PL that aims to correct possible loopholes in Law 14,300 is filed

Document foresees changes to six provisions of the legislation that established the GD Legal Framework in Brazil 
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PL que visa corrigir brechas da Lei 14.300 é protocolado em Brasília (DF)
PL 1292/2023 was filed on Tuesday (21). Photo: Disclosure/National Congress

O federal deputy Lafayette de Andrada (Republicans/MG) filed, this Tuesday (21), in Brasília (DF), a bill what you want change devices Law 14,300, which established the Legal Framework for DG (distributed generation) in Brazil.

O project filed by the parliamentarian – classified as PL 1292/2023 – had the assistance from entities and associations linked to the solar energy sector. O text aims to close any loopholes left by ANEEL (National Electric Energy Agency) after the publication of the Normative Resolution No. 1,059/2023. 

On that occasion, the document approved by the Agency amended Normative Resolution No. 1000/2021, in the points related to the rules for the connection and billing of DG plants in electrical energy distribution systems, as well as the rules of the SCEE (System of Electrical Energy Compensation) in electrical energy distribution systems.

“This PL is the result of the continued work of entities (in the solar sector) to contest Resolution No. 1059, which is unbalanced and needs to be better discussed,” said Guilherme Chrispim, president of ABGD (Brazilian Association of Distributed Generation).

“This instrument, in addition to bringing legal certainty in the wording of the provisions, maintains the spirit of the Distributed Generation Law”, added Marina Mayer, legal director of INEL (National Institute of Clean Energy).

For Hewerton Martins, president of MSL (Movimento Solar Livre), ANEEL would have interpreted Law 14,300 in a distorted way and created a regulation that goes against the spirit of the legislation, which aims to provide legal certainty to consumers and entrepreneurs in the sector. “In our point of view, the Agency has the function of regulating the law, but it went ahead and decided to legislate, defying Congress’ decision,” he said.

“Bill 1292/2023 filed aims to close any possibilities of misinterpretations by Aneel, bringing back the premises widely debated in Congress. It is worth highlighting that distributed solar energy is the most democratic way of distributing income, jobs, reducing the costs of large distribution networks and saving on electricity bills from north to south”, said Martins.

“We are now mobilized throughout Brazil to contact the federal deputies of each state to collect signatures for the urgent request so that the project can be processed quickly in Congress”, concluded the MSL executive. 

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Altogether, the PL 1292/2023 provides for changes to six points of Law 14,300:

Art.2 Rejection of Projects, now the concessionaire cannot reject projects with defects that can be remedied, it must notify the pending issues that need to be remedied.

Art. 3 Option B: projects before January 7, 2023 remain as they were before the law. New projects in the payload can send and receive credits. Beneficiaries can be optant B.

Art. 4 It is possible to reallocate credits and surpluses.

Art. 5 Clarifies the charge for availability cost.

Article 6 Removes TUSDg from microgeneration and B Optants.

Article 7 Removes TUSDg from microgeneration and suspends the deadlines for the opinion while there are outstanding issues, delays and issues with the distributor.

Check out the full document by clicking here.

Picture of Henrique Hein
Henry Hein
He worked at Correio Popular and Rádio Trianon. He has experience in podcast production, radio programs, interviews and reporting. Has been following the solar sector since 2020.

One Response

  1. RGE Sul still charges in DUPLICITY and does not credit the surplus correctly until today, even though it has been clear in the Law since 2022. It is not known how the LIABILITIES it has since the implementation of the law will be RETURNED.
    I believe that other operators are also doing the same thing but no one gives RELEVANCE to this situation which for me is VERY SERIOUS!!!

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