Last Friday (29), the STJ (Superior Court of Justice) minister, Gurgel de Faria, granted an injunction in favor of Eneva, suspending the flexibility criterion of the Capacity Reserve Auction, known as Factor A.
The flexibility of a plant refers to its ability to start up, stay on, and shut down quickly, depending on the dispatch need. Factor A is an index that combines this flexibility with the CVU (Variable Unit Cost). The more agile this process is and the lower the CVU, the more competitive the plant will be in the bidding process. Eneva operates a group of combined cycle thermoelectric plants, which stand out for their high flexibility and low CVU.
Factor A was introduced by MME Normative Ordinance No. 100/2025, impacting the technical requirements for ing plants in the competition, which ends this Monday (31).
Eneva's main objection is that the variables that make up Factor A are technical parameters for operating the plants, defined in the qualification phase and impossible to adjust later. Therefore, maintaining Factor A would prevent the recalibration of these parameters, compromising the competitiveness of the auction and, consequently, the final price for the consumer.
Minister Gurgel de Faria had already denied Eneva's request for a preliminary injunction in a decision issued last Thursday (28/3).
“Initially, based on the grounds presented by the authors themselves, this Rapporteur’s understanding was that such a factor would only affect the formulation of prices for the auction that would take place in June, without interfering with the technical requirements for qualifying the companies. Therefore, there would be no justification for granting any immediate preliminary measure,” stated Faria.
“However, the clarifications provided by the claimants now indicate, in a clearer and more technical way, that Factor 'a' is not just a component of the final price calculation, but probably an element that, in fact, directly interferes with the parameters that companies must present at the qualification stage”, added the minister.
Eneva also argues that Factor A did not undergo public consultation, despite having a direct impact on the competitiveness of the event and, possibly, on the reasonableness of the tariff.
It is worth noting that the suspension of Factor A does not make the auction unfeasible; it only requires that the public istration exclude it from the calculation of the Thermoelectric Power Availability Price. The auction will be held on June 27.
The action was brought by the companies CL RJ 017 Enterprises and Participations, Our Lady of Fatima Thermoelectric Plant, Sparta 300 SPE, Barra dos Coqueiros and Gera Maranhão Power Plants, both Eneva plants.
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