Brazil has just taken one of the most important steps in its energy transition with the publication of Normative Ordinance MME No. 136/2026 and its approval by the... ANEEL (National Electric Energy Agency), from the draft resolution that regulates the authorization of SAEs (Energy Storage Systems), consolidating batteries as a strategic asset for national energy security.
More than just a technological innovation, energy storage systems are taking on a strategic position for national energy security, the integration of renewable sources, and the mitigation of growing operational problems faced by the SIN (National Interconnected System), including curtailment events that have been impacting generators in various regions of the country.
For the first time, the Federal Government formally recognizes storage systems as essential instruments for guaranteeing power to the National Interconnected System (SIN), creating a specific regulatory environment for their contracting.
In practice, this means that batteries cease to be merely a complementary technological solution and become a strategic energy resource, capable of providing services to the electrical system and generating new revenue for investors.
What are Energy Storage Systems? Energy Storage Systems are installations capable of storing electrical energy for future use, whether for self-consumption, reinjection into the grid, or providing services to the electrical system.
The regulation approved by ANEEL It establishes three main modalities:
1) Autonomous Energy Storage Systems: These are independent projects that absorb energy from the electrical grid for later injection or for providing services to the National Interconnected System (SIN). This modality allows the storage to operate as its own asset, contributing to the stability and flexibility of the electrical system.
2) Co-located Energy Saving Systems: These are systems installed in conjunction with existing or new generation projects. In this model, batteries can absorb energy from the power plant itself or from the electrical grid, significantly increasing the operational efficiency of generation assets, especially solar and wind sources.
3) Closed-Cycle Reversible Hydroelectric Power Plants: A type of power plant where energy is stored by pumping water between interconnected artificial reservoirs, functioning as a large natural battery.
How will project authorization work? ANEEL It established a specific procedure for obtaining the permits. The entrepreneur may initially request a DRO-SAE (Permit Application Dispatch), an instrument that reserves the project's characteristics for up to four years.
Although the DRO-SAE does not guarantee obtaining definitive authorization, it offers greater predictability to the development of the project. It will also be possible to directly request the granting of authorization, which will be valid for 35 years, with the possibility of extension.
One relevant aspect is that the ANEEL It will now analyze the regulatory history of entrepreneurs and their controlling shareholders before approving the issuance, transfer, or extension of authorizations, reinforcing the importance of regulatory compliance and good sectoral governance.
Decree 136 of the Ministry of Mines and Energy (MME) also addressed the first battery auction in Brazilian history: The regulation established the rules for the first Capacity Reserve Auction focused exclusively on energy storage. The auction, scheduled for December 2026, represents a historic milestone for the Brazilian electricity sector.
This auction will award contracts for projects in two categories: Product Power 1) Storage 2028 A: which will be for systems with national content, observing the BNDES accreditation criteria; 2) Product Power Storage 2028 B: which will be for systems without the requirement of nationalization of equipment. In both cases, the contracts will have a supply term of 15 years, with the start date scheduled for August 2028.
Thus, the role of batteries also became evident in the fight against curtailment: Perhaps the most strategic aspect of the new regulation is its contribution to addressing one of the biggest current challenges in the Brazilian electricity sector: mandatory generation cuts.
While the rapid growth of renewable energy sources has brought undeniable environmental and economic benefits, it has also increased the periods in which available generation exceeds the system's absorption capacity. This results in frequent generation outages, especially in solar and wind power projects.
Energy storage systems emerge as one of the main structural solutions to this problem, allowing energy to be stored during periods of surplus and made available when there is an operational or economic need.
Therefore, regulation represents an extraordinary opportunity for investors, developers, generators, traders, and large consumers. But it also opens up a series of legal challenges that will require specialized monitoring.
Among the main issues that already demand attention are: Regulatory structuring of projects; Obtaining permits and licenses; EPC and O&M contracts for storage systems; Performance and battery degradation guarantees; Sharing of connection facilities; Allocation of operational risks; Revenue modeling; Tariff treatment and sector charges; Participation in regulated auctions; Financing and guaranteeing the coverage of CAPEX for the projects.
What can we expect going forward? Energy storage is to the 2020s what distributed generation was to the previous decade.
We are witnessing the birth of a new segment of the Brazilian electrical industry. Companies that understand the regulatory, contractual, and economic impacts of this transformation from the outset will be in a privileged position to seize opportunities and mitigate risks.
The opinions and information expressed are the sole responsibility of the author and do not necessarily represent the official position of the author. Canal Solar.
