Estudo da regulação do setor elétrico brasileiro: análise do processo de fiscalização em parques eólicos no Estado do Ceará no período de 2010 a 2016

Abstract

The present paper intends to conduct a study of the regulation of the Brazilian electric sector, with emphasis on the analysis of the inspection process of wind farms in the state of Ceará from 2010 to 2016. With regard to the Brazilian energy matrix, wind energy presented considerable growth in 2015, providing 3.5% of the country’s generation. This value in relation to 2014 represents a growth of 77%. In Ceará, the wind power source accounts for 27.03% of the state energy matrix, characterizing the state as one of the main states generating electricity through the country’s wind power source. The sector’s regulation began in the 1930s. In the 1990s, the government initiated the National Privatization Plan (NPP), modifying the role of power generation from the public sector to the private sector, assigning to the State, regulate and inspection the electric sector. In 2004, the main regulatory entities of the electric system were created, which their performance and hierarchy are explained and exemplified in this paper. About the commercialization of energy, it is carried out through auctions, always guaranteeing the lowest price to be passed on to society. The wind farm inspection process was explained, and a case study showed the basis of the law for application of nonconformities and the method of calculating the fine. A total of 153 inspections were carried in Ceará, and 400 detections were observed. Only 48 detections resulted in a fine, that is, only 12% of the total, showing the educational nature of the inspections. Of the 48 findings, the most frequent, with 21 findings, was the non-compliance with the plant’s implementation schedule, followed by the non-existence of a plant maintenance program. The total amount collected in fines was R$ 1.292.781, 42. 51% of which was collected in 2014