A ANEEL The Brazilian National Electric Energy Agency (Agência Nacional de Energia Elétrica) approved the opening of Public Consultation No. 040/2026 to regulate the end of discounts on tariffs for the use of distribution and transmission systems (TUSD and TUST) for consumers in the free energy market.
The regulation aims to adapt the sector's rules to Law No. 15.269/2025. The measure affects consumers who, after the legislation comes into effect, migrate to the... ACL (Free Contracting Environment) or request an increase in the contracted capacity for network usage.
One of the points under discussion is defining the time frame for maintaining the benefit, including the treatment of the formal communication sent to the distributor expressing the intention to migrate to the free market.
The proposal includes changes to Normative Resolutions No. 1.000/2021 and No. 1.009/2022, as well as adjustments to the rules and procedures for the commercialization of electricity.
For self-producers, the ANEEL The proposal suggests maintaining the discount only on the portion of consumption actually met by self-generation. In the case of subsequent load increases, the proposal foresees a proportional loss of the benefit.
The text also assigns to the distributors and the ONS (National System Operator) the responsibility of updating, together with the CCEE (Chamber of Electric Energy Commercialization), the contracted amounts for network usage.
Since the law was enacted, industry stakeholders have submitted questions to the Agency regarding the conditions for preserving the discount. These questions include the effects of changes in ownership, address, supplier, and contracted amount after migrating to the ACL (Free Contracting Environment), as well as the application of the benefit in specific access and contracting situations.
According to the technical area of ANEELA significant portion of the questions do not involve concrete, already established situations. The expectation is that the proposals submitted for consultation will allow agents to identify how their cases fit within the rules.
Contributions may be submitted from October 29 to December 14, 2026, via document exchange, to the email address cp040_2026@aneel.gov.br.
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