Is shared generation still at risk?

Brief current comments on the digital signature model discussion
Shared Generation is still at risk
For the Technical Area of ANEEL shared generation models are being used in a distorted way. Photo: Disclosure

Brief current comments on the recent discussion of the digital subscription model. The soap opera is not over yet, but the topic has returned to the correct arena for debate. The formatting of the shared generation structure ended up in the sights of the TCU (Federal Court of Auditors) with the processing of “Process No. 005.710/2024-3 – Representation”, with a vote (ruling) being delivered by the Rapporteur Minister, Antonio Anastasia, on July 24, 2024. 

In short, this is a representation made by the AudElétrica Unit (Specialized Audit in Electrical and Nuclear Energy), which on March 05, 2024, alleged possible omission by ANEEL (National Electric Energy Agency) regarding the exercise of its powers in view of evidence of activities that, within the scope of MMGD (micro and mini distributed generation), were not characterized as production of electricity for own consumption but rather as marketing of electricity credits, in possible non-compliance with art. 28, caput, of Law 14.300/2022, which deals with the allocation of distributed generation to the production of electricity for own consumption. 

For the Technical Area, the shared generation models (consortium, cooperative or association) would be being used in a distorted way, including with regard to the representation of captive consumers in these models developed by companies in the micro and mini Distributed Generation segment, in which, in the face of a “subscription” and lease of the generating plant, the commercialization of energy within the captive market would be characterized - which is prohibited by Law No. 14.300/2022 and by Normative Resolution ANEEL No. 1.000 / 2021.

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Photo by Pedro Dante
Pedro Dante
Partner in the energy area at Lefosse Advogados. President of the Regulation Studies Committee of the Brazilian Institute for the Study of Energy Law. Coordinator of the Energy and Arbitration Committee of the Business Arbitration Chamber. Arbitrator at the Chamber of Measurement and Arbitration of Western Bahia. Effective member of the OAB/SP Energy Law Commission. Lawyer specializing in regulatory matters related to the electricity sector with over 19 years of experience in the sector.

Answers of 2

  1. In fact, there is this misdirection in the niche of electricity generation for consumption, of course there are many electrical systems for this purpose, however, due to the lack of supervision, many take advantage of this failure, circumventing the current legislation for commercial purposes, causing harm to those who do so only for the purpose of family savings.

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