ANEEL restores the possibility of cutting off electricity supply to consumers in default as of August 1, 2020
The measure came about through the issue of Normative Resolution No. 891/2020, which amended Normative Resolution No. 878/2020, in which the National Electricity Agency (ANEEL) had provided for flexibilities in the regulations in force in order to enable distributors to focus on performing activities essential to maintaining the operation of the electricity system during the most acute period of the COVID-19 pandemic.
The recent normative act, in addition to restoring the distributors' prerogative to cut off the energy supply of their customers in default, also restores the obligation of the concessionaires to provide certain services that had been suspended by the previous resolution, such as face-to-face customer service - except in the event of an official restriction decreed by the local government or competent health authority. It should be noted that this power cut cannot be made to the detriment of consumers in the Low Income class, who are protected by the clause prohibiting power cuts until 31/12/2020, under the new resolution.When discussing the resumption of the possibility of distributors cutting off the power supply of their consumers who are in default, the director-rapporteur of the proceeding, Elisa Bastos, in a vote followed by her colleagues, argued that "the indistinct maintenance of the prohibition against cutting off power would no longer be appropriate, and would bring negative consequences to the payment flow of the sector as a whole, since the distributor acts as a collection agent for all segments. Therefore, consumers who may have their service cut off must be informed by the distributor before the cut-off takes place, even if they have already been informed of outstanding debts in previous invoices.
Guilherme Faber
Monitor of the Post-graduation course in Energy Law at CEDIN
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