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ARTICLE · 22 NOVEMBER 2022

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New Regulations On Offshore Power Generation

Mayer Brown
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Following the enactment of Decree No. 10,946/2022 ("Decree"), the Brazilian legal framework for offshore power generation projects has been further regulated by (i) MME1 Ordinance No. 52/2022 ("Ordinance")...

BrazilEnergy and Natural Resources

(i) Overview

Following the enactment of Decree No. 10,946/2022 ("Decree"), the Brazilian legal framework for offshore power generation projects has been further regulated by (i) MME1 Ordinance No. 52/2022 ("Ordinance"); and (ii) MME/MMA2 Joint Ordinance No. 03/2022 ("Joint Ordinance"), which are the result of public consultations Nos. 134/2022 and 135/2022, held by MME in September.

The Ordinance establishes the rules and additional guidelines for the assignment of use of offshore areas for power generation, while the Joint Ordinance instructs for the creation of the Unified Portal for Managing the Use of Offshore Areas ("PUG-Offshore3"). Both the Ordinance and the Joint Ordinance became effective simultaneously on November 1, 2022. For a better understanding of this new regulatory structure, we present below the key provisions of each diploma.

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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