Energy sector is against the Congressional measure, since it does not support interventions in Aneel's decisions regarding tariffs
The National Electric Energy Agency (Aneel) is considering, under pressure from Congress, the extension of the readjustments imposed on Cemig's tariffs, a company operating in Minas Gerais - the state where the majority of voters for Senate President Rodrigo Pacheco (PSD) are located. -MG). According to the initial plan, the readjustments should come into force from May 28th, however the board of Aneel judged, this Tuesday (24th), the expansion of the period of validity of the amounts currently charged.
According to the calculation of the Broadcast news system, the current tariffs should remain in force for at least two weeks. During this period, Congress is evaluating measures capable of mitigating the effects of the readjustments.
Chief among these measures is a complementary bill, drawn up by Deputy Danilo Forte (União Brasil-CE), which institutes a maximum rate of 17% for the collection of ICMS – state tax – on energy and fuels and transport and telecommunications.
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The project, in addition to judging electricity as an essential product, anticipates, in practice, the resolution of the plenary of the Federal Supreme Court (STF), which prohibited the collection of a higher ICMS rate on the provision of telecommunications services and electricity. The measure should become valid from 2024, and the proposal is voted on this Tuesday by deputies.
This proposal has the support of energy companies, given that it constitutes an old demand in the sector.
Fixing the ICMS rate is capable of reducing inflation
In addition, limiting a rate to 17% could reduce inflation by 1,39 percentage points, according to assessments by BTG analysts. Of the total value foreseen for the reduction, a decrease of 0,42 percentage points would be related to the reduction of ICMS applied on energy tariffs.
The energy sector makes efforts to stop the postponement of readjustments already allowed by Aneel and prevent changes in the methodology that defines the readjustments, since they would represent a breach of contracts. The companies, despite not supporting the suspension of Cemig's readjustment review period, also do not see it with much concern. They are opposed to the congressional decree, which runs on an urgent basis, to repress the elevations in Bahia, Ceará and Rio Grande do Norte. This is because, according to its assessment, any action to intervene in Aneel's deliberations will not prosper, since it would bring legal uncertainty to investors.
Arthur Lira (PP-AL) - mayor -, met, last Friday, with Rodrigo Pacheco, in order to discuss the postponement measure. Lira had already claimed a joint solution between Congress, the government and the Executive for increases in energy and fuel.
Pacheco was also with the Minister of Economy, Paulo Guedes, who was in favor of approving the project that establishes a maximum rate of 17% for the collection of ICMS.
The minister reiterated, at the meeting, that the states did not follow the decrease in ICMS of fuels. Guedes also defended that the reduction of taxes is the best solution compared to the granting of subsidies that force the attenuation of prices.
Parliamentarians have been working, for two years, to mitigate the effects of readjustments on the electricity bills of those served by Cemig
Thanks to the articulation between the board of directors of the national regulatory agency and some parliamentarians of Congress, such as the president of the Senate, Rodrigo Pacheco, there has not been, in the last two years, an increase in the electricity bill of residential customers served by Cemig. As in 2020, Pacheco asked Aneel, in the last year, to take into account PIS / Cofins tax credits paid in excess by consumers to soften the results of the readjustments.
The adjustments imposed on the distributors' tariffs are evaluated and applied year after year by the regulatory agency, but on different dates, due to the different anniversaries of each company's contracts.
According to information from Aneel, tariffs for residential consumers have increased by around 17,92% this year, although not all companies have yet gone through the process. The biggest rise corresponds to those served by Enel Ceará, 24,23%.