Aneel Keeps Caducity Process Open for Enel São Paulo

Overview

• The Aneel board unanimously rejected Enel São Paulo's appeal on Tuesday, leaving the administrative caducity proceeding active and clearing the way for further review of whether the concession should be recommended for termination.
• Relator Fernando Mosna said the agency's case rests on a pattern of operational failures, citing long emergency response times, many outages lasting more than 24 hours, failures in contingency planning, low field productivity, and inadequate teams.
• Enel must file its final written defense under the substantive relatoria of director Agnes Costa, who set a deadline for the company to present its last arguments before the agency prepares a recommendation for the ministry.
• Minister Alexandre Silveira said the MME will follow Aneel's decision and indicated the government could consider remedies including transfer of control if the concession is judged untenable.
• The probe follows a string of major blackouts — including outages affecting roughly 2.5 million addresses in November 2023, 3.1 million in October 2024, and 4.21 million in December 2025 — and could affect roughly 8.5 million customers before the concession expires in 2028.