A Solar Alliance requested to Confea (Federal Council of Engineering and Agronomy) that is instructed to all CREAs (Regional Engineering Councils) that the documents of project rejection under the allegation of flow reversal issued by the energy distributors have the ART (Technical Responsibility Note) and identification of the technical manager who analyzed the project submitted to the company.
“It is reasonable that the Confea come and instruct all Regional Engineering Councils of all Brazilian states so that all studies of distributed generation come accompanied by ART and the due name of technical engineer of distributors in cases of alleged cases of flow reversal”, stated the document to which the Canal Solar had access.
According to Solar Alliance, integrated by RING (National Clean Energy Institute) and by MSL Association (Free Solar Movement), the request is a answer to the difficulties faced by professionals who carry out projects de GD (distributed generation) and consumers looking for generate your own energy.
The document further highlighted that, although the Law 14.300 / 2022 has guaranteed the right of consumers to generate your own energy, One subsequent regulatory standard restricted this right.
“Since the inclusion of §1º in art. 73 by REN 1.059/2023, alleged problems arose with the “power flow reversal”, which until then did not exist”, says the Solar Alliance”, the document stated.
“Furthermore, the art. 73, §1, of REN 1.000/ANEEL is not complied with, since it determines that the distributor carry out studies to identify viable options to eliminate the flow reversal of power. In this sense, the imposition of generate energy solar only in the evening cannot be considered a viable solution, but rather a negative disguised as a connection,” added the Solar Alliance.
A Solar Alliance He also stressed that “as also pointed out by ONS, electrical system offers total flexibility to adjust the power flow between the various nodes of the network, as provided for in art. 73, §1, items I and II, of REN 1.000/ANEEL".
However, according to the document signed by the Solar Alliance, there is a lack of action on the part of distributors, who would be prioritizing their market position to the detriment of the consumer's right to generate your own energy.
The request also cited the recent Order No. 3.438 da ANEEL (National Electric Energy Agency) which establishes rules to avoid regulatory abuses on the part of energy distributors.
“According to this officeThe Energy Distributors are prohibited from issuing decisions that contain errors, abuses or regulatory irregularities. Furthermore, the following are also prohibited: cancelamento and invalidation, on the part of distributor, from connection budget after its delivery to the table, unless such actions meet the conditions previously established in paragraphs 7 and 8 of article 83, as well as in paragraph 2 of article 655-E of the Normative Resolution No. 1.000, of 2021”, the document stated.
In an interview with Canal Solar, Marina Meyer Falcao, president of OAB/MG Energy Law Commission, commented that the request filed with CONFEA, initially, was filed by the CREA-MG.
Marina states that this action began to require that everyone viability study — especially cases with flow reversal — come accompanied by ART do responsible engineer, so that it is possible to evaluate the veracity of the study (as stated in the document).
“I was invited, along with the director of Distributed Generation Chamber of CREA-MG, to carry out a action aimed at treating abuse in sending connection quotes from CEMIG (Minas Gerais Energy Company), which presented different flow reversalsas the 5 kW, 10 kW and other smaller ones”, he commented.
Marina quotes the Bill 624, proposed by Lafayette de Andrada, which seeks to correct this issue. “We filed with the CREA-MG and we also prepared a video for submission. I carried out this action in partnership with congressperson and com Marcos Gervasio, president of CREA-MG, and we took this initiative to CONFEA", said.
Next Steps
Marina stated that the next step will be a meeting with the president of the entity, scheduled by Solar Alliance. Will participate in the meeting Heber Galarce, president of INEL, Hewerton Martins, president of MSL and the very Marina. The meeting was scheduled for November.
In an interview with Canal Solar, Hewerton Martins, president of the Association MSL, also commented that the next steps are to activate all the complaints to Consumer Protection so that Concessionaires explain why they are not complying with the Federal Law 14.300 and so that the applicable instances demand transparency in regulation.
“A ANEEL, with its flaws, also owes explanations for not complying with the legislation e current regulations, resulting in a non-transparent and unfair process".
Martins too comments that, “in this scenario, economic groups monopolize the sector, leaving consumers and customers hostages of contractual configurations with high tariffs, and block the consumer’s right to generate clean and cheap energy.”
“It is worth remembering that the table is paying the yarn cost. There was a breach of the agreement signed by representative entity of distributors, Abradee (Brazilian Association of Electric Energy Distributors) to ANEEL, in the agreement signed with the National Congress, and with the representatives of solar sector”, He highlighted.
"The cost is being paid for by table. That was a real battle for the sector, who never has peace to be develop e work. Now, with the network access being blocked, even though it is paid for by the consumer, the situation seems inconsistent. That just doesn't make sense,” he added.
“We will take all complaints ao Federal Public Ministry with documents that are coming here to us. These documents will also be released in the commissions, as it is essential to ensure transparency and provide visibility on the risk of burying a sector, thousands of jobs and shelving the consumer protection code”, reported Martins.
He also commented that the federal deputy and President of FREPEL, Lafayette Andrada, revealed the CEMIG SIM's articles of association at the CME (Mines and Energy Commission) public hearing on 29/10/24.
On that occasion, the parliamentarian showed that the company appears as the majority mandate, without participation or assistance from other partners. “In other words, the CEMIG holds the control of the company CEMIG SIM and the network by CEMIG distribution, which raises doubts about the lack of democracia in this model,” he said.
Reclame Solar
On the last Wednesday (30), the Solar Advertising project, in alignment with the federal deputy Celso Russomanno, vice president of CDC (Consumer Protection Commission). Click here to access the website.
According to Martins, all the denunciations received through the website will be sent directly to CDC and email from deputy Russomanno.
“We advise people to send the denunciations in an organized manner and, if possible, accessing the Reclame Solar service on the website www.movimentosolarlivre.com.br complaints are automatically forwarded to Commission”, advised Martins.
"Like volume of complaints, congressperson will search invite concessionaires of public energy distribution services and others involved to provide due clarifications. They alignment has already been formalized in direct conversation with the Congressman”, He completed.
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