Fonte: ANEEL
(Updated at 12:15pm of 08/09/2011)
The board of the National Energy Agency (ANEEL) decided on Tuesday (08/09), to propose to the National General Attorney's Office a direct action of unconstitutionality (ADIN) against Law no. 12.635/2007, of the state of São Paulo. The legislation goes against Agency’s Resolution No. 414/2010 regarding services chargeable by distributors, specifically the removal of poles. ANEEL's board understood that state lawmakers went beyond their competence in dealing with matters regulated by the Union. The proposition will be presented by ANEEL’s General Attorney’s Office.
The state law requires that the poles supporting the power grid are placed on the border of land lots in the urban area, and that those which are causing disorder or impairment to owners and committed purchasers of land are removed, free of charge for interested parties, given they have not been removed earlier. The ANEEL standard considers this as a chargeable service by the distributor.
The installation of poles is carried out to optimize the quantity, seeking efficiency in the use of proceeds from the rate paid by the consumer. The spacing between the poles also follows technical standards to minimize energy and power losses, and distributors must observe the alignment of the poles in their neighborhoods, as approved by the municipal government. The technical and economic criteria used to calculate the spacing between the poles primarily serve the public interest, to the detriment of the particular interest.
When relieving those interested in removing the poles, the State Law charges other consumers of the concessionaire because the initial investment for the installation was passed on to the electricity rate. The removal comes at a cost which must necessarily be borne by the beneficiary, so that this investment does not encumber other consumers.
Until the decision of the ADIN, the distributors of the state of São Paulo should follow the provisions of Resolution No. 414/2010. The agency's board also decided to revisit the Agency to improve the guidelines regarding the placement of poles, so that consumers are not impacted by network facilities which do not meet the standards. (FA/GL)
