Entities comment on the TCU’s action and defend the legality of shared generation

Solar energy sector reacts to the federal agency's suspicion of possible illegal sales of credits in the DG segment
4 minute(s) of reading
Entidades comentam ação do TCU e defendem legalidade da geração compartilhada
Subscription solar energy is in the TCU’s sights. Photo: Government of Paraná/Reproduction

O solar energy sector reacted to the TCU’s decision (Federal Audit Court) to determine the opening an investigation about supposed signs of illegal credit trading of electrical energy in the GD segment (distributed generation).

A TCU analysis points to possible irregularities in the business model of “energy by subscription”, 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.

At the March 13th this year, O federal body published an order, signed by minister Antonio Anastasia, determining that the ANEEL (National Electric Energy Agency) be heard about the subject. 

https://canalsolar.com.br/assinatura-energia-geracao-compartilhada-tcu/

This view was refuted this week by ABSOLATE (Brazilian Photovoltaic Solar Energy Association) It is for the ABGD (Brazilian Association of Distributed Generation), which 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.

“The shared generation model allows, for example, access to clean and sustainable energy for consumers who do not have available roofs and who do not have their own resources to invest in the property, in addition to guaranteeing access for homes and companies with rented properties”, highlighted, for example, ABSOLAR.

To the associations also pointed out that access of the population This model allows with what else consumers participate in the energy transition process in Brazil and pointed out that possible illegal practices, if any, are the result of a minority of market professionals. 

According to the entities, the improper practices cannot be used as justification for trying to restrict the possibility of Brazilian consumer to access clean energy and which brings relief to your electricity bill, especially at the current time of efforts to combat global warming.  

Document sent to CME

Who also spoke about the matter was the lawyer Marina Meyer Falcao, president of OAB Energy Commission (Brazilian Bar Association) of Minas Gerais and regulatory secretary of the INEL (National Institute of Clean Energy), with the sending a document to the CME (Mines and Energy Committee) of the Chamber of Deputies.

O document counter-argues points of the TCU decision, based on regulatory analyzes of Law 14,300/2022, which regulated the distributed micro and minigeneration sector in the country.

The main point defended is that there is no obstacle in the legislation for the charge for participation in shared generation to correspond to an apportionment of the costs related to the distributed micro and mini generation plant.

“Such conduct would inevitably compromise the legal security of the distributed generation sector, would discourage significant investments in this segment and would conflict with various statements, not only from ANEEL's board of directors, but also from its Attorney's Office and technical areas, as well as with the concepts established by Law 14,300/2022”. 

Check the document sent to CME, in full, by clicking here.


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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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