Energy InSight – 2nd quarter 2023

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The constant review of rules and regulations in the power sector is essential to bring legal certainty to the industry. The 6th volume of the Energy InSight brings together the main proposals and
improvements to Brazilian regulation that deserve to be highlighted this quarter, as well as the discussions that should guide the sector over the coming months.

In this sense, Energy InSight opens this edition commenting on the opening of Public Consultation No. 015/2023 (CP 015/2023) by ANEEL, published on May 11, 2023 – referring to the exceptional proposal for the amicable termination of Agreements for the Use of the Transmission System (CUST) that focused on consumption and generation from renewable sources.

We also paid special attention to two Normative Resolutions – REN No. 1,064/23 and REN No. 1,064/23 – published by ANEEL in May of this year, which ensured greater legal certainty for agents in the power sector with regard to the safety and inspection of dams under the jurisdiction of ANEEL. Both Resolutions not only strengthen the provisions of Law No. 12.334/2010
– responsible for establishing the Legal Framework for the National Policy on Dam Safety – but also solidify ANEEL’s authority on this topic.

Still within the scope of the power sector, we analyzed the new wording of the arbitration agreement of the Chamber of Commercialization of Electric Energy (CCEE). This amendment brought improvements in relation to the previous arbitration convention in force, which dated from 2007. Finally, turning our attention to regulatory revisions in the oil and gas sector, we highlight ANP Resolution No. 924/2023, which resolves a regulatory gap with regard to the certification of local content for the charter of foreign rigs, vessels and stationary units (i.e., that were built outside of Brazil.

We wish you all a good read!
Energy and Natural Resources team
of Campos Mello Advogados in
cooperation with DLA Piper

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