Unauthorised capacity increases in distributed generation

Lawyer Juliana de Oliveira, of Oliveira & Rohr Advocacia, argues in an article in Canal Solar for caution with the expression "unauthorised expansion", the increase in capacity of micro or minigeneration without review by the distribution utility. For the author, new equipment at the plant is not enough to conclude that there was fraud, an improper benefit or a risk to the grid.

The distinction has an economic effect. Law 14,300/2022, in article 26, maintains until 31 December 2045 the previous compensation rule for existing units or those with a request filed within the transition period. Paragraph 2 treats two cases differently: a capacity increase requested after the deadline loses the benefit only on the added portion; a metering irregularity attributable to the consumer ends the benefit.

For those who invested in distributed generation, the 2045 rule is the revenue base of the asset. Each classification gives the project a different value. In April 2026, ANEEL approved a consultation with a 60-day audit by distribution utilities of unauthorised increases.

Regularising the actual capacity before the audit is the safest way out for the owner.