The portability of power contracts in the free market gained impetus in 2024 amid consumers search for better conditions and offers.
According to data from the Electricity Commercialization Chamber (CCEE), 137 consumer units exchanged supplier in the free market last year, compared to 11 cases in 2023.
The data embraces only the change between retailers, representing high voltage consumers, with an individual load of less than 500 kW. Customers at this level of consumption must be represented by a retailer in the market.
If considered the units that chose to exchange direct negotiation with an agent to a contract with a retailer, 393 consumers made this option in 2024, compared to only 33 in 2023.
Custom services
In addition to the best prices, the search for custom services is another reason for changing the power supplier, as well as the supply of additional services.
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“The portability requests between free market operators in Brazil are quite frequent. Although users are already in the free market, they continue to look for better conditions and offerings, ”says Bichara Advogados partner Luciana Maciel.
Another reason that has also led consumers to opt for contract portability is the option of entering the self -production model, in which the customer becomes a partner of the plant and is exempt from some charges.
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In practice, the exchange of the energy supplier has no great additional bureaucracy. The consumer needs to notify the trader at least 90 days in advance of the date intended to close the current retailer commercialization agreement. During this period, the new contract must be signed.
Within the CCEE, the process is done by the traders themselves. “The consumer must respect the deadlines and conditions established with the current and the new trader,” says Maciel. The lawyer states that the procedure is simple, but can be improved.
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Flexible standards
“We can think, for example, in rules that establish, for specific cases of portability, smaller deadlines, exemption from fines, solutions for further and further controversy. In Comercial Seara, there may be the development of discouragement policies and repression of cartels and anti -specifics of the market, ”he says.
Stocche Forbes partner Frederico Accon points out that the negotiation for contract exchange should always involve a good analysis by both parties.
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“The main thing is to evaluate well the credit risk of the other party, on both sides: both the consumer, to make sure who is buying the energy, if it is reliable, has a financial economic robustness, and, likewise, for those who are selling to be sure that those who are buying has the economic ability to honor contracts,” he says.
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It is expected that portability in the free energy hiring environment will gain an even greater momentum in the coming years, from the approval of the rules by the National Electric Energy Agency (ANEEL) for the sharing of consumer data, the so -called “Open Energy”.
“Data sharing in a non -discriminatory manner, with broad and isonomic access by traders and energy consulting, should contribute to the development of new products, increased competition between companies in the sector, reduced market concentration and, consequently, prices practiced, among other benefits,” says Caputo partner Bastos and Serra Lawyers, Wagner Ferreira.
