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São Paulo Consumers May Receive Compensation of R$ 260 Million After AGU Action Against ENEL
The Attorney General’s Office of the Union (AGU) filed a Public Civil Action against the energy distributor Enel on Friday (11/8). The measure aims to compensate consumers in São Paulo for the inconveniences caused by the interruption in electricity supply between October 11 and 17 of this year, following heavy rains that affected the metropolitan area.
R$ 500 per Day — Request for Collective and Individual Compensation in São Paulo
The AGU requests, in the action, compensation for collective moral damages in the amount of R$ 260 million, holding Enel responsible for failing to restore supply in a reasonable time.
Additionally, individual compensation is requested for consumers who were without electricity for more than 24 hours, set at a minimum amount of R$ 500 per day per consumer unit.
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The total cost of individual compensations is estimated to be R$ 757 million, resulting in a sum that may exceed R$ 1 billion when added to the collective amount. Individual compensations, according to the request, should be made through discounts on the energy bills of affected consumers.
Justification for the Action
The AGU highlights that, although Enel claimed that the delay in restoration was due to an atypical weather event, the excessive time taken to solve the problem exposed consumers to losses that could have been avoided.
Resolution nº 1,000/2021 from Aneel establishes a 24-hour deadline for restoration in urban areas, a rule that was not complied with by the concessionaire. Furthermore, the AGU points out that failures in energy 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 a duty to consider this risk in its electricity supply activity, creating mechanisms to restore the service to the consumer in a reasonable time, precisely because it is an essential public service.“
Profit and Quality
Another point raised 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 show that, between 2022 and 2023, while gross profit increased, investments were reduced by about 16%.
During the same period, the average time for restoring electricity rose from 9.68 hours to 10.62 hours, according to the National Consumer Secretary (Senacon).
According to the AGU: “the company deliberately chose to reduce its investments even amid a growing demand for emergency services, thus assuming the risk of not ‘ensuring the regularity, continuity, efficiency, safety, timeliness, universality, courtesy in the provision of services’.”
The request for compensation for collective 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 disincentivize practices of reducing investments by concessionaires in essential services.
The AGU also emphasizes that, besides compensations for collective moral damages, nothing prevents consumers from seeking judicial compensation for material damages, such as compensation for burned appliances or other losses caused by power outages.
A ganância dos investidores é que prejudica toda e qualquer empresa com ações nas bolsas de valores. A ENEL, como todas as demais concessionárias que fizeram milionários politicos que pouco tinham antes de entrarem para o Palácio da Impunidade e da Corrupção, a ENEL é some te um dos tentáculos do polvo chamado GULA.