ANEEL recognizes benefits of GD and promises to monitor distributors

Criticisms and demands regarding the regulation of the GD Legal Framework schedule a public hearing in Brasília (DF)
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ANEEL reconhece benefícios da GD e promete fiscalizar distribuidoras
Hélvio Guerra, director of ANEEL. Photo: Saulo Cruz/ANEEL

With collaboration of Ericka Araújo

A ANEEL (National Electric Energy Agency) held, this Thursday (08), an in-person session of the Public Hearing No. 15/2022, with the aim of discuss the regulation of the GD Legal Framework (distributed generation). 

O event was held in Brasília (DF) and received the presence of lawyers, legal authorities, energy unions, businesspeople and representatives of the electricity sector, linked to both distributors and renewable energies.

With the exception of representatives of electricity concessionaires, the vast majority of present criticize the conduct adopted by ANEEL and by distributors in relation to the promotion of distributed generation and renewable energy in the country. 

In the midst of these questions, Hélvio Guerra, director of ANEEL, guaranteed that the Agency is not prejudiced against any energy source and that the GD is very important for the country's growth.

“Brazil is privileged in terms of natural resources and no other country has the diversity that we have. We need to take advantage of this diversity and GD is very important”, he commented. 

O director also recognized in his speech that the GD helped provide power For the country during the period of greatest water scarcity in history, at the end of 2021. 

“I have no doubt that GD has benefits and putting this into numbers is always very important so that we can have a better dimension of this benefit. The CNPE needs to speak out, as it is the one that has to issue the directive for ANEEL to regulate (Law 14,300)”, he said. 

Supervision of distributors

During the event, War commented on one of the points most questioned by participants: the possible lack of compliance with distributors of electrical energy with the articles already self-applicable by Law 14,300. 

The director promised that the Agency will analyze the situation and monitor any irregularities committed. “Let’s look at the numbers to see if the inspection is really being carried out correctly”, he commented. 

“I agree that the articles that are already in the law and that are self-applicable should already be being dealt with by the distributors and it seems to me that this did not happen based on what you are reporting. We will check this out,” he promised. 

Valuation of GD benefits

O ANEEL executive also said that the regulator intends to make clear for society to valuation of GD benefits and that one of the alternatives to do this it could be the creation of a platform with these indicators. 

“Perhaps, including in the Subsidiometer a counterpoint to what is already there, showing the benefits of GD. I think it is very interesting to create this element to correctly communicate the numbers and show transparency”, he pointed out.

Participant contributions

During the ANEEL meeting, the majority of participants defended the benefits of distributed generation and harshly criticized the conduct of ANEEL and electricity distributors.

Einar Tribuci, lawyer specializing in tax law and founding partner of Tribuci Lawyers, questioned the disclosure of subsidies that appear on Brazilians' energy bills related to DG.

"For us, it violates the principles that were opened at the public hearing. Principles of isonomy, transparency and balance, where we would only be advertising on the energy bill about distributed generation subsidies, but why don't we provide transparency for all subsidies?”, he commented.

In turn, Zelmute Marten, coordinator of the parliamentary front in defense of micro and minigeneration of the Legislative Assembly of Rio Grande do Sul, criticized a possible lack of omission by ANEEL in relation to a possible lack of oversight by the body for irregularities committed by distributors.

“We are facing organized sabotage on the part of energy distributors in relation to the development of distributed mini and microgeneration. What is happening is simply a scandal, because the conduct is guided by inattention and disrespect towards consumers,” he said. 

“Regrettably, ANEEL, which is a very important body in our country, is unable to take any measures within its constitutional oversight responsibilities”, he highlighted.

Already Barbara Rubim, vice president from GD of ABSOLATE (Brazilian Photovoltaic Solar Energy Association), pointed out that ANEEL recently released figures about GD which, according to it, do not match reality. 

In this case, the executive was referring to the Subsidiometer launched by ANEEL at the end of last month. “By 2031, GD will help reduce the electricity bill of all consumers by more than 5%”, he commented.

Guilherme Chrispim, president of ABGD (Brazilian Association of Distributed Generation) also highlighted that DG is the most democratic concept in the energy sector and that its access should not be restricted only to classes with greater purchasing power.

Picture of Henrique Hein
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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