Opening up the free market: what do industry, trading companies, and the renewable energy sector think about the new decree?

With the collaboration of Valentina Sclauser

Representatives from the industry, solar generation, and trading sectors positively assessed the expansion of freedom to choose energy suppliers, but drew attention to several points that will need to be addressed before millions of new consumers enter the ACL (Free Contracting Environment).

The move comes a day after the publication of Decree No. 13.097, dated August 12, 2026, which regulates the opening stages foreseen by Law No. 15.269/2025.

According to the established schedule, industrial and commercial consumers served at voltages below 2,3 kV will be able to access the free market starting in November 2027. Other consumers, including residential consumers, will be able to migrate starting on November 25, 2028.

Although there is agreement on the importance of reopening, the positions released after the publication of the decree show that each segment focuses its attention on different challenges for the implementation of the new model.

Decree defines the opening of the free energy market for low voltage.

ABSOLAR see regulation of ANEEL as a decisive point

For ABSOLAR (Brazilian Photovoltaic Solar Energy Association), the opening expands consumer autonomy, but a significant part of the new market's operation will still depend on the rules that will be established by ANEEL (National Electric Energy Agency).

The decree already addresses points such as migration and return procedures to the regulated market, representation by retail marketers, and the SUI (Supply of Last Resort), a mechanism designed to guarantee service to consumers who may be left without a supplier in the free market.

The organization also highlights the possibility of smaller consumers being represented by retail agents without the need for direct membership in the CCEE (Chamber of Electric Energy Commercialization).

For the association, however, the entry of residential consumers and small businesses will require simpler contracts and procedures, as well as an information and education agenda about the costs, opportunities, and responsibilities that exist in the free market environment.

“It is essential to translate the complexity of the free market into accessible language so that each consumer can understand the available alternatives and make a decision that suits their needs. Clear communication and a consumer education agenda will be essential to avoid frustration,” said Rodrigo Sauaia, CEO of [Company Name]. ABSOLAR.

Retail companies are focusing on protecting and ensuring the safety of the new consumer.

According to the Delta Energia Group, the opening represents a new stage in the modernization of the sector, but bringing the free market to low voltage will require a different structure than the one currently used to serve large consumers.

The company draws particular attention to the need to ensure that the new consumer understands what they are signing up for, what risks they are assuming, what guarantees they have, and who will be responsible for providing assistance in extreme situations.

According to Luiz Fernando Vianna, Institutional and Regulatory Vice President of the Delta Energia Group, the next phase will require attention to issues such as consumer protection, SUI (Unified Electronic Unit), self-regulation, the solidity of retail marketers, liquidity, price formation, and coordination between distributors and marketers.

The change should also alter the very relationship between companies and their customers. According to the company's assessment, price will continue to be an important factor, but digitalization, automation, simple communication, and trust will gain importance as the market begins to serve small businesses, services, and residential consumers.

“Brazil is entering a new phase of the free market. We are moving from a cycle of expansion to a cycle of consolidation. The priority now must be to ensure that the opening generates competitiveness, predictability and security for consumers, traders, distributors and investors,” says Vianna.

INEL charges for smart meters and attention to MMGD.

According to INEL (National Institute of Clean Energy), the opening of the free market represents progress in freedom of choice, but it needs to be accompanied by changes that go beyond the possibility of choosing an energy supplier.

The organization, however, draws attention primarily to the modernization of metering, the role of energy storage, and the preservation of rules applicable to distributed micro and mini-generation (DMM).

One of the points raised by the institute is that opening up the market does not necessarily mean a uniform reduction in electricity bills. This is because the possibility of negotiation is mainly related to the energy component, while network costs, taxes, and charges continue to make up the bill.

“Consumers need to compare the final bill, not just the advertised price of energy. Without publicly available calculation records, promising uniform reductions is simply replacing information with advertising,” says Heber Galarce, president of INEL.

The entity also questions the possibility of migrating with conventional meters. According to INEL, without an expansion of smart meters, possibilities such as different tariffs throughout the day, demand response, and a more efficient use of storage systems are limited.

In this sense, the institute advocates for the adoption of prices that vary according to the time of day, allowing, for example, the consumption and charging of batteries to be encouraged during periods of greater availability of solar energy.

For consumers participating in the SCEE (Electric Energy Compensation System), INEL advocates that any changes be gradual and initially voluntary, preserving the investments and rights provided for by Law No. 14.300/2022. The entity also opposes double pricing for batteries.

“If the reform only changes the seller, we will have trade liberalization. True modernization allows the consumer to produce, store, and share energy and be compensated for helping the system during the times when it is most needed,” concludes Galarce.

Industry alert to impact on tariffs

FIEMG (Federation of Industries of the State of Minas Gerais) also positively assessed the expansion of freedom of choice, but draws attention to how the costs of the system will be divided during the transition.

The organization argues that regulation should prevent the creation of new cross-subsidies, implicit charges, or disproportionate cost transfers to consumers who remain in the regulated market and to the industrial sector.

According to Sérgio Pataca, Energy Market Coordinator at FIEMG, the results of the opening will depend on the construction of the rules that will accompany the change.

“Opening the market is an important step forward for the country's competitiveness, especially as it reaches a significant portion of national energy consumption. For the benefits to be effective and sustainable, implementation needs to occur with regulatory certainty, predictability, and clear rules,” he states.

According to the organization, expanding freedom of choice should not result in increased tariffs for consumers who remain served by the distributors.

“Regulation should prevent the creation of new subsidies, charges, or undue cost transfers. The objective should be to increase competition and efficiency, guaranteeing affordable tariffs, transparency, legal certainty, and equality,” adds Pataca.

The next discussion will be on the rules.

The positions taken show that the publication of the decree does not end the discussion about opening up the Free Energy Market. On the contrary, it shifts part of the debate to the regulations necessary to put the new model into operation.

While the ABSOLAR It draws attention to the rules and preparation of new consumers; Delta Energia highlights customer protection and the security of the retail market; INEL argues that the opening should be accompanied by smart meters, storage, and protection for distributed generation (DG); and FIEMG warns about the division of costs and the risk of tariff impacts on those who remain in the regulated market.

With the rollout scheduled to begin with low-voltage industrial and commercial connections in November 2027 and reach residential consumers in November 2028, attention now turns to regulation. ANEELwhich should detail the points necessary for the new model to function before these consumers join.

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