Fonte: ANEEL

Proposal at public hearing until 11/27 intends to improve methodology for tariff readjustment

The Board of the Brazilian Electricity Regulatory Agency (ANEEL) decided today (the 5th), during the 8th Extraordinary Public Meeting, to subject to the Public Hearing, by exchange of documents, a proposal to amend clauses of the concession contracts signed with 63 distributors. The goal is to improve the methodology for calculating tariffs to ensure the neutrality of the revenue of the companies formed by non-controllable costs such as power purchase and collection of fees, called Parcel A. Contributions may be sent to the e-mail address ap043_2009@aneel.gov.br from November 6ht to 27th, 2009.

The possibility of improving the contractual rules had been evaluated by ANEEL in February 2008. However, at that time, there was no agreement between the Agency and the distributors to change the contracts. On the other hand, the regulator has no legal support to modify contracts unilaterally. For this reason, the alternative option approved by the Board of Directors on October 28th, 2008, and forwarded to the Ministry of Mines and Energy (MME) in the following November, was the change in the Interministerial Ordinance No. 25/2002, which created the Compensation Account of Changes in Values and Parcel A (CVA). The suggested change considered the fluctuations of the market during the period of compensation values established in the previous adjustment.

However, as there is no consensus between the Ministries of Mines and Energy and Treasury as to whether to amend the ordinance and the recent public demonstrations by companies in favor of the amendment of contracts, ANEEL decided to propose contract changes. ‘ Today we have political space to call the distributor and change through amendment of contracts’, said the General Director of ANEEL, Nelson Hübner, at the end of the meeting this morning. The General Director emphasized that with the amendment to the contract, the methodological problem is solved.