Federal Appellate Panel Annuls Rule That Funded Billions in Transmission Payments

Overview

• A panel of the TRF1 annulled part of a federal ordinance that authorized a cost-of-capital payment to transmission companies and ordered that amounts already paid be compensated to consumers through future tariff adjustments.
• The court granted an early injunction that suspends charging the cost-of-capital remuneration for plaintiffs in upcoming tariff cycles while legal remedies continue.
• Axia Energia and ISA Energia were named as the main firms affected and they say they are reviewing the full ruling and may file appeals once the acórdão is published.
• Regulatory history explains the dispute: the payments stem from the RBSE financial component created after early transmission contract renewals under MP 579 in 2012 and challenged in lawsuits filed by large consumers and generators in 2017–2018.
• Practical effects remain uncertain because about 80% of disputed sums have already been paid, a 2025 Aneel recalculation trimmed future charges by R$5.6 billion, and the timing and method of refunds depend on subsequent judicial and regulatory steps.