A ANEEL cannot grant new discounts at TUST (Tariff for Use of the Electricity Transmission System) and TUSD (Tariff for Use of the Distribution System) a plants based on solar and wind energy. The decision was determined by the TCU (Federal Audit Court) last Wednesday (22).
In its decision, the Court of Auditors reported that it was found that the ANEEL has authorized the implementation and exploration, under the regime of Independent Production of Electricity, of projects that are part of the same project, but which are formally divided into several projects smaller than 300 MW of installed power, granting a 50% reduction to be applied to TUST and TUSD, affecting both production and consumption.
“It was verified the existence of plants registered separately with an installed power of less than or equal to 300 MW, but which are part of the same complex, whose total injected power often exceeds the legal limit of 300 MW, that is, there is a fractionation of one venture into several smaller ventures. This constitutes an action to circumvent the limit established by law, resulting in obtaining the benefit of reducing TUST and TUSD”, informed the TCU in the document.
According to the decision, the Agency has 180 days to present an action plan to improve the regulation regarding the granting of a reduction of at least 50% TUSD and TUST, in order to adapt it to the legal meaning that only commercial enterprises up to 300 MW of injected power are entitled to the discount, with a view to prevent the granting of benefits in cases of fractionation or division of single projects into smaller projects.
The TCU also determined that in the action plan of ANEEL must include actions regarding the situation of projects already authorized and with current subsidies, and must consider impact studies of the correction of irregularities in authorizations already carried out, or the presentation of justifications for maintaining reductions already authorized considering the practical consequences that such a decision may entail.
Click here to read the TCU decision.
