Em public hearing, held this Tuesday (16), at Mines and Energy Commission da Câmara dos Deputados, in Brasília (DF), representatives of four associations that encom the solar energy industry paid greater attention to the PL 4.831/2023.
O text, which is in progress and should be voted on in the coming weeks, has been generating a great debate in the photovoltaic sector since the moment it was filed, at the end of last year.
O document, which aims to discuss the renewal of concession contracts for a series of distributors across the country, received the placement of two “tortoises” that affect directly the renewable energy projects, especially from the solar source.
One of the added topics foresees limiting the insertion of the GD (distributed generation) in the area of activity of distributors, so that, after reaching this limit, concessionaires are no longer obliged to provide connection points for new consumers.
Already another aims to ensure the maintenance of at least 70% of the current energy market for concessionaires, meaning that contracts cannot be renewed in the Free Energy Market in the companies' concession area when this limit is reached.
A public hearing was requested by deputy Hugo Leal (PSD-RJ) and brought together representatives from the Ministry of Mines and Energy, TCU (Federal Court of Auditors), ANEEL (National Electric Energy Agency) and leaders of entities representing the electricity sector.
The meeting served to expand the debate with sector entities on projects that change legislation in the national electricity sector, the main one being PL 4831/2023.
“The meeting is a critical step in this process, offering a platform for debate, collaboration and innovation. The objective is to listen to experts and evaluate the best path forward in the search for a better energy distribution service to the population and the improvement of legislation”, stated Leal.
During the hearing, the representatives of solar sector associations were emphatic in pointing out that the tortoises of PL 4.831/2023, if approved by parliamentarians, can cause great losses not only for the solar market but for all Brazilian consumers.
As associations of the sector who were present at the public hearing of the Mines and Energy Committee of the Chamber of Deputies, were a ABSOLAR (Brazilian Photovoltaic Solar Energy Association); O RING (National Clean Energy Institute); O MSL (Free Solar Motion) and the ABGD (Brazilian Association of Distributed Generation).
Check below what each of the associations scored:
What did you say to ABSOLAR?
Rodrigo Sauaia, CEO of ABSOLAR, began his speech by saying that the photovoltaic source is already an extremely relevant energy source for the Brazilian economy, with almost R$200 billion ed for in private investments and more than R$50 billion in revenue for public coffers in recent years.
However, he said that the association is very concerned about the points provided for by PL 4.831/2023 – which are, precisely, the topics that want to limit the growth of GD and the Free Energy Market.
According to Sauaia, approving these items in the bill would be a major setback for consumers, in addition to delaying the entire Brazilian energy transition process towards a greener and more sustainable future.
The executive said that such a decision – if taken by Brazilian parliamentarians – could harm Brazil's image in the international market and the protagonism of the solar energy sector in the country – which has become the sixth in the world that invested the most in clean and renewable sources in 2023.
“The limitation of distributed generation is something that does not exist in other countries, because if implemented it threatens the attraction of investments, the generation of green jobs and the collection of public coffers,” he said.
Regarding the limitation of the Free Energy Market, Sauaia pointed out that the measure foreseen in the bill harms consumers who seek to reduce their energy tariffs through the ACL (Free Contracting Environment).
“This, firstly, conflicts with all the efforts that the Federal Government and Brazilian society have been making to increase consumer participation in this market”, he said, referring to opening of the Free Energy Market at the beginning of the year for a greater number of consumers.
“The number of migrations in these first three months of the year already represents 75% of all migration that took place in 2022. With this measure provided for in the PL, we would be taking away from consumers the right to save on their electricity bills”, he highlighted.
The CEO of ABSOLAR He also said that the approval of the topics present in the text will cause a major problem in the expansion of the national electricity matrix, since it no longer advances through the Regulated Market.
“The Government has no longer held new and renewable energy auctions since 2022. The Free Energy Market is today the space where new projects are contracted”, he highlighted.
In this sense, the executive suggested that parliamentarians vote to remove in PL 4.831/2023 the sections that provide for the limitations of GD and the Free Energy Market in the country.
What did INEL say?
Heber Galarce, president of INEL, also criticized the two topics listed by Sauaia in PL 4.831/2023, saying they were measures that represent a setback for the country.
The executive criticized the proposal for automatic renewal of concessions for electricity distributors. “Renewing the distributors’ contracts, through a penny-pinching, is bad for the electricity sector,” he said.
“The model of the Brazilian electrical system has changed a lot and we have the opportunity to talk to the distributors and reach a consensus”, he considered.
The executive also took advantage of the space to demand that energy distributors comply with the agreement signed with ABRADEE (Brazilian Association of Electric Energy Distributors) during the approval of Law 14.300/2022 – the regulatory framework for distributed generation.
Galarce highlighted the non-compliance with legislation by some distributors who did not present technical studies to justify decisions contrary to the solar energy sector, which harm the Brazilian electrical system.
According to him, the solar energy sector faithfully complies with the agreement signed in Law 14.300, even if the final text is not ideal for the activity.
Galarce also defended broad dialogue to strengthen the electrical system and discuss the new role of distributors, but with the preservation and fulfillment of the initial agreement that culminated in the approval of the regulatory framework, in January 2022, in consensus with the energy sector of the country.
“In the last government, we signed an agreement with the entire sector, including the Ministry of Mines and Energy and the ANEEL, and it saddens me to see the breach of this agreement, which is very serious. The Legal Framework of Law 14.300 is not the best for solar energy, which should be much more encouraged in the country,” he said.
“Even so, by consensus, the agreement was signed, but the dialogue has been lost, especially with ABRADEE. We are available to discuss. GD is not the villain of the system. On the contrary, it is positive for society and the electrical system”, he added.
What did the MSL say?
Hewerton Martins, president of MSL (Movimento Solar Livre) and leader of Aliança Solar – which brings together all DG entities in the states – began his explanation by questioning the criteria used to limit the growth of own energy generation to 10% through PL 4.831/2023.
“Ten percent of what? Is it about installed power? Is it about consumer units? Will it be 10% of the amount of clean energy produced? Is that what the bill is talking about? Note that the bill itself leaves it open for ANEEL regulate the aforementioned 10% and we do not know what it is about. If it is about installed capacity, some states can no longer have distributed generation, as they have already reached this limit”, he said.
In this sense, the executive stated that the topic needs to be further debated. He also expressed concern about possible approval by Brazilian deputies and senators, since if the text is approved it will have to go through the regulation of the ANEEL.
According to him, this would be a problem, since the Agency itself - which should also exercise its role as a supervisory body in the sector - has publicly assumed in the media and in public hearings that it has no structure, and has not been able to make distributors comply with regulations. and impose itself in the face of possible abuses committed against consumers who seek savings from solar energy.
In February of this year, the Canal Solar reported that directors of ANEEL stated in a public hearing that the distributors no longer respect the Agency's own determinations regarding compliance with Art. 73 of Resolution 1.000, which involves cases of flow reversal in the country.
Ricardo Tili, one of the directors of ANEEL, went so far as to say that it is “public and notorious” that the distributors are not only failing to comply with the legislation, but are also ignoring the Agency’s own determinations.
“Is there any legal security for consumers who purchased or financed a solar energy system and, after installing it, have their project revoked? project that was approved by the distributor itself. We were amazed by this, because distributors don’t buy what the regulatory agency’s legislation says,” he said.
Because of this, Martins fears that the same could happen if PL 4.831 is approved and regulated by ANEEL. “We think it is important to expose this, because if a law like this is approved it will go through the ANEEL. And, going through the Agency – which does not enforce the regulations, according to the directors themselves – this worries us a lot”, he highlighted.
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What did ABGD say?
Carlos Evangelista, president of ABGD, said that distributed generation brings countless benefits to all Brazilians, including those who do not have the technology.
According to him, Brazil has never seen such a democratic tool for access to energy and distribution of wealth as GD.
“Over the next ten years, ABGD predicts that more than R$154 billion in benefits will be distributed among all Brazilians through distributed generation and not just among 40 or more companies that want to benefit from this modality,” he said.
In a second moment of his presentation, the executive pointed out that all sectors have an obligation to seek a consensus regarding the right of Brazilian consumers to be able to generate their own energy without major political interventions.
“It has to involve the ANEEL, the ministries and all associations, including those that think differently. There is no problem at all. What we have to do is contribute to what matters, which is reducing the cost of electricity for all Brazilians,” he emphasized.
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