Aneel determines 0% readjustment in the energy of Amapá until Lula’s provisional measure comes out – News of Brazil

Cleber Barbosa
From the Editor

The soap opera that became the readjustment of Amapá’s electrical energy gains new chapters, after a long session of the board of directors of the National Electric Energy Agency (Aneel) on the afternoon of this Tuesday (26). By 3 votes to 2, the majority of the regulatory agency’s directors postponed the merit of updating the energy tariff requested by the Amapá Energy Concessionaire, the CEA Equatorial.

The session opened with the vote of Aneel’s general director, Sandoval Feitosa, that there were requests to see the process and presented his understanding to the other collegiate colleagues. He agreed to grant a 34.5% adjustment to Amapá’s energy tariff, but only after 60 days. “The Civil House of the Presidency of the Republic expressed its intention to issue a Provisional Measure by the first week of April, so I understand that we must wait for it to come out so that, once it is fully operational, it can regulate this matter”he said.

Right due

The rapporteur of the process, director Fernando Mosna, In a long reading of his vote, he contextualized the scenario in which the state CEA was succeeded by Equatorial, that is, a situation of insolvency and not even a properly active concession. For him, this is a very complex issue, but one that the Brazilian state cannot fail to resolve.

In a legalistic tone, he said that contracts must be fulfilled and that the energy concession, which went through all the stages up to the final auction, under the responsibility of BNDES, until the agreement of Concession Contract 001/2021, which provides exactly the updates tariffs within the due periods.

But he recalled that due to the liabilities inherited from the state CEA, if all due adjustments were applied, today the increase in energy tariffs in Amapá would be in the order of 82%. “Something that the already penalized Amapá consumer could never assume, a state with the worst economic indicators in the country”, he pondered.

More deadline

Finally, with the favorable votes of the Mosna and the accessions of Ricardo Lavorato It is Hélio Guerra, and the vote against Agnes Aragão, it was determined that until December 12th of this year there will be no readjustment in Amapá’s energy tariff, but that with the publication of an MP promised by Planalto, a new regulation must be published for the issue, duly preceded by calculations by the Tariff Management Superintendence and Economic Regulation (STR), yet to be submitted for approval by the Board.

The rapporteur Fernando Mosna, Finally, he said that although complex and time-consuming, the debate on Amapá’s electricity sector is progressing and could define the sector’s policy as a whole, but without ever failing to observe regional aspects and realities. “The objective is not to penalize the concessionaire, but in reality it is to address the local issue, which is the payment capacity of consumers in Amapá”, concluded.

Mitigation

But the day wasn’t just bad news for the CEA Equatorial. With the definition of the regulatory asset, even at 0%, it will be entitled to receive resources related to the Fuel Consumption Account again. (CCC), which covers the cost of servicing isolated systems, and the Energy Development Account (CDE), which collects charges charged to the electricity bill to pass on to distributors.

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