EN 
PT_BR 
As reported by Solar Channel, 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 Law 14,300.
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 the deadline of the guidelines were not met by the respective entities.
GD valuation
Article 30 of Law 14,300 established 180 days, counting from the date of publication in the DOU (Official Federal Gazette), for ANEEL to adapt its regulations. This deadline expires 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 to value 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 Photovoltaic Solar Energy Association), the deadlines were in fact not met. Regarding the CNPE, he reported that they even prefer to delay the publication of the guidelines rather than do something accelerated, without adequately reflecting the aspects.
“The Ministry’s idea was to even carry out a very short public consultation, and we at ABSOLAR acted incisively to say that they listened to society, that they gave time for everyone 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.
Regarding 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 standards in 2022, because many of the distributors, who also had the same six months from ANEEL to implement such measures, are waiting for them to regulate the law and, consequently, 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 accelerates 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 ANEEL's position in relation to Law 14,300 and in defining the CNPE guidelines has 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 ANEEL and sector associations to define what is still pending. The discussion is happening late, but it is happening”, concluded Chrispim.
