ANEEL has confirmed it will proceed with the administrative process evaluating the termination of Enel SP‘s concession, following a unanimous decision this Tuesday to deny the utility provider’s appeal.
The regulatory landscape for Enel SP remains critical. In a decisive session held this Tuesday (11), the board of the National Electric Energy Agency (ANEEL) chose to maintain the investigation that could lead to the forfeiture of the electricity service contract for the city of São Paulo and its metropolitan area.
The appeal filed by the concessionaire, which sought to halt the investigation, was fully rejected by the agency’s board. With this, ANEEL reaffirms its commitment to continuing the proceedings initiated in April 2026, which are focused on examining recurring operational failures, particularly during the climate crises observed in recent years.
The Regulatory Agency’s position
The lead vote from director Fernando Mosna, the case’s rapporteur, highlighted that the current process is not a sudden or isolated measure. For Mosna, the decision is the result of a long history of dissatisfaction and the company’s inability to adequately meet regulatory requirements. He emphasized that the procedure represents:
The culmination of a regulatory escalation built over years, in the face of repeated failures and inadequate service provision.
The decision was endorsed by the other members of the board, including Sandoval Feitosa, Gentil Nogueira, Willamy Moreira Frota, and Agnes Costa, signaling alignment on the need for rigorous oversight of the distributor.
Next steps in the forfeiture process
Although the denial of the appeal represents a legal and administrative defeat for Enel SP, the termination of the concession is not automatic. The procedural rite is moving toward its decisive stages. Director Agnes Costa, who serves as the rapporteur for the central case, has concluded the instruction phase and set a ten-day deadline for the company to present its final considerations.
After analyzing these documents, the ANEEL board will deliberate on whether to recommend the definitive termination of the contract to the Ministry of Mines and Energy (MME). The final decision regarding the future of the concession remains the responsibility of the ministry.
The history of failures and the technical impasse
The proceedings against Enel SP were prompted by successive power outages, particularly during severe weather events between 2023 and 2025. The most notable case occurred in December 2025, when a large-scale blackout left millions of customers without power for several days.
While the company argues that most customers had service restored quickly and questions the methodological criteria adopted by ANEEL, the agency maintains that the technical evaluation is multifactorial. According to the agency, the concessionaire’s performance should be measured not only by energy restoration time, but also by the effectiveness of contingency plans, the mobilization of field crews, and the ability to prevent systemic damage, regardless of the complexity of weather conditions.
