A publication of Normative Resolution No. 1.098/2024, which amends Normative Resolution No. 1.000/2021 and brings definitions for flow reversal analysis for systems GD (distributed generation), was questioned by two of the main associations representing the national segment.
O text, published in DOU (Official Gazette of the Union), brings three scenarios where flow reversal analysis will be excluded. The changes were discussed and voted on at an ordinary meeting of the directors of the ANEEL (National Electric Energy Agency) at the end of July.
Under the new rules, there is a flexibility of flow reversal analysis of power in three cases Specifics:
- When distributed generation that does not inject into the electrical energy distribution network, also known as grid zero;
- When the system has DG power compatible with the unit's simultaneous consumption during the generation period;
- When the installed system is used only for compensation in the consumer unit itself (local self-consumption), with an installed power equal to or less than 7,5 kW;
Check out how they said it entities, such as RING (National Clean Energy Institute) and the ABSOLAR (Brazilian Photovoltaic Solar Energy Association), in relation to the topic.
What does INEL say?
According to INEL, the resolution the way it was published “completely hurts the spirit of the Law 14.300 / 2022 at various points”, in addition to take away the consumer's right to be part of the SCEE (Electrical Energy Compensation System).
“The publication violates contracts, acquired rights and legal security for consumers and generators of their own energy. We were quite scared by the publication which, in my opinion as a lawyer and jurist, it is unconstitutional, once does not comply with federal legislation", said Marina Meyer Falcao, secretary of regulatory affairs at INEL and president of the Energy Law Commission of the OAB (Brazilian Bar Association) of Minas Gerais.
Heber Galarce, president of INEL, highlighted that the institute is very concerned about the direction that the ANEEL has been taking.
“A Agency is going through a moment where it has no budget, with a lack of staff and a split board, still having to defend the maintenance of its status as an independent regulatory body, in the Valoriza Regulação campaign”, he said.
Galarce highlights that the institute s Valoriza Regulation and hopes that ANEEL regain your autonomy as a regulatory body, with impartiality in its dispatches and “without being affected by pressure from segments, such as energy distributors, as in the case of dispatch that includes reverse flow”, he commented.
According to the executive, on top of all the priorities that the ANEEL, GD has been a subject that has become unnecessarily exhausting because of political interests.
"Today, We are discussing a subject that has completely deviated from what really matters. The main subject is the non-compliance with Law 14.300/2022 and breach of agreement (from distributors and ANEEL) with what the legislation provides”, said Galarce.
In this sense, the executive highlights that the option that has been worked on by INEL is the approval in the National Congress of 624 / 2023 Bill, which encourages solar energy for low-income families, correcting “possible distortions” caused after the publication of Law 14.300/2022.
“If the Agency is going through all these problems and is unable to make its regulated companies (distributors) comply with the law, it is wise to seek to involve the National Congress,” he said.
“The point that draws the most attention is that we have to create a new law to comply with another existing law (Law 14.300/2022)”, he stressed, highlighting that the entity will also continue to look for other alternatives to ensure that “ the spirit of the law is respected.”
What does it say ABSOLAR?
For ABSOLAR, the publication of the Resolution 1.098/2024 is insufficient and does not provide a solution definitive response to the avalanche of suspensions and cancellations of projects presented by companies in the sector.
The association understands that the measure, although it gives some impetus to the sector, should make it clear that the distributors prove that the allegation of power flow inversion is, in fact, negative and brings harm to the operation of the network.
Second Barbara Rubim, vice president of Distributed Generation at ABSOLAR, That Flexibility brings partial relief to entrepreneurs in the sector, but it is still far from resolving and curbing arbitrariness committed by distributors with deliberate project denials.
“In practice, the standard should explicitly require concessionaires to present technical studies that prove possible impacts on the integrity of the electrical grid with the inversion of DG power flow,” she said.
Yes, Rodrigo Sauaia, executive chairman of ABSOLAR, alerts to the fact that the established norm in the resolution of the ANEEL requires the consumer to waive a right guaranteed by law, which allows the injection of energy into the grid and the receipt of credits from other consumer units.
“Therefore, this model adopted by the regulator of trying to solve the problem creates an imbalance in relation to the Legal Framework for Distributed Generation, Law 14.300/2022”, he commented.
The executive further explains that, even if there is a reversal of flow power in certain cases, this does not mean that such a situation causes, necessarily, problems in the electrical network.
“Thus, the new rules recognize only a small particularity of the issue of power flow inversion, but they are very far from solving the problem”, pointed out Sauaia.
“The fact is that the regulator must rigorously and diligently monitor the application of standards by distributors and punish in an exemplary manner cases of non-compliance with the rules determined by law and regulations, something that has not been done by Aneel in relation to arbitrary allegations and without adequate justification from the distributors regarding power flow inversion”, added the professional.
A ABSOLAR highlighted although it continues to monitor the topic in all regulatory and legal spheres and highlighted which will intensify efforts with the National Congress and other authorities to ensure that consumer rights are guaranteed by authorities and agents in the electricity sector.
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An answer
I see the need for entities to activate the Engineering departments to discuss with the Engineering departments of the distributors and the regulatory agency a broad study of the entire transmission and distribution network of the National system in a transparent manner, disregarding political and financial interests.