Regulatory Framework Takes Shape
Brazil's National Electric Energy Agency (ANEEL) has taken a significant step in formalizing the regulatory framework for energy storage systems by releasing Technical Note No. 03/2026. Published on February 12, 2026, this document is a key component of the ongoing Public Consultation No. 39/2023, which aims to integrate battery energy storage systems (BESS) into the country's electricity sector.
This latest development follows the enactment of Law No. 15,269/2025 in November 2025, which officially recognized energy storage as an independent activity within the Brazilian electricity market. ANEEL's initiative seeks to align existing rules with this new legislation, providing structural guidelines for how storage technologies will operate, charge, and be remunerated within the National Interconnected System (SIN).
Dual Tariff Confirmed, Costs Shifted to Generators
One of the most anticipated aspects addressed in Technical Note No. 03/2026 is the tariff framework for BESS. ANEEL has confirmed the maintenance of the so-called 'dual tariff' for network usage. This means that energy storage assets will be subject to paying Transmission or Distribution Use of System Tariffs (TUST/TUSD) both when drawing electricity from the grid for charging and when injecting it back into the grid. While this decision provides regulatory certainty, it may influence the economic viability of certain projects.
In a move designed to protect end consumers, ANEEL has determined that the costs associated with contracting batteries for capacity reserve will be borne exclusively by generation agents. This ensures that these costs will not be directly passed through to residential or industrial electricity tariffs. Furthermore, new generation projects seeking grid access may be required to fund a mandatory capacity reserve if they do not meet specific technical requirements for flexibility and storage capabilities.
Enhancing Grid Flexibility and Renewable Integration
The broader objectives of this regulatory advancement are to modernize Brazil's power sector by enhancing grid flexibility, facilitating the integration of renewable energy sources, and improving overall grid reliability. The regulation defines energy storage systems broadly, encompassing both standalone battery systems and reversible hydropower plants. It also encourages the integration of storage with distributed generation.
ANEEL's phased regulatory roadmap, which extends through 2025 and beyond, includes plans for sandbox initiatives to pilot innovative business models and technologies. The ongoing Public Consultation No. 39/2023 has already seen significant stakeholder engagement, with the first phase garnering 831 contributions. This comprehensive approach underscores Brazil's commitment to adapting its energy infrastructure to the evolving demands of a more sustainable and flexible energy matrix. Law 15.269/2025 also introduced incentives for BESS, including their inclusion in the Special Incentive Regime for Infrastructure Development (Reidi) from January 2026 until December 2030, and the reduction of import tax rates on BESS components to zero.
5 Comments
Comandante
This will definitely accelerate renewable energy integration. Brazil is getting serious about green tech.
Bella Ciao
This regulation is too slow. We need faster, more aggressive action on storage, not just more consultations.
Muchacha
It's positive to see ANEEL formalizing regulations for energy storage, which is vital for grid modernization and renewable integration. However, the confirmed dual tariff could be a significant hurdle for developers looking to deploy these essential systems.
Mariposa
Incentives like Reidi and reduced import taxes will really boost investment. Great vision for the sector!
Bella Ciao
While the move to protect end consumers from capacity reserve costs is commendable, the dual tariff structure might make some storage projects economically unfeasible. A balance between consumer protection and investment viability is crucial for growth.