The preliminary report on Provisional Measure 1.304/2025 introduced changes to the timeline for opening the free electricity market in Brazil. Previously, the discussion focused on the entry of low-voltage consumers from the commercial and industrial sectors starting in August 2026, and other consumers starting in December 2027.
Now, Senator Eduardo Braga's opinion proposes a new pace: full reopening would occur within 24 months for industries and businesses, and within 36 months for other consumers, starting from the date the provisional measure is converted into law.
The proposal, however, establishes a series of prerequisites. Among them are:
- Development and implementation of a communication plan to guide the public on how the free market works;
- definition of the tariffs applicable to free and regulated environments;
- regulation of the supplier of last resort;
- creation of a standard supply contract and a reference price;
- and defining the rules for the over-contracting charge, which will be paid by all energy consumers.
According to ABRACEEL (Brazilian Association of Electricity Traders), the proposed timeline should be interpreted as a maximum limit, and the opening could occur before the three-year deadline.
Another relevant change is the end of the discount on cable for consumers who migrate to the free market after the approval of the MPThose already participating in the market, however, retain the benefit, including on the amount currently contracted. New load expansions will not be eligible for the discount.
The report also establishes that energy traders must allocate 0,5% of their net operating revenue annually (referring exclusively to sales to end consumers) to research and development, and a further 0,5% to energy efficiency programs.
Finally, CCEE will be renamed the Energy Trading Chamber (CCE), expanding its responsibilities. The new structure will allow the entity to operate in other energy markets, in addition to providing services such as contract guarantee management, registration, and energy certification.
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For new entrants, the right to energy storage is real, whether through their own investment or by paying a fee for the distributor to invest in batteries and systems at the network's substations.
According to Senator Braga, this integration of energy storage into the electricity grid will bring more stability and efficiency to the National Interconnected System, reducing outages and increasing flexibility.
The ideal world, desired by all of us, does not exist. I am very concerned about the recurring analyses that always point to the possibility of legal uncertainty and harm to the market. We all fought very hard for the opening of the market, and when there is a path forward, we are faced with pessimistic analyses.