In March, the Greener Insight brought a step-by-step guide with the steps, deadlines and responsibilities on the part of distributors and accessors during the connection of the MMGD (distributed mini and microgeneration).
In view of the publication of the GD Legal Framework and subsequent regulation by the ANEEL (National Electric Energy Agency), doubts are arising about the deadlines and mainly about the freedom of distributors to reject certain parts of the process.
Next, still in relation to the network access procedure, the main questions asked by those who wish to connect their MMGD system to the distribution network will be addressed and what the Law and complementary regulations discuss.
The questions were answered by Greener in partnership with lawyer Luiza Melcop, specialized in the regulatory area of energy and infrastructure, and lawyer Lucas Pimentel, also a specialist in the energy area.
Can the distributor refuse to issue the connection quote? And in cases where the inversion of power flow in the distribution network is identified?
Answer: No. According to art. 18 of Law No. 14.300/2022, the distributor cannot deny MMGD centers access to the electricity grid.
In cases where the occurrence of power flow inversion is identified, the distributor must identify and offer solutions that eliminate the problem, and it is not possible to refuse to comply with the access request, as described in art. 73, §1º of the Normative Resolution (REN) ANEEL No. 1.000/2021.
Can the distributor reject the access request in cases where there is no prior connection from the consumer unit?
Answer: No. The distributor must process the access request and the request for connection of a new consumer unit at the same time and cumulatively, as determined by art. 2, §2 of Law No. 14.300/2022 and art. 64, §5 of the REN. ANEEL No. 1.000/2021.
Can the distributor reject the request due to the lack of presentation of the list of consumer units benefiting from shared generation?
Answer: No. The list of consumer units benefiting from shared generation is not included in the mandatory list of documents that must be presented by the interested party when filing the request, listed in art. 67 of the REN. ANEEL No. 1.000/2021.
Annex I – Microgeneration and Distributed Minigeneration Connection Quote Request Form, updated by Homologatory Resolution No. 3.171/2023, mentions that the presentation of the list of consumer units participating in the compensation system is optional.
Can the distributor reject the access request in cases where connection studies indicate that it is unfeasible to adopt the connection solution proposed by the access requester?
Answer: No. As stated in art. 68, section II of the REN. ANEEL No. 1.000/2021, the indication of a connection point by the consumer is optional, and connection studies may result in other solutions with a lower overall cost.
Therefore, it is not possible for the distributor to refuse to complete the studies and/or provide the connection budget in cases where its preliminary analyzes conclude that it is impossible to accept the access suggestion given by the user.
Is the distributor obliged to issue a connection quote for the medium voltage minigeneration plant?
Answer: No. As described in art. 73, §1º of the REN ANEEL No. 1.000/2021, if the new connection is not feasible at medium voltage, the Distributor must carry out studies to identify possible solutions, including connection at a higher voltage level.
What is the deadline for the Distributor to send the relational contracts — such as the Distribution System Use Agreement (CUSD), Regulated Energy Purchase Agreement (CCER) or Operating Agreement — for signature by the access requester? Can the Distributor make the sending of documents conditional on compliance with another phase of the access request?
Answer: The deadline for sending contracts related to the connection of the generating plant is 5 working days after approval of the connection budget, as described in art. 84 of the REN. ANEEL No. 1.000/2021. Under no circumstances may the distributor fail to observe the deadlines set for the delivery of contracts, nor may it condition such delivery on compliance with other phases of the access request.
What items must be included in the connection budget?
Answer: The items that must be included in the connection budget are listed in art. 69 of the REN ANEEL No. 1.000/2021.
Is the distributor obliged to send connection studies to the access requester?
Answer: Yes. The distributor is required to send the connection studies to the applicant, as provided for in art. 73, §2º of the REN. ANEEL No. 1.000/2021.
What happens in cases where the Distributor identifies an attempt to divide generating plants for the purposes of classifying them as micro and/or mini distributed generation?
Answer: According to art. 655-E, §2º of the REN ANEEL No. 1.000/2021, the Distributor must adopt the following measures:
When the finding occurs before the start of supply:
The distributor will deny membership in the Electric Energy Compensation System (SCEE) and cancel the connection budget and contracts.
When the finding occurs after the start of supply:
The distributor must take steps to faithfully characterize the generating plant, with a set of evidence that proves the irregular receipt of benefits associated with the SCEE. If such receipt is received, the Distributor must:
- Disregard the active energy injected by the generating plant into the SCEE and benefits received in billings from the finding, until the situation is regularized;
- Review the billing of unduly benefited consumer units, disregarding the active energy injected by the generating plant into the SCEE and benefits received during the period in which the irregularity was found.
Which projects need to meet the construction deadlines of Law No. 14.300/2022 to take advantage of the acquired right?
Answer: According to art. 26 of Law No. 14.300/2022, the following projects would be covered by the acquired right:
- DG enterprises existing on the date of publication of the Law;
- DG enterprises that had already requested access before the date of publication of the Law, respected the validity period of the connection budget. In these cases, there is no deadline for the start of energy injection as a condition for being included in the acquired right;
- DG projects that have requested access after the date of publication of the Law, provided that the following construction deadlines are met: 120 days for microgeneration, regardless of the source; 12 months for solar source minigeneration; 30 months for minigeneration from other sources.
According to art. 26, §3º of Law nº 14.300/2022, the deadlines are counted from the issuance of the connection budget. In addition, this division of classification of the projects was consolidated by art. 655-O of the REN ANEEL No. 1.000/2021.
Therefore, being aware of deadlines at each stage, in addition to understanding the Distributor's limits and the parties' responsibilities in relation to deliverables, is of fundamental importance for those who wish to invest in Distributed Generation systems and avoid possible delays and cancellations that have a financial impact. the projects.
In addition to the topics covered by the questions of those who wish to connect MMGD systems to the electricity distribution network, the complementary regulation by the ANEEL through REN nº 1.059/2023 details the rules related to the connection and billing of these systems.
Added to the article “Regulation of Law No. 14.300/2022 by ANEEL”, the new edition of the Analysis of the Legal Framework for Distributed Generation will discuss the entire regulatory framework and how it impacts investments in practice. Pre-register below and be notified when the report is released.
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