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ARTICLE · 25 AUGUST 2015

MP 688: Repactuação dos Riscos Hidrológicos

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A MP 688 também estabelece que os riscos hidrológicos relacionados à parcela de energia destinada ao ACR deverão ser assumidos pelas distribuidoras e repassados aos consumidores finais.

BrazilEnergy and Natural Resources
Alexandre R. Chequer
Alexandre R. Chequer
Débora Yanasse
Débora Yanasse
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Após negociações com agentes do setor elétrico, o Governo Federal publicou, em 18 de agosto de 2015, a Medida Provisória nº 688 ("MP 688"), que dispõe sobre a repactuação dos riscos hidrológicos suportados pelos agentes de geração de energia hidrelétrica participantes do Mecanismo de Realocação de Energia – MRE desde 1º de janeiro de 2015, incluindo as condições para o ressarcimento aos agentes de geração prejudicados pela aplicação do fator de ajuste do MRE – o Generation Scaling Factor – GSF.

Importante destacar que a repactuação dos riscos hidrológicos está condicionada à (i) anuência da Aneel; (ii) desistência de ação judicial e renúncia a qualquer alegação de direito sobre o qual se funda a ação relacionados à isenção ou mitigação dos riscos hidrológicos relacionados ao MRE; e (iii) contrapartida dos agentes de geração hidrelétrica.

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