04/09/2024 – 21:46
The Federal Court of Auditors (TCU) decided this Wednesday, the 4th, to shelve a case regarding possible irregularities committed by the board of the National Electric Energy Agency (Aneel).
The case involves the authorization of the regulatory body to maintain the amount of hydrological risk (borne by consumers) in the hydroelectric generation of contracts relating to the Teles Pires, Jirau and Santo Antônio Hydroelectric Plants (UHEs).
Since 2015, the electricity sector has undergone changes in the allocation of costs arising from hydrological risk. The government at the time issued Provisional Measure (nº 688/2015), allowing the renegotiation of this risk. As a result, a counterpart was established for generators through the payment of risk premiums and the costs of hydrological risk began to be borne by consumers.
“Despite the plausibility of the allegations regarding the proportionality between the hydrological risk and the volume of contracted energy, no patent illegality was found in Aneel Dispatch 2,431/2023, nor was there evidence of violation of the principles of equality and free competition,” cites the TCU.
According to data from Aneel, presented by the technical area of TCU, consumers assumed the cost of R$ 33.5 billion or R$ 48.25 per MWh renegotiated between 2016 and 2021, as a result of all renegotiations in the period.
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