In compliance with a preliminary injunction from the Federal Court, the ANEEL (National Electric Energy Agency) temporarily removed from the agenda the continuation of the analysis of the process that could lead to the termination of Enel SP's concession. The case was scheduled to be resumed this Tuesday (24).
The measure comes after the court accepted arguments from the distributor regarding potential prejudice to the right to a defense. The company alleges that the vote of the CEO of... ANEELSandoval Feitosa (who favored the termination of the concession) submitted his statement before the deadline.
For the MPF (Federal Public Prosecutor's Office), however, the suspension of the trial could have negative impacts on the population, considering the recent history of power supply failures in the state and the need to guarantee the adequate provision of an essential service.
early vote
On February 24th, the board of directors of ANEEL It was decided, by three votes to two, to extend by 30 days the deadline for analyzing the Enel SP forfeiture process. As a result, the judgment, initially scheduled for that date, was transferred to the meeting this Tuesday (24), which ended up not taking place due to the court's decision.
At the time, the Agency's Director-General, Sandoval Feitosa, voted against extending the deadline and anticipated his vote in favor of the concession's termination – that is, in favor of the distributor losing the contract. This premature stance generated internal questioning and ultimately motivated Enel-SP to file a request for suspension in court, which was eventually granted.
Next Steps
For the Enel-SP trial to proceed, the injunction must be overturned – either through an appeal by the Attorney General's Office (AGU) or by the Public Prosecutor's Office itself. If this happens, the case can return to the agenda of the court. ANEEL.
In response to Canal Solar, Enel-SP stated that the decision to file a writ of mandamus (upheld by the courts so far) seeks to ensure that the debate on the company's concession "takes place in a technical environment where regulatory and legal security are guaranteed and the interests of society are preserved."
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