BRAZIL Trends and Developments Contributed by: Márcio Pina, André Serrão, Thiago Furtado and Gustavo Oliveira, Advocacia Bettiol
Conclusions Generation cuts have significantly affected solar and wind power plants, imposing burdens that were not taken into consideration in their original design and which go beyond the responsibility of these agents. In addition to the legal aspects of ANEEL Nor- mative Resolution No 1,030/2022, already under judicial scrutiny, it is necessary to consider the nature of the agents’ operations and the ade- quate allocation of risks, relieving the agents that cannot be affected by generation cuts.
There is an urgent need for regulatory reform that includes not only short-term measures to pro- tect the interests of generators who are currently suffering from generation curtailment, but also long-term measures to better plan the expansion and operation of Brazil’s interconnected trans- mission system. The regulatory framework must ensure that agents have free access to the trans- mission grid. It is unacceptable that generators that are fully capable of operating are prevented from doing so due to safety and reliability issues of the transmission system that do not concern them.
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