Law No. 15,269/2025 Published: Reform of the Electric Sector with New Rules for Self-Production and Storage

What are the new rules for self-production by equivalence?

As set out in Provisional Measure No. 1,300/2025, Law No. 15,269/2025 introduces stricter criteria for consumers to qualify as self-producers. Alongside the requirement for a minimum aggregated demand of 30,000 kW, consisting of units with a minimum capacity of 3,000 kW, consumers must prove significant shareholding in the generating company. If there are non-voting shares with greater economic weight, the consumer must hold a minimum of 30% of the total capital. Equivalence remains limited to the energy consumed or proportional to the shareholding, whichever is lower.

Do the new rules affect consumers who are already considered equivalent?

Law No. 15,269/2025 safeguards acquired rights and the effects of legal acts under previous legislation (Law No. 11,488/2007). This means that consumers who were already considered equivalent to self-production can maintain their benefits until the end of the generation grant. The new limits for contracted demand (a minimum aggregated demand of 30,000 kW) and shareholding (a minimum of 30% of total share capital, in case of preferred shares) will not be applied retroactively.

What are the transition rules for consumers not yet considered self-producers equivalent?

Consumers who have not yet achieved self-production equivalence under the previous rules (Law No. 11,488/2007) now have the opportunity to do so. They have three months to submit to the CCEE the contracts for purchase or option to purchase shares or quotas of the generating company, bearing notarized or digitally valid signatures.

The transfer of shares or quotas of the generating company must be completed within 36 months and documented. The generating project must have commenced commercial operations after 15 June 2007, except for specific exceptions.

Law No. 15,269/2025 protects consumers who have already presented contracts for the purchase or option to purchase shares or quotas of generating companies while Provisional Measure 1,300/2025 was in effect. These consumers do not need to resubmit documents to the CCEE.

Energy Storage

What is the scope of the new rules for energy storage regulation?

Law No. 15,269/2025 establishes, for the first time, a legal framework for energy storage, setting out guidelines for regulating an activity that previously lacked clear rules.

The storage activities will be regulated by ANEEL, which will be responsible for authorizing, supervising, and defining operating rules, remuneration, and access to systems connected to the SIN or isolated systems. Storage systems may operate autonomously or be integrated with generation, transmission, distribution, or commercialization grants, offering services such as flexibility, capacity, ancillary services, and energy trading. The law provides for financial incentives and exemption from capacity requirements in certain scenarios, which will be addressed in future regulations.

What are the technical and contractual requirements for storage?

As a condition of grid access or participation in contracts and auctions, ANEEL may require control, capacity, flexibility, and storage requirements. In certain cases, the ability to store up to 5% of the plant’s average daily inflexibility will be required. Storage systems located on the main grid must be subject to public bidding, as indicated by planning studies.

Are there any licensing or feasibility study requirements?

The Energy Research Company (EPE) is now responsible for conducting studies and projects for the design of hydraulic storage systems. Additionally, environmental licensing for hydroelectric plants, including reversible ones, now recognizes the strategic importance of storage for ensuring water and energy security in the SIN.

What incentives and benefits are provided for energy storage?

Investment projects in storage systems will be eligible for the tax benefit set out in Law No. 11,488/2007 (the Special Regime of Incentives for Infrastructure Development – REIDI), up to a limit of R$ 1 billion per year, between 2026 and 2030. The Executive Branch may reduce import tariffs on battery energy storage systems (BESS) and their components to zero.

Rules and Compensation for Curtailment Restrictions Imposed on Generators

Law No. 15,269/2025 provides for the compensation of liabilities resulting from generation cuts due to electrical reasons, i.e., those caused by transmission unavailability or operational reliability requirements. Compensation will cover the period from September 1, 2023, to the publication date of Law No. 15,269/2025. Generation agents must withdraw legal action on the subject to be eligible for compensation.

Market Opening

As part of the ongoing opening of the electricity market, Law No. 15,269/2025 sets a timeline for the migration of consumers served at low-voltage (below 2.3 kV). Migration will be allowed within 24 months for industrial and commercial consumers, and within 36 months for others. However, migration will depend on regulation, such as tariff segregation and the activities of the Last Resort Supplier (SUI).

The role of SUIs, recently subject to public consultation – Public Consultation MME No. 196/2025 – is mainly to ensure the continuity of electricity supply, on an emergency and temporary basis, in cases of contractual failure or disputes with the consumer’s chosen supplier. In this context, any SUI deficit costs will be shared among all consumers in the Free Contracting Environment.

Additionally, the costs of over-contracting or involuntary exposure of concessionaire or permit-holder distributors resulting from consumer migration will be shared among all consumers (free and regulated), creating a new tariff charge.

New Rules for Sharing Charges

Law No. 15,269/2025 also restructures the Energy Development Account (CDE) from 2026 onwards, altering how the charge is shared between different voltage levels. Under the new rules, the unit cost (per MWh) for high voltage consumers (greater than or equal to 69kV) will be set at 50% of the amount paid by low voltage consumers (below 2.3kV). For medium voltage (greater than or equal to 2.3kV and less than 69kV), the cost will be 80% of the amount paid by low voltage consumers.

Our Public and Regulatory Law Practice Group will continue to monitor the practical application of this law’s regulation and is available to answer any questions and participate in discussions on the topic.