On 20 July 2023, the Secretariat of Energy of the Nation published in the Official Gazette Resolution 608/2023 (the “Resolution”), which introduced amendments to the rules for the implementation of Law 27.424 on the Regime for the Promotion of Distributed Renewable Energy Generation, approved by Resolution 314/2018 of the former Secretariat of Government of Energy (the “Rules for the Implementation of the Regime”).
The Resolution introduced the following amendments:
I. Addition of new User-Generator categories.
The Resolution modified Chapter 2 referred to User-Generator of the Rules of Implementation of the Regime in order to incorporate the categories of “Individual Generator Users”, “Community Generator User” and “Virtual Community Generator User”, according to their composition. The subjects may be:
- Individual User-Generators: refers to a single user with distributed generation equipment from renewable sources that generates energy for self-consumption and injects its surplus into the distribution grid.
- Community User-Generators: refers to the formation of a group of two or more public service users with different supply points whose demands are supplied by the same distributor.
- Virtual Community Generator Users: these are Community Generator Users, but whose total demand and injection is monitored in real time by meters whose technological characteristics allow it.
II. Incorporation of the definition “Electricity Generation Contract under Community Distributed Modality”.
The Resolution incorporated the definition of “Electricity Generation Contract under the Community Distributed Modality” in Chapter 1 on Definitions of the Rules for the Implementation of the Regime, as: “the agreement of wills that binds the Distributor with the Community User-Generators”. This “must include the percentage of participation of each of the users in the community scheme in order to distribute the credits associated with the injection of energy among the participants” and that “any modification in the composition must be reported to the distributor at least thirty (30) days in advance”.