The director of ANEEL, Fernando Mosna, sent a memorandum to the director-general of the agency, Sandoval Feitosa, requesting an extraordinary board meeting for this Thursday (21), at 14 pm.
The purpose of the meeting is to deliberate on issues classified as urgent, relating to the 2026 LRCAP (Capacity Reserve Auction in the form of Power), which is under intense investigation by the TCU (Federal Court of Accounts).
Mosna's move, as the rapporteur for the LRCAP case, is a direct response to a ruling by Minister Jorge Oliveira, the rapporteur for the case in [the relevant jurisdiction]. TCU.
The minister determined, through an official letter sent on Tuesday (19), that the Agency inform the Court within a maximum interval of 24 hours, of any type of change in the situation of the process that may motivate the eventual adoption of precautionary measures in relation to the competition.
According to Director Mosna, the topic was not on the agenda for yesterday's regular meeting because the agency was awaiting a signal from the Judiciary.
There was anticipation for a decision in a lawsuit filed by Abraenergias (Brazilian Association of Energy Industry Unions and Associations), which is also seeking the suspension of the auction.
Pricing
Questioned by journalists, including those from Canal Solar, this Wednesday (20), after the inauguration event of the Regional Management of ANEELIn São Paulo (SP), Sandoval Feitosa commented on the TCU's request.
"The Agency is confident that it can answer what it can. Regarding matters we cannot answer due to legal limitations, we remain restricted. There are questions that must be answered by the competent authorities," he stated.
He admitted, however, that, given the needs of the SIN (National Interconnected System), editions of the LRCAP should have already been held since 2022.
Regarding the risk of market concentration due to the movement of large companies acquiring winning projects from the 2026 bidding process, Feitosa reported that... ANEEL It has an agreement with CADE (Administrative Council for Economic Defense), but it is up to that entity to comment on this particular issue.
Feitosa also added that it will be at the extraordinary meeting requested by Fernando Mosna that he and the other members of the board will learn more details about the LRCAP process, considered "very sensitive," and the rapporteur's opinion.
Regarding the issue of the prices set for the auction, Sandoval Feitosa emphasized that the ANEEL It has no responsibility for this definition, which has historically been the responsibility of the MME (Ministry of Mines and Energy).
“We have no control whatsoever. We did not participate in the formation of the initial price, much less the subsequent change. Therefore, we have no information,” he noted, also referring to the price revisions promoted by the Ministry of Mines and Energy (MME) after the negative reaction from market participants to the table initially released by the ministry.
Risks
The technical situation is considered critical by the TCU's technical staff, who have already filed an opinion recommending the suspension of the award and partial approval of LRCAP 2026.
The focus of a precautionary measure suggested by the technicians falls specifically on thermal products, which are expected to enter operation in stages between the years 2026, 2027, 2028, 2029 and 2031.
If the recommendation is accepted, only hydroelectric products would be cleared to proceed with the homologation process.
The tender establishes strict deadlines. The awarding of the contract for the 2026 project is scheduled for this Thursday, while the deadline for the other projects is June 11th.
In their opinion, the court's technicians justify the need for interruption by citing the "risk of disadvantageous and long-term contracts, with significant repercussions" for the system and for the consumer.
Reaction
On the other hand, agents from the productive sector reacted promptly to the technical opinion. A manifesto signed by experts such as former minister Bento Albuquerque, economist Adriano Pires, and the former president of EPE (Energy Research Company), Reive Barros, projects an alarming financial impact.
According to Abraget (Brazilian Association of Thermal Power Generators) and other signatories, the accumulated cost of potential blackouts and the need for rationing could reach R$ 970 billion if the LRCAP results are not approved. For this group, maintaining the auction is vital to avoid the collapse of the national supply.
Convocation
The regulatory crisis also took on political dimensions in the National Congress. The Senate's Infrastructure Services Committee approved the summoning of the Minister of Mines and Energy, Alexandre Silveira.
The request, authored by Senator Marcos Rogério (PL-RO), seeks clarification regarding the ministry's actions to expedite the commissioning of thermal power plants that were contracted precisely within the scope of the LRCAP.
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