Recently, FL issued a statement to its customers informing that “the Technical Responsibility Note (ART) or Technical Responsibility Term (TRT) for project preparation and project execution will not be necessary for project requests and inspections of distributed microgeneration”.
According to the company, this decision considered the Normative Resolution ANEEL No. 1.000/2021, published in December last year by ANEEL (National Electric Energy Agency), and new provisions of Module 3 of the PRODIST (Electricity Distribution Procedures in the National Electric System).
ing that the 1.000 Resolution establishes the Rules for the Provision of the Public Electricity Distribution Service and came into force on January 3, 2022, repealing Normative Resolution No. 414/2010 and other previous resolutions on the subject.
Another significant point is that PRODIST was updated by Normative Resolution ANEEL No. 956/2021, which came into force on January 1, 2022 and revoked previous resolutions on the topic.
It is important to highlight that PRODIST regulates and standardizes technical activities related to the operation and performance of electrical energy distribution systems. It is composed of 11 modules, with the Module 3 deals with Connection to the Electricity Distribution System.
For the solar energy sector, within this module, “Section 3.1 – Requirements for Connection of Distributed Microgeneration and Minigeneration” is highlighted, which was updated by Resolution 956/2021.
In this section, the ANEEL reports:
- Source: ANEEL
In these forms, the obligation to present the ART in the Access Request Form for microgeneration and distributed minigeneration (contained in Annexes 3.A, 3.B and 3.C of this Module 3, according to installed generation power) was excluded.
Furthermore, PRODIST informs that it is not up to the distributor to “request additional documents to those indicated in the Forms”.
- Annex 3.a of the Normative Resolution ANEEL No. 956, of December 7, 2021 access request form for distributed microgeneration with power equal to or less than 10 kW procedures for the distribution of electrical energy in the national electrical system – PRODIST. Source: ANEEL
But after all, do you need to present ART for distributed generation systems or not?
For the engineer Sergio Roberto Santos, specialist in low and medium voltage electrical installations, the non-obligation to present an ART for the initial stage of a project or execution of a solar energy minigeneration system with an energy concessionaire is, to say the least, worrying.
“The existence of ART is not a simple bureaucratic procedure, but rather the formalization of something very important when we talk about engineering and relationships between professionals, customers and energy concessionaires”, he highlighted.
He also emphasizes that issuing the ART is extremely quick, simple and objective. Santos also emphasizes that the document clearly establishes who is responsible for an engineering service, which in the case of a photovoltaic system, even with low installed power, can cause fires or electric shocks.
“As ART will always be necessary, regardless of the concessionaire’s requirements, it should be present at all stages of the process, as this process must always be accompanied by a responsible technician”, added Santos
“In my opinion, an ART is always necessary in any engineering service, as is the service in question. ART is the most practical, easy and safe way to document who is technically responsible for a service, project and installation, and at the initial stage of the process with the energy concessionaire, this responsibility should be very well defined”, he concluded.
O Canal Solar sought the position of the Engineering and Agronomy Council and was informed that Crea-SP (Regional Engineering and Agronomy Council of the State of São Paulo) 'is aware of the changes made by ANEEL in its Normative Resolution number 1.000/2021, on the Procedures for the Distribution of Electrical Energy in the National Electrical System, and clarifies that it has acted through its Presidency, CEEE (Specialized Chamber of Electrical Engineering) and SUPFIS (Superintendence of Inspection) to notify the ANEEL and the distribution concessionaires on the mandatory nature of the Technical Responsibility Note, as provided for in federal legislation (Law No. 6.496 / 1977) '.
ABGD (Brazilian Association of Distributed Generation) also expressed concern about the non-mandatory presentation of the ART. “ABGD understands that distributed generation needs to have clear, simple and easy-to-understand rules, but it also believes that all professionals in the sector must ensure the quality of services and the safety of professionals and facilities,” commented Joaquim Rolim, technical director of ABGD.
“As stated on the CONFEA website, the need and importance of ARTs are defined there. ABGD is evaluating what is stated in Resolution 956/2021 of ANEEL, and will make a statement as quickly as possible on the matter”, he concluded.
When asked about the notice sent to its customers, FL Energia clarified that it follows the rules determined by the National Electric Energy Agency. “Therefore, the group's distributors cannot request additional documents to those indicated in the Access Request Forms, as approved by Normative Resolution No. 956/2021,” it said in a note.
Answers of 10
Good morning, if you don't need ART AND TRT, does this mean that anyone can apply to the dealerships?
And where is the question of responsibility?
I think it is extremely important not only for the São Paulo council to speak out, but for all the CREAs in the Federation to speak out. Services involving qualified and qualified professionals need to be supervised, documents and most importantly, have someone responsible for the work. The trivialization in the execution of technical services has brought to our reality many works carried out at high costs, poor quality and devaluation of the professional. Councils need to pay attention to these issues and not just focus on inspecting regular professionals. It will be a bad precedent and jurisprudence for other issues.
All the facilities that I know have construction rules and regulations, whether NBR or from the concessionaire, which must be followed. This does not mean that an engineer has to be subject to this compliance, all facilities have an owner who can perfectly assume responsibility.
The fact that concessionaires do not require ART does not exempt engineers responsible for projects and installations from the obligation to issue ART. This obligation is defined by professional councils (CREA, for example), which are also responsible for inspection. What can happen if concessionaires do not require it is certainly a loss of quality in the provision of these services.
CREA needs to take a firm stance. It's time to engineers a little more
But the first document required is the “Professional Certificate”, which is very general and can be disseminated without authorization from the professional. Without ART, the specificity of the project is not characterized in addition to the responsibilities, what do they look like???
A ANEEL finally managed to harm the photovoltaic sector, by failing to curb the sector's growth with the review of resolution 687/2015 that amended 482/2012 that became law in 2022. In the eyes of those who are not concerned about the safety of electrical installations, ANEEL is contributing and encouraging the growth of the sector, but don't be fooled, we are already seeing several reports of installations catching fire and inspections being carried out, proving the poor quality that plagues the sector when it comes to installing systems.
Now let's reflect: if with the requirement of monitoring a qualified professional the market is already “turbulent”, imagine these professionals being dispensable!
Poorly designed and poorly executed installations are already common even with the ART requirement. Imagine what could happen without it. From what we see happening, the right thing to do would be to further reinforce the ART requirement, including charging ART for the structure on which the photovoltaic modules will be installed. Customers need technical and legal security, and quality companies appreciate it.
I think it's risky and dangerous, as this is a very responsible service!
Despite understanding that it is poorly written, there is a misinterpretation of the regulations, they do not ask for the annotation but for information from the RT of the project and installation, as engineers, electrical technicians and architects are legally qualified to do so. As required by CREA, CFT and CAU, any professional activity requires the technical responsibility of the person responsible to be noted, and these councils are responsible for supervising the issuance of these documents.