ABGD (Brazilian Association of Distributed Generation) filed a collective writ of mandamus with a request for an injunction in the STF (Federal Superior Court), against the TCU (Federal Audit Court) Ruling – Ruling 3063/2020.
According to the association, the TCU could not give a regulatory bias determination to ANEEL (National Electric Energy Agency), when, in November 2020, it issued a decision focused on DG (distributed generation) of electric energy, regulated by REN 482 (Normative Resolution No. 482/2012).
Following the TCU’s ruling, the Agency presented an action plan to update the GD compensation system. “We must act decisively to avoid a complete exchange of values and functions, to the detriment of one of the few sectors of the Brazilian market that continued to generate jobs and income, even with the country in the midst of a pandemic. The TCU should not have issued a ruling of this nature,” stated Carlos Evangelista, president of the ABGD.
Read more: Could the TCU determine what the ANEEL should I do?
In response to the TCU's decision, the ANEEL proposed last Friday (1st) a draft regulation with the new rules and committed to editing the new resolution by June 30th. In ABGD's assessment, the document is extremely unfavorable to the DG sector.
“It was a formal and necessary act, however, it left a big question in the air: “Why did the person most interested in opposing this TCU determination on a strictly regulatory matter not do so when they could?”, added the president of ABGD .
ABGD's expectation is that the STF will judge the claim and grant the injunction, allowing the GD legal framework process to continue in the Chamber of Deputies, through PL 5829/2019, authored by deputy Silas Câmara (Republicanos/AM ) and whose rapporteur is Lafayette de Andrada (Republicanos/MG).
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