The Research and Development (R&D) activity in the electric power sector is the subject of a series of specific laws and is regulated by the Brazilian Electric Energy Agency (Aneel). Law no. 9,991, of July 24, 2000, has established the basic guidelines of the National R&D Program for the sector. The legislation imposed a minimum percentage of investment in R&D that electric power companies must perform every year - with certain exceptions.
In accordance with Law No. 9.991, of July 24, 2000, concessionaires of public electricity distribution, transmission or generation services, permissionaries of public electricity distribution services and those authorized for the independent production of electric energy, excluding those that generate energy exclusively from wind, solar, biomass, qualified cogeneration and small hydroelectric plants, must annually apply a minimum percentage of their net operating revenue - ROL in R&D and energy efficiency projects - EE , according to regulations established by ANEEL.
The minimum percentages in effect for application in R&D, established by Law 9.991/2000, as amended by Law 13203, are: 0.5% of net operating revenue (ROL) until December 31, 2022. As of January 1, 2023, this percentage rises to 0.75%. Generation concessionaires, those authorized for the independent production of electric power and the transmission concessionaires were obliged to apply annually at least 1% (one percent) of ROL in R&D.
For the Electric Power Distribution concessionaires, the minimum percentages in force for investment in R&D are applied as follows:
The same law establishes that there is a need to devote, at least, 30% of these investments for projects developed by research institutions based in the North, Northeast and Midwest regions, including the respective areas of the Regional Superintendencies.
The results of the R&D projects and the resources provided are assessed and monitored by Aneel.