O dever de ressarcimento do poder público aos geradores de energia elétrica em casos de "curtailment" em usinas renováveis

Abstract

The Brazilian Electricity Sector (SEB) is undergoing a profound transition driven by the massive introduction of variable renewable energy sources (FERVs), such as wind and solar, which, although vital for the decarbonization of the matrix, pose technical and regulatory challenges to the National Interconnected System (SIN). This final course project analyzes the government's duty to compensate electricity generation agents in the face of curtailment, which consists of a compulsory order by the National System Operator (ONS) to reduce generation production, causing financial losses to generators. The problem is exacerbated by regional oversupply and failure to plan for transmission expansion, which leads the ONS to impose generation cuts for reasons of Reliability (CNF) and Energy (ENE), which do not provide for the right to financial compensation under the regulations, ANEEL Normative Resolutions No. 1,030/2022 and No. 1,073/2023, unlike restrictions due to External Unavailability (REL). The study investigates the legal basis for the State's strict liability, arguing that curtailment, as a lawful act performed in the interest of systemic security but which imposes a special and abnormal financial sacrifice on generators, constitutes a violation of the constitutional principle of equality. The absence of full compensation for losses, both actual damages and lost profits, compromises the economic and financial balance of generators' contracts and the legal certainty of investment in FERVs, requiring that the burden of this systemic security be shared by the entire community and not absorbed solely by the injured party