The Permanent Auction Committee of ANEEL The Brazilian National Electric Energy Agency (ANS) rejected the appeals filed by Âmbar Energia, which sought to alter the results of the LRCAP (Capacity Reserve Auction in the form of Power).
The technicians concluded that the problems reported by the company stemmed from its own actions during the bidding process and not from system failures.
In the case of the Santa Cruz thermoelectric plant, the inability to participate in different stages of the auction was a consequence of decisions made by the company itself during the public session, coupled with an inadequate interpretation of the rules, the Commission noted.
The technicians also highlighted that Âmbar did not participate in a prior data validation phase, held the day before the auction, a moment considered essential for adjustments to the participation strategy.
Regarding the Araucária II plant, it was understood that the company had previously accepted the conditions for classification as an existing project, including price limits and contractual deadlines.
The attempt at a subsequent review was deemed incompatible with the rules of the tender, since the bids submitted during the auction are treated as final.
Economic impact
The technical analysis also took into account the financial effects of a potential revision of the results. According to the calculations presented, the requested repricing could generate an increase of R$ 4 billion over the course of the contracts, an amount that would be passed on to consumers and the agents responsible for paying the system charges.
Therefore, the commission concluded that accepting the requests would imply significant additional costs and compromise the predictability of the competitive process. The decision will still be submitted to the board of directors of Aneel, responsible for the final analysis at the administrative level.
MP-TCU
At the same time, the MP-TCU (Public Prosecutor's Office at the Federal Court of Accounts) submitted a representation requesting the suspension of the LRCAP. The request was based on the existence of possible irregularities in the competitive process, classified as a "competitive anomaly".
Among the suggested measures is the suspension of the signing of contracts for projects that raise doubts regarding their technical or financial viability. The MP-TCU (Federal Public Prosecutor's Office at the Court of Accounts) also proposed conducting due diligence to verify the ability of the winning bidders to fulfill the commitments made in the auction.
The representation also mentions aspects raised in Âmbar's appeals, such as the reclassification of projects and operational limitations during the auction. Furthermore, it points to the need for an investigation into the actions of certain participating economic groups, including an analysis of their project delivery history and corporate structure.
Developments
The MP-TCU also requested the opening of a specific audit and the sharing of information with other bodies, such as the Federal Public Prosecutor's Office and the Federal Police, should irregularities be identified.
The analysis should be conducted within the scope of the Federal Court of Accounts, which already has other proceedings related to the auction, including discussions about the economic parameters of the bidding process.
With the rejection of the appeals by Aneel and the opening of questions at the TCU, the LRCAP becomes the object of parallel evaluations, maintaining uncertainties about the consolidation of the results and the continuity of the contracts foreseen in the auction.
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