ANEEL It confirms that the auction notice for batteries should be analyzed on October 27th, with publication scheduled for the 29th.

The board of ANEEL The Brazilian National Electric Energy Agency (Agência Nacional de Energia Elétrica) is scheduled to review the LRCAP (Auctions for Reserved Capacity in the Form of Power) tender notice on October 27th, aimed at contracting BESS (battery energy storage systems), with publication expected on the 29th.

The forecast was confirmed this Thursday (14), by Ivo Sechi Nazareno, president of the CPL (Permanent Auction Commission) of the Agency, during a joint workshop of ANEEL, coordinator of the auctions with CCEE (Chamber of Electric Energy Commercialization), responsible for the organization.

Despite the debates and threats of legal action surrounding the financing of the storage systems, ERCAP, through Nazareno, stated that it is not considering postponing the auctions, scheduled for December 2nd and 4th. The CPL presentation detailed the procedures for registration, provision of bid guarantees, and qualification of projects wishing to participate in the auctions.

The guidelines are based on the rules submitted for public consultation, but, as highlighted, they do not yet anticipate any changes resulting from the final analysis of the tender by the board. The schedule foresees separate auctions, with their own registration, tender documents, and qualification processes.

Two tenders and start of supply in 2028

The auctions are scheduled to begin at 10:00 AM, although this time may be changed through an official announcement. The 4th LRCAP (Brazilian Electricity Market Regulation) requires national content, while the 5th LRCAP was presented as a modality with distinct rules regarding the nationalization of equipment. Both aim to contract power availability through battery storage systems.

The contracts should have a duration of 15 years, with supply scheduled to begin in August 2028. This date may be brought forward, provided there is a decision by the CMSE (Electricity Sector Monitoring Committee). The schedule presented by the CPL (Permanent Bidding Commission) foresees the publication of the tender notice on October 29th, before the December sessions.

Rules for FIPs

According to the schedule presented at the workshop, project submissions should take place between October 18th and 20th, with a deadline for submitting the proposal guarantee until the 23rd. The procedure will be carried out through an electronic system of [organization name]. ANEEL, which will subsequently forward the information to CCEE.

Please note that there may be a delay of approximately 30 minutes before receiving confirmation via email from the Chamber. If the message does not arrive, the participant should contact CCEE or CPL.

Private legal entities, both domestic and foreign, may participate individually or in consortia. Private equity funds (FIPs) and supplementary pension entities, however, may only participate through consortia.

One essential condition is that the owner of the storage system registered with EPE (Energy Research Company) be linked to the registration. The company must participate individually or be part of a consortium, regardless of its percentage share.

When the project already has a concession, the applicant must also be the holder of the corresponding authorization. In consortia, the registration system will require the identification of all members and the indication of the lead company.

When there is joint participation of Brazilian and foreign companies, the leadership should belong to the Brazilian company. It was indicated that it is necessary to inform the shareholders of FIPs (Private Equity Investment Funds) with a stake exceeding 5% and to accept the declaration required by the call for proposals to complete the registration.

Before registration opens, project owners must receive a CIE (Project Identification Code), used to confirm the link between the project registered with EPE and the registered company.

If the code is not received, the CPL's guidance is to request it be sent to the email address master.cpl@aneel.gov.br.

Guarantee of R$ 98 per MW

One of the main points of the guidelines concerns the financial contribution required for participants to be considered eligible to compete in the auctions. The bid guarantee was estimated at R$ 98 per Megawatt (MW) of installed storage capacity.

The reference used will be the power output stated in the project authorization approval letter issued by EPE. Payment of the guarantee is a condition for participation in the bidding process, as is registration and validation by the custodian agent.

Accepted forms of payment include cash deposit, surety bond, bank guarantee, government bonds, and capitalization bonds. In the case of cash deposits, it was clarified that they must be made at Caixa Econômica Federal (a Brazilian bank).

For surety bonds, it will be necessary to fully comply with the clauses stipulated in the investment manual, which will be published along with the call for proposals. The bank guarantee must also follow the established model, with the requirement of a risk rating of the bank between A and B.

The guarantees of companies that are not selected in the bidding phase will be returned according to the deadlines stipulated in the tender notice. For the winning bidders, the return of the bid guarantee will occur within five business days after the provision of the performance bond.

Requirement for proof of financial means

Once the auctions are concluded, the selected companies will need to submit documentation to CCEE through the SGL (Auction Management System). Submission is scheduled for December 18th and must include requirements for legal, fiscal, labor, economic-financial, technical, and sector-specific compliance qualifications.

Regarding corporate matters, attention was drawn to the need to present articles of association or bylaws duly authenticated by the competent commercial registry, and not just simple copies.

A complete diagram of the economic group must also be provided, identifying the individuals holding a stake exceeding 5%. For consortia, a contract signed by legally authorized representatives will be required.

The tax and labor documentation includes certificates valid on the date of filing, covering FGTS (Brazilian employee severance fund), federal, state, and municipal taxes, as well as labor compliance. The economic and financial assessment will examine bankruptcy and judicial reorganization certificates, balance sheets, and liquidity indicators.

The balance sheet must be extracted from the Public Digital Bookkeeping System (SPED) or registered with the commercial registry. A benchmark general liquidity ratio of 0,2 and a minimum net worth of R$ 980 per MW of installed capacity were indicated.

For companies with more than one venture, accumulated financial commitments will be considered, which may result in disqualification if the minimum capacity is not proven. In the case of special purpose entities (SPEs), the required assets may be demonstrated through the direct controller, according to the conditions stipulated in the tender notice.

On the technical side, the ANEEL It will verify the history of project delays and any penalties related to the expiration or revocation of authorizations in the 36 months prior to the publication of the notice.

The documents of the technical manager and the physical schedule of the project must also be submitted. Sectoral compliance will be verified directly by the agency, including the situation of the applicant and its direct and indirect controllers.

Due Diligence

The projected date for the qualification hearing is March 8, 2027, followed by a period for appeals. Companies will have three business days to appeal the decision. If an appeal is filed, an additional three business days will be granted for counter-arguments.

The final decision will rest with the board of directors of ANEEL, which is also responsible for the approval and awarding of contracts, scheduled for early April 2027. Companies with correct and complete documentation may be qualified before those that need to respond to due diligence procedures.

For the winning bidders, the performance bond must be provided within 15 days of the approval and award, allowing the concession to proceed.

Also highlighted was the need to pay attention to the supplier's accreditation certificate with BNDES, a requirement related to formalizing contracts under the modality requiring national content.

Auction stages

The exhibitions under the responsibility of ANEEL Yesterday's workshop was preceded by technical presentations from CCEE regarding the steps that agents will need to take with the Chamber.

Detailed guidelines were also presented on the technical and operational functioning of the auction sessions, structured in an initial stage, a continuous stage, and a ratification stage. The instructions will be available on the Chamber's website, in the CCEE Academy portal; those interested simply need to complete the required registration.

Broadcast on the Agency's YouTube channel, the workshop had an audience of 335 people connected to the presented content, in addition to 1.915 views at different times. The full event is available here. link. 

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