Decree No. 12,834/2026
Decree No. 12,834/2026 redefines conditions for the extension of Proinfa contracts
On 01.26.2026, Decree No. 12,834/2026 was published, which amended Decree No. 10,798/2021, responsible for regulating the extension of electricity purchase and sale agreements under Proinfa, under the management of Empresa Brasileira de Participações em Energia Nuclear e Binacional S.A. – ENBPar. The new rule makes the rules for contract extension more specific, establishing more restrictive time frames and economic conditions.
Among the main changes, the formalization of the extension by means of an addendum to be entered into by ENBPar, subject to the expressions of agreement submitted by July 7, 2025; the possibility of extension for up to twenty years from the end of the current contract, or for a shorter period at the request of the generator; and the setting of the fatal deadline until March 31, 2026 for signing the amendment, under penalty of definitive waiver of the extension. The Decree also standardizes the price based on the ceiling price of LEN A-6/2019, corrected by the IPCA, explains the maximum values per source (R$ 285/MWh for hydroelectric plants and R$ 189/MWh for wind power) and authorizes, at the discretion of the generator, the reduction of the amount of energy contracted – changes after the signing of the amendment are prohibited.
In addition, it preserves the mechanisms provided for in Law No. 13,203/2015, with the possibility of future onerous extension under the terms of Law No. 12,783/2013. Finally, it revokes provisions of the previous decree that granted greater procedural flexibility, reinforcing the exceptional and binding nature of the extension, and determines that ENBPar publishes, within 30 days, the draft of the standard addendum and the respective operationalization schedule.
This content is part of the Energy Bulletin for February 2026, bringing together the main regulatory and sector highlights of the period. This material is for informational purposes only. Our Telecommunications team is available to provide specialized legal advice.
