A ANEEL (National Electric Energy Agency) granted forgiveness to generators who acquired a generation grant and entered into CUST (Transmission System Use Contracts) to transport the energy, but they were unable to enter into commercial operation.
With the decision, the grants will be revoked and the respective CUSTs terminated, without termination charges. To adhere to the amnesty mechanism, interested must inform the interest until July 28th and renounce the judicialization of the case, when applicable.
With the impossibility of entering into commercial operation, several generators went to court requesting an injunction to avoid charging CUSTs. O system predicts still that whoever prosecuted the case must pay the past amounts by July, on the other hand, those who have not filed a lawsuit simply confirm their adherence.
Two other conditions are: be compliant with sectoral charges and the absence of contracts in the ACR (Regulated Contracting Environment). Altogether, the ANEEL estimates an uptake of 11,78 GW to the mechanism, which will result in the release of runoff margin.
Other mechanisms
The Agency also approved the extraordinary regularization mechanism, aimed at those generators who wish to exceptionally adjust their work schedule.
As a result, the deadline for implementing the project, provided for in the granting act, will be postponed by 36 months from the publication of the Normative Resolution. To join the system, interested parties must inform their interest by July 28th and provide financial guarantees by September 1st.
The Agency also approved the deferral of amounts relating to the EUST (Charge for the Use of the Transmission System) suspended until then by court injunction, which, with the regularization system, can also be paid in up to 12 installments, limited to the cycle billing system in force at the time billing began.
According to ANEEL, the decisions taken were “necessary to correct distortions and effects caused by the great demand in the past for generation grants due to the end of the exemption from Tariffs for the Use of Distribution and Transmission Systems for renewable plants (such as biomass, wind and solar energy)”, informed the Regulatory Body.
