The gas distributor belonging to the entrepreneur states that the management of the plants purchased by Âmbar could have repercussions on contracts in the Northern State; wanted, Suarez and Âmbar did not comment
BRASILIA – The entrepreneur Carlos Suarezowner of Termogás and nicknamed “King of Gas”, tries to interfere in a business owned by his brothers Joesley AND Wesley Baptist node Amazon. Cigás, a gas distribution company in the Amazon, led by the entrepreneur, resorted to this. National Electricity Agency (Aneel) and the Court to be heard – and with veto power – on the contracts relating to the thermoelectric power plants belonging to Eletrobras and purchased by Âmbar, the energy company of the Batista brothers. Contacted, businessman Carlos Suarez did not provide details of the report and Âmbar also did not comment.
The dispute takes place in the middle impasse relating to the sale of Amazonas Energiathe state electricity distributor, for the Batistas. Âmbar benefited from the Lula government with a provisional measure after having purchased from Eletrobras the thermoelectric plants that sell energy to the Amazon distributor. The temporary measure transferred the payment for energy leaving these plants to the reserve energy account, paid by all consumers in the country. Âmbar assumed the risk of default and had the loss covered by the government measure.
Now Suarez, owner of the distribution company that receives the gas brought to these plants, wants to have the power to sign the transformation of these contracts, saying yes or no to the change that benefits the Batista brothers. At the same time it is looking to buy Âmbar’s factories, according to industry experts familiar with the negotiations. Wanted by EstadaoCigás sent statements to Aneel claiming that the transformation of contracts and the sale of plants could affect its business.
This Thursday 3, Judge Jaiza Maria Pinto Fraxe, of the Federal Court of Amazonas, authorized Cigás to join the legal action brought by Amazonas Energia which attempts to accelerate the transfer of the company to the Batista brothers. As part of the action, the judge rejected the request made by Cigás that she and the Petrobraswhich supplies the transported gas molecule, had already been informed of the contracts for the plants. The decision was a victory for the Batista brothers.
It is up to Aneel to transform the contracts into the model authorized by the provisional provision. The case is in the agency, still unsolved. The rapporteur of the case, Fernando Mosna, included in the opinion a clause that gives Cigás the power to say yes or no when signing contracts, contradicting the recommendations of the regulatory body’s technical sectors. In practice, Suarez’s company could block the negotiation.
Process at the regulatory agency
Cigás entered the Aneel process by submitting the request during the public consultation phase. The company argued that the change in the type of energy contract could be reflected in the contractual commitments between it, which receives the gas brought to the power plants, Petrobras (which supplies the product) and Eletrobras (which buys the gas to power the thermoelectric power plants and sells these plants in Âmbar).
“The proposed change in the energy contracting method may reflect on the commitments of Eletronorte and Eletrobras established in the current contract for the purchase and sale of natural gas and, possibly, on the legal, judicial and negotiation disputes existing between Cigás, the Eeltrobras and Petrobras system,” the company said. ,
Aneel’s technical area stated that Cigás’ request was not within the scope of the process. The rapporteur disagrees and says that gas supply is part of the contracts and is a relevant issue for change. The case ended in a draw. Mosna and director Ricardo Tili voted in favor of Cigás’ request. The general director of Aneel, Sandoval Feitosa, and the director Agnes da Costa voted against. This division also occurred in the process involving the sale of Amazonas Energia to the Batista brothers. The first two were against and the other two were in favor of the proposal presented by the J&F Group.
Preventing the signing of the contracts would make the Batista brothers’ business less profitable, according to energy sector operators, since the payment of the energy produced by the plants would be the responsibility of Amazonas Energia, which currently does not pay the bill and is in arrears, and other distributors. In this case the cost would not be transferred to the Reserve Energy Account (CER), which is more advantageous for Âmbar.
With a decision favorable to the Batista brothers, the Federal Court of the Amazon eliminated the need to hear Cigás and Petrobras when signing contracts for the plants purchased by Âmbar. Judge Jaiza Maria Pinto Fraxe argued that the companies have a virtual monopoly on the supply and distribution of gas in Amazonas and that, if anything interfered in these processes, the agreement would already be null and void.
Energy market experts and agents interviewed by the report say the conversion of contracts does not interfere with Suarez’s business. Regardless of one model or the other, it continues to be the gas distributor of the systems and is entitled to receive compensation for this service. Industry sources denounce an attempt by the entrepreneur to block the benefits of the Batista brothers because in the past he was interested in purchasing part of the Eletrobras factories and has now set his sights on the Âmbar factories. The J&F group company, in turn, refuses to negotiate projects with Suarez.
Source: Terra

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