Procon investigates Equatorial-PI for undue charges to solar energy consumers

O Procon (Consumer Protection and Defense Program) of the Public Ministry of Piauí established a istrative procedure against a Equatorial Piaui, under the signature of prosecutor Nivaldo Ribeiro.

O procedure was initiated following consumer complaints about "abusive and undue charges referring to taxation on solar energy production”, both in producing and beneficiary units, with an impact at the beginning of this year. 

A dealership, according to Procon, did not provide “plausible clarifications” on how the calculation is made of their respective values ​​included in consumption invoices. 

For the consumer protection agency it is necessary for the company to clarify the basis of the calculations used in collecting fees.

In a preliminary response to consumers, Equatorial clarified the GD-I, GD-II and GD-III calculation records, the legal basis for the charge, the justification for the charge and the number of consumers currently ed with the distributor for GD -I, GD-II and GD-III.

For Procon, the distributor's practice may be violating CDC determinations (Consumer Protection Code).

In the ordinance initiating the procedure, the Procon ordered Equatorial's notification, within 15 working days, present in detail:

• The detailed calculation report used by the concessionaire, highlighting the basis used to calculate taxes levied on energy compensated by distributed generation; 
• Indicate which laws, resolutions, agreements or decrees are being used as a basis for the imposition of these taxes, since the exemptions provided for by law are clear and specific; 
• Provide justifications for discrepant charging between units categorized as project types: GD I, GD II and GD III;
• Enter the number of GD I, GD II and GD III consumers in the tax collection process.

O Procon also highlighted that it will officiate the ANEEL (National Electric Energy Agency) to issue a technical-legal opinion on the regularity of charging ICMS (Tax on Circulation of Goods and Services) on the TUSD (Tariff for Use of the Distribution System) to consumers in the State of Piauí.

Finally, the consumer protection body highlighted that it will also officiate to the Sefaz-PI (Secretariat of State for Finance of Piauí) requesting a formal tax consultation so that it can issue an official opinion on the case.

What does Equatorial Piauí say?

In a statement, Equatorial Piauí stated that, as an electricity distribution concessionaire, it complies with the rules of the Brazilian electricity sector and federal, state and municipal tax legislation.
 
The company also highlighted that “energy distributors are tax collection agents. Therefore, the amounts charged on electricity bills, as Tax on the Circulation of Goods and Services – ICMS, are fully ed on to the Taxing Entity, in accordance with State Government regulations”, highlighted the entity.

Report updated at 17:46 pm.

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