EN 
PT_BR 
ANEEL (National Electric Energy Agency) has 90 days to present an action plan to resolve the SCEE (electricity compensation system) contained in the agency's REN 482 (Normative Resolution No. 482/2012). The deadline established by the TCU (Federal Audit Court) began to run from the date of publication, on November 18th.
In the publication, Benjamamin Zymler, TCU minister and reviewer of the document, highlights that the stipulated deadline is for the presentation of an action plan and not exactly for the end of the process.
“I agree with the considerations brought up in the rapporteur's vote (minister Ana Arraes), but I thought it opportune that the TCU, instead of ordering the regulatory agency to, within ninety days, adopt measures to remove the tariff differentiation provided for in Resolution 482/2012, requested, within that period, that ANEEL present an action plan containing the actions to be taken, those responsible for the actions and the implementation and transition deadlines. This is because the regulatory change requires public consultations, internal debates, incorporation of suggestions from society, among other procedures”.
Zymler also emphasized the need to provide transition deadlines, providing consumers who have joined DG (distributed generation) with the necessary legal certainty in relation to the investments they have already made.
Furthermore, Vital do Rêgo, minister of the TCU and also a reviewer, recommended that the Ministry of Mines and Energy create public policies to replace the electricity compensation system, currently provided for in REN 482, which must be submitted for evaluation by the National Congress .
The publication was received with surprise by the sector, not exactly due to the deadline established for the presentation of the REN 482 update plan by ANEEL, but mainly due to the fact that the document contains several narratives that there is cross-subsidization in GD.
“The analyzes carried out by the TCU did not take into account the contributions of the sector, the benefits of distributed generation and the efforts that have been made by various agents to arrive at a regulatory review that actually maintains the viability of DG, recognizes its positive attributes and is good for society in general”, said lawyer Bárbara Rubim, vice-president of Distributed Generation at ABSOLAR (Brazilian Photovoltaic Solar Energy Association) in a video.
Following the TCU's decision, ABSOLAR established a crisis committee that is working with experts to analyze the TCU's decision in detail and to prepare the appropriate administrative and judicial measures in defense of distributed generation.
Carlos Evangelista, president of ABGD (Brazilian Association of Distributed Generation), highlights the pre-disposition of maintaining acquired rights. “This measure is in line with everything that is happening. ABGD is having weekly meetings, every Friday, with ANEEL to discuss this topic. The difference is that now all parties are being heard. The rapporteur of the process, Efrain Cruz, is listening to all parties and is trying to reach a consensus, it was not in that 'down the throat' way, of that text published in October last year. It is something more reasonable with a reasonable transition, with a tariff of around 10% to 15%”.
The TCU's determination is the result of a representation made by the Deputy Attorney General of the Public Ministry with the body regarding alleged violations of the legal principles practiced by ANEEL within the scope of Public Consultation 25/2019.
