It closes, at 23:59 pm this Friday (06), deadline for consumers who want to install photovoltaic systems give input to projects and have right to remain within current rules GD compensation.
One of the big problems, Yet, lies in the fact that, in recent months, some of the main electricity distributors in the country have created obstacles to make it difficult requests for access opinions of consumers who want to install solar energy systems in the DG (distributed generation) segment.
As complaints allege that the objective would be to prevent that customers of distributors get it remain within current GD compensation rules, causing the client to lose the acquired right and their project to fall within the new rules of Law 14.300.
In December, the ABSOLAR (Brazilian Association of Photovoltaic Solar Energy) went as far as demanding action from the ANEEL (National Electric Energy Agency) against this supposed practice applied.
At the time, the association claimed that the websites of CEMIG, COELBA, EDP and Energisa were offline, preventing consumer access requests from being filed.
O Canal Solar It has also received, through its communication channels, complaints from integrators and consumers from all over Brazil reporting the same problem.
Some of them even suspect that some of the distributors even delete the email with the request. This suspicion occurs because the integrator demands approval of the opinion and the integrator says that he never received his email.
What to do in this case?
In an interview with Canal Solar, Einar Tribuci, founding partner of Tribuci Advogados and tax director of ABGD (Brazilian Association of Distributed Generation) recommends that entrepreneurs who are unable to forward the access request look for the concessionaire's email and send all the required documents there. by the Prodist Manual.
In the email, the professional also recommends sending a request for the distributor to respond with acknowledgment of receipt of the email in question. This simple action, according to him, further protects the consumer from any possible legal action that may be necessary to enforce the rights provided for in Law 14.300.
If this is not the first attempt to send the documents to the distributor, Tribuci advises the consumer to attach previous communications already made by email.
The lawyer also highlights that, if the client cannot find an email from the distributor, a solution may be to forward all the necessary documents the old-fashioned way. “Go to the print shop, print the whole pile of paper and send it by postcard”, he commented.
According to Tribuci, consumers who do not have their request filed within the deadline, due to the unavailability of the concessionaire's request platform, must file a lawsuit with the support of a civil lawyer – if possible, with experience in the insurance sector. energy – so that he can file a request for an injunction in court.
According to Tribuci, this request will not take long to be issued by the judge – which, if approved, will automatically force the distributor to accept the connection request. The legal process itself continues to take place and may take more years to complete.
The ABGD lawyer also advised that in the event that the distributor's website goes offline, preventing the consumer from filing the access opinion, a prudent action that also serves as evidence in court is to print the computer or cell phone screen with the date of the day (before January 7) appearing.
Comments (1)
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This article is interesting. I am one of those who were also unable to file a request with the Neo Energia/Elektro dealership in time, even after trying practically the entire day. I contacted them by phone and the customer service representative said the site was very busy and that the advice she had to give was to keep trying. All I had left was the call protocol and some screenshots, that's all.