Since March, CPFL Energia has been trying to reach an agreement with Anil (National Electricity and Energy Agency) to transfer credits worth R$4.7 billion to the electricity bills of residents of the 234 municipalities served by the concessionaire in the state of São Paulo. An analysis of the issue is expected within the next few days, according to agency advisers.
The company initially requested compliance with the measure following the July 2024 final judgment in its legal dispute with Anil, which ruled in favor of the concessionaire. This is a power purchase and sale agreement between CPFL Paulista and CPFL Brasil.
In 2004, Anir restricted the transfer of costs from this energy purchase to electricity bills, resulting in a $1 billion difference between the originally agreed upon electricity sales price and the price actually charged.
The Fifth Panel of the United States District Court for the First District authorized this credit to be restored through the transfer of consumers’ energy bills and ordered the calculation of this difference. Anil reports that the difference reached R$4.7 billion by March this year.
But then, in April of this year, a federal district court rejected the rate adjustment. Since then, the request for an agreement has been pending in Anir, but the case could reach a conclusion within days.
An adviser to the agency told Panel SA on condition of anonymity that directors who had opposed the agreement were now willing to grant credits at CPFL’s request.
Asked when a vote on the matter would take place, Anil did not respond. He said only that the matter is being considered through an administrative process and is classified pending a final administrative decision, which has not yet been decided. “The process will be made public once discussions are complete.”
The Column had access to classified CPFL documents, including a proposal to pass the difference on to consumers over a five-year period.
The initiative will amortize 1.3 billion reais in customs duties starting this year, and Anil will be responsible for changing the annual amortization amount, subject to fluctuations of up to 15%. The letter also proposes amendments to the balances to be amortized at the Selic rate.
CPFL said it would not comment on the consultation.
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