Aneel approves capacity auction, despite pressure from the Ceará courts

Aneel (National Electric Energy Agency) approved this Tuesday (9) the results of the 2026 Capacity Reserve Auctions in the Form of Power, ending one of the most controversial stages of power contracting for the Brazilian electrical system.

The decision was taken by the collegiate board despite an injunction from the Federal Court of Ceará that determined the immediate suspension of the approval of the results of the auctions, in response to a request for a public civil action filed by Fiec (Federation of Industries of Ceará.

In the vote that supported the decision, director-rapporteur Fernando Mosna maintained that Aneel does not have the competence to review energy policy choices made by the Ministry of Mines and Energy (MME), such as the definition of participating sources, ceiling prices and auction modeling. According to him, the agency's role in the approval phase is limited to verifying the legal and procedural regularity of the event.

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Mosna also stated that the existence of legal controversies and ongoing investigations does not, in itself, constitute an impediment to the approval of the results, as long as there is no effective precautionary decision suspending the process.

The director was based on the opinion of the Federal Attorney's Office with Aneel, according to which the injunction granted by the Federal Court of Ceará would have lost practical effectiveness because the issue had already been previously assessed by the 6th Federal Court of the Federal District, considered the preventive judgment to analyze the issue.

The approval covers the auction aimed at contracting power from natural gas, mineral coal and hydroelectric projects, in addition to the auction aimed at fuel oil, diesel oil and biodiesel thermoelectric plants.

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The main event, referring to Auction No. 2/2026, contracted around 18.98 GW of power distributed among products with supply starting between 2027 and 2031. Among the winners are projects from Petrobras, Eneva, Karpowership, J&F, Âmbar, Copel, Chesf and several natural gas thermoelectric projects and hydroelectric expansions.

Auction No. 3/2026 approved by the agency contracted 174.69 MW in the 2027 thermoelectric product and 98.4 MW in the 2030 product, involving plants from Petrobras, Companhia Energética de Petrolina and Usina Xavantes. According to Aneel, the contracts total approximately R$118.3 million per year.

Controversy continues
Despite the approval, the controversy is far from over. In the vote approved by the board, Mosna emphasizes that the administrative decision does not prevent the continuation of investigations conducted by the TCU, the MPF and the Judiciary. Any future determinations of these bodies, according to the director, must be observed by the agency.

With the approval of the results, the next step will be the formalization of the Capacity Reserve Power Contracts (CRCAPs), consolidating a contract that could generate tens of billions of reais over the next few years and which remains under intense regulatory, judicial and political scrutiny.

Source: CNN