The Federal Court asked the National Electric Energy Agency (Aneel) to explain why it decided to facilitate the renewal of the concessions of electricity distributors without paying the fines imposed by the agency itself. 
Together, 15 companies accumulate R $ 1.18 billion in fines and are responsible for the distribution of electricity in 12 states: Bahia, Ceará, Mato Grosso, Mato Grosso do Sul, Pará, Paraíba, Pernambuco, Rio de Janeiro, Rio Grande do Sul, Sao Paulo and Sergipe.
Fines are applied when concessionaires fail to provide service or fail to set goals defined in contracts. Some of these fines are still being questioned in court.
Cities in the dark
Among the companies that gained the chance of having the contract renewed without paying off the debts is Enel (National Electric Energy Entity), which left several cities in São Paulo for long periods in the dark in 2023 and 2024. In São Paulo alone, Enel accumulates almost half of the total amount R $ 517.8 million in fines. According to the audit of the Comptroller General of the Union (CGU), the company failed to activate the contingency plan and contributed with blackouts that affected the state.
The decision that facilitated default was made by Aneel’s collegiate board on February 25. At the meeting it was decided that the fines can be charged up to six months after the concessions are renewed. Once renewed, these concessions are effective 30 years.
The Federal Court fired Aneel due to a popular action opened by residents of São Paulo, Minas Gerais and Tocantins. The lawyer who represents the cause, Gerson Rozo, explains that those who triggered justice are not mere users of electricity.
“They are not complaining about the consumer’s right. They are not complaining such, at such a day, on such a day, they have been without light. They are citizens questioning the fact that there is a highly important, essential service regulatory agency. A supervisory body who is expected to comply with the law, complying with the contractual rules, this body simply relieves to the concessionaires to the detriment of administrative,” Roll.
Concession Renewal
Aneel’s decision coincides with the period of renewal of current concessions. At the end of March, Aneel reported that 19 companies which will have the contracts closed by 2031 sent the renewal request, including all 15 default companies.
One of them had the renewed concession: EDP Espírito Santo. According to Aneel, EDP had no open fines.
For Rozo, the flexibility Aneel is trying to ensure companies is very different from the reality of ordinary people who also have debts with the state.
In a statement, Aneel reported that it is up to the agency to assess whether the concessionaires are complying with the necessary conditions for the renewal of contracts, but that the final decision of the renewal is from the Ministry of Mines and Energy and that it has recommended to the ministry that there is a discharge of fines suspended by court decision before the concession renewal ”.
Aneel also reported that it has not yet been triggered by the court, but will comply with the 72 -hour period established in the process to comment.
Approved draft
The Ministry of Mines and Energy (MME), also in a statement, said it approved the draft that allows the renewal of contracts, but on the discharge of administrative fines with res judicata in court within 180 days concluded “by the legal impossibility of inclusion of this requirement”.
The MME also said that, after Aneel forwards the recommendations on each of the power distributors contracts, it will deliberate “by contractual extension or for new bidding.” Finally, it ensured that dealers who do not meet the required criteria will not have renewed contracts.
