A 3-2 vote at the regulator ended consensual negotiations at the TCU on September 22.
The board of Brazil's electricity regulator, Aneel, voted 3-2 against a consensual agreement sought by Eneva to introduce contract flexibility across four thermal power plants totaling about 1.2 GW. Following the vote and reservations from the technical staff of the Federal Court of Accounts (TCU), the court's consensual dispute chamber ended negotiations on September 22.
Eneva had pursued the consensual process at the TCU's SecexConsenso chamber to remove mandatory generation floors while keeping the 1.2 GW capacity available for dispatch by the national grid operator (ONS), seeking more attractive commercial terms for selling natural gas.
During the review, the power commercialization chamber (CCEE) estimated that the adjustment would save regulated power consumers roughly BRL 1.7 billion through 2030. The ONS also projected reduced renewable curtailment and greater system flexibility, balanced against higher thermal generation dispatch costs.
The agreement collapsed because Aneel directors and TCU technical staff flagged uncertainties over post-2030 effects, as certain plant contracts run beyond that horizon without demonstrated long-term consumer benefits.
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