The blackout that hit São Paulo this week deepened an already existing crisis in Enel's concession area, bringing together criticism of service quality, pressure from regulatory bodies, questions about unpaid fines, and new episodes that once again call the company's performance into question.
The governor of São Paulo, Tarcísio de Freitas (Republicanos), stated this Thursday (11) that he defends intervention in the distributor in the face of yet another large-scale blackout.
According to him, the concessionaire's performance has been insufficient to restore the power supply and adequately fulfill contingency plans.
Tarcísio pointed out that the complete restoration of service should still take a few days, due to the scale of the incident and the available infrastructure in the field.
"That's what we need to seek (intervention in Enel). We can't remain hostage," he declared during an event for the delivery of social housing in Carapicuíba (SP).
Despite the criticism, Tarcísio reiterated that the management of the concession contract is the responsibility of... ANEEL (National Electric Energy Agency), highlighting that the state government does not have direct regulatory instruments to demand operational changes from the distributor.
Enel São Paulo under scrutiny by the TCU (Brazilian Federal Court of Accounts).
The possibility of administrative intervention in Enel began to be analyzed internally after the technical area of the TCU (Federal Court of Accounts) recommended it. ANEEL The preparation of studies on the risks, impacts, and consequences of this measure.
The intervention is seen by the state government as an alternative to the termination of the contract. According to Tarcísio, the intention would be to compel investments in the modernization of the electrical grid, provided that the operation remains financially viable.
The governor also advocated for dividing the concession area of the Metropolitan Region into two contracts, which, in his view, would facilitate oversight and the enforcement of service improvements.
Enel's contract in São Paulo expires in 2028. The concessionaire had requested early renewal, but the process was suspended by a decision of the São Paulo courts.
Blackout affected more than 2 million properties.
According to data from the ANEELMore than 2 million properties were left without power last Wednesday (10), which represents 31,81% of Enel's concession area.
The Agency has determined that the company must submit, within five days, a detailed report explaining the concessionaire's performance in restoring the system after the passage of the extratropical cyclone.
History of fines reinforces criticism of the concessionaire.
In the past five years, the ANEEL The agency imposed five fines on Enel São Paulo, totaling more than R$ 374 million. The largest of these, R$ 165,8 million, was imposed due to the blackout that occurred in November 2023, the largest penalty ever imposed by the agency in the entire electricity sector.
To date, only two fines have been paid: one of R$ 12,7 million, relating to a 2019 case, and another of R$ 16,2 million, related to a 2021 infraction. In addition to the penalties of... ANEELThe São Paulo consumer protection agency (Procon-SP) issued eight fines to the concessionaire between 2019 and 2024, totaling R$ 78,9 million. None of them have been paid so far.
New controversies increase friction.
Even with thousands of consumers still without power, Enel São Paulo reported that there is no set date for the complete restoration of supply in the capital and Greater São Paulo.
The situation generated a strong reaction from the population, especially after images were released showing maintenance vehicles parked in the company's yard, while neighborhoods remained in darkness.
Another episode that worsened the crisis occurred this Thursday (11), when an employee of a third-party company that provides services to Enel São Paulo was arrested in flagrante delicto for passive corruption.
According to the SSP (Public Security Secretariat), the man admitted to charging R$ 2,5 to illegally reconnect electricity to a property in Vila Mariana. The case was taken to the police station by the sub-prefect of the region.
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