O TCU (Federal Court of Auditors) analyzed the process of opening the Free Energy Market and identified significant flaws, such as the absence of an AIR (Regulatory Impact Assessment) and the lack of treatment of important risks, such as the impact on the over-contracting of energy by distributors.
With the publication of Ordinance no. 50 / 2022 by the MME (Ministry of Mines and Energy), all consumers connected to high voltage were authorized to migrate to the free market from January 1, 2024.
Between January and June 2024, around 11 thousand consumers, including small businesses, hospitals, hotels and condominiums, chose to stop purchasing energy from distribution companies.
The TCU recommended that the MME present the objectives of the market opening policy, as well as an assessment of the impacts caused in the sector. The Court also determined that the MME and the ANEEL (National Electric Energy Agency) develop an action plan to fill the gaps identified in the analyses carried out.
Furthermore, the TCU criticized the delay in improving the regulation of retail sales, pointing out that this measure should have been adopted before the market opened. The agency also warned that this failure cannot be repeated.
The Court also highlighted weaknesses in competition between retail traders, in consumer protection and in data processing. The lack of adequate competition regulation could lead to the concentration of traders linked to distributors, which would result in low competition and high prices.
“The opening of the market must be conducted with due care and with adequate management of all risks involved, in order to guarantee a quality, efficient service at affordable prices for consumers,” said Minister Antonio Anastasia.
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