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MPF Seeks Court Order to Freeze Enel São Paulo Concession Renewal

Prosecutors argue a federal decree requires suspension while a caducity proceeding remains pending.

Overview

  • The petition, signed by prosecutor Luiz Fernando Gaspar Costa, will be reviewed by the 12th Federal Civil Court in São Paulo.
  • Aneel has run a caducity proceeding since October 2024 over major outages even as it advanced an early extension, including a preliminary addendum approved in February 2025.
  • The MPF asks the court to compel Aneel to produce a Regulatory Impact Analysis comparing renewal with a new tender, consistent with STF guidance in ADI 5.591.
  • The concession covers 24 municipalities and about 8 million customers and is due to expire in 2028, with Enel and other distributors requesting 30‑year extensions in March 2025.
  • The São Paulo city government’s August lawsuit alleges degraded service, workforce and cost cuts, and questions ‘critical day’ exclusions, while Enel says it meets legal criteria and cites R$ 10.4 billion in 2025–2027 investments, 1,200 hires, 700 generators, and expanded tree trimming.