The MME (Ministry of Mines and Energy), in response to a court ruling, changed the guidelines for the Capacity Reserve Auction, allowing the participation of thermoelectric plants with CVU (Variable Unit Cost) higher than R$1.711/MWh. In addition, the deadline for submitting CVUs was extended to March 31.
With the publication of Normative Ordinance No. 103/2025 On Thursday (20), the MME reestablished the CVU price ceiling to approximately R$2.600/MWh, resuming the criteria defined in Normative Ordinance No. 96/2024, of December 31st.
The new CVU limit for participation in the contest is now that of the most expensive thermoelectric plant, considered in the PMO (Monthly Operation Program) of January, which, in this case, is the Pecém 2 Plant, powered by fuel oil.
The changes occur due to an injunction granted to a group of 17 thermoelectric plants, belonging to companies such as Delta Energia, Bolognesi and Onrcorp, which total 2,63 GW of installed capacity.
The deadline for submitting the CVU and the technical report to prove fuel had ended on March 14.
However, one day earlier, the STJ (Superior Court of Justice) minister, Sérgio Kukina, granted a preliminary injunction in a security order filed by these companies, suspending the exclusion of their thermoelectric plants from the auction.
The exclusion of plants was based on the maximum CVU criterion, established by MME Ordinance No. 100/2025, which reduced the limit from R$2.636,99/MWh to R$1.711,18/MWh. The companies argued that this restriction was illegal, as it limited competition without adequate technical basis.
Last Wednesday (19), the Minister of Mines and Energy, Alexandre Silveira, expressed concern about the impacts of the judicialization on the Capacity Auction, scheduled for June 22.
According to the minister, the initial understanding was that the auction should only include natural gas and biodiesel plants. However, some diesel-powered plants are seeking to qualify for the auction, committing to use biodiesel.
The viability of this transition, as well as the availability of inputs to meet demand, are still points of debate within the government.
“We have doubts both about the conditions for guaranteeing the necessary volume of biodiesel and about the real intention of these plants to comply with this transition,” said Silveira.
The minister stressed that the government is not against expanding participation in the auction, as long as the sources are properly separated. “If technically it is understood that the decision must be complied with, there is no problem. But we believe that this auction should not include diesel oil,” he pointed out.
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