decision 2015 Aneel prohibits charging red flag in the Amazon

The injunction granted by Justice in September 2015 removes the Amazon consumers the obligation to bear the application of the red flag in the electricity tariff system.
27/04/2017 15h22 - Updated 28/04/2017 14h41
Photo: reproduction

An injunction granted by the Federal Court since September 2015 removes the Amazon consumers the obligation to bear the application of the red flag in the electricity tariff system this April, as announced nationally by the National Electric Energy Agency (Aneel). The decision, following valid, answered the request made in a joint civil action signed by federal prosecutors in the Amazon (MPF / AM) and six other state agencies, municipal and federal, consumer protection in the State.

In an official statement on its official website, earlier this month, Aneel announced that the flag for the month of April this year will be red, at a cost of R $ 3 to each 100 kWh (kilowatt-hour) consumed. Tariff flags using the colors green, yellow or red (the landings 1 e 2) to indicate whether the energy will cost more or less depending on the electricity generating conditions.

In the decision which prevents the collection in the Amazon, Justice points out that the recovery of the power supply can not be performed without service actually provided or even available, as, of 62 Amazon municipalities, only Manaus, Manacapuru, Iranduba, President Figueiredo and Rio Preto da Eva are part of the National Interconnected System (WITHOUT) e, according to information from own electric utility, even these are fully interconnected, due to electrical and energy constraints.

The body that signed the action argue that, for proper implementation of the tariff system flags, there should be a consideration for the concessionaire and the regulatory agency, providing the satisfaction of the electricity services, without the existing weaknesses in the system and other Manaus reported by Amazonas Distribuidora de Energia.

In the case of noncompliance decision, the Federal Court has set a fine of R $ 2 millions, to be paid by Amazonas Distribuidora de Energia S / A and the National Electric Energy Agency (Aneel) and their presidents.

They signed the action representatives of the MPF / AM, Amazonas State Prosecutor (MP / AM), Union of the Public Defender in the Amazon (DPU/AM), Amazonas State Public Defender (DPE/AM), Consumer Protection Committee of the Municipality of Manaus, State Program for Protection and Guidance Consumer (Procon-AM) and the Department of Consumer Protection of the Municipality of Manaus (Procon-Manaus).

In the civil suit, the agencies also seek repayment in double the amounts unduly paid by consumers and the Amazonian severance payment of no less than R $ 24 million due to the social damage caused by illegal stance adopted.

Restitution
In addition to urgent requests already heeded Justice, bodies still seek repayment in double the amounts unduly paid by consumers and the Amazonian severance payment of no less than R $ 24 million due to the social damage caused by illegal stance adopted.

In the request for compensation for collective moral damages, the plaintiffs argue that the processed conduct has caused harm to all electricity consumers Amazonas State. To organs, by violating the basic principle of good faith and the duty to inform, Aneel and Eletrobras impose the entire state for charging a tariff system flags that can only be justified by the interconnection of the local generation system to the National Interconnected System, which does not apply to all Amazonian municipalities.

The civil action recalled that, having promoted explicit manifestation as to the waiver of the tariff system flags in the Amazon, the local utility, By mismatch account with Aneel, He kicked in his decision and imposed retroactive billing to all the State of Amazonas consumers, generating further unexpected damage.

The indemnity payment applications shall be further analyzed by the Federal Court. The injunction, appealable. The action is still pending before the 3rd Federal Court, under No. 0012773-90.2015.4.01.3200.

Premium
The civil suit against charging for the tariff system flags in the state of Amazonas is one of the finalist projects of the 5th Prize of the Federal Prosecutor Valuation Republic, sponsored by the National Association of Prosecutors (ANPR). The work competes in the category Consumer and Economic Order and is by the prosecutor of the Republic Rafael da Silva Rocha.

The Federal Public Ministry in the Amazon (MPF / AM) It has two finalists performances this edition of the award, which analyzes the initiatives as efficiency criteria, social scope, creativity, potential multiplication and complexity. The winners of each category will be announced at the awards ceremony, which will take place on 9 of May, in Brasilia (DF).

Source: MPF-AM


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