As reported by Canal Solar, consumers who intend to install photovoltaic systems in the distributed micro and minigeneration segment under current rules have around three months to progress your projects.
This is because, despite having come into force on January 7th of this year, the legislation provides for a transition period for projects requested within 12 months from the publication of the 14.300 Law.
The energy compensation rules, after the transition period imposed by the standard, will depend on the valuation to be established by the ANEEL (National Electric Energy Agency) based on the costs and benefits of DG (distributed generation), respecting the guidelines of CNPE (National Energy Policy Council).
However, both the deadline for the valuation study as much as deadline of the guidelines were not met by the respective entities.
GD valuation
Article 30 of Law 14.300 established 180 days, counted from the date of publication in the DOU (Official Gazette of the Union), for the ANEEL adapt its regulations. This deadline expired on August 7, 2022.
The Agency, on September 20th, the topic was discussed during the 35th Ordinary Public Meeting of the Board of Directors of 2022, but was removed from discussion by decision of the board.
On the occasion, the draft of Technical Note 041/2022 was presented, which deals with the rules applicable to distributed micro and minigeneration and the SCEE (Electric Energy Compensation System), matters currently regulated in Resolution 482/2012 and which are provided for in Law 14.300.
The document contains 99 pages and contains more than 300 items on various subjects related to the DG environment. These include the concept of dispatchable generation, forms of association for shared generation, connection requests, energy storage and the sale of access opinions.
CNPE Guidelines
According to § 2 of art. 17, of Law 14.300, the CNPE had six months, from the date of publication in the DOU (January 7, 2022), to establish the guidelines for calculating the costs and benefits of its own generation of renewable energy in Brazil. However, the deadline also expired on July 7th.
The fight continues: CNPE guidelines will dictate the game for ANEEL value the GD
On June 23rd, the MME (Ministry of Mines and Energy) even published the Public Consultation No. 129/2022, which collected contributions, until July 3, from society, associations and representative entities, companies and agents in the electricity sector.
The MME, following a request from industry associations, decided to extend it to July 15th. Suggestions were received, but so far, guidelines have not been defined.
Impact on the sector
For Guilherme Susteras, coordinator of ABSOLAR (Brazilian Association of Photovoltaic Solar Energy), in fact the deadlines were not met. Regarding the CNPE, it reported that they would even prefer to delay the publication of the guidelines rather than do something rushed, without adequately reflecting the aspects.
“The Ministry’s idea was to even carry out a very short public consultation, and we at ABSOLAR We acted decisively to tell them to listen to society, to give everyone time to contribute,” he reported.
“Therefore, we really prefer that the CNPE carefully considers all the contributions we send rather than doing something simple and poorly done, as this work will reflect on the future of the electricity sector”, he pointed out.
Relating to ANEEL, Susteras also discussed the impact of the deadline not being met. “Recently, they made public a technical note from the technical team with some reflections on regulation. We even met today with the director-rapporteur of the process who said that the idea is to open the public consultation later this year.”
“We reinforce that it is important for the Agency to publish these rules in 2022, because many of the distributors, who also had these same six months of ANEEL to implement such measures, they are waiting for the law to be regulated and, consequently, to move”, he said.
In the executive's view, this delay creates a certain insecurity in the market. “It is critical and, therefore, it is essential that ANEEL speed up the process correctly.”
“In practice, unfortunately, the only deadline that will be met is the end of the acquired right on January 6th of next year, the consumer will not have much of an escape”, he concluded.
Guilherme Chrispim, president of ABGD (Brazilian Association of Distributed Generation), also commented that the delay in positioning the ANEEL in relation to Law 14.300 and in the definition of CNPE guidelines, they have a major impact on the distributed generation sector.
“This segment is in a regulatory vacuum, in which distributors often make their interpretation of the law, or the lack of publication of the standard, as there are some allegations. However, this thought is wrong, as 14.300 has been valid since January 7, when it was published in the Official Gazette”, he explained.
“Today a meeting between the ANEEL and the sector associations to define what is still pending. The discussion is happening late, but it is happening”, concluded Chrispim.
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