By proposing significant changes to the national electricity sector, Provisional Measure 1300/2025 also opened the powers of the CCEE (Electric Energy Trading Chamber) to operate in other markets, such as natural gas and other fuels, and was renamed CCE (Energy Trading Chamber). This expansion of scope, although seen by sources as a very important step, raises reservations on the part of market agents.
For Rui Altieri, who was chairman of the Board of Directors of the then CCEE and is now chairman of APINE (Brazilian Association of Independent Electric Energy Producers), the change is seen as a normal process. He emphasizes that the Chamber has a highly qualified technical team and that the decision to operate in other markets will be up to the association's assembly, which is sovereign.
Altieri cites as a successful example of absorption of activities the transition of the istration of Eletrobras charges to CCE. According to him, the entity can take on new activities without much concern. Even the fact that a new governance structure for the CCE is pending approval at the ANEEL (National Electric Energy Agency) and possibly needing to be reviewed due to the MP, is not seen by Altieri as a major concern, but rather as something day-to-day and manageable by the sector.
Newton Duarte, CEO of Cogen (Energy Cogeneration Industry Association), echoes the positive view of CCE’s performance in the natural gas market. “I think it is positive that we have centralized sales at CCE for natural gas,” he says.
Duarte understands that the registration of contracts and ing carried out by the CCE are necessary and important to provide reliability and security in transactions in the free contracting environment of the natural gas market. However, he emphasizes that the governance structure for natural gas must be minimal and integrated into the electricity structure. He also believes that the CCE must have a close relationship with the ANP (National Agency of Petroleum, Natural Gas and Biofuels), which regulates natural gas, just as it has with Aneel for electricity.
Regulatory uncertainty
In contrast, the expansion of CCE raises reservations for Luiz Eduardo Barata, former president of the CCE Board of Directors, now in charge of the National Energy Consumers Front, and also for Ricardo Lima, former councilor of the Chamber and now consultant.
Barata sees the transformation of the CCE as something good for the entity, however, his main concern is with the structure of the organization's new governance, which has been debated for a year and has not yet been resolved. He points out that the MP adds more tasks to the CCE, which will imply a mandatory review of its entire system, even without the current problems being solved.
A key issue for the executive is the regulatory uncertainty for these new areas. “If the CCE will operate in the gas or carbon market, who will regulate it?” he asks.
He points out that, by law today, the CCE is regulated by ANEEL for electricity. For him, this issue of regulation for other energy sources is much broader than what is written in the provisional measure and is a cause for concern.
Government interference
Ricardo Lima also expressed concern about the expansion of the CCE. According to him, the inclusion of this change in the MP would have been a request from the current president of the CCE Board of Directors, Alexandre Ramos, to the Minister of Mines and Energy, Alexandre Silveira. He raised the operational risk of the CCE in having the capacity to respond to all these challenges, arguing that the implementation lacks .
Lima questions how the CCE, which already has dozens of attributions, will deal with the settlement of 250 thousand, one million or more retail customers following the expansion of the free energy market, another point provided for in MP 1300. Lima's concerns focus heavily on the entity's governance.
In your opinion, the future format of the board proposed in the structure awaiting approval at ANEEL, has more interference from the federal government than the strength of the agents that form the assembly of associates. Lima also points out a lack of clarity about who will approve the procedures for the commercialization of other energy sources, such as gas and biodiesel.
He reinforces the doubt about who will oversee these new activities, mentioning that the ANP, for example, does not currently have the legal authority to oversee an energy trading chamber in this context. Although the MP requires istrative, financial and ing separation for the new activities, the management structure for this has not been defined.
ANEEL assesses the impacts of the MP
The changes to the CCE proposed by MP 1300 / 2025 also have a direct impact on the process of approving the organization's new Bylaws in ANEEL, still pending approval. Director Fernando Mosna recently requested to review the process. He considers the MP a “supervening fact”.
In other words, a subsequent event that could change the legal situation. Mosna already saw “illegality” in the statute approved by the , which motivated his initial request for review. With the new wording given to the CCE by the MP, which opens its attributions to any energy sector, he will need to consult the technical areas and the agency's attorney's office to assess whether the changes will require the statute to be revised again or whether partial approval will be possible.
The CCE was also consulted by the Canal Solar, but did not comment until the closing of this report. ABEGÁS (Brazilian Association of Gas Distribution Companies) Canal(ized) preferred not to take a position on the subject.
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