Brazil’s energy regulator Aneel unanimously rejected a request by Enel São Paulo for an external expert appraisal within the concession forfeiture process, escalating a dispute over grid reliability and regulatory compliance.
The decision follows Enel’s petition to challenge Aneel’s technical assessment, which cited structural failures in service restoration after severe weather in December 2025 left millions without power. Aneel’s board, including Director-General Sandoval Feitosa and reporting director Agnes da Costa, characterized the utility’s stance as disrespectful to the regulator’s legal authority and Brazil’s regulatory framework.
Da Costa stated that Enel’s argument implied either “profound ignorance” of Aneel’s functions or deliberate disregard for sector regulations, adding that the request risked delaying the administrative process. Feitosa emphasized that questioning Aneel’s legal competence and impartiality in its 30th anniversary year was “at the very least, inappropriate.”
Enel, in response, said it did not dispute Aneel’s independence or legal authority but sought to clarify technical aspects, including the exceptional nature of the December 2025 event and its impact on infrastructure. The utility has 10 days to submit final arguments before Aneel’s board submits a recommendation on concession forfeiture to the Ministry of Mines and Energy.
