O Marco legal do Sistema de Compensação de Energia Elétrica - SCEE - na geração distribuída solar fotovoltaica

Abstract

This paper analyzes the new Electricity Compensation System (SCEE) model in the context of the development of Photovoltaic Solar Distributed Generation in Brazil, based on Law No. 14.300, of January 6, 2022, and Normative Resolutions No. 1.000/2021 and 1.059/2023 published by the National Electric Energy Agency (ANEEL), known as the Distributed Generation legal framework. The aim of the study was to analyze whether it was necessary to update the regulatory model for the SCEE, previously provided for in the regulatory framework based on ANEEL Normative Resolution 482/2012, to the model approved by the legal framework. The issue of cross-subsidization was also analyzed, due to the full compensation model adopted by the SCEE in ANEEL REN 482/2012, which would generate an excessive burden on the electricity distribution network. Finally, we investigated whether the regulatory framework has played a role in the development of distributed generation, especially solar photovoltaic generation, in Brazil. It was concluded that the model adopted in the legal framework is complex and will require further improvements, in addition the compensation mechanism promoted by the SCEE in ANEEL REN 482/2012 resulted in cross-subsidization, whose significant growth in the solar photovoltaic sector required a review of the existing model, where it was also concluded that the compensation system was fundamental to the emergence and growth of distributed solar photovoltaic generation in Brazil over the last 10 years. The methodology adopted in the research was hypothetical deductive, of an applied nature, theoretical type and with an explanatory objective, with a qualitative approach to the problem through documentary and bibliographical research.