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Public Defender of RN Investigates Unexpected Increases in Bills for Those Who Use Solar Energy and Points Out Possible Irregular Charge of ICMS and Public Lighting Fee.
Solar energy, which until recently was seen as a synonym for savings and energy freedom, has now become a cause for outrage in Rio Grande do Norte.
Consumers who installed solar panels to reduce costs report an unexpected increase in their electricity bills.
In light of this, the Public Defender’s Office decided to take action. The agency opened a procedure to investigate changes in tax charges that may be inflating the bills of those who produce their own electricity.
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The movement is already causing tension in the sector. After all, thousands of families invested heavily to enter the world of solar energy. And now they feel betrayed by charges that, according to them, were not part of the deal.
Public Defender Steps In and Threatens Class Action
First of all, it is important to understand that the Public Defender’s Office is not only analyzing isolated cases. According to the agency, the problem seems to affect a large number of consumers who use solar energy microgeneration and minigeneration systems.
Therefore, a “preparatory procedure” has been opened that may later result in a class action against Neoenergia Cosern, the company that distributes energy in the state.
According to the Public Defender’s Office, several complaints have arrived in recent months. All relate to the same pattern: bills increased after a change in the way the public lighting fee and ICMS were calculated.
What Would Be Charged Irregularly
Among the main points raised, one draws attention. The public lighting fee would be calculated on the total consumption of the property. This includes the energy that the customer generated with their solar panels and later compensated on the grid.
According to the Public Defender’s Office, this would be a unilateral change in the tax calculation base. In other words, something done without notice and without prior discussion.
Furthermore, there are questions about ICMS. Consumers claim that the tax is being charged without transparency. They say they cannot clearly identify what the calculation basis is or the legal reason for the charge.
What the Distributor Says About Solar Energy
When contacted, Neoenergia Cosern stated that it has not yet been officially notified about the procedure. Even so, it commented on some points.
Regarding the ICMS, the company declared that the billing of the subsidized portion of the Energy Development Account follows State Decree 128/2025, which exempts the tribute charge until December 31, 2026.
As for public lighting, the distributor stated: “Regarding the Public Lighting charge, which directly reflects on the final bill amounts, billing is being carried out in accordance with each municipality’s legislation, considering the total consumption of the property. The charge is defined by each City Hall and is intended exclusively for the funding of this service. It is important to remember that Neoenergia Cosern is merely a collection agent for the Public Lighting Contribution, which is passed on to municipalities.”
Public Defender Sees Possible Collective Damage
For defender Rodrigo Lira, who is conducting the investigation, the signs are troubling. He stated:
“We have started to receive, repeatedly, complaints from consumers who invested in solar energy generation systems and who have begun to notice significant changes in their electricity bills, without any clear or prior explanation. Upon analyzing the bills and the documents presented, we found that these were not isolated situations, but rather a billing pattern that could be affecting a significant number of users”.
The Public Defender’s Office also reminds that the Consumer Defense Code requires clear information and prohibits charges considered excessive.
Furthermore, the agency points out that charging public lighting on energy that the consumer generated themselves distorts the purpose of the tax.
As for the ICMS, the Public Defender’s Office argues that energy compensation would be akin to a free loan, not a sale.
Therefore, the tax should not exist in this case. Courts in other states have reportedly accepted this thesis.
The distributor has 15 days to explain everything. Secretariats and city halls have also been notified.
In your opinion, are those who invested in solar energy being punished for trying to save and produce their own energy? Which group’s interests are being served by this injustice?
Os cidadãos geradores de energia solar estão sendo penalizados por gerar energia para si e, consequentemente, ajudar o pais que depende muito dos reservatórios dd água. Na minha ótica, o cidadão que ajuda o país deveria receber um prêmio, e não “**** no lombo.” E segue o baile no eterno país de terceiro mundo, onde traficante de drogas é vitima dos usuários.