In practice, the decision prevents the ANEEL (National Electric Energy Agency) will officially announce, this Tuesday (9), the contracts with the winners of the tenders for contracting thermal power plants powered by natural gas, coal, diesel oil and biofuels.
On May 21, the Agency approved the results for products with supply starting in 2026. Approval was still pending for contracts with deliveries between 2027 and 2031.
Although he granted the preliminary injunction, the judge acknowledged that the case is related to another ongoing lawsuit in the 6th Federal Civil Court of the Federal District. Therefore, he ordered the case to be sent to that court for merit review.
The lawsuit was filed by FIEC (Federation of Industries of the State of Ceará) and Sindienergia (Union of Energy and Electrical Sector Services Industries of the State of Ceará) against the Federal Government, EPE (Energy Research Company), Aneel (National Agency of Electric Energy), and ONS (National System Operator).
The organizations question the legality of the auctions and point to alleged flaws in the contracting process. Among the main arguments are the volume of plants contracted, the low competitiveness observed in the bidding processes, the reduced discounts, and the contracting of fossil fuel plants for periods of up to 15 years.
According to the authors, the outcome of the auctions could put pressure on electricity tariffs, with a more significant impact on industry. The estimate presented in the lawsuit points to an increase of approximately 10% in energy bills for consumers in general and about 20% in costs for the industrial sector.
"This percentage increase reflects an estimated cost of between R$ 810 billion over the term of the contracts (10 to 15 years), which would be fully passed on to tariffs through the Capacity Reserve Charge (ERCAP)," the lawsuit states.
FIEC and Sindienergia argue that the government should reassess the contracting process, considering technological alternatives that, according to the organizations, could offer greater efficiency to the system, such as energy storage systems, demand response mechanisms, and hydroelectric plants with reservoirs.
In granting the injunction, the judge understood that the arguments presented deserve immediate analysis, given the amounts involved and the potential impacts on consumers and businesses.
One of the points highlighted in the lawsuit is the low competitiveness of the auctions. While the bidding for oil-fired power plants registered an average discount of 48,4%, the products destined for gas and coal-fired thermal power plants showed an average discount of only 5,52%, with some lots reaching discounts of only 0,28%.
According to the process, the contracting of gas and coal-fired power plants alone represents an estimated cost of R$ 262 billion over the duration of the contracts.
The organizations also argue that maintaining these contracts tends to consolidate a high cost structure for the electricity system for many years, with repercussions for the entire production chain and for end consumers.
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