The company Pahlavan Ventures One has petitioned Aneel to secure extra transmission capacity in São Paulo without going through the new competitive model, sparking debate in the infrastructure sector.
The expansion of the data center market in the state of São Paulo has reached a new regulatory milestone. The company Pahlavan Ventures One, controlled by Cloud HQ, has formalized a request with the National Electric Energy Agency (Aneel) to secure the right to contract an additional 11.53 MW of transmission capacity for 2029. The goal is to bypass the need for this extra volume to be submitted to the new competitive auction guidelines.
The move comes amid ongoing discussions regarding the application of rules under the first cycle of the National Policy for Access to the Transmission System (Pnast). The company, which was among the winners of the recent auction, is seeking to safeguard the energy planning for its facilities without destabilizing the results obtained in the recent process.
The dispute gained traction following legal developments. Recently, the Federal Regional Court of the 1st Region (TRF1) ordered the regulatory agency to urgently evaluate an injunction filed by the business complex, provisionally shielding the 440 kV busbar of the Replan substation from being definitively allocated to other agents.
New rules and the impact on infrastructure
The current claim focuses exclusively on Pahlavan One, requesting that a portion of the load growth projected for the end of the decade be supported by the old transition rules. According to the corporation, the 11.53 MW increase in the Must (Transmission System Use Amount) was already included in the initial studies prepared by the National Electric System Operator (ONS), reflecting the natural progression of the technology project.
To resolve the impasse, the company presented two viable alternatives to the agency. The priority would be to absorb the volume through any physical surplus at the São Paulo substation, provided that the amount is not already committed to third parties. Otherwise, the suggestion is to split the volume, applying the previous model only to the excess fraction while maintaining the remainder under Pnast requirements.
The company’s defense stated in the administrative process:
The company argues that this alternative would allow for reconciling the protection of situations established under previous rules with the preservation of the auction results.
Beyond legal certainty regarding energy capacity, the technology developer has also raised a financial concern. If the auction premium was paid on the total volume previously secured, the organization is demanding a proportional refund regarding the megawatts that are migrated to the transition regime.
Market expectations are now focused on how quickly the regulatory agency will examine the request. The decision could set important precedents for managing large energy demands in the state, balancing technological innovation in data centers with the stability of the national power grid.