The fight continues: CNPE guidelines will dictate the game for ANEEL value the GD

With the collaboration of Mateus Badra

This Thursday (23), the MME (Ministry of Mines and Energy) published the Public Consultation No. 129/2022, which collects contributions, until July 3rd, suggestions for guidelines for calculating the costs and benefits of own generation of renewable energy in Brazil.

As reported by Canal Solar, the energy compensation rules, after the transition period imposed by Law 14.300, will depend on the valuation to be established by ANEEL based on the costs and benefits of DG, respecting these guidelines from the CNPE (National Energy Policy Council).

The opening of this consultation, carried out more than five months after the date of publication of Law 14.300 of January 6, 2022, was determined by § 2 of art. 17 (see image below).

According to this article, to create the guidelines, the CNPE must listen to society, associations and representative entities, companies and agents in the electricity sector. And the Ministry chose to open a public consultation.

Sources heard by Canal Solar, said that the opening of this consultation was not planned and that it only occurred due to the complexity of the topic.

These guidelines will be used as a basis for the ANEEL (National Electric Energy Agency) to define the rules after the transition period. Stressing that the CNPE has until July to define these guidelines, as determined in article 17.

After the CNPE defines the guidelines, the ANEEL will have up to 12 more months to establish the calculations for the valuation of benefits and the new rules that will be valid from 2029, when the transition period ends (figure below).

The law reinforces that when establishing the guidelines, the CNPE must consider all benefits, including the locational benefits of microgeneration and minigeneration distributed to the electrical system, comprising the components of generation, electrical losses, transmission and distribution.

It is up to the CNPE to advise the President of the Republic for the formulation of policies and guidelines for the electric energy sector; and indicate actions to be taken by the federal government with technical assistance from regulatory agencies.

Opening of the Public Consultation

Once it is understood that listening to society and other actors in the electricity sector is part of the process, the opening of Public Consultation No. 129/2022 is understandable.

Which means that this is the time for contributions to be sent to the MME who, in turn, will use the suggestions received to final define the benefits of GD in the country.

The participation of professionals in the distributed generation market is vital, as the guidelines will impact the viability of renewable sources projects in the country. To help professionals participate, the Canal Solar provides a step-by-step guide on how to contribute. Click here to access.

And after the consultation?

As previously stated, after the National Energy Policy Council determines the guidelines, the ANEEL will have up to 12 more months to define the calculations for the valuation of benefits and the new rules will be valid from 2029, when the transition period ends.

Read in full

Find out how to contribute to the MME consultation on GD valuation

For more information about Law 14.300 read the article Law 14.300: main changes to the GD Legal Framework.

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