List Of “Minor Changes” In Construction Of Energy Projects

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Draft Resolution Establishing List Of “Minor Changes” In Construction Of Energy Projects With Environmental License Was Published

The Ministries of Mines and Energy (“MME“) and of Environment and Sustainable Development (“MADS“) published, for public information and comments, the draft joint resolution establishing a series of activities and works considered as “minor changes” or “normal adjustments” in the construction of power generation and transmission projects, whose implementation will not require the modification of their respective environmental license or any other additional authorization by the environmental authority.

The resolution proposed in this normative project would replace MADS Resolution 376 of 2016, which currently regulates this matter for energy projects, with a view to establishing a regulatory framework adjusted to the provisions that have supervened on it, especially to the Energy Transition Law (2099 of 2021), which expressly established the need to issue this new regulation (Art. 38). However, the project’s justification memorandum states that, based on a technical analysis of “what has been evidenced in the execution of energy sector projects”, the entities carried out an update of these grounds not only in light of regulatory developments but also of the identification of common situations that can be classified as minor changes in the development of energy projects.

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