The TCU will individually monitor, through specific inspections, all electrical energy distribution concessions – which do not fall within the provisions of Law 12.783/2013 – that are extended by decision of the Granting Authority which, in this case, is the MME (Ministry of Mines and Energy).
The unanimous decision was taken by TCU ministers in the plenary session this Wednesday (24). The topic had already been presented to the plenary on December 13th of last year, but at that time it was removed from the agenda.
The process TC 006.591/2023-0 was reported by minister Antonio Anastasiae focused on evaluating the Executive Branch's guidelines for ongoing concessions for the distribution of electricity.
“This Court's actions in the process have always taken into account that the decision to hold a new tender or extend the concession contracts for the energy distribution service is the prerogative of the Granting Authority. Thus, our inspection actions were mainly preventive in nature, with the aim of ensuring that the necessary measures to comply with the law were adopted. In this way, there was absolute respect for the competences of the legislator and the Granting Authority, represented by the Ministry of Mines and Energy”, stated Anastasia.
In the decision, the Court determined that it will closely monitor the renewal of electricity contracts, evaluating each case, analyzing whether it is important, relevant, timely, risky and whether it is within the deadline. This will be done to ensure everything is correct.
In his report, Anastasia highlighted Law 9.074/1995, which allows for the extension of electricity distribution concessions that are about to expire, if the Granting Authority so decides. The same law establishes that the Granting Authority must express an opinion on the possibility of extending these concessions 18 months before the end of the contracts.
“Of the expiring concessions, the first with a contract to end will be EDP Espírito Santo Distribuição de Energia SA (Antiga Escelsa), on July 17, 2025. The deadline established in art. 4th, § 4th, of Law 9.074/1995, for the aforementioned concession fell on January 17, 2024, without there having been a due manifestation from the Granting Authority”, observed the minister.
In the opinion of the president of the TCU, minister Bruno Dantas, the topic is important and highlighted that the TCU will monitor each renewal process.
“Minister Anastasia brings us a safe safeguard that each renewal process will be subject to individual analysis because it is exactly in these processes that we will carry out our primary function of external control and will verify whether the legal and economic modeling is in line with what the Constitution of the Republic, the country’s laws and best national and international practices recommend it”, highlighted Dantas.
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