A preliminary injunction in Federal Court restores permits and suspends fine collections for delays in a 412 MW solar complex owned by Aurora Energias Renováveis in Minas Gerais.
The clean energy sector is closely monitoring the developments of a major legal dispute involving Aurora Energias Renováveis in northern Minas Gerais. The company secured a favorable preliminary injunction in Federal Court to reverse the revocation of its permits for a large photovoltaic complex.
The preliminary decision guarantees the provisional restoration of authorizations and halts the application of fines, charges, and the enforcement of guarantees associated with delays in the solar plants. The standoff has direct consequences for regulatory bodies and the financial flow of energy transmission companies.
Regulation and Operational Developments in the Sector
The controversy began after the enterprise was excluded from the exceptional amnesty mechanism for transmission contracts promoted by Aneel in 2023. At the time, the solar projects were deemed ineligible due to regulatory compliance pending issues.
Without amnesty for the so-called CUST (Transmission System Use Agreements), the authorizations for the Aurora 54 to 63 solar plants, which total 412.4 MW of capacity, were administratively revoked. This generated a liability of financial sanctions for the generator.
Following the recent preliminary injunction granted by Federal Judge Itagiba Catta Preta Neto, of the 4th Federal Civil Court of the Federal District, the ONS informed market agents that it is analyzing operational measures to comply with the order. Aneel has a 30-day deadline to prove that it has complied with the court determination.
Delays in Licensing and Technical Analysis
The defense of Aurora Energias Renováveis is based on successive delays in the archaeological licensing process conducted by Iphan. The procedure began in July 2021, yet the agency’s conclusive opinion was only issued in January 2024.
Aneel‘s own technical staff acknowledged that the agency exceeded regulatory deadlines, suggesting the waiver of 238 days as an exclusionary factor for liability. However, this recommendation was ultimately rejected by the agency’s collegiate board at the administrative level.
When analyzing the urgency of the request, the magistrate pointed out that the agency’s technical opinion reinforces the plausibility of the thesis presented by the solar project developer.
The recognition of the environmental agency’s delay by the technical area itself constitutes a relevant element for the provisional preservation of the legal status of the enterprises.
Parallel Victory in Transmission Charges Litigation
Simultaneously, the 7th Civil Court of Brasília dismissed a collection lawsuit filed by Axia Energia Norte against Aurora Energias Renováveis IX. The transmission company sought to recover approximately BRL 459,000 in transmission system charges.
The Court understood that the calculations presented by the transmission company did not align with the new timeframes adjusted after the recognition of operational delays. Axia Energia Norte has already appealed the decision in the second instance.
The outcome of the case could create crucial precedents for the photovoltaic market and the management of licensing deadlines for renewable projects in Brazil. The consolidation of this legal thesis will bring greater predictability to investments in the expansion of the national clean energy matrix.