Self-production through asset leasing will be the focus of legal modeling at Mercado Livre

With the opening of the ACL (Free Contracting Environment), sector agents begin to develop and explore new business models, with the aim of obtaining gains and efficiencies in electricity consumption and/or generation.

One of the categories that has been talked about a lot in recent months is the self-production of electrical energy through asset leasing, which will be the focus of the next legal modeling in the Mercado Livre. This is the analysis of lawyer Lucas Pimentel, a specialist in the energy field.

In comparison to other models, the lawyer highlighted that this arrangement guarantees more benefits in relation to applicable charges and opens up the possibility of non-incidence of the ICMS in the operation (understanding that may vary depending on the interpretation of the Treasury Entity and the location of the generation asset next to or separate from the load).

“As part of the expansion of the ACL, these and other alternative sets to traditional commercialization should gain strength in the coming years. Therefore, consumers and investors must be alert to opportunities, without losing sight of the necessary conditions to provide legal, regulatory and tax security to their ventures and investments”, highlighted Pimentel.

Furthermore, he explained that, through asset leasing, the free or special consumer will be the holder before the ANEEL (National Electric Energy Agency) to grant authorization, as a self-producer, to operate the leased generation project.

“All electricity generated will be counted, at the CCEE (Electric Energy Trading Chamber), as energy self-produced by the consumer, bringing a series of benefits and reduced charges and taxes”, he added.

“In turn, the generation project is designed, built and installed by an investor/designer, who will also be responsible for its operation and performance, protecting the consumer from constructive, design or operational risks”, pointed out the expert .

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Another point highlighted by Lucas Pimentel is that the leasing of generation assets, in Mercado Livre, may still be classified as a “built to suit”, provided for in the Tenancy Law, due to the construction of the asset specifically for rent to free or special consumers.

“With this framework, the investor will have more legal security in relation to a possible abrupt contractual termination, guaranteeing a return on their investment”, he said.

“In other words, in self-production through the leasing of assets, the free or special consumer will not need to invest capital to build the asset, paying only an amount for renting them and for the provision of operation and maintenance services, which, in financial modeling of the model, it will be cheaper than its current cost of purchasing electricity from the ACL”, stated the lawyer.

Example

To better illustrate what this modality is, Pimentel cited the case of the lease of the Araucária Thermoelectric Plant, located in the state of Paraná. “It is worth noting that this arrangement is not new. On the contrary, it is known for ANEEL for years. As a good example, we have the Araucária TPP, with 484.150 kW of installed power”.

“A ANEEL not only approved the exploration of the Araucária UTE by Petro"Bras through the leasing of assets, and also established the deadline for exploitation, linked to the term of the lease agreement, thus guaranteeing the return of possession of the enterprise to its original owner after this period," he commented.

In this sense, he believes that the self-production of electricity through the leasing of generation assets will become a trend, in the coming years, also in the Free Market. “This arrangement enables a more intelligent and economically efficient format for free and special consumers to obtain greater autonomy and savings in their electricity costs”, he concluded.