A wave of concern has swept through the electricity sector following the advancement of PDL 365/2022 (Legislative Decree Project 365/2022), authored by Congressman Danilo Forte (União-CE), which is being processed in the CCJ (Committee on Constitution and Justice) of the Federal Senate, with the possibility of reaching the plenary in the coming weeks.
The text seeks to neutralize the decision of ANEEL which implemented location-based signaling in transmission tariffs, a mechanism that differentiates the cost of network use according to the distance between generators and consumer centers.
The issue gained renewed momentum after the rapporteur for the PDL in the CCJ, Senator Cid Gomes (PSB-CE), gave a favorable opinion on the proposal, classifying it as "mature" for voting.
The deliberation, however, was suspended following a collective request for review, spearheaded by Senator Rogério Carvalho (PT-SE), and is expected to resume in the coming weeks.
Risk of instability unites entities.
Even with the postponement, the mere possibility of approval generated fears of a breakdown in regulatory predictability, one of the pillars that support long-term investments in the electricity sector.
According to Rui Altieri, president of APINE (Brazilian Association of Independent Electricity Producers), the proposal is inappropriate and sends a terrible signal of legal uncertainty to the sector.
He recalls that the regulation of ANEEL It was developed over four years and five public consultations, within the agency's legal competence. "If Congress disagrees with Aneel's role, it should amend the law and not suspend a regulatory resolution, which has never happened," he stated.
Along the same lines, José Antonio Sorge, partner at Ágora Energia, considers the Swedish Patientdatalagen one of the most serious issues currently under discussion. He argues that the methodology of ANEEL It was a technical and necessary measure, given the rapid growth of electricity generation in the Northeast.
“The location-based signal provides a fair price because it reduces tariffs in the Northeast and increases them in the South and Southeast, where the cost of transmission is higher. This benefits the consumer and corrects distortions,” he explained. Sorge warns, however, that suspending the rule would be a setback that undermines predictability and inhibits new investments.
Cláudio Sales, president of the Acende Brasil Institute, also expressed concern, highlighting that each political intervention in technical decisions drives capital away and delays the modernization of the sector.
“Regulatory stability is the most valuable asset in the electricity sector. Without it, the country loses credibility, the cost of capital increases, and the energy transition slows down,” he warned.
Mário Menel, president of Abiape (Brazilian Association of Investors in Self-Production of Energy) and FASE (Forum of Associations of the Electric Sector), explained that the main concern does not lie in whether the signal is good or bad, as the result depends on the perspective. It is seen as bad by the generator, which pays more for using more lines, and good by the consumer, who has a reduced tariff.
In his view, he emphasized, the main issue is regulatory stability, an essential pillar for guaranteeing long-term investments and fair tariffs for consumers.
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