Legal battle may create multi-billion hole in power industry
A legal imbroglio in the power industry may open precedents for a multi-million hole in the consumers’ electricity bills. The hydroelectric plants of CTG Brasil, controlled by China Three Gorges, caused an impact of R$496.1 million in the electric sector due to an injunction that prevents the review of the firm energy of the Capivara (643 MW), Chavantes (414 MW), Taquaruçu (525 MW) and Rosana (354 MW) plants, sources say.In technical jargon, firm energy is the volume of power that an project can deliver to the system and determines the form of remuneration of the companies. In May 2017, the Ministry of Mines and Energy (MME) published Ordinance No. 178/2017, which defined the new firm energy values for power from centrally dispatched hydroelectric plants, valid from January 2018.It is the up to the ministry to define every five years the maximum energy that can be sold by the power plants, since new concessions for multiple uses of water have changed the flow of rivers. The measure reduced by 4.9% the firm energy of CTG’s hydroelectric plants in relation to the one in effect in December 2017.Before that, when CTG bought Rio Paranapanema Energia, it modernized the plants and requested an extraordinary revision of the firm energy to the Brazilian Electricity Regulatory Agency (Aneel). In the lawsuit filed against the federal government, CTG says that there are illegalities in the ordinance, since the reduction of the firm energy was made before the five-year period since the last revision.The Capivara, Rosana and Taquaruçu plants were the subject of extraordinary reviews in May 2015, and the Chavantes plant, in June 2013, and, according to CTG, the value of firm energy could only be reviewed again in May 2020 and June 2018, respectively.The Ministry of Mines and Energy says that this argument does not apply to extraordinary reviews. In addition, CTG presented a contribution in the public consultation without questioning the revision process.The Chinese company also says that the reduction of firm energy in more than 4.8% causes distortions, since the plants have a history of generating 22.1% more. However, as recommended by the Federal Court of Accounts (TCU), the federal government reviewed the firm energy of the plants involved because it considered them overestimated, and also to standardize the criteria for firm energy calculations for all players.Another argument of the company is that the action represents an act of confiscation...
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