Sector presses for the processing of PL 2703 after regulation of 14.300

A regulation of 14.300 Law, unanimously approved by the board of directors of ANEEL (National Electric Energy Agency) last Tuesday (07), was not well received by the main solar energy sector associations.

Backstage, entities , the ABSOLAR (Brazilian Association of Photovoltaic Solar Energy) and MSL (Free Solar Movement Association) already intensified os work so that the PL 2703 get voted in the Senate as soon as possible.

As entities will also seek to adapt the wording to close “any gaps” that ANEEL would have used it to “legislate in disregard of Law 14.300”, as he stated Hewerton Martins, president and founder of MSL.

In his assessment, the Agency has sought alignment and bureaucratic contortions to justify in its standards criteria not discussed with society, such as a possible penalty for consumers who seek to generate their own energy.  

On the other hand, he claimed that the Agency itself would not be looking into the issue of subsidies used by large economic groups, such as the CCC (Fuel Consumption Account). 

In its turn, Rodrigo SauaiaCEO of ABSOLAR. highlighted that the collegiate of ANEEL, despite having “adequately addressed” the charging of duplicate fees on small consumers who generate their own energy, it did not clarify points involving the charging of demand at low voltage and optant B.

“A ABSOLAR will work with the National Congress to resolve these issues and adjust the text of the law, bringing more legal certainty, transparency, predictability, stability and balance to the application of the legislation”, he stated. 

“We will work to ensure that the benefits of the modality are valued and included in the guidelines to be made official by the CNPE (Energy Policy Council) through a resolution”, added Sauaia.

Read also

• ANEEL approves regulation of Law 14.300 unanimously;

• Law 14.300: what changed with TUSDg?;

• Senate goes into recess and PL 2703/22 is not voted on.

During dialogues with the directors of the regulatory body, the ABSOLAR stated that he also warned about the importance of the role of ANEEL in the supervision of distributors in relation to compliance with deadlines and obligations provided for in Law 14.300.

Additionally, the association highlighted having reinforced the need for the CNPE and ANEEL speed up the work of calculating the benefits of DG (distributed generation). 

Other reviews

Beyond ABSOLAR and MSL, other entities in the sector also criticized and questioned the directors of ANEEL after the approval of the regulation of Law 14.300.

To Lucas Pimentel, secretary of regulatory affairs at INEL (National Institute of Clean Energy), the vote displeased the entire DG sector.

“Without presenting any new facts, the Agency went beyond the limits of its activities to reopen the discussion of public policy in the distributed generation sector, a topic already pacified after intense discussion with the participation of entities in the sector and which was endorsed by the National Congress, after the ordeal of Law 14.300 in both Houses”, he stated.

Yes, Carlos Evangelista, president of the Board of ABGD (Brazilian Association of Distributed Generation), stressed that the regulation, as it was presented during the meeting of ANEEL, introduces “the binomial tariff for low voltage consumers, which makes no sense at all, as it harms precisely the smallest and most vulnerable”, he commented.

“This is not foreseen in the text and goes directly against the spirit of Law 14.300, which was widely debated in Congress and, now, the regulatory body has changed for the worse. ABGD will work at all levels to reverse this decision,” she highlighted.

PL 2703 / 22

The Bill provides for the extension of the deadline for entry of the new energy compensation rules defined in the 14.300 Law, giving the opportunity for consumers who forward their access opinions to the distributor to remain within the old rules.

The proposal was approved in December last year in the Chamber of Deputies, but was not voted on by senators due to lack of skills due to the approaching recess period for parliamentarians, who returned to work at the beginning of this month.