The board of ANEEL (National Electric Energy Agency) has finally concluded the concession process for EDP Espírito Santo. The board decided, by majority, to recommend to the MME (Ministry of Mines and Energy) the extension of the electricity distribution concession contract, in addition to forwarding the draft of the 5th amendment.
The decision came after months of uncertainty, and now tends to reassure other dealerships awaiting similar judgments.
At the end of the vote, general director Sandoval Feitosa called an internal meeting with the other directors and technical teams to define the next steps with the dealerships.
However, director Ricardo Tili, who is finishing his term as head of the regulatory agency, highlighted that the decision taken takes away from ANEEL the right to express an opinion on this topic.
“This needs to be made clear so as not to create legal uncertainty. After this vote, the agency will no longer be able to make value judgments. If the service is considered adequate and efficient, it will continue,” he said.
Sandoval stressed that the technical areas are awaiting the decision to proceed with the next processes. “The idea is for the board to talk to the areas to instruct them on how they will proceed. We only have to make some internal decisions,” he explained.
The previous week, director Fernando Mosna had presented a separate vote, which did not win the majority of the leadership, starting with the rapporteur, director Ludimila Silva.
Tili made a new request for review and presented his vote, which was only supported by Mosna. Ludimila, Sandoval and director Agnes Costa were in favor of renewing the concession. EDP Espírito Santo's contract dated back to 1995.
Besides him, there are 19 other requests for extension of electricity distribution concessions on the regulatory agency's agenda. The lack of a clear position from the board of directors ANEEL brought uncertainty to the sector, with agreements having to go through the agency's Attorney's Office or other departments, without a set rule.
In the coming weeks, the board should move forward with these processes, including because some are under the reporting of Tili, who has a mandate until the end of May. ANEEL spent the second half of 2024 with one less director, since the departure of Hélvio Guerra, in May of that year.
Tili's imminent departure, however, did not tend to cause many ties, as it usually did. This was because he and Mosna were quite in agreement in their votes, while Sandoval and Agnes were on the other side.
A Ludimila's arrival, in January of this year, as deputy director, she broke the tie in several cases, most of them in favor of the general director and the director.
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