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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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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