A ANEEL (National Electric Energy Agency) manifested, this Thursday (18), before the TCU (Federal Audit Court) on a possible existence of irregularities in the marketing of credits of energy within the DG market (distributed generation).
Through a letter, the Agency recognized the legality of shared generation (provided for in Law 14.300 / 2022) and recommended that the TCU discontinue investigations, highlighting that the denunciations submitted do not have enough elements that prove the existence of illegal acts.
“A ANEEL, basically, showed the TCU that the necessary elements were not presented to actually prove that there is commercialization in distributed generation and highlighted that the simple fact that a company offers a subscription service or a discount on the electricity bill characterizes, in itself, commercialization”, explains Thiago Bao Ribeiro, lawyer specializing in GD and CEO of Bao Ribeiro Advogados.
A ANEEL also stressed that it is attentive to these issues, even though it is not the competent body to carry out the inspections, but rather the distributors.
According to the Agency, even if there are isolated cases of abnormalities in this process, the same would just be fruit a minority of market professionals.
Finally, the entity highlighted that, if the TCU chooses to continue with the investigations, it should at least allow a period of 90 days for an inspection plan to be drawn up and that such investigations will only begin in 2025.
From now on, it is up to the TCU to decide what the next steps will be that should be taken in relation to the topic. In other words, whether the investigations should continue or whether they can now be closed.
Understand the controversy
In March of this year, the TCU ordered the opening of an investigation to curb alleged evidence of illegal credit sales of electrical energy within the scope of distributed generation.
The analysis pointed to possible irregularities in the subscription solar energy model, practiced even by large groups in the electricity sector, with a consequent increase in costs for the millions of captive consumers who do not benefit from this service.
Because of this, the federal body published an order, signed by minister Antonio Anastasia, determining that the ANEEL (National Electric Energy Agency) was heard on the matter.
Before being analyzed by the ANEEL, TCU's vision was refuted by entitiesLike ABSOLAR (Brazilian Photovoltaic Solar Energy Association) and the ABGD (Brazilian Association of Distributed Generation), who defended the legality of the model.
The entities state that shared generation is essential for the democratization of access to clean sources, especially solar energy, for all Brazilian consumers and pointed out that any illegal practices, if any, are the result of a minority of market professionals.
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