Marvin Menezes

ANEELANEELThe main forum for this discussion was Public Consultation No. 39/2023, through which the Agency addressed central issues for the consolidation of the activity, such as the concession regime applicable to storage facilities, the rules for access to and use of the network, the incidence of tariffs and sector charges, participation in the energy market, and the integration of storage with other segments of the sector. After successive rounds of contributions, regulatory impact analyses, opinions from technical areas, the enactment of Law No. 15.269/2025, and intense debates within the Board of Directors, the process was finally concluded by... ANEELJune 02, 2026. The result consolidated the role of the storage provider in the Brazilian regulatory framework, established a specific licensing regime for storage systems, and defined specific rules for access to and use of the network. On the most controversial topic of the public consultation (the incidence of tariffs for the use of the grid), the Agency adopted a differentiated solution, providing different treatment for storage systems coordinated by the National Electric System Operator (ONS) and for those operated independently. The decision represents an important step forward for the legal security of the sector and establishes the necessary regulatory basis for the inclusion of energy storage as a permanent resource for flexibility, reliability, and adequate power capacity in the National Interconnected System (SIN). Almost simultaneously with the conclusion of the regulatory process, the Ministry of Mines and Energy (MME) published, on June 3, 2026, Normative Ordinance No. 136/2026, establishing the guidelines for the first Capacity Reserve Auctions in the form of Power through new Battery Energy Storage Systems. Study prepared by TAGD Advogados. Image: Press Release The Ordinance provides for the holding of two separate competitions. The first, called LRCAP 2026 – National Storage, will be held on December 2, 2026, and is intended for the contracting of battery storage systems that meet national content requirements. The second, called LRCAP 2026 – Storage, will take place on December 4, 2026, and has a broader scope, without the specific requirement of nationalization, and will be carried out in a complementary manner to the first. The division between the bidding processes adopted by the Ministry of Mines and Energy (MME) responds to one of the main discussions that preceded the publication of the Ordinance: how to reconcile the development of a national battery production chain with the need to quickly enable the expansion of storage in the country. In both tenders, the object of the contract is not the sale of electricity per se, but the provision of power to the system. The model adopted by the MME (Ministry of Mines and Energy) seeks to remunerate the capacity of storage systems to provide support to the SIN (National Interconnected System) when demanded, reinforcing the role of batteries as a resource for power adequacy and systemic reliability. The design adopted by the Ministry seeks to balance two distinct objectives. On one hand, to foster the formation of a national production chain for storage systems, through a bidding process with a local content requirement. On the other hand, it aims to ensure broader competition and expansion of installed storage capacity through the second auction, open to ventures without the same nationalization restriction. The concern with local content is not an afterthought in the Ordinance. On the contrary, it constitutes one of the central elements of the model proposed by the Ministry. To participate in LRCAP 2026 – National Storage, projects must demonstrate compliance with the minimum nationalization requirements stipulated in the BNDES (National Bank for Economic and Social Development) Regulation for the Accreditation of Stationary Battery Energy Storage Systems, through the CFI System. The requirement is not limited to the qualification phase of the competition. The signing of the Capacity Reservation Contract (CRCAP) will depend on proof of accreditation before theANEEL The entrepreneur must demonstrate, throughout the implementation phase, the use of effectively accredited storage systems, under penalty of sanctions and even termination of the contract. Study prepared by TAGD Advogados. Image: Press release. The adopted structure demonstrates that the MME intends to use the first cycle of storage contracting not only as an instrument for expanding the system's capacity, but also as an industrial policy mechanism aimed at developing the national battery industry. The publication of the Ordinance, however, does not conclude the necessary definitions for holding the auctions. On the contrary, it inaugurates a new stage of the process. Although the MME has established the general guidelines for the auctions, it will now be up to the... ANEELTo draft the respective public notices and CRCAP (Commission for the Accreditation of Public Enterprises) agreements, regulating essential aspects for the participation of agents, contract execution, and project oversight. Furthermore, the schedule outlined in the Ordinance establishes a series of preparatory steps, including the registration of projects with EPE (Energy Research Company), the technical qualification of the ventures, and the subsequent qualification for participation in the bidding processes. In this context, Chapter III of the Ordinance takes on special relevance as it regulates the guidelines for drafting the calls for proposals and the CRCAPs (Certificates of Registration and Classification of Professional Activities). The Ministry's option was to structure long-term contracts (15 years), with the start of supply scheduled for August 1, 2028, seeking to provide revenue predictability and financing for the projects. The modeling indicates that storage is being treated as a strategic resource for expanding the reliability of the electrical system, approaching the logic already adopted in other Capacity Reserve Auctions. Another relevant aspect of the Ordinance is the adoption of locational signage mechanisms. The Ministry of Mines and Energy (MME) authorized the use of bonus factors associated with previously defined busbars, allowing tenders not only to contract additional power, but also to direct the deployment of storage systems to regions that are more critical to the National Interconnected System (SIN), such as the Northeast and the state of Minas Gerais. The measure seeks to capture systemic benefits associated with the location of projects, especially in areas subject to flow restrictions, high curtailment rates, or the need for network support. The selection of eligible dams demonstrates that the public policy on energy storage is now directly addressing one of the main challenges currently faced by the Brazilian electricity sector: the increasing number of renewable generation cuts due to operational reasons. Although energy storage can provide a wide range of electrical services, the concentration of incentives in regions with a high share of wind and solar sources suggests that mitigating the impacts associated with curtailment played a significant role in the model adopted by sectoral planning. Study prepared by TAGD Advogados. Image: Press Release This choice demonstrates that the objective of the auction is not simply to contract storage capacity, but to use technology as a tool for planning and optimizing the operation of the electrical system. In other words, the value of storage will not be measured solely by the amount of power made available, but also by its capacity to meet specific needs of the National Interconnected System (SIN) in strategic locations within the network. The publication of Normative Ordinance No. 136/2026 marks an important change in the regulatory trajectory of storage in Brazil. If the last few years have been dedicated to building the necessary legal and regulatory foundations for the integration of energy storage systems into the electricity sector, the debate is now entering a new phase: implementation. The conclusion of Public Consultation No. 39/2023 byANEEL The publication of the first LRCAP guidelines for batteries demonstrates that energy storage has ceased to be treated as an experimental technology and has assumed an effective role in the planning of the expansion and operation of the National Interconnected System (SIN). Significant challenges remain, especially regarding the implementation of the new rules and the drafting of tender documents by the relevant authorities. ANEEL ...and to the consolidation of business models that will emerge from this new framework. Even so, the movements observed this week indicate that 2026 is likely to be remembered as the year in which energy storage ceased to occupy a peripheral position in the regulatory debate and definitively became part of the expansion strategy of the Brazilian electricity sector. Check out a complete study on the subject prepared by TAGD Advogados by clicking here.

Marvin Menezes

Published articles

From regulatory debate to power contracting: energy storage and the first battery auctions in Brazil.