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Consumers in São Paulo may receive compensation of R$260 million after AGU action against ENEL
A Attorney General's Office (AGU) filed a Public Civil Action against the energy distributor Enel this Friday (8/11). The measure aims to obtain compensation to compensate consumers in São Paulo for the inconvenience caused by the interruption in the supply of the energy between October 11th and 17th this year, after heavy rains hit the metropolitan region.
R$500 per day — Collective and individual compensation claim in São Paulo
In the action, the AGU requests compensation for collective moral damages in the amount of R$260 million, holding Enel responsible for failing to restore supply within a reasonable time.
In addition, individual compensation is required for consumers who were without power for more than 24 hours, stipulated at a minimum value of BRL 500 per day, per consumer unit.
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The total cost of individual compensation is estimated at R$757 million, resulting in a value that could exceed R$1 billion when added to the collective value. The individual compensation, according to the request, must be made via discounts on the energy bills of affected consumers.
Justification for action
The AGU highlights that, although Enel stated that the delay in restoring power was caused by an atypical weather event, the excessive time taken to resolve the problem exposed consumers to losses that could have been avoided.
The resolution # 1.000 / 2021 Aneel's regulation establishes a 24-hour deadline for power restoration in urban areas, a rule that was not complied with by the concessionaire. In addition, the AGU highlights that failures in power restoration have occurred previously, such as in November 2023, when heavy rains resulted in a similar situation in Greater São Paulo.
One of the excerpts from the action emphasizes: "If the risk of more severe climate events at this time of year is recurrent, probable and predictable, the concessionaire has the duty to consider this risk in its electricity supply activity, creating mechanisms to restore service to the consumer within a reasonable period of time, precisely because it is an essential public service."
Profit and quality
Another point addressed by the AGU in the action is the alleged prioritization of profit over the quality of the service provided.
Public data provided by Enel itself shows that, between 2022 and 2023, while gross profit increased, investments were reduced by around 16%.
During the same period, the average time for power to be restored rose from 9,68 hours to 10,62 hours, according to the National Consumer Secretariat (Senacon).
According to the AGU: "the company deliberately chose to reduce its investments even in the midst of a growing demand for emergency services, thus assuming the risk of not 'ensuring regularity, continuity, efficiency, safety, timeliness, generality, courtesy in the provision of services'. "
The claim for compensation for moral damages collective represents 20% of Enel's net profit in 2023, which was R$1,3 billion. The AGU argues that this amount serves to discourage practices of reducing investments by concessionaires in essential services.
The AGU also emphasizes that, in addition to compensation for collective moral damages, nothing prevents consumers from seeking legal compensation for material damages, such as compensation for burned-out appliances or other losses caused by the lack of energy.
Investors' greed is what harms any and all companies with shares on the stock exchange. ENEL, like all other concessionaires that have made millionaires of politicians who had little before entering the Palace of Impunity and Corruption, ENEL is just one of the tentacles of the octopus called GLUTE.