The board of ANEEL (National Electric Energy Agency) decided, unanimously, this Tuesday (7), to open a process that could lead to the cancellation of Enel's contract in São Paulo.
The Agency understood that there were "sufficient elements" to characterize the expiration of the concession. In rejecting the defense's arguments, the rapporteur of the process, Gentil Nogueira, voted to prevent the renewal of the distributor's contract.
"The occasional improvement in indicators or in the response to specific events does not negate the characterization of the service as inadequate, especially given the recurrence and severity of the episodes," the director stated.
The vote was supported by the other members of the board, including the director-general of ANEELSandoval Feitosa, in addition to directors Fernando Mosna, Willamy Frota, and Agnes Costa.
“We are evaluating a process that is repetitive and progressive. Although there is improvement in some indicators, it is still not considered adequate given the demands of service provision in the concession area,” said Feitosa.
What happens now?
With this decision, Enel São Paulo will have 30 days to present its defense to the Agency. After this stage, the ANEEL It will decide whether or not to recommend the termination of the concession to the MME (Ministry of Mines and Energy), which is responsible for the final decision.
The opening of the process also prevents the automatic renewal of the company's concession, which expires in 2028. The process analyzing the loss of Enel São Paulo's concession occurs amidst successive failures in the energy supply in the area served by the distributor.
The most critical episode was the blackout of December 2025which left nearly 5 million consumers without power. Since 2018, the company has accumulated more than R$ 320 million in fines imposed by ANEEL, related to service quality and lack of investment.
What does Enel say?
Contacted for comment, Enel São Paulo reiterated that the decision of ANEEL did not recommend the termination of the company's concession. ANEEL "The agency has initiated a procedure to evaluate the issue. Once all stages of the agency's evaluation are completed, the process may be archived or forwarded for analysis by the Granting Authority," the company highlighted.
The company also stated that it "will continue working to firmly demonstrate, in all instances, that it has fully complied with all indicators stipulated in the contract and in the recovery plan presented to the regulator in 2024."
The distributor also stressed that it has "full confidence" in the legal and technical foundations that guide its operations in Brazil. "Enel emphasizes that any decision regarding energy distribution concessions in the country must adhere to clear, previously and objectively established technical criteria, in an impartial manner."
According to the company, it is essential to "guarantee non-discriminatory treatment, predictability of punitive mechanisms, and contract security, respecting due process and the right to a full defense, principles that are indispensable for the legal security of the country."
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