ABSOLAR files a lawsuit against the Union to include a solar source in Auction A-6

A ABSOLATE (Brazilian Photovoltaic Solar Energy Association) filed a public civil action on Monday night (15) against MME (Ministry of Mines and Energy) and the ANEEL (National Electric Energy Agency). 

The decision aims to demand an injunction that determines the inclusion of the solar source in the New Energy Auction A-6, for which the participation of other renewable sources with variability characteristics was foreseen.

“After several attempts to obtain clarification on the reasons for the exclusion of solar in the competition, without an adequate response, and considering the damage caused to the consumer by the reduction in competitiveness in contracting electricity, ABSOLAR requested an injunction determining the inclusion of the photovoltaic source in the event”, informed the association. 

A action was filed in the Judiciary Section of the Federal District and distributed to the 4th Federal Court. A initiative is exclusively in relation to the A-6 auction and does not cover the 2022 A-5 auction, in which the solar source is included.

“It is necessary for government authorities to guarantee equal participation in energy auctions between sources and include photovoltaic projects, precisely because they are projects with highly competitive prices and which can help reduce consumers’ electricity bills,” he said. Rodrigo Sauaia, executive president of ABSOLAR.  

Auction A-6 is canceled

On the same day that ABSOLAR filed the public civil action, the MME informed – at 8:28 pm on its website – that it had decided cancel the A-6 Auction due to “several ongoing measures”.

According to Pasta, among them are the proposal to open the market and the expansion of distributed generation. “There was no declaration by the energy distributors of the need to purchase electricity for the Auction”, alleged the MME. 

Guilherme Berejuk, lawyer representing ABSOLAR in the public civil action, in turn, said that “although the news of a possible cancellation of the A-6 auction has circulated in the press and published on the MME website, only in light of the formal act of cancellation of this event is that, depending on its content, we will have a definition on the fate of the public civil action”. 

“In any case, the most important aspect to be preserved by public civil action is the interest of consumers, ensuring broad competition to reach the lowest price. Any cancellation would have a similar effect, preventing a defective auction from taking place”, adds the lawyer.