MME Opens Consultation on Grid Access’ Rules
In brief
On March 2, 2026, the Ministry of Mines and Energy (“MME”) opened Public Consultation No. 217/2026 (“CP”), available until March 31, 2026, to receive comments on an Ordinance that will set the guidelines for “Access Seasons” – windows during which sector agents may request connection to the transmission grid. The proposed model will replace the previously decentralized system of requests for grid access opinions. The proposal is part of the National Policy for Access to the Transmission Grid (“PNAST”) and aims to centralize requests with a single entity: the National Electric Grid Operator (“ONS”). In addition, it seeks to organize the request flow and, at points where demand exceeds grid capacity, to conduct competitive processes. The MME also released the timeline for the 2026 Access Season.
Key takeaways
The draft regulates the registration of interested market agents, the methodology for calculating and disclosing the remaining grid capacity, the ranking criteria applicable to competitive processes, the allocation of proceeds, and the integration of the Access Seasons with auctions that use outflow margin as a selection criterion. In addition, the draft provides for the issuance of a Preliminary Access Assessment to enable the execution of the Transmission Grid Use Agreement (“CUST”).
If demand exceeds the available capacity, a competitive process will be conducted based on the highest premium. Additional selection criteria may be adopted, provided they result in lower operating costs for the National Interconnected Grid (“SIN”), while preserving competition for access, grid security, and an appropriate perception of risk. The competitive process seeks to mitigate speculative behavior, improve capacity allocation, and generate ancillary revenues.
In more detail
In each Access Season, interested parties (generators or consumers) must register their requests with ONS within the defined window and will be required to post a Bid Bond (to be defined). ONS will screen requests for admissibility within 15 days and will publish the registrations admitted. The Energy Research Company (“EPE”) and ONS will jointly prepare a technical note setting out the methodology, assumptions, and criteria for calculating the remaining capacity, which must be published at least 30 days before the opening of the registration period.
The remaining capacity will take into account consumers and plants already in operation, as well as projects with an executed CUST or CUSD, or a valid access opinion issued by ONS, within the time horizon of SIN’s Medium‑Term Electric Operation Plan, currently projected through 2030. Based on that, ONS and EPE will publish capacity figures by busbar and subareas, as applicable, allowing market agents to gauge the expected level of competition at each point.
In situations where there is competition for capacity (i.e., demand exceeds the grid’s outflow capacity at a given point), a competitive process will be conducted. The proposed design adopts as its main criterion the highest premium, expressed in R$/kW of the requested capacity. This amount does not contemplate sector charges, is non‑refundable, and will be allocated to the Energy Development Account (“CDE”) to promote tariff affordability.
In the event of competition between the consumption and generation segments and in the absence of a specific guideline from MME, allocation of the remaining capacity will prioritize the consumption segment. This may create opportunities for consumers planning demand expansions in congested grid areas, while requiring generators to exercise greater care when selecting interconnection points and structuring bids in the competitive process. This criterion is likely to spark debate among market agents during the public consultation.
Winners of the competitive process and requests that are fully accommodated in areas with available connection capacity (which will not need to undergo a competitive process) will receive a Preliminary Access Assessment and may then execute the CUST, upon posting the required guarantees (which will replace the Bid Bond). Winners of the competitive process must also pay the full premium before signing the CUST.
If the conditions for executing the CUST are not met, the following will apply: (i) loss of the capacity allocated to the agent in the respective Access Season; (ii) foreclosure of the Bid Bond; and (iii) a prohibition on participating in the two subsequent Access Seasons.
An interested agent that does not win the competitive process will have its Bid Bond fully returned, pursuant to the procedure to be issued by ONS.
In line with Public Consultation No. 217, ONS released the schedule and process framework for the first Access Season of 2026, as well as information regarding the first technical note setting out criteria and assumptions, which is expected to be published in April.
According to ONS, the registration window is expected to run from June 1 to 15, with admissibility screening from June 16 to 30. The competitive process is scheduled to take place between September 28 and October 8.
Public Consultation No. 217 will remain open for contributions until March 31, 2026.
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