Post by xyz2900 on Feb 11, 2024 1:17:04 GMT -8
The suspension of energy supply due to non-payment by those who provide public or essential services to the population is expressly provided for in Law 9,427/96, article 17. To cut off electricity, only prior notification is required. With this understanding, Minister Edson Vidigal, president of the Superior Court of Justice, suspended the measure that forced Light to restore electricity to properties belonging to the municipality of Rio Claro, in Rio de Janeiro. The issue began to be discussed when the municipality filed an Ordinary Action asking that Light be forced to restore electricity and be prevented from suspending supply again in public properties, including the city hall and other local administration bodies.
The first instance accepted the municipality's request and the concessionaire appealed to the second instance, without success. In its appeal to the STJ, Light filed a request to suspend the injunction on the grounds that the decision compromises the regular exercise of administrative powers defined by law. He also claimed that the injunction affects the economic-financial balance Belize Email List of the public service concessionaire, the respective provision and consequent transfer of costs to other users. The president of the STJ responded to the company's request, highlighting that, “the concessionaire does not produce, but buys and passes on energy to consumers. It provides a public service, yes, but it has the right to receive monetary compensation.
The service, therefore, must correspond to a correct and punctual payment, as a way of safeguarding not only the concession contract itself, but also, and mainly, the entire energy supply system”In all these cases, the alleged cause for disqualification was the lack of proof that the companies completed the deverticalization process (separation between generators, transmitters and distributors). Alusa Engenharia, one of the members of the Alusa-Cavan Consortium, was disqualified in five of the six lots it competed for. He only managed to qualify for batch D, as leader of the Nova Ponte Consortium. TSN — Transmissora Sudeste Nordeste was disqualified in three batches. The concession of seven lots with 21 transmission lines and eight substations in seven states (Pará, Tocantins, Goiás, Minas Gerais, São Paulo, Santa Catarina, and Rio Grande do Sul) and the Federal District is up for auction.
The first instance accepted the municipality's request and the concessionaire appealed to the second instance, without success. In its appeal to the STJ, Light filed a request to suspend the injunction on the grounds that the decision compromises the regular exercise of administrative powers defined by law. He also claimed that the injunction affects the economic-financial balance Belize Email List of the public service concessionaire, the respective provision and consequent transfer of costs to other users. The president of the STJ responded to the company's request, highlighting that, “the concessionaire does not produce, but buys and passes on energy to consumers. It provides a public service, yes, but it has the right to receive monetary compensation.
The service, therefore, must correspond to a correct and punctual payment, as a way of safeguarding not only the concession contract itself, but also, and mainly, the entire energy supply system”In all these cases, the alleged cause for disqualification was the lack of proof that the companies completed the deverticalization process (separation between generators, transmitters and distributors). Alusa Engenharia, one of the members of the Alusa-Cavan Consortium, was disqualified in five of the six lots it competed for. He only managed to qualify for batch D, as leader of the Nova Ponte Consortium. TSN — Transmissora Sudeste Nordeste was disqualified in three batches. The concession of seven lots with 21 transmission lines and eight substations in seven states (Pará, Tocantins, Goiás, Minas Gerais, São Paulo, Santa Catarina, and Rio Grande do Sul) and the Federal District is up for auction.