SAO PAULO (Reuters) – The Special Court of the Superior Court of Justice (STJ) on Wednesday accepted a request from the National Electric Energy Agency (Aneel) to withdraw the Risoleta Neves Hydroelectric Power Plant, paralyzed since 2015 after being hit by the disaster in Samarco, from the Energy Reallocation Mechanism (MRE).
In the decision, the collegiate unanimously followed the vote of the president of the STJ, Minister Humberto Martins, in favor of the review of the previous decision that had rejected Aneel’s request.
For the minister, if Aneel’s request was not accepted, it would bring economic losses to consumers and indirectly benefit mining company Vale, one of the owners of the hydroelectric plant and also a partner in Samarco, a joint venture in which it has a partnership with BHP.
Vale is a partner in the Candonga Consortium, operator of the plant, which had been receiving transfers –although the unit has been out of service since 2015–, through the electricity sector’s risk-sharing system that works as a condominium.
According to a note published on the STJ website, as the hydrological risk of the plants is assumed by energy buyers, the impact of the more than 424 million reais already paid to the Risoleta Neves hydroelectric plant would affect the consumers of the distribution concessionaires.
Martins pointed out that Samarco, “directly responsible for the environmental disaster that caused the siltation of the Risoleta Neves Plant’s reservoirs”, has Vale as a shareholder, while the Candonga Consortium is also controlled by the mining company.
He recalled that the consortium continued to receive revenue from the sale of energy without real generation, to the detriment of resources generated by other plants that are part of the MRE system.
Previously, Vale stated that it submitted a proposal to Aneel for payment of all amounts resulting from the shutdown of the unit, affected by the Samarco dam.
(By Roberto Machel)
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