The agency argues that these instruments have low efficiency. However, the CCEE counters this, highlighting that the energy market requires agile protection solutions.
In the energy market, agreements serve a preventive function and could avoid the worsening of an agent’s financial situation, chain contract terminations, and loss of liquidity.
To make these agreements viable, the CCEE has proposed that they be signed by the director responsible for the Market Monitoring and Security Structure (ESMM) in conjunction with the CEO, ensuring a collegiate and balanced decision before final communication to the agency.
Agility in Precautionary Measures
Regarding precautionary measures, the CCEE defends its ability to act before issuing an official notification to Aneel. The entity’s proposal provides for communication to occur within two business days after the measure is adopted, preventing bureaucratic procedures from hindering actions that require an immediate response to contain market distortions.
Furthermore, the entity seeks to define clearer internal decision-making bodies, involving the ESMM and the board, while always maintaining the possibility of subsequent appeals to Aneel. The Chamber emphasizes that, in high-complexity scenarios, sharing decision-making responsibility protects operational transparency.
Transparency versus Agent Protection
The issue of procedural confidentiality also remains at the center of attention. The CCEE suggests that cases should remain confidential until a final decision is reached, avoiding unnecessary damage to the reputation of companies that may eventually be acquitted. Aneel, in turn, prioritizes publicity, focusing on the security of the market as a whole.
Although it has yielded on points such as penalties for fraudulent operations—which will remain under Aneel‘s direct jurisdiction—the CCEE maintains its firm stance on the importance of the PSM. With fines that could exceed R$ 50 million, the new regulation is seen as fundamental to providing credibility and confidence to the power sector, especially during a time of increased market opening and a drive for transaction transparency.
