Brazilian Government introduces a new policy to organize access to the transmission system

The Brazilian Federal Government, through Decree No. 12,772 of December 5, 2025 (“Decree”), established the National Policy for Access to the Transmission System (PNAST), with the aim of modernizing the procedures that regulate how generators and consumers permanently connect to the Basic Network of the National Interconnected System (SIN), as well as structuring access to the SIN Basic Network through periodic “Access Season.”

New mechanism: Access Season and Competitive Processes

At the core of the new policy is the organization of access through Access Seasons, which are periodic seasons during which parties interested in accessing the transmission system formally register their access requests. These requests will be jointly and concordantly analyzed by the National Electric System Operator (ONS).

The new framework will operate through competitive processes, which will be carried out only when access requests exceed the remaining capacity available at the intended connection point. Revenues generated from such competitive processes will be allocated to tariff affordability, in accordance with guidelines issued by the Ministry of Mines and Energy (MME) and regulations to be established by the Brazilian Electricity Regulatory Agency (ANEEL). Competitive processes may also be conducted for the contracting of future capacity, pursuant to MME guidelines.

The first Access Season will take place within up to ten (10) months from the publication of the Decree. From the year following the first Access Season, at least two Access Seasons must be held annually. The ONS will be responsible for defining the exact frequency and schedules, which must be disclosed at least ninety (90) days in advance.

Transitional Rules for Access Requests

Access requests submitted to the ONS prior to the publication date of Decree No. 12,772/2025 will be analyzed and will have their Access Opinions issued before the first Access Season takes place, that is, within ten (10) months. These requests will continue to be processed under the current queue-based analysis rules, following chronological order and in compliance with the existing rules for access to the Basic Network, including those related to financial guarantees. However, revalidation of the issued Access Opinion will not be permitted, nor will any mechanisms that ensure priority access for future margins.

Consumer access requests that were pending before the MME on the date of publication of the Decree will be forwarded directly to the ONS for issuance of an Access Opinion, without the need for prior authorization from the MME. The analysis of such requests will, however, be conditioned upon the submission of the required financial guarantee within forty-five (45) days from the date of publication of the Decree, in accordance with ANEEL regulations. As a result, the prior analysis by the MME to define a consumer’s connection point based on the criterion of minimum overall interconnection and network reinforcement cost has been eliminated.

Access requests submitted after the publication of Decree No. 12,772/2025 and before the opening of the first Access Season will only be accepted if two requirements are cumulatively met: (i) there is remaining capacity available at the intended connection point, and (ii) the request is submitted with sufficient advance notice to meet the regulatory analysis period required by the ONS and prior to the opening of the first Access Season. If a request is submitted on a date that results in an analysis period extending beyond the opening of the first Access Season, it will not be accepted, and the interested party may choose to participate directly in the Access Season. For these later requests, the same restrictions apply: revalidation of the Access Opinion and the use of mechanisms to ensure priority access for future margins are not permitted.

The Decree further provides that the absence of specific regulation will not prevent the ONS from conducting Access Seasons, provided that MME guidelines and the PNAST are observed. Accordingly, to enable the implementation of the Decree, the MME must establish guidelines regarding tariff affordability, voluntary offers of decontracting, contracting of future capacity, the establishment of specific margins, and the use of Access Seasons in energy and capacity procurement auctions.