ANEEL grants forgiveness for generators that did not come into operation

Those interested in joining the extraordinary mechanism must inform their interest by July 28th
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ANEEL concede perdão para geradores que não entraram em operação
Photo: ANEEL/Disclosure

A ANEEL (National Electric Energy Agency) granted forgiveness to the generators who acquired a generation grant and entered into COST (Transmission System Use Contracts) to transport the energy, but they were unable to enter into commercial operation. 

With the decision, the grants will be revoked and the respective CUSTs terminated, without termination charges. To adhere to the amnesty mechanism, interested must inform the interest until July 28th and renounce the judicialization of the case, when applicable. 

With the impossibility of entering into commercial operation, several generators went to court requesting an injunction to avoid charging CUSTs. O system predicts yet that whoever prosecuted the case must pay the past amounts by July, on the other hand, those who have not filed a lawsuit simply confirm their adherence. 

Two other conditions are: be compliant with sectoral charges and the absence of contracts in the ACR (Regulated Contracting Environment). Altogether, the ANEEL estimates adhesion to the mechanism of 11.78 GW, which will result in the release of runoff margin.

Other mechanisms

The Agency also approved the extraordinary regularization mechanism, aimed at those generators who wish to exceptionally adjust their work schedule. 

As a result, the deadline for implementing the project, provided for in the granting act, will be postponed by 36 months from the publication of the Normative Resolution. To join the system, interested parties must inform their interest by July 28th and provide financial guarantees by September 1st. 

The Agency also approved the deferral of amounts relating to the EUST (Charge for the Use of the Transmission System) suspended until then by court injunction, which, with the regularization system, can also be paid in up to 12 installments, limited to the cycle billing system in force at the time billing began.

According to ANEEL, the decisions taken were “necessary to correct distortions and effects caused by the great demand in the past for generation concessions due to the end of the exemption from Tariffs for the Use of Distribution and Transmission Systems for renewable plants (such as biomass, energy wind and solar)”, informed the Regulatory Body. 

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Henry Hein
He worked at Correio Popular and Rádio Trianon. He has experience in podcast production, radio programs, interviews and reporting. Has been following the solar sector since 2020.

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