Fonte: ANEEL
The determination of the causes of the disturbances that occurred in the Northeast, at 23h21 on February 3 (local time), and in São Paulo on Nov. 8, at 15h10 (local time), has been initiated by the National Energy Agency (ANEEL). The detailed review is not disclosed to preserve the process of verification of liability concerns. Upon completion, the companies involved will be notified and, if appropriate, reported. Penalties range from warnings to fines.

This year, Aneel will follow the inspection schedule of transmission facilities considered strategic. In 2010, of the 46 selected, 23 were inspected.

Inspection 

ANEEL periodically conducts inspections on generators, distributors and broadcasters across the country. This activity follows an annual schedule and evaluates the compliance of the concession contract, the attendance of the Grid Procedures and the adequacy of existing legislation with regard to aspects of the operation and maintenance of facilities. In cases of interruptions that occurred in the Northeast, on February 4, an on-site inspection is held to determine the circumstances involved. During the investigation, the licensee shall be notified to make necessary clarifications, respecting the principle of contradiction and legal defense.

During this process, upon being verified and confirmed the non-compliances, penalties can range from warnings to fines of up to 2% of annual revenues, as established in section X of Law No. 9427 of December 26, 1996, regulated by Normative Resolution No. 63 of May 12, 2004 of ANEEL. The penalty does not end the obligation of the inspected company to hold corrective measures necessary to remedy the problem. The licensee may appeal the penalty to the board of ANEEL, which assesses the appeal in a public meeting. The decision of the executive board is ultimately at the administrative level. (FA/AMF/GL)