MT Court grants new injunction in favor of B Optantes consumers

A Justice of Mato Grosso granted one more injunction favor him to consumers that fall within the category B Opting – those that, although served at medium or high voltage (i.e. Group A), can choose to be billed in the same way as low voltage ones (Group B). 

In the last week, 8th Civil Court of the region determined that all associates of Syndenergy continue to remain within this revenue category, regardless of their characteristics or projects. A decision addendum to one order of collective security done by the union itself.

Shortly before that, on May 12, the the same judicial body also published an favorable decision of the same order for the credit unions of Central Centro Norte, affiliated to Sicredi.

They fall within category B Optante, for example, the industries and the large commercial establishments, who have always had the possibility of being part of this billing class, which does not require estimated payment for the contracted demand, only energy consumption and other charges. 

However, with the publication of the regulation of Law 14.300 from ANEEL (National Electric Energy Agency) the rules have changed so that consumers that were part of the Group B Opting to return to billing Group A. 

In this sense, both in the requests from Sindenergia and Sicredi, the juízes Socrates Leao Vieira and Ana Paula da Veiga evaluated that it would not be fair to subject these consumers to the new rules, since they presented the requirements to be part of the Optante Group B long before the regulation of ANEEL be published.

According to the lawyer Barbara Rubim, specialist in electricity sector regulation and CEO of Bright Strategies, decision taken by the Mato Grosso Court represents a victory for legal security of Brazil. 

“It is very important that we start to see more and more movements from the judiciary showing that the law needs to be respected. The consumer who decided to make the investment relying on the regulations existing at the time of their decision needs to be respected”, he commented. 

On her social networks, the executive also highlighted “if you have had or are being harmed because of some arbitrary decision like the ones we have seen regarding regulation in recent months, complain! Don’t remain silent and look for your rights,” she highlighted.

Pedro Dante, energy and infrastructure specialist at Lefosse Advogados, also agreed with the judge's decision. For him, ANEEL exceeded all limits of its competence when modifying the classification of B Optante consumers at the time of the regulation of Law 14.300.

“At the time of Resolution 482 and in all legislation, it was the consumer's right to choose to be a B Optante and join the energy compensation systems. ANEEL created conditions that she could not have done”, he stated.

Also according to Dante, the Mato Grosso Court made another important decision that could serve as a precedent for other jurisdictions to do the same. “It is still a first-instance decision. It is not a Court decision, but it is very important for the solar sector. Without a shadow of a doubt,” he concluded.