Expert Criticizes December Battery Auction as “Regulatory Irresponsibility.”
The National Electricity Agency (Aneel) is facing sharp criticism over the planned auction of energy storage systems in December.
According to Fernanda De Paula, a lawyer specializing in energy law, the current schedule represents regulatory irresponsibility amid ongoing discussions in the National Congress about how to split the costs of contracting these batteries.
The specialist calls for suspending the auction, proposing a trans-institutional dialogue to align the rules before moving forward.
Legislative uncertainty could create legal insecurity, directly affecting sector costs and potentially leading to judicialization of the process.
The Debate in Congress and the Risk of Judicialization
The core issue lies in Bill 3716/2026, which received urgent approval in the Chamber of Deputies.
The proposal, authored by Deputy Arnaldo Jardim, aims to amend Law No. 15,269/2025, which currently assigns storage costs to power generators.
The new text foresees splitting those amounts between generators and consumers.
Fernanda De Paula warns that approving the bill after the auction would require its cancellation and a re‑drafting of the pricing stages.
The lawyer reflected during her participation in the studio axes of EVEx Lisbon 2026:
I think the math won’t be that impacted – we’re just swapping who pays the costs… But the fact is that it changes the math of where the bill goes.
Advocacy for Dialogue and Less Uncertainty
The lawyer proposes delaying the auction to allow dialogue among the Aneel, the National Congress, the Ministry of Mines and Energy (MME), and the Federal Court of Accounts (TCU).
This suspension of about 45 days, she says, would create less uncertainty than proceeding with an auction whose rules could be altered.
Legal uncertainty, as De Paula noted, tends to raise the cost of capital for projects.
The historic judicialization of processes such as the Reserve Energy Auction (LRecap) underscores the need for greater clarity and stronger oversight bodies.
The Future of Energy Storage Systems
The decision on the battery auction schedule and the potential approval of Bill 3716/2026 will have profound implications for the Brazilian electric sector.
Expanding storage systems is seen as crucial for integrating intermittent renewable sources and for maintaining grid stability.
The way the legislative and regulatory debate is conducted will determine not only cost allocation but also investor confidence and the speed of deploying these essential technologies for the energy transition.