The battery auction faces a climate of legal instability that could jeopardize the timeline for contracting power for the national electric grid.
Preparation for the unprecedented battery auction, scheduled for December, is proceeding under a cloud of uncertainty. The main obstacle lies in the cost allocation model defined by law, which places the financial burden on generators — a scenario that specialists warn is fertile ground for legal challenges capable of stalling the process.
During a seminar held in São Paulo this Friday (11), promoted by Clean Energy Latin America (Cela) and the International Finance Corporation (IFC), Raphael Gomes, an energy partner at Lefosse Advogados, emphatically stated that Aneel has limited room to maneuver in adapting these guidelines, as the payment structure directly depends on a legal adjustment.
Legislative Hurdles and the Risk of Rerunning the Auction
While legislative attempts exist, such as Bill 3,716/2026, authored by Representative Arnaldo Jardim, the viability of its approval is considered remote. The political calendar, marked by upcoming elections and dwindling parliamentary sessions, is expected to prevent structural changes from occurring before the auction.
For Raphael Gomes, the concern extends beyond the pre-tender phase. The specialist highlights the danger of legal challenges arising after the rules are published:
“If you hold an auction with one set of rules, and then that is changed afterwards, whoever won the auction will raise their hand and say: we must have obedience to the bidding terms, so we have to redo this auction. That’s terrible.”
Legal uncertainty is amplified by the debate among stakeholders themselves. While hydroelectric and thermoelectric plants dispute the obligation to bear the costs, renewable sources like wind and solar claim economic infeasibility to support the burden, raising the possibility of intervention by the STF.
Aneel’s Position
In response to the sector, Aneel’s auction secretary, Ivo Sechi Nazareno, affirmed that the regulatory body is committed to bringing more predictability to the process. The agency’s strategy involves open dialogue during the drafting of the tender document, slated for late October, aiming to address concerns from investors and financiers to avoid future loopholes.
The government still maintains confidentiality regarding the exact volume of megawatts to be contracted, but the alarm has been sounded: the Brazilian electric grid urgently demands more power and reserve capacity by 2028. For specialists, the contracting of Battery Energy Storage Systems (BESS) is no longer an innovation option, but a vital requirement for the country’s energy security.
