ANEEL will open a public consultation to regulate MMGD

A ANEEL (National Electric Energy Agency) will open, this Friday (4), the Public Consultation No. 051/2022, which provides for the regulation of the new MMGD legal framework (distributed micro and mini generation). The Agency will also promote in-person public hearing on the topic, on December 8, in Brasília-DF.

The text proposed by the Agency changes the determinations regarding the MMGD in accordance with the provisions of Law No. 14.300 / 2022 and in art. 1st of Law No. 14.120/2021.

According to ANEEL, points of Normative Resolutions No. 956 and 1.000/2021 will be changed, which consolidated, respectively, the distribution procedures and energy supply rules.

Among the proposals for change in relation to Resolution No. 482/2012, those related to the SCEE (Electric Energy Compensation System) stand out - that is, the insertion, into the grid, of energy generated not consumed at the same time and subsequent use of an equivalent amount of electricity from the grid when micro or minigeneration is not sufficient to meet demand.

Law No. 14.300/2022 brought commands that differ from the standard ANEEL in force and need to be regulated. Among them are:

• Costing at CDE for the use of compensated energy: The SCEE in force allows consumers with distributed micro or minigeneration not to directly pay costs to use the electrical grid when they obtain back energy equivalent to that injected previously. These costs are shared among all consumers in the electricity tariff, as a subsidy. With Law No. 14.300, the CDE (Energy Development Account) now temporarily includes these costs levied on compensated electrical energy. Consumers in the regulated environment will pay for this cost at the CDE. This specific issue is the subject of Public Consultation No. 50/2022, open until 12/12/2022;
• Special rule for subscriptions until January 6, 2023: Any consumer with existing micro or mini generation or who requests connection to the distribution network by January 6, 2023 will be fully exempt from TUSD until 2045. During this period, the cost of these consumers will continue to be prorated in the consumer tariff, according to the location of the micro and mini generators and the concession area of ​​each distributor. ANEEL must regularly disclose the value of this implicit subsidy;
• Progressive reduction in TUSD costs: for consumers who request connection to the distribution network after January 6, 2023, Law No. 14.300 creates a transition period with a progressive reduction in the cost of TUSD, until the definitive rule on the subject comes into effect in 2029. From that date onwards, consumer units in the SCEE will be subject to the incidence of tariff components not associated with the cost of energy on the compensated quantity, minus the benefits to be valued by the CNPE (National Energy Policy Council) and the calculations made by ANEEL within 18 months after the publication of Law 14.300.

Law No. 14.300/2022 presents other provisions that depend on regulation by ANEEL to become effective. Among them are:

• Connection of distributed micro or minigeneration with storage systems: it is necessary to establish technical parameters of storage systems to ensure the functioning of the electrical grid and guarantee the functioning of the SCEE from renewable sources;
• Guarantee of faithful fulfillment: Law 14.300 imposes an obligation to present a guarantee prior to connection for generating plants above 500 kW. The feasibility of legal command requires the definition of criteria, modalities and conditions for the presentation of the guarantee;
• Compensation outside the permission area: a ANEEL must regulate how distribution concessionaires will compensate for surpluses generated in a consumer unit connected to a licensee;
• Transition period billing: It is necessary to define how it will occur in cases of compensation for generating plants that do not meet the conditions indicated in the law.

Public Consultation No. 051/2022 will be available for contributions between 4/11 and 19/12/2022. Interested parties should send contributions to the email cp051_2022@aneel.gov.br. Further information will be published on the website ANEEL, in the space of Public Consultation.