The board of ANEEL (National Electric Energy Agency) unanimously rejected, this Tuesday (11), the appeal filed by Enel SP against the continuation of the process that could result in the termination (extinction) of the distributor's concession.
With the decision, the process continues. process opened in April of this year. to evaluate the service provided by the concessionaire, especially during major weather events recorded in its area of operation since 2023.
Director Fernando Mosna, who was the rapporteur for the appeal, voted to reject the company's claims and was joined by directors Sandoval Feitosa, Gentil Nogueira, Willamy Moreira Frota, and Agnes Costa.
“The initiation of this procedure is not an isolated measure, nor is it the agency's first response to a specific slip-up. On the contrary, it represents the culmination of a regulatory escalation built up over years, in the face of repeated failures and the lack of adequate service delivery,” Mosna stated.
What happens now?
The rejection of the appeal does not mean the immediate termination of Enel SP's concession. The forfeiture process still needs to go through other stages.
Last Friday (7), director Agnes Costa, rapporteur of the process, closed the instruction phase and granted ten consecutive days for Enel SP to present its final arguments.
After this stage, the process can proceed to the board of directors for deliberation. ANEELIf the Agency decides to recommend termination, the final decision on the termination of the contract will rest with the MME (Ministry of Mines and Energy).
What's behind the process?
A ANEEL The termination recommendation process was initiated after determining that Enel SP had not definitively corrected flaws previously identified by the inspection.
The analysis considers the distributor's performance during extreme weather events recorded in 2023, 2024, and 2025, which left millions of consumers without power in the São Paulo Metropolitan Region.
The most recent incident occurred in December 2025, when more than 4 million properties were affected and it took six days for the power supply to be fully restored. Enel SP, on the other hand, emphasizes that 80% of affected customers had their power restored within 24 hours.
In its appeal, the company questioned the criteria used by ANEEL to evaluate its performance, arguing that different methodologies were considered, including the simultaneous peak of affected consumers and the duration of the interruptions.
The Agency rejected the argument and understood that the indicators are complementary. According to the approved vote, the evaluation considers not only the percentage of consumers served within 24 hours, but also factors such as the duration of interruptions, contingency plan, and mobilization of teams.
Enel also claimed that, in 2023 and 2024, the parameters for evaluating the performance of distributors in the face of extreme weather events were still under development. ANEELHowever, it was understood that the faults had already been formally reported to the concessionaire based on the rules in force.
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Comments (1)
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I don't think Enel is 100% to blame; it was an environmental disaster, hundreds of trees fell due to the storms. And tree maintenance is not Enel SP's responsibility.