EN 
PT_BR 
According to information published on the MPF website – Federal Public Ministry, the agency delivered to the National Electric Energy Agency (ANEEL) last Tuesday (11/26/2019) a recommendation that argues for a possible change in the regulatory framework for distributed generation ( GD) of energy is implemented in a gradual and participatory manner, guaranteeing legal security for producers and consumers in this market.
Regulated in 2012, DG is present in 70% of Brazilian municipalities and allows consumers to generate their own electrical energy. Most of the DG in use today in the country is carried out using photovoltaic solar energy systems, a sector that is threatened by the changes proposed by ANEEL.
The document was prepared by the Chamber of Consumer and Economic Order of the MPF (3CCR), which warns of the insecurity in the market created by the possibility of a significant change in the regulatory framework. The review of the rules applicable to micro and mini energy generation is the subject of a public consultation promoted by the regulatory agency until December 30th.
According to ANEEL Resolution 482/2012, the use of any renewable source for DG is permitted, in addition to qualified cogeneration, with distributed microgeneration being called a generating plant with installed power up to 75 kilowatts (kW), and distributed minigeneration being that with power above of 75 kW and less than or equal to 5 MW, connected to the distribution network through consumer units.
Under the current rule, when compensation for injected energy is made at low voltage, consumers who have DG no longer pay all components of the supply tariff on the portion of energy consumed. By changing the resolution, the injected energy compensation can reach a proportion in which only 37% of the energy will be compensated.
In the recommendation, 3CCR highlights that the development of the distributed generation sector does not rely on any government subsidies, growing spontaneously. For the body, “the proposed new regulations will significantly slow down the expansion of this market, bringing insecurity and harm to companies and consumers who have already invested in this alternative”.
The Chamber document also points out that there is a growing workforce employed in photovoltaic generation, with around 100 thousand workers. These jobs “arose in the face of the model currently in force, whose regulatory framework allowed the beginning of consistent and modest growth”, highlights an excerpt from the recommendation.
In order to guarantee regulatory stability, the MPF suggests, among other measures, that ANEEL makes, as soon as possible, public communication in order to guarantee the preservation of the rules in force for consumers who already have distributed generation or will access it. until the new regulations are issued. It also recommends that the agency evaluate the maintenance of current rules until the energy generated distributedly reaches at least 5% of all energy produced in the country.
Public consultation – In October this year, the MPF opened an administrative procedure to examine the regularity of the public consultation carried out by ANEEL on the topic, which began on October 15th and is scheduled to end on December 30th, after an extension carried out this week. The decision to open the procedure was taken to verify whether there was an offense against the values set out in the Constitution, such as freedom of initiative.
The 3CCR recommendation suggests, among several measures, that the convenience of formulating a new public consultation be analyzed, with a more comprehensive distributional generation regulatory method and a validity period of more than 180 days, in addition to holding public hearings throughout Brazil.
Source: Federal Public Ministry
