Aneel has autonomy and is subject to the control of Congress and the TCU, the agency answers to Silveira

Aneel has autonomy and is subject to the control of Congress and the TCU, the agency answers to Silveira


The document responds to the letter by criticizing the “inert” council and threatening intervention; “No one called Aneel when the electricity went out in Amazonas, but rather the MME,” the minister said on Monday

BRASILIA AND SAO PAULO – A National Electricity Agency (Aneel) it is stated in a letter sent to Ministry of Mines and Energy (MME) that the law that created it “guaranteed its action autonomously” and that it is legally subject to external control exercised by the National Congresswith the help of Federal Court of Audit (TCU).




The document is a response to the letter sent by the Ministry last week, which defined the Aneel council as inert and considered an intervention in the federal authorityLast Monday, before the content of the document was made public, the minister had once again criticized the agency’s board of directors (read more below).

In the document signed by Aneel’s general director, Sandoval Feitosa, the agency draws attention to the need for the federal government to indicate a name to complete its collegiate council, which has had a vacant seat since May, when Hélvio Guerra’s mandate ended.

“The incomplete collegiate body has serious repercussions on the management of the Agency, such as the accumulation of administrative activities and processes, votes with a tie or without a minimum majority, the problem of the minimum quorum for deliberations, among others”, said the Director General.

Feitosa also recalled that the agency carried out, in May 2023, “an extensive administrative restructuring to accommodate, as provided for in the General Agency Law, the position of Ombudsman. However, to date, no appointment has been made by the federal government.”

In the director’s analysis, “little attention was paid to the valorization of the Agency and its employees.” In the text, he states that the current situation, considering the loss of personnel, the transfer of employees to the same government and the budget, “is extremely serious, worrying and requires effective action by the executive and legislative powers.”

With similar content, Friday 23, in response to the Minister of Mines and Energy, Alexander Silverthe Association of Public Employees National Agency for Electricity (ASEA) had released a public letter assessing it Regulatory bodies are state institutions, not government institutions. The agency stressed “an equidistant point” in the agencies’ actions with respect to the interests of “users, regulated service providers and the executive power itself”.

Mines and Energy Minister Alexandre Silveira recently denied a possible direct government intervention in the National Electricity Agency (Aneel) and said that the regulatory body can respond to the Federal Court of Auditors (TCU) on delays in regulating electricity issues in the electricity sector – requested by the Executive. Silveira also stated that with these delays there is the possibility of “bad faith” on the part of the board of directors of the regulatory body.

“Meeting deadlines is the agencies’ job”

Before the publication of the response, Aneel, this Monday 26, had once again criticized the management of the agency.

“All the directors of the agencies were appointed by a government without synergy with us,” the minister said, referring to the appointments made in the previous government. “The directors of Aneel are not committed to the results (provided by the government)but with a deadline for regulation. Meeting deadlines is the responsibility of regulatory agencies. No one called Aneel when the power went out in Amazonas, but rather MME,” he said.

The minister requests the completion of the approval process for the new governance of the Chamber of Electricity Commerce (CCEE) and the regulation of the pole sharing policy. The Mines and Energy Department is also awaiting, for example, the regulation of Aneel on Reserve Energy Contracts (CER), addressed by Provisional Measure No. 1,232 of 2024 (addressed to Amazonas Energia).



Aneel has autonomy and is subject to the control of Congress and the TCU, the agency answers to Silveira

Source: Terra

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