A Federal Court of Rio de Janeiro granted injunction, last Thursday (19), so that the Enel Rio proceeds with REIDI application (Special Incentive Regime for Infrastructure Development) for a solar energy generation company for distributed mini-generation.
The decision argues that many entrepreneurs are frustrated because want to see their CAPEX reduced due to the REIDI benefit, but they are unable to access it due to obstacles imposed by the distributor Enel Rio.
A Enel Rio states that the request can only be filed after the ANEEL (National Electric Energy Agency) standardize the procedure derived from Ordinance 78/2024.
But the opinion states that the impediment is not valid., since Light, another distributor in the state of Rio de Janeiro, is already sending the forms defined by ANEEL for the granting of the benefit.
"At this time, there is no justification for the distributor's refusal. to follow legal procedures, with legal measures being applicable for the immediate continuation of the acts”, states the opinion.
"On a first moment, the appropriate measure is distribution of writ of mandamus against the act (or omission) of the Public Service concessionaire who denies the continuation of the administrative procedure”, it continues.
At a later time, and with the regularization of legal benefit, it is appropriate to analyze a possible claim for compensation to charge the distributor for the losses suffered due to the delay in the procedure, says Einar Tribuci, Tax and Energy lawyer.
Learn the REIDI step by step
REIDI was granted through art. 28 of Federal Law No. 14.300, which reduces the tax burden for the purchase of equipment that will be used for the implementation of generation assets.
The reduction is 1,65% PIS and 7,6% of COFINS, for the purchase of equipment and 0,65% PIS and 3% COFINS for services.
Despite the Federal law, it was only with the publication of Normative Ordinance No. 78 of the MME (Ministry of Mines and Energy), published on June 4, 2024, that the procedures for requesting classification of distributed mini-generation projects to REIDI were made available.
Within this context, ANEEL developed a standard form for completion by entrepreneurs and presentation to the electrical energy distributors.
Furthermore, the Agency established a deadline between the first and tenth day of the following month upon receipt of the order, so that the distributors can proceed with shipping to ANEEL of the data provided in Annex I of Circular Letter No. 10/2024-STD/ANEEL, of 22/08/2024.
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