Randolfe files an internal appeal against the decision of the president of the TRF1 that allows a 44.41% adjustment in the CEA tariff – News of Brazil
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Paulo Silva
From the Editor
The senator Randolfe Rodrigues, of Amapá, filed an internal appeal against the judge’s suspensive decision José Amilcar Machado, President of the Federal Regional Court of the 1st Region (TRF1) in action by the National Electric Energy Agency (Aneel). The president of TRF1 suspended the effects of the injunction issued by the Federal Court of Amapá that prevented the extraordinary tariff review of 44.41% in favor of CEA Equatorial, an electricity concessionaire in the state.
In the internal appeal, Randolfe says that the tariff increase violates the principle of reasonableness and proportionality, as it involves an average increase of 44.41% in the electricity tariff, after a previous increase of another 36.08%, processed recently, in the end of 2022.
For the senator, despite the argumentative gymnastics undertaken by the regulator (Aneel) to benefit the concessionaire (CEA Equatorial), the escalation in energy costs appears to be visibly unreasonable, putting a massive burden on consumers in the state of Amapá. This increase represents a total increase of more than 96% in less than two years, making electricity in Amapá the most expensive in the country. “It is worth noting that Amapá is an energy-producing state. In fact, contradictorily, after the incorporation of the Tucuruí Line into the CEA/Eletronorte system, Amapá; paradoxically went from the lowest electricity rate to the most expensive in the country”records Randolfe.
Furthermore, says an excerpt from the internal appeal, the measure constitutes a violation of the concession contract itself, since, according to its diction, extraordinary tariff reviews should only occur in cases of significant changes in the distributor’s costs that do not result from its action or omission .
For the senator, the way in which this review is carried out seems to be purely a function of the concessionaire’s claims, as a unilateralist wishful thinking, without taking care to unequivocally highlight the extraordinary imponderable, unrelated to the business and the parties, which causes blatant disproportion objectively based on economic-financial balance.
The internal appeal highlights that it is important to highlight that the maintenance of economic-financial balance does not apply when the private contractor’s initial proposal is, essentially, underestimated in terms of effective costs. Protection of the economic-financial equation, as we know, is not intended to allow the private contractor to present an extremely low rate proposal to win the bidding process and then maliciously request an increase in remuneration, intubating on the rate to the consumer their ruse.
Lawyer Rayssa Carvalho da Silva, who signed the internal appeal, states that the proposed increase (44.41%) violates the concession contract, which allows extraordinary tariff revisions only in cases of significant changes in costs that do not arise from the action or omission of the distributor, and highlights that the plausibility of the invoked right is also due to the lack of transparency and proof of the supposed investments used as justification for the tariff increase, which, it seems, were carried out at the expense of the Treasury and not of the individual that intends to absorb them into their own equity.
It also reports the imminent loss to consumers, taking into account that the tariff increase will cause an immediate impact, scheduled for the month of December/2023, on the family budgets of the people of Amapá, depriving them of the ability to plan financially and affecting their quality of life. Furthermore, the absence of solid and transparent justifications for the adjustment, as well as the lack of proof of investments, may indicate possible irregularity and abuse on the part of the concessionaire, which reinforces the urgency in suspending the tariff increase until the merits of the action be judged.
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