The STD (Superintendence for the Regulation of Electric Energy Transmission and Distribution Services) of ANEEL determined that the distributor is prohibited from canceling or invalidating the connection budget after it is delivered to the consumer, except in the cases provided for in §§7º and 8º of art. 83 and §2º of art. 655-E of the Normative Resolution No. 1.000, of 2021.
The decision was published this Monday (18) in the DOU (Official Gazette of the Union) through Order 3.438 of the STD/ANEEL.
In the decision, the Agency instructs that distributors and concessionaires who cancel or invalidate the connection quote without any basis must restore the validity of the quote originally delivered. .
In addition, they must notify and restore to the consumer the full period for carrying out the acts that were harmed. This period must be counted from the receipt of the notification.
Another determination by the Agency is that the connection budget change agreement must be formalized in writing and signed by both parties.
And in case there is no agreement between the distributor and the consumer, the connection quote originally delivered prevails.
Another determination of the ANEEL is that the delay in injecting energy into a consumer unit with micro and mini distributed generation resulting from irregular conduct by the distributor must be classified as a pending matter for which the distributor is responsible.
In the lawyer's opinion Thiago Bao Ribeiro, the instruction of the ANEEL was directed at distributors who canceled or invalidated connection budgets already provided with the sole reason being the inversion of power flow.
“Delays in the injection of energy by micro or mini generation due to cancellation or inadequate change of the budget are the responsibility of the distributor, who must reimburse the consumer for the period in which energy was not injected. Bao Ribeiro Advogados was one of the first law firms in Minas Gerais to take this matter to the Judiciary, since ANEEL did not take a firm stance against the abuses committed by distributors,” the lawyer pointed out.
“This decision of the ANEEL is a significant milestone for the solar distributed generation sector in Brazil. It not only protects consumers’ rights, but also brings more legal certainty and transparency to distributors,” highlighted Bao Ribeiro.
“This is crucial for sustainable growth and confidence in the sector, allowing more Brazilians to adopt solar energy as a viable and sustainable alternative. At a time when the search for clean and renewable energy sources is more important than ever, this measure reinforces the country's commitment to innovation and energy sustainability”, he concluded.
Access the order signed by Carlos Alberto Calixto Mattar, superintendent of STD, in full by clicking here.
Answers of 2
It's a good thing that Aneel took a decision that protects the inalienable right of the consumer (investor) in this excellent source to contribute to environmental sustainability, reducing our ecological footprint, which is among the largest in the world. It is important that the power granting the duties and rights of those involved acts for the benefit of the country and avoids unjustifiable obstacles to increasing the installed capacity of alternative and renewable energy sources, such as wind and solar.
another victory for all of us who work seriously in the photovoltaic sector, where the concessionaires did what they wanted, rejecting the projects of all companies without any reason, further harming the end consumer who paid dearly for their project, congratulations for the justice that has now been done, the solar sector and Luz solar Brasil only has to grow even more