With the collaboration of Wagner Freire.
By majority, the board of directors of ANEEL (National Electric Energy Agency) denied this Tuesday (18) a request from Abradee (Brazilian Association of Electric Energy Distributors) that aimed to avoid new losses for the sector regarding the 2025 tariff adjustment cycle.
The regulatory agency's understanding was to reject a precautionary measure that aimed to analyze the impacts of non-technical losses, based on the previous two years. The Agency has always considered the issue complex, due to Brazil’s regulatory fragility.
Energy distributors are now waiting for the date of February 28, when the ANEEL must complete a Technical Note to your final decision.
Tuesday's decision has already been postponed, as the trial had been tied for a week, awaiting the decisive vote of director Ludimila Silva, who was not present at the previous meeting.
She ed the votes of general director Sandoval Feitosa and director Agnes da Costa, who considered that the requirements to meet Abradee's request were not present.
In turn, Fernando Mosta and Ricardo Tili understood the presence of these requirements, especially due to the delay in the assessment of the process by the ANEEL.
History of the ime
The topic began to be debated in ANEEL in December 2022, when Subsidy Call No. 28/2022 was opened.
At the time, the technical area of the regulatory agency proposed the possibility of approving non-technical losses based on the measured low-voltage market, instead of the billed one, with the aim of simplifying the database and the calculation of these losses.
Between March and May 2024, the ANEEL opened Public Consultation No. 9 to continue the discussion and gather external opinions from sector agents.
At the time, the Agency carried out an RIA (Regulatory Impact Analysis) and proposed four alternatives to solve the problem, with the preliminary choice being to calculate non-technical losses based on the measured market.
For Abradee, this approach would solve the problem, however, there are still disagreements on other points that could impact energy consumers.
Although reporting director Agnes acknowledges the problem and the impacts on distributors, Public Consultation 009/2024 is still in the final stages.
Therefore, she considered that granting a precautionary measure anticipating the effects of a regulation under discussion would be hasty.
“This would be a very dangerous precedent, if accepted, given the complexity of the matter and the result that will come into effect after the conclusion of the Public Consultation”, highlighted Agnes in her vote.
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