EN 
PT_BR 
Recently, CPFL released a statement to its customers stating that “the Technical Responsibility Note (ART) or Technical Responsibility Term (TRT) of project preparation and project execution will not be necessary for project requests and inspection of distributed microgeneration“.
According to the company, this decision considered the ANEEL Normative Resolution No. 1,000/2021, published in December last year by ANEEL (National Electric Energy Agency), and new provisions of Module 3 of the PRODIST (Electricity Distribution Procedures in the National Electric System).
Remembering that the Resolution 1,000 establishes the Rules for the Provision of the Public Electricity Distribution Service and came into force on January 3, 2022, revoking the Normative Resolution No. 414/2010 and other previous resolutions on the topic.
Another significant point is that PRODIST was updated by ANEEL Normative Resolution No. 956/2021, which came into force on January 1, 2022 and revoked previous resolutions on the topic.
It is important to highlight that PRODIST regulates and standardizes technical activities related to the operation and performance of electrical energy distribution systems. It is composed of 11 modules, with the Module 3 deals with Connection to the Electricity Distribution System.
For the solar energy sector, within this module the “Section 3.1 – Requirements for Microgeneration and Distributed Minigeneration Connection“, which was updated by Resolution 956/2021.
In this section, ANEEL informs that:
In these forms, the obligation to present the ART in the Access Request Form for microgeneration and distributed minigeneration (contained in Annexes 3.A, 3.B and 3.C of this Module 3, according to installed generation power) was excluded.
Furthermore, PRODIST informs that it is not up to the distributor to “request additional documents to those indicated in the Forms”.
But after all, do you need to present ART for distributed generation systems or not?
For the engineer Sergio Roberto Santos, specialist in low and medium voltage electrical installations, the non-obligation to present an ART for the initial stage of a project or execution of a solar energy minigeneration system with an energy concessionaire is, to say the least, worrying.
“The existence of ART is not a simple bureaucratic procedure, but rather the formalization of something very important when we talk about engineering and relationships between professionals, customers and energy concessionaires”, he highlighted.
He also emphasizes that issuing the ART is extremely quick, simple and objective. Santos also emphasizes that the document clearly establishes who the responsible for an engineering service, which in the case of a photovoltaic system, even with low installed power, can cause fires or electric shocks.
“As ART will always be necessary, regardless of the concessionaire’s requirements, it should be present at all stages of the process, as this process must always be accompanied by a responsible technician”, added Santos
“In my opinion, an ART is always necessary in any engineering service, as is the service in question. ART is the most practical, easy and safe way to document who is technically responsible for a service, project and installation, and at the initial stage of the process with the energy concessionaire, this responsibility should be very well defined”, he concluded.
O Solar Channel sought the position of the Engineering and Agronomy Council and was informed that the Crea-SP (Regional Council of Engineering and Agronomy of the State of São Paulo) 'is aware of the changes made by ANEEL in its Normative Resolution number 1,000/2021, on the Electricity Distribution Procedures in the National Electric System, and clarifies that it has acted for through its Presidency, CEEE (Specialized Chamber of Electrical Engineering) and SUPFIS (Inspection Superintendency) to notify ANEEL and the distribution concessionaires about the mandatory Technical Responsibility Note, as provided for in federal legislation (Law No. 6,496/1977)'.
ABGD (Brazilian Association of Distributed Generation) also expressed concern about the non-mandatory nature of presenting the ART. “ABGD understands that distributed generation needs to have clear, simple and easy-to-understand rules, but it also believes that all professionals in the sector must ensure the quality of services and the safety of professionals and facilities”, he commented Joaquim Rolim, technical director of ABGD.
“As stated on the website of the CONFEA, the need and importance of ARTs are defined there. ABGD is evaluating what is contained in ANEEL Resolution 956/2021, and will comment as quickly as possible on the matter”, he concluded.
When asked about the communication sent to its customers, the CPFL Energia clarified that it follows the standards determined by the National Electric Energy Agency. “In this way, the group’s distributors cannot request additional documents to those indicated in the Access Request Forms, as approved by Normative Resolution No. 956/2021”, he informed in a note.
10 Responses
Good morning, if you don't need ART AND TRT, does this mean that anyone can apply to the dealerships?
And where is the question of responsibility?
I think it is extremely important not only for the São Paulo council to speak out, but for all the CREAs in the Federation to speak out. Services involving qualified and qualified professionals need to be supervised, documents and most importantly, have someone responsible for the work. The trivialization in the execution of technical services has brought to our reality many works carried out at high costs, poor quality and devaluation of the professional. Councils need to pay attention to these issues and not just focus on inspecting regular professionals. It will be a bad precedent and jurisprudence for other issues.
All installations that I know have construction rules and standards, whether NBR or from the concessionaire, which must be met, this does not mean that an engineer has to comply with this compliance, all installations have an owner who can perfectly take responsibility.
The non-requirement of ART by concessionaires does not release the engineers responsible for projects and installations from the obligation to issue the ART. This obligation is defined by professional councils (CREA for example) which are also responsible for supervision. What can happen without the demands of concessionaires is certainly the loss of quality in the provision of these services.
CREA needs to take a firm stance. It's time to support engineers a little more
But the first document required is the “Professional Certificate”, which is very general and can be disseminated without authorization from the professional. Without ART, the specificity of the project is not characterized in addition to the responsibilities, what do they look like???
ANEEL finally managed to harm the photovoltaic sector, by failing to stop the sector's growth with the review of resolution 687/2015, which amended 482/2012, which became law in 2022. In the eyes of those who do not care about the safety of electrical installations ANEEL is contributing and encouraging the growth of the sector, but don't be fooled, we are already seeing several reports of facilities catching fire and inspections being carried out, proving the terrible quality that haunts the sector when installing systems.
Now let's reflect: if with the requirement of monitoring a qualified professional the market is already “turbulent”, imagine these professionals being dispensable!
There are already recurring poorly designed and poorly executed installations even with ART requirements, imagine what could happen without ART. From what we see happening out there, the right thing to do would be to further reinforce the ART requirement, including charging the ART for the structure on which the photovoltaic modules will be installed. Customers need technical and legal security, and quality companies are grateful.
I think it's risky and dangerous, as this is a very responsible service!
Despite understanding that it is poorly written, there is a misinterpretation of the regulations, they do not ask for the annotation but for information from the RT of the project and installation, as engineers, electrical technicians and architects are legally qualified to do so. As required by CREA, CFT and CAU, any professional activity requires the technical responsibility of the person responsible to be noted, and these councils are responsible for supervising the issuance of these documents.