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Veirano Advogados Experts Explain Main Regulatory Changes and Their Impacts on the Sector
The free energy market has new rules starting in January. Ordinance 50/2022, published by the Ministry of Mines and Energy, allowed the migration of all high-voltage consumers (Group A) to the free energy contracting environment, uniquely changing the profile of free consumers after 20 years of its creation.
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For Lívia Amorim, partner in the energy sector at Veirano Advogados, this change in the consumer profile was expected by the sector for years and attracted the interest of retail trade. “Now consumers with demand above 75 kW but below 500 kW can buy energy in the free market, as long as they are represented by an agent before the Electric Energy Commercialization Chamber (CCEE),” she explains. “This measure should enhance competitiveness in the sector by providing access to other energy suppliers,” Lívia adds.
With the entry of new consumers, there will be changes in the structure and dynamics of this market in various aspects. One of them is the adherence to the CCEE, which was previously optional. It will no longer be allowed for consumers with loads below 500 kW, who must be represented by a retail agent.
Another novelty is that retail consumers can notify the distributor of their interest in migrating to the free energy market at any time. Previously, the deadline was at least 180 days before the end of the contractual period.
According to Juliana Melcop, partner in the Energy practice, returning to the distributor’s market remains optional before five years, allowing the utility to charge the consumer the value of the Pricing of Liquidation of Differences (PLD), instead of the applicable tariff, if that is higher. “This mechanism prevents losses to the utility’s cash and to other consumers in its market,” she comments. At the same time, however, it creates obstacles for the return of consumers who, for any reason, wish to return to the regulated environment. “Consumers who choose to migrate to the free market must be careful to plan to avoid surprises with price fluctuations, as returning to the regulated market before the five-year period will be at the discretion of the local distributor.”
“Overall, the regulatory changes represent an improvement for this new phase of the free energy market. It will be necessary to monitor the next steps to understand the sector’s behavior in light of all these changes,” she concludes.
About Veirano Advogados
With a team of over 600 professionals, including 91 partners and more than 280 associates, Veirano Advogados is recognized by the main publications in the sector as a top-tier Brazilian law firm and was the first Latin American firm to receive the Chambers Client Service Law Firm of the Year award.
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