O MPPB (Public Ministry of Paraíba) recommended to the Energisa Paraíba a immediate suspension of retroactive ICMS collection (Tax on Circulation of Goods and Provision of Services) about TUSD (Distribution System Usage Tariff), for the period from September 2017 to June 2021, in the energy bills of all consumers using solar energy.
O organ state also recommended that the distributor refrain from “making new undue charges, to deny the names of any consumers who eventually fail to pay abusive invoices and to reimburse them for debts paid unduly, granting credits on invoices due”.
A recommendation was issued this Friday (2), by the 45th prosecutor of João Pessoa, Priscylla Miranda Morais Maroja.
O document integrates the civil inquiry 002.2024.042837, established to investigate the abusiveness of retroactive charging on consumers' energy bills.
According to the prosecutor, was found that the distributor is charging ICMS tax on consumers' energy bill tariffs in an abusive manner, violating the Consumer Protection Code and the Normative Resolution 1.000/2021 da ANEEL (National Electric Energy Agency).
According to the Resolution of the Regulatory Agency, Energisa Paraíba, in the case of billing incorrect amounts, may charge consumers and other users for amounts not received, limited to the last three billing cycles immediately following the current cycle.
In the case of underbilling or no billing, limited to the last three billing cycles immediately preceding the current cycle, the distributor must split the payment into a number of installments equal to twice the period in which the error or lack of billing occurred. , or, at the request of the consumer and other users, in a smaller number of installments, including the installments in subsequent electricity bills.
For the Public Prosecutor, the collection of past debts, relating to the period from September 2017 to June 2021 from consumers, is in disagreement with the provisions of Article 323 of the Resolution of ANEEL.
“Energisa is failing to comply with sector standards, which constitutes an abusive practice, according to article 39, item VIII, of the Consumer Protection Code. Administratively, only invoices from the previous three months can be charged and the Regulatory Agency of the State of Paraíba, ARPB (Regulation Agency of the State of Paraíba), has already ordered the suspension of the charges that were made.
Furthermore, prosecutor said consumers were not informed in advance about the charge, through individualized calculation memory. “The method of charging carried out by Energisa constitutes an affront to the Consumer Protection Code”, he argued.
A Energisa has five days to comply with the recommendation, and must present to the Public Prosecutor's Office information about the measures adopted in relation to the recommended measures and publish the ministerial recommendation on its email address and social networks, so that broad knowledge of its content is given, as per the provision set out in article 27, paragraph sole, item IV of Law No. 8.625/93.
“Non-compliance will lead the MPPB to adopt the appropriate measures to hold it accountable for any future events attributable to its omission, with the application of civil, administrative and judicial sanctions, including a claim for collective material damage”, highlights the Justice body.
all the content of Canal Solar is protected by copyright law, and partial or total reproduction of this site in any medium is expressly prohibited. If you are interested in collaborating or reusing part of our material, please contact us by email: redacao@canalsolar.com.br.
