Last Tuesday (7), the board of directors of ANEEL (National Electric Energy Agency), approved new rules on the tariff discount granted to energy generation projects.
This discount applies to grant or extension requests that have already been subject to TDPA (Terms of Declaration of Continuation of Authorization) or TDSA (Terms of Declaration of Suspension of Authorization)
The decision follows a recommendation from the TCU (Federal Audit Court), with the aim of ensuring that only generation projects with a capacity of up to 300 MW are eligible for the discount.
Consequently, this prevents ventures from being artificially fragmented into smaller parts to obtain this undue benefit.
The regulation was drawn up based on Public Consultation CP 13/2024, in which 110 contributions from 28 companies and institutions were received between May 22 and July 5, 2024.
A ANEEL stated that the new rules do not have retroactive effect, that is, they do not change acquired rights and that their objective is to ensure that tariff benefits are granted fairly and in accordance with the rules established by the TCU.
With the new resolution, anyone who has a TDPA grant request must formally submit a request to the agency to qualify for the discount, which will be analyzed by the Agency.
Pending TDSA requests must be updated with the necessary documentation to demonstrate interest in continuing with the grant request.
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