104
R. de Castro Sobrosa Neto et al.
3 Applied Legislation
The legislation directly involved with this project is broad and diverse, involving
and not being limited to: the promotion of R&D + I; actions related to distributed
micro- and mini-generation; biogas usage and transportation; and hiring processes
and acquisition of materials, equipments and services. In this sense, the characteristics
of the Brazilian Electricity Sector R&D + I Law, the legislation related to distributed
micro- and mini-generation, as well as the legislation related to biogas are presented
below.
4 Characteristics of Both R&D Law and Innovation
in the Brazilian Electricity Sector
On July 24, 2000, Federal Law No. 9,991 was enacted in Brazil. It provides for
investments in research and development, as well as in energy efficiency, by concessionaires, permissionaires and electricity sectors authorized. This law determines that
companies in the Brazilian electricity sector must invest 1% of their net operating
revenue in R&D (from which, 20% of the amount is allocated to the maintenance of
the Energy Research Company [EPE] of Brazil; 40% to the National Development
Fund for Energy, Science and Technology [FNDCT] in Brazil; and another 40% in
developing research and development projects aimed at improving the Brazilian electricity sector, with the purpose of giving back to Brazilian society through reasonable
tariffs). In turn, Federal Law No. 13,203, of December 8, 2015, brought a change in
Law 9,991/2000. It authorized companies linked to the Brazilian Mines and Energy
Ministry (MME), as well as associates of the Electric Energy Research Center (Cepel)
to apply, alternatively, investments destined to R&D projects in compliance with
statutory obligations to provide institutional contributions to support and develop
Cepel. This allocated resources that previously reached several educational, research
and development institutions in national territory.
Cepel is considered a center of excellence in research aimed at improving the
Electricity Power System (SEP), having a relevant role in the continuous improvement of the Brazilian National Interconnected System (SIN) throughout its more
than 45 (forty-five) years of existence. However, R&D projects, according to the
original intention of Law No. 9,991/2000, once destined to the modernization of
the electrical system (as a way of meeting new demands and new realities that are
presented with the technological development in such a close manner and made
available society) end up meeting both price decrease and increase in energy availability. The Biogas Project is an unequivocal example of this condition, once when
developed on an adequate scale, it is able to provide an electricity source at the
consumption site itself. This reduces the demand for large transmission and generation structures, while minimizing installation’s environmental impacts (with the
interruption of improper wastes’ release into the environment).
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