A draft published by ANEEL on Thursday (26) has been debated among professionals in the DG (distributed generation) market since its release. The document appears in Technical Note 002/2023 starting on page 58. Click here to access the PDF.
This draft, which aims to regulate the changes imposed by Law 14.300, proposes changes to the Normative Resolution No. 1000/2022 and also revokes Normative Resolutions 482/2012, 687/2015 and 786/2017, known to be related to distributed micro and mini generators (DG).
The document also revokes Resolution 517/2012, Order No. 720/2014 and Annexes 3.A, 3.B and 3.C of Annex III of Normative Resolution No. 956/2021, which deal with PRODIST.
And since then, the distributed micro and minigeneration market has been analyzing the documents released by the Agency. Among the points that draw attention, according to sources heard by the Canal Solar, it's TUSDg.
In this sense, the draft of the ANEEL proposes that microgeneration units classified in Group B start paying TUSDg. Currently, this charge is only made for Group A.
What drew even more attention is that this change would impact Low Voltage consumers who have already had their systems operating since before the Law.
This possibility raised by the draft ANEEL This concerns consumers who already have solar energy installed, since they did not consider this charge when implementing and structuring their microgeneration projects. If this proposal by the Agency is maintained, the question arises as to whether it could end up leading to legal action.
Another highlight is the deadline for entry into operation of a micro and minigeneration system versus the execution deadline for any works.
According to Law 14.300, whoever filed the project within the period of compensation rules prior to the Law, that is, before January 6th of this year, will have a deadline to start the operation and remain within the old rules (which are more attractive).
This deadline for entry into operation, counting from the date of issuance of the access opinion, is 120 days for distributed microgenerators, regardless of the source, 12 months for solar source minigenerators and 30 months for minigenerators from other sources.
It happens that there are cases in which the distributor informs that there is a need for work on the electrical grid so that generation connection is possible. And, according to reports from professionals in the sector, this period has been longer than the period that the consumer unit has to start its operation (as described in the previous paragraph).
In other words, the consumer would have their project come into operation after the deadline that guarantees it in the rules prior to the entry of Law 14.300. The fear that arises is whether the acquired right will be lost.
O Canal Solar is following the debates on the topic and will bring more analyses on the topic soon.
Next Steps
The document released by the Agency is a draft, which means that in order to become official and become the new normative resolution for micro and mini distributed generation, it needs to be discussed and approved by the ANEEL.
Comments (4)
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Good afternoon,
I am very concerned to know that there is a possibility of ANEEL change Law 14.300, harming the DG sector in the country.
In fact, they are making new installations unviable. They could at least save generators below 75 Kwp and only charge those who earn money from the solar project!
Here in Cabo Frio it has been charged for a long time. And worse, they charge for minimum availability (50 kWh) and the recorded amount of use. Duplicity of billing. I've complained numerous times but nothing. They transfer responsibility to the State Treasury and nothing. In the beginning, only the amount and TE and TUSD of minimum availability were charged.
We are all waiting for good news, as it is just a minute (we have a light at the end of the tunnel) however, we are tied to the authorities' interpretation. What we want is the generation of jobs and income, savings in consumers' pockets and growth in the generation of clean energy, linked to the operational security of the electrical system. Reality: Solar generation is here to stay, there is no going back, we need everyone's support in this new stage. Márcio Martins Corrêa from MMC Solar de Gravatal SC.