On February 9, 2017, the National Electric Energy Agency (“ANEEL”) published the Normative Resolution No. 804/2018 (“REN No. 804/2018”), whose purpose is to detail the procedures for the implementation of the Institutional Register and Electronic Notification.
The Institutional Registry is defined in the resolution as an official bank of information of individuals or legal entities and arises from the need for a single register of agents in ANEEL.
In turn, the electronic notification has the purpose of speeding up and facilitating the process of notification of the agents regarding the acts issued by ANEEL.
In the terms of REN No 804/2018, the Institutional Register shall be mandatory for sector agents[1], for potential agents[2] and for hired/contracted persons[3], who shall have a period of 60 (sixty) days, from the date of entry into force of the resolution (90 days after its publication), to register with the Institutional Register or to update their data, under penalty of penalties provided for in the regulation.
For the final consumers of electric energy and for other interested parties with ongoing processes in ANEEL, the Institutional Registration will be optional, whose low may be requested at any time. However, if they opt for the Institutional Registration and for the adhesion to the Electronic Notification system, they will be subject to the provisions of REN No 804/2018.
The Institutional Register is linked to the registration number of the Individual Tax Registration (CPF) or the National Registry of Legal Entities (CNPJ), and the registration of a single electronic address is authorized.
For the accomplishment of the Institutional Register, the obligated persons shall, successively:
(i) Complete an electronic form of the Institutional Register, available on the ANEEL website; and
File, by physical or electronic correspondence (a) the term of responsibility signed by the legal representative of the individual or legal entity, whose model will also be made available on the ANEEL website, and (b) the documentation proving the status of representative legal form of the sponsor.
Upon receipt of the documentation, ANEEL will have a period of two (2) working days to analyze it and decide whether or not to approve the registration. If the registration is approved, the interested party will be notified electronically and, from this moment, will receive all future notifications by means of Electronic Notification, to be sent to the e-mail registered in the Institutional Register. If the application is not approved, the interested party will have 15 (fifteen) days to regularize it.
The proof of receipt and effective reading of the electronic notification by the recipient will be done by means of an Electronic Notification Notice – AN-e, provided by the Certification Authority[4] and will be added to the respective administrative process.
The electronic notification will be deemed to be read after 5 (five) consecutive days from the date of its receipt.
It is important to mention that the electronic notification does not change the duration or the counting of the deadlines in ANEEL.
The traditional notification (mailing by post with acknowledgment of receipt) will only be used in the following cases:
(i) Failure to send the Electronic Notification;
(ii) Electronic Notification with a size greater than 10 (ten) megabytes; and
(iii) Interested in having optional access to the Institutional Register and not having opted for the registration.
If the failure to send the Electronic Notification is attributable to the recipient, the recipient will be notified so that, within 2 (two) working days, the problem is cleared. However, if the fault is attributable to ANEEL, the interested party will not suffer any procedural loss.
Those interested whose Institutional Registration is obligatory will be unable to use the electronic services provided by ANEEL that require a login and password, such as request for oral argument, requests for copies and sending of documents by digital protocol, if the Institutional Registration is not made or the data is not updated within the period determined by ANEEL.
Finally, the Institutional Register will be required as a prerequisite for the issuance of authorizations, signing of concession contracts, adhesion to records of any nature, adjudication, renegotiation or extension of bid or contracted object.
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[1] Individuals or legal entities, individually or in a consortium, holding a concession, permit, authorization or registration to operate electric energy services and installations and the energy utilization of waterways, whether in the activities of generation, transmission, distribution or commercialization of energy power.
[2] Individuals or legal entities, individually or in a consortium, interested in developing studies of hydroelectric inventories, basic projects of hydroelectric power plants, or registering plants of reduced capacity to obtain a DRO.
[3] Individuals or legal entities with whom ANEEL has signed a service contract of any kind or nature.
[4] Entity, public or private, subordinate to the hierarchy of the Brazilian Public Key Infrastructure – ICP-Brazil, responsible for issuing, distributing, renewing, revoking or managing digital certificates, contracted to make Electronic Notification for ANEEL.
For further clarification on the contents of this memorandum, contact:
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Rosi Costa Barros
rosi.barros@nbfa.com.br
(11) 3707-8370
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William de Figueiredo Lins Junior
william.lins@nbfa.com.br
(11) 3707-8370
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Luisa Tortolano Barreto
luisa.barreto@nbfa.com.br
(11) 3707-8370
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