Fonte: ANEELThe board of the National Energy Agency approved, during a public meeting this Tuesday (27), the revision of Resolution 138/2000 that deals with the general conditions for the creation, organization and functioning of the Energy Consumer Councils. The councils are composed of representatives of each consumer class (rural, residential, industrial and government) in order to guide, analyze and evaluate issues related to supply, prices and adequacy of electricity services provided to end users. The new regulation will be presented this year during the edition of the National Meeting of the Consumer Council to be held between November 17 and 18, in São Luís.
As of the new regulation, it is required from distribution concessionaires the establishment of the councils, being optional for permit holders. Another change is on the indication of representative institutions that participate in the councils. This competence is no longer the distributor’s and becomes the board’s, which will choose representatives from the representation of entities with consumers of the respective groups.
The share of consumer protection agencies, previously compulsory, is the prerogative of the board, upon invitation, in accordance with its bylaws, to the Public Ministry, Prosecutor or the Bureau of Consumer Protection – PROCON, with local or regional scope.
The financial autonomy of the councils will be ensured through an annual transfer of funds to maintain its activities, with rate recognition for eligible expenses and pre-set limit. This transfer will be calculated based on a formula that considers the main features of the concession, the number of consumers, the number of municipalities served and the land area of the concession, limited to an amount equivalent to 1% of Part B (controllable costs) of the distributor’s revenue.
During the meeting, Director-Ombudsman André Pepitone da Nóbrega said that the strengthening of the councils can generate a more effective participation of consumers in decision-making processes of the Agency. "The low voltage captive consumers do not often contribute as effectively and efficiently in the debate, because its representation is diffuse and its mobilization is complex. Therefore, our proposal is to bring better conditions to enable the representation of the various consumer classes, giving them the opportunity to contribute more effectively in the regulatory process," he said.
The revision of the Regulation was preceded by public consultation, with live session in São Paulo, Porto Alegre, Fortaleza, Recife, Belém and Brasília, in 2009, and public hearing with documents exchange and onsite session at the headquarters of ANEEL, in 2010.
The operation of the Consumer Council is supported by the Agency since 1998, the year when the First National Meeting with representatives of the boards of all distributors was held in Brasilia. (PG/FA)
