With the collaboration of Henrique Hein
In an exclusive interview to Canal Solar, the director of ANEEL Fernando Mosna, from the National Electric Energy Agency, stated that the results of Public Consultation No. 39/2023 – which deals with the regulation of energy storage in Brazil – should be published in February.
According to him, the Agency is awaiting the completion of a technical note in order to then prepare the vote and forward the matter to the board.
The announcement reignites the debate about the role of energy storage systems (ESS) in the Brazilian electricity sector, especially regarding grid usage tariffs, the regulatory inclusion of these assets, and the risk of creating barriers that could discourage investment.
"The expectation is that it will be published now, in February (technical note of..." ANEEL"Once published, we will have the chance to analyze the product of the technical analysis and prepare the vote and, if possible, aim to raise it no later than in March," Mosna stated.
Legal framework creates a "new fact" in the regulatory debate.
Public Consultation 39/2023 is considered central to consolidating energy storage within the regulatory framework of the electricity sector, especially after the enactment of Law No. 15.269, which formally recognized the figure of the energy storage provider in Brazilian legislation.
According to a MosnaThe new law constitutes a relevant "new fact," capable of reopening discussions already initiated within the Agency. This is because, according to the internal regulations of the ANEELThe existence of a new fact allows for the annulment of previously cast votes, including those of directors whose terms have already ended, provided there is a resolution from the board.
In this new scenario, directors who did not participate in the previous discussions, such as William and Gentil, should also be included in the debate when the dissenting opinion is brought before the board.
History of CP 39 and points under discussion.
The discussions that culminated in Public Consultation No. 39/2023 date back to 2020, with the Public Consultation No. 11/2020, followed by a Regulatory Impact Analysis (RIA) in 2022.
At the time, the ANEEL It sought to anticipate a legal gap, in a context where the regulation of distributed generation and storage was still under construction.
Among the main topics discussed throughout the process, the following stand out:
- Formalizing the role of the energy storage provider in the electricity sector;
- the possibility of stacking recipes;
- The definition of how storage systems should bear the costs of network usage;
- and the need to avoid regulatory barriers that compromise the entry and expansion of the technology.
Mosna emphasized that, although storage does not completely eliminate the intermittency of renewable sources, it can act as a relevant auxiliary instrument for the operation of the system, especially from the point of view of the ONS (National System Operator), contributing to mitigating technical challenges associated with the expansion of solar and wind power generation.
Double pricing is the most sensitive point in the debate.
One of the most sensitive issues in CP 39 is the possibility of adopting a dual pricing model for storage systems, especially BESS (Battery Energy Storage Systems), with charges both when the battery is charged and when energy is injected into the grid.
According to Mosna, this model represents a risk of creating regulatory barriers and could discourage the development of energy storage in the country. He points out that this approach contrasts with international experiences, such as that of the United Kingdom, where the regulator has determined that storage should only be taxed when it acts as a generator, that is, at the moment of injecting energy into the grid.
Internal disagreements and market expectations
The debate is not limited to ANEELThere are also disagreements within the Federal Government. The CGU (Comptroller General of the Union), for example, has interpreted the SAE as an Independent Producer (PI), an understanding that could justify the imposition of charges on both ends of the operation.
According to Mosna, this interpretation needs to be reviewed in light of the new legal framework, so that storage is not discouraged right at its initial stage of development in Brazil.
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