A ANEEL The Brazilian National Electric Energy Agency (Agência Nacional de Energia Elétrica) decided to postpone the approval of the results of the 2026 LRCAP (Auction for Reserved Capacity in the form of Power) following the development of a legal dispute involving the auction.
The decision to postpone was formalized in an internal memo signed by Fernando Mosna, director of ANEEL, this past Wednesday (13).
The internal document of ANEEL obtained by Canal Solar points out that the process will not be included on the agenda of the agency's next public board meeting, scheduled for May 19, due to the "legal uncertainty" created by the lawsuit challenging the auction.
The 2026 LRCAP (Local Resource Management Agreement) was held on March 18th and 20th, with publication of the approval scheduled for May 21st and June 11th, followed by the signing of the CRCAPs (Capacity Reserve Power Contracts).
The controversy began after Abraenergias (Brazilian Association of Unions and Associations Representing the Energy Industries) filed a public civil action against the company on May 8th. ANEEL, the Union, the ONS (National Electric System Operator) and the EPE (Energy Research Company).
In the lawsuit, the organization requests the immediate suspension of the auction's effects, including the acts of approval, awarding, and signing of contracts. On the merits, the association requests the annulment of the bidding process, alleging supposed problems in the auction's structure, mainly related to the definition of economic and competitive parameters.
The situation took a new turn after MPF statements (Federal Public Prosecutor's Office), which has taken a position in favor of the immediate suspension of the acts of approval, awarding and signing of contracts until the conclusion of the judicial analysis of the process where this section is located.
According to the memorandum, the Agency understands that there is a risk of a new court decision at any time, which has increased caution regarding the continuation of regulatory procedures.
"In this context, there is legal uncertainty regarding the matter, insofar as the judicial controversy is still pending review under an urgent protective measure, with potential direct repercussions on ongoing regulatory acts," says an excerpt from the document.
According to the text, the Ministry of Mines and Energy (MME) is evaluating the possibility of bringing forward the contractual terms of some projects to allow for the start of supply as early as August 2026.
Despite the postponement, the ANEEL It was reported that the topic may still be analyzed by the board of directors at a later date, including through an Extraordinary Public Meeting.
all the content of Canal Solar is protected by copyright law, and partial or total reproduction of this site in any medium is expressly prohibited. If you are interested in collaborating or reusing part of our material, please contact us by email: redacao@canalsolar.com.br.
