The National Electric Energy Agency (Aneel) started Subsidy Taking no. 18/2023, with the purpose of evaluating the need for possible specific regulations to implement the provisions of article 28 of Law No. 14,300/2022, the regulatory framework for the distributed generation sector. The objective is to verify whether the market complies with the prohibition on the sale of surplus energy, as determined by legislation.
According to the technical note published in the Subsidies Collection, the regulation expressly established a prohibition on the sale, including implicitly, of energy credits and surpluses from distributed generation, as well as the obtaining of any advantage in the allocation of these credits and surpluses to other holders. It is highlighted that distributed generation in the Electric Energy Compensation System (SCEE) is characterized by the absence of commercial energy transactions, except in the cases provided for in articles 24 and 36-A of Law No. 14,300/2022.
Aneel also highlights that the different commercial arrangements applicable to remote generation modalities must be established in accordance with the prohibition of any form of energy commercialization, including the use of surpluses or energy credits between users, even if implicitly.
However, the agency observes signs that some remote generation business models announced in the distributed micro and mini generation market are taking advantage of these forms of participation in the SCEE to, in practice, sell energy. They offer surplus energy at more affordable prices than the tariffs regulated by distributors, using tariff subsidies paid for by users of the electricity distribution system.
The Granting of Subsidies, a stage prior to a public consultation on the matter, will be in effect from Friday, November 3rd, and will last until January 31st, 2024, through the Aneel portal. This movement reflects the search for more precise and comprehensive regulation, ensuring compliance with legal guidelines and promoting a more equitable and transparent distributed generation environment for all participants in the energy market.
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