MME opens debate to regulate transmission network access policy.

This Monday (2), the MME (Ministry of Mines and Energy) opened Public Consultation No. 217/2026 with the objective of discussing the rules that will govern the Access Seasons, in accordance with Decree No. 12.772, of December 5, which established the PNAST (National Policy for Access to the Transmission System). The deadline for submitting contributions ends on March 31.

Access Seasons become the central instrument for organizing the entry of new projects into the transmission network. During these windows, interested parties must formally register their requests with the ONS (National System Operator), which is responsible for the joint and coordinated analysis of the requests.

Whenever the sum of requests exceeds the available capacity at a given point in the network, a competitive process, similar to an access auction, will be mandatory.

The Ministry of Mines and Energy (MME) also made available a technical note with the respective Regulatory Impact Analysis (RIA), which includes an evaluation of international experiences.

The initiative seeks to bring greater rationality to the queue of energy-intensive projects – such as data centers and hydrogen plants – that are seeking connection to a network with structural restrictions on distribution.

The draft ordinance establishes guidelines for:

• Registration of interested agents;
• Calculating and reporting the available capacity at connection points;
• The classification criteria in competitive processes;
• The allocation of the revenue earned; and
• The possibility of using Access Seasons as a preliminary step in energy contracting and capacity reservation auctions that adopt flow margin as a selection criterion.

According to the proposal, agents interested in accessing the basic network on a permanent basis, or increasing the amount of contracted usage, must register with the ONS (National System Operator) during each Access Season. The first is scheduled to take place by October of this year. From 2027 onwards, the calendar should include two annual seasons.

Thirty days before each season, EPE (Energy Research Company) and ONS will publish a technical note with the methodology and criteria for calculating the remaining capacity in the busbars of the basic network.

Once the registration period is over, the ONS (National System Operator) will consult with the transmission concessionaires regarding the physical feasibility of the connections. In calculating the remaining capacity, only installations whose estimated date of commercial operation falls within the horizon of the PAR/PEL (Medium-Term Electrical Operation Plan of the SIN – National Interconnected System) will be considered.

The competitive process will use the highest premium offer, expressed in R$/kW of requested capacity, as the classification criterion. The amount must be paid in cash by the winning bidder.

Eligible participants must enter into a CUST (Transmission System Usage Agreement), the signing of which will be conditional upon full payment of the prize.

Failure to pay will result in the loss of the usage allowance, the execution of the participation guarantee, and a ban on participation in the two subsequent Access Seasons.

The funds raised from the prizes will be allocated to the CDE (Energy Development Account) to ensure affordable electricity tariffs. The participation guarantees of non-winning participants will be returned.

The results of each Access Season can support EPE in preparing studies for the expansion of the transmission system, contributing to the early identification of reinforcements and expansions needed to meet demand.

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