The Ministry of Mines and Energy announced last Friday (14) that it will extend the deadline for submitting the CVU (Variable Unit Cost) and the technical opinion on fuel verification from the ANP (National Agency for Petroleum, Natural Gas and Biofuels).
In this way, the government will give more time for some plants to register for the Capacity Reserve Auction, scheduled to be held on June 27. The new deadline for submitting these documents will still be announced, after the update of the GM/MME Ordinance No. 96/2024.
Last Friday, the original deadline for registering for the auction ended. However, one day before, the minister of the STJ (Superior Court of Justice), Sérgio Kukina, granted a preliminary injunction in a writ of mandamus filed by a group of companies in the electricity sector, 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 and disregarded a previous decision by the STF.
The rapporteur accepted the request for a preliminary injunction, allowing the plants to participate in the competition until the issue is definitively analyzed.
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The minister understood that there is urgency in the decision, given the imminent deadline for technical qualification, and that the arguments of the claimants have legal relevance, based on precedents of the STF.
See the list of companies involved in the action:
- Borborema Energy SA
- Palmeiras Power Plant SA
- Pernambuco Thermal Power Plant SA
- Maracanaú Power Generator Inc.
- Energy Company Of Petrolina
- Delta Biofuels Industry and Commerce Ltd.
- Delta Energy Generation 3 – Investments and Participations Ltda.
- Paraíba Power Plants SA – Epasa
- San Francisco Energy Inc.
- Termocabo SA
- Suape Energy II SA
- Aruana Energy S.A.
- Xavantes Plant SA
- Electricity of Brazil SA – Ebrasil
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