Data Center Power & Policy in Brazil

Grid access (2)

• Grid accessIn force24 Apr 2026

  MME Normative Ordinance 129/2026: rules for PNAST Access Seasons

  Sets how Access Seasons work: ONS publishes remaining capacity separately for consumption and generation; where requests exceed capacity, the main criterion is the highest premium offered in R$/kW, paid upfront; bidders post a participation guarantee; winners that fail to pay or sign a transmission use contract (CUST) lose the capacity and are barred from the next two seasons. When load and generation compete without a specific directive, consumption has priority.

  Ministry of Mines and Energy (MME) · Effective 27 Apr 2026 · MME – Portaria Normativa MME nº 129/2026

• Grid accessIn force5 Dec 2025

  Decree 12.772/2025: National Transmission Access Policy (PNAST)

  Replaces first-come access to the transmission grid with periodic Access Seasons run by the grid operator ONS; where demand at a connection point exceeds capacity, a competitive process allocates it and the proceeds lower tariffs. Pending consumer requests (including large loads such as data centers) had to post a financial guarantee within 45 days to stay in line. Amends Decree 5.597/2005 to allow new consumer units connected at 230 kV or higher and shared connection points for industrial clusters; EPE must map large consumers each year.

  Presidency of the Republic / Ministry of Mines and Energy · Effective 8 Dec 2025 · MME – Decreto nº 12.772, de 5 de dezembro de 2025

Incentive (1)

• IncentiveIn force15 Sep 2026

  Law 15.504/2026: Redata special tax regime for data center services

  Creates Redata inside Law 11.196/2005. Qualifying data center projects get PIS/Pasep, Cofins, IPI and (where no national equivalent exists) import tax suspended on fixed-asset purchases, converted to a zero rate once commitments are met. Conditions: offer at least 10% of capacity to the domestic market (or invest an extra 10% in R&D), meet all power demand with renewable or low-emission supply contracts or self-generation, keep WUE at or below 0.05 L/kWh, invest 2% of the value of the goods in national R&D, and publish sustainability indicators. Commitments are cut by 20% for sites in the North, Northeast and Centre-West. Benefit term of 5 years (Art. 11-J).

  0.05 L/kWh maximum Water Usage Effectiveness for Redata beneficiaries

  Presidency of the Republic / National Congress · Effective 15 Sep 2026 · Planalto – Lei nº 15.504, de 15 de setembro de 2026

• Grid accessProposed6 Oct 2026

  ANEEL Public Consultation 36/2026: transition rule for large-load expansions under PNAST

  ANEEL proposes adapting transmission rules (REN 1.017/2022, network procedures) to PNAST, with a transition rule for load expansions by consumers already in the access process before the new model, including data centers. ONS would prioritise expansions due in 2029 for requests filed by 22 January 2026, subject to remaining capacity and technical validation; it is not an automatic capacity reserve. Contributions run 8 October to 22 November 2026.

  National Electric Energy Agency (ANEEL)

• Plan or strategyProposed16 Jun 2026

  Bill PL 1.680/2025: National Data Center Policy

  Bill to create a National Data Center Policy: priority access to the transmission grid for projects in regions with surplus generation, companies may finance their own grid connection without passing the cost to tariffs, incentives to spread data centers across regions, and a 'data embassies' regime for foreign government data. Tax exemptions were removed by the rapporteur. Approved by a Chamber of Deputies committee in June 2026; still needs the Finance and Justice committees and the Senate.

  Chamber of Deputies