Technical area of ANEEL proposes changes to the rules for shared generation.

The technical area of ANEEL The Brazilian National Electric Energy Agency (ANEEL) proposes changing the rules for shared generation, a system that allows consumers to share the energy produced by a power plant and use the credits to reduce their electricity bills, without needing to install solar panels on their own property.

The proposals are outlined in Technical Note No. 184/2026, which recommends opening a 45-day public consultation to gather input from the public. Among the suggested changes are a minimum 12-month commitment period in the compensation system and new requirements for distributing credits among participants.

The document, signed at the end of October, presents recommendations from the technical team. The note does not change the rules by itself, nor does it mean that the public consultation has already begun.

What ANEEL Do you want to change?

The main objective of the proposal is to reinforce that shared generation must produce energy for the consumption of the participants themselves, as stipulated in Law No. 14.300/2022.

According to the technical team's assessment, some models have started to function as a commercial offer of discounts on electricity bills, with consumers entering and leaving the projects without effectively sharing the costs and risks of generation, deviating from the initial proposal of shared generation.

To address this situation, the team proposes changes that could affect both the companies that organize these deals and the consumers who participate in them.

One suggestion is to require consumers to remain in the SCEE (Electric Energy Compensation System) for at least 12 months, a mechanism that allows the use of energy injected into the grid to offset consumption on the electricity bill.

Anyone requesting to leave the system before this period would be subject to a waiting period before returning. The duration of this waiting period is not detailed in the guidelines of the notice.

Another proposal would allow distributors to charge for changes in the list of consumers receiving credits from a power plant. According to the technical team, frequent changes generate additional work and management and billing costs.

How would the energy distribution work?

The technical team also wants the amount of credits received by each participant to correspond to their share of the costs, risks, and benefits of the project.

In practical terms, the proposal seeks to ensure a link between the consumer's contribution to making the power plant viable and the benefit they receive on their electricity bill.

The document clarifies that this contribution does not need to correspond to a shareholding in the company or entity responsible for the project. 

It is also proposed to prohibit members who do not have a consumer unit in the area served by the distributor to which the plant is connected.

Why did subscription-based energy enter the discussion?

The statement questions certain offers known as "energy subscription," in which consumers sign up for a service to receive discounts on their electricity bill.

According to the technical area, models have been identified in which the client receives a pre-defined discount without participating in decisions about the power plant or proportionally sharing the risks of it producing more or less energy.

For the team, these characteristics may make the operation more like an indirect sale of energy, distancing it from the purpose of generating energy for self-consumption.

What motivated the proposal?

The analysis used information from 13 distributors across the country's five regions. Among the points that caught the team's attention was the frequent entry and exit of consumers in some of the developments.

According to the technical team's assessment, this turnover may indicate that some power plants serve successive customer portfolios, rather than a group of consumers who maintain a long-term relationship to share generation.

The results refer to the sample analyzed and do not represent all shared generation projects in Brazil.

And who's already participating?

The proposal includes a transition period to allow existing businesses to adapt to the new requirements. The guidelines presented in the note do not specify the duration of this period.

The document also recommends that the adjustment occur without retroactive effects on energy compensations already made. 

The course of action suggested by the technical team is to discuss the changes with society through a 45-day public consultation before defining the new rules.

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