EN 
PT_BR 
ANEEL (National Electric Energy Agency) opened a Public Consultation to discuss the improvement of the Normative Resolution that deals with retail sales. The subject will receive contributions until October 13th and proposals can be sent to email [email protected].
The Agency will discuss market opening, which includes the relaxation of migration requirements for the ACL (Free Contracting Environment) and the feasibility of aggregating measurement data.
One of the main points that will be debated is the Rite of Disconnection from the CCEE (Electricity Trading Chamber) and the Suspension of Supply.
According to the Agency, the proposal is to reduce the maximum period for judging the dismissal procedure for CCEE members from 60 to 30 days from default.
Free market accounts for 92% of the expansion of centralized generation in Brazil
In the case of defaulting retail consumers, the proposal is that the minimum notice period for contractual resolution in the event of default be reduced from 30 to 15 days.
ANEEL also proposed implementing notification to the CCEE by the distributor of the suspension of supply to the consumer represented by the retailer. CCEE, in turn, will notify the retailer of the suspension of supply informed by the Distributor.
Another point that will be discussed is the Representative's Standard Contract Disclosure. According to ANEEL, the objective is to ensure greater transparency and ease of comparison between the main elements of retail representation contracts.
“In this case, the proposal is for the retail supplier to display on its electronic portal, at least, a standard annual contract model, providing for volume distribution with seasonality and flat modulation”, informed the Agency.
Until now, free consumers themselves were responsible for the information provided to CCEE. However, for consumers who must be represented before the CCEE by a retail supplier, the proposal is that this information is presented by the retail supplier that represents these consumers.
This obligation for the retail supplier to forward consumer information to CCEE must also be included in standard representation contracts.
The suggestion is that the information provided about a person represented and the updating of registration data be forwarded to the CCEE via an information system.
Another proposal is for the CCEE to act as a centralizer of information related to the migrations of consumers represented by retail traders.
Therefore, the consumer migration information system that will be created and maintained by CCEE must provide for the possibility of increasing future parameters, if necessary.
Regarding the aggregation of measurement data and allocation to the retailer, ANEEL's suggestion is that the process be carried out as follows: the distributor makes consumer measurement data available to CCEE; CCEE receives measurement data and assigns each consumer's load to the respective retail agent; CCEE aggregates the loads assigned to each retail agent and, finally, CCEE counts the sum of loads for each retail agent.
The extinction of retail sales may occur due to the disconnection of the CCEE from the retail supplier. In this sense, there is a need to adjust the rules of Resolution 1,011/2022, since direct membership of the CCEE is not permitted for Group A consumers who remain obliged to retail representation.
In the same sense, within the scope of Resolution 1,000/2021, article 354 must be adjusted, in order to include in the distributor's list of obligations the duty to suspend the supply of all consumer units modeled in the CCEE whose representation by a retail agent has been extinct.
In the case of a consumer covered by Ordinance 50, who requires representation by a retail agent, it may occur that this agent is disabled or disconnected, so that the consumer depends on the acceptance of another retail agent or the local distributor to have continuity of supply. .
In this case, the proposal is that the viable regulatory treatment is analogous to that of a consumer whose migration process to the ACL is not completed for reasons not attributable to the distributor.
Retail marketing and free market
According to data from SAMP (Market Information Monitoring System), there are around 170 thousand high voltage consumer units capable of migrating to the free energy market.
Law No. 14,120/2021 established that commercialization in the free contracting environment may take place through retail sales. Thus, agents authorized by the CCEE will be able to operate this type of marketing on behalf of individuals and legal entities who are authorized not to join the CCEE.
Retail commercialization is characterized by the representation, by agents authorized by the chamber, of consumers or small generators that are not required to join the CCEE (which are plants with up to 50 MW of installed capacity, which have a concession, authorization or registration), of in accordance with ANEEL Normative Resolution No. 570/2013.
