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- Inovação, Jurídico
The usefulness of contractual joint ventures for energy companies
In the free energy market, or technically in the free contracting environment (ACL), it is common to find at least three distinct actors working toward the broad production of energy. These are: the energy generation company, the energy trader, and the distributor.
- Energia, Jurídico
Air Bridge: Between Unpredictability and Risky Optimistic Decisions in the Energy Sector
I am writing this text from inside the plane that is taking me back to Florianópolis. I spent two days in Rio de Janeiro attending meetings, visiting energy sector companies, and catching up with dear friends and partners.
- Energia, Jurídico
The Importance of Clearly Defining the Rules of the Game: Oil Fields and Trillions of Reais
Some time ago, the Superior Court of Justice (STJ) announced a dispute involving Petrobras and the National Agency of Petroleum, Natural Gas and Biofuels (ANP) over the potential imposition of special participation fees on Petrobras. Essentially, this tax would originate from or be triggered by the ANP's administrative decision to unify the oil fields previously acquired by Petrobras.
- Jurídico
Mapping Bills No. 1878/2022 and 2308/2023: Regulating “Green” Hydrogen
Through the Environment Committee, the Federal Senate introduced Bill No. 1878/2022, aimed at creating a policy for the regulation of the "production and uses for energy purposes of Green Hydrogen."
- Uncategorized
The hydrogen color palette
Hydrogen is the most abundant element in the universe and has the ability to form more chemical compounds than any other element. Considered discovered in 1766 by Henry Cavendish, there are several reports prior to this period about a "flammable gas."
- Jurídico
Maximizing the Value of Energy Transactions: The Role of Law and Economics Analysis in Contract Formation
In today’s energy landscape, where efficiency and sustainability are crucial, contracts play a vital role in maximizing the value of energy transactions. However, it’s worth asking: how can we ensure that these contracts are structured to meet the economic objectives of the parties and promote sustainable development?
- Jurídico
Aneel opens public consultation to improve transition rules regarding the end of discounts on TUST and TUSD
The Brazilian Electricity Regulatory Agency (ANEEL) will launch a public consultation process from June 16 to July 31, 2023, to gather input from society to improve the rules and procedures related to the end of discounts applied to the Transmission and Distribution System Usage Tariffs.
- Jurídico
“Attention Clauses” in Energy Purchase and Sale Contracts in the Free Market (ACL)
Beyond the usual clauses provided in any contract related to legal transactions between private entities, individuals, or business companies, the purpose of this article is, in a very objective manner, to introduce points for consideration regarding certain clauses found in energy purchase and sale contracts in the free contracting environment.
- Jurídico
New Arbitration Convention of CCEE – What Changes in Practice?
On February 14, 2023, the National Electric Energy Agency (ANEEL) approved the new Arbitration Convention of the Electric Energy Trading Chamber (CCEE). The purpose of this article is to briefly analyze the main impacts of the new instrument on the reality and business practices between CCEE and its agents.
- Energia
Authorization Granting before ANEEL for Wind and Solar (Photovoltaic) Projects – Systematizing RN 876/2022
Many questions arise about the procedure and requirements for obtaining an authorization grant from the National Electric Energy Agency (ANEEL) for the exploration and installation of wind and photovoltaic plants. Based on Normative Resolution No. 876, dated March 10, 2020, amended by Normative Resolution No. 954, dated November 30, 2021.
- Energia
The advancement of the free energy market
Imagine the following scene: an open-air market where merchants sell their products, competing on price to attract consumers. Now, imagine that in this market, only one product is sold: electricity.
- Energia, Jurídico
REIDI for Distributed Minigeneration: Ministry of Mines and Energy Opens Public Consultation
Through Ordinance 765/GM/MME, dated January 16, 2024, the Ministry of Mines and Energy released a draft ordinance proposing procedures for requesting the inclusion of distributed minigeneration projects in the Special Incentive Regime for Infrastructure Development (REIDI). The public consultation will remain open from January 17, 2024, to February 16, 2024.
- Jurídico
The Plot of ICMS on TUSD in Mini and Microgeneration: Perspectives Following the STF Decision
With the decision issued on January 9, 2024, the Plenary of the Brazilian Supreme Federal Court (STF), when judging Extraordinary Appeal with Complaint No. 1,464,347, clarified a crucial issue for the energy sector: the application of ICMS (Tax on the Circulation of Goods and Services) on the Tariff for the Use of Distribution Systems (TUSD) in cases of mini and microgeneration of energy is not a constitutional matter, but rather an infraconstitutional one.
- Jurídico
Presidential Vetoes to the Legal Framework for Distributed Generation: What Does This Mean?
On January 6, 2022, Law 14.300 was enacted. It established the Legal Framework for Distributed Micro and Mini Generation, along with the Electric Energy Compensation System and the Social Renewable Energy Program.
- Jurídico
Mapping ANEEL Resolution No. 1,000/2021
ANEEL Resolution No. 1,000/2021, published on December 7, 2021, and effective as of January 3, 2022, stands out as a significant regulatory milestone, particularly for its role in streamlining numerous regulatory provisions concerning the rules governing electricity distribution services. In essence, this resolution brought together what was previously addressed across 64 resolutions—issued at different times and with varied content—into a single, unified regulatory framework.
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