ANEEL Votes to Reject Enel SP Forfeiture Appeal

What did the ANEEL rapporteur vote for?

Fernando Mosna, a director at Brazil's National Electric Energy Agency (ANEEL), voted on Tuesday (August 11) to reject an appeal filed by Enel SP against the opening of a forfeiture procedure that could ultimately cost the company its concession to distribute electricity in the Greater São Paulo area.

Why was Enel SP's appeal rejected?

Enel SP had challenged the methodology ANEEL used to measure service restoration after the extreme weather event of December 2025, claiming inconsistencies in the indicators applied. Mosna dismissed those arguments, stating that the decision to open forfeiture proceedings was not based on isolated metrics but on a broader set of non-compliance issues, including:

• Excessively long service response times
• Power outages lasting more than 24 hours
• Structural failures in the company's contingency plan
• Low workforce productivity
• Inadequate field teams

In his vote, Mosna described the forfeiture process as "the apex of a regulatory escalation built over years, in the face of repeated failures that were monitored and sanctioned without the concessionaire providing an effective response."

What happens next?

If ANEEL's full board follows Mosna's recommendation, the agency will move forward with analysing whether to formally recommend forfeiture to the granting authority. However, a final decision on Enel SP's future in São Paulo will not come on Tuesday. The actual merits of the forfeiture case are handled in a separate process under Director Agnes da Costa, who has given Enel SP time to submit its defence. No deadline for that ruling has been set.

What does the federal government say?

Energy Minister Alexandre Silveira stated on Monday (August 10) that Enel SP has lost the conditions to keep providing the service in São Paulo and the metropolitan region, citing reputational damage among consumers. "We await ANEEL's decision with serenity," he said in an interview with CNN.