Aneel Suspends For 90 Days The Reimbursements Related To Cuts In Solar And Wind Energy Generation While Adapting Rules To The New Compensation Law For Curtailment.
The National Electric Energy Agency (Aneel) decided to suspend, for a period of 90 days, the financial reimbursements paid to consumers due to energy not delivered by solar and wind power plants. The measure was approved on Tuesday, January 20, 2026, and affects contracts established in the regulated environment of the electric sector.
The reimbursements are associated with situations where energy generation, although contracted, does not reach the system due to operational cuts. These cuts, known as curtailment, occur mainly due to transmission restrictions or security requirements from the National Interconnected System (SIN).
Generation Cuts Affect Regulated Contracts And Reserve Energy
In recent years, the accelerated expansion of solar and wind energy has increased the frequency of these cuts. Energy fails to be delivered even though it is provided for in contracts such as CCEAR (Contracts for Energy Commercialization in the Regulated Environment) and CER (Contracts for Reserve Energy).
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In these situations, consumers had been financially reimbursed for contractual non-compliance. However, Aneel assessed that the continuation of these payments, without adapting to the new legal rules, could generate significant financial imbalances in the sector.
Aneel’s decision is directly linked to Law 15.269 of 2025, enacted at the end of last year. The new legal framework established different guidelines for reimbursements and compensations related to generation cuts that occurred between September 2023 and November 2025.
The law changed the previous logic by providing compensation mechanisms for solar and wind power generators when curtailment occurs due to external factors. Among them are the unavailability of infrastructure to evacuate the energy and reliability needs of the SIN.
As a result, part of the resources that were previously exclusively allocated to consumers is now also directed to generating plants, requiring a complete reassessment of the current model.
Financial Risk Led To Cautious Decision
The rapporteur of the process at Aneel, director Agnes da Costa, emphasized that maintaining reimbursements before the definitive regulation could compromise the amounts provided for in the new law. According to her, there was a concrete risk of reducing resources allocated to compensations for generators.
“The continuation of processing reimbursements would gradually decrease the financial amount that the law allocated for compensation. Furthermore, it could imply cash outlay by generators, resulting in financial costs that could reach high figures,” she stated in her vote.
This understanding reinforced the need for a precautionary measure, especially since payments had already been operationalized.
Action Of The CCEE Accelerated The Need For Adjustment
The Electric Energy Trading Chamber (CCEE) had already started implementing reimbursements to consumers. This operational advance increased the pressure for a clear regulatory definition aligned with the new legislation.
In light of this scenario, Aneel chose to temporarily halt payments. The idea is to avoid financial distortions while the new regulatory framework is structured definitively.
At the same time, the Ministry of Mines and Energy (MME) is conducting the debate on the practical application of the new law. A public consultation was held to collect contributions on the subject. The process was closed on January 16, and the suggestions are still under technical analysis.
According to Aneel, the MME itself indicated that the new rules may have significant impacts on the balance between compensations to solar and wind generators and reimbursements paid to consumers.
The rapporteur of the process assessed that the 90-day period is sufficient for the conclusion of this regulatory stage. The period should also allow for the analysis of contributions received and the eventual adherence of power plants to the new compensation model provided for by law.
Temporary Suspension Seeks Legal Security
Aneel emphasized that the suspension of reimbursements is temporary and preventive. The main objective is to ensure legal security for the electric sector, avoiding irreversible financial decisions before the consolidation of the new rules.
Meanwhile, the debate on the impact of curtailment on the expansion of solar energy continues to gain relevance. The issue involves not only consumers and generators but also the planning of transmission infrastructure and the reliability of the national electrical system.
In this context, Aneel’s decision reinforces the complexity of regulatory balance in a rapidly expanding scenario of renewable sources in Brazil.


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