Holders of legacy self-supply or cogeneration permits and their partners have had, since June 2026, guidelines for a voluntary and expedited migration to the regime of the Electricity Sector Law. The decision affects permits, power plants, load centers, contracts and market representation; that is why it must not be reduced to a regulatory formality. The first windows of the procedure occur in 2026 and shape the subsequent path. This is informational material and does not constitute legal advice.
Who decides and within what deadline
The guidelines published by the Ministry of Energy on June 18, 2026 allow legacy permits and the linked instruments to be migrated. The process is voluntary: those who do not migrate keep their regime until the title ends, with no possibility of renewal under the new law. The general calendar runs from June 19, 2026 to October 6, 2028. The initial stage to register interest was set from June 19 to September 18, 2026, followed by the submission of applications between September 21 and October 16. Before choosing, each participant must confirm whether it is a holder, partner, load center or counterparty, and who has authority to bind it.
Choosing the future configuration
Migration may lead, depending on the case, to schemes of isolated or interconnected self-consumption, generation to participate in the Wholesale Electricity Market, and basic or qualified supply for load centers. Each configuration changes responsibilities, costs, guarantees, metering, interconnection and contractual exposure. The company must model demand, production, wheeling, charges, backup and investment horizon, not just compare a present rate. It also needs to identify the market participant that will represent assets when applicable and review compatibility among permits, interconnection contracts, self-supply companies, financing and agreements with users. The fastest regulatory alternative is not always the one that best preserves the project's continuity or economics.
Preparing a coordinated file
The file must gather titles, amendments, capacity, location, partners, load centers, related contracts and consistent technical information. Differences between internal records and authorities' registries can delay the evaluation, so it is advisable to reconcile them before filing. Legal, energy, finance, operations and credit must agree on minimum conditions and exit scenarios. It is also necessary to identify consents from creditors, partners and counterparties, as well as tax and accounting effects that require specialists. A milestone matrix must assign owners for registering interest, application, requirements, new instruments and start of operation. The Clarifying Note published on June 26, 2026 must also be consulted, which corrected the date of the seventh stage of article 18, section II, subsection g): the correct date is from April 5 to 23, 2027, not from September 5 to 23, 2027. Any subsequent change must be verified directly in the Official Gazette and at the Ministry's window.
Key points
- Migration is voluntary, but legacy permits are not renewed under the new regime.
- The initial registration and application windows are scheduled for 2026.
- Permit, power plant, load centers and contracts must be analyzed as a single system.
- The chosen configuration changes costs, guarantees and operational responsibilities.
What to review
- Confirm participants, assets, contracts and authority linked to the legacy permit.
- Compare regulatory and financial scenarios before registering the migration option.
- Reconcile technical data and prepare a calendar with owners for each milestone.