The Federal Regional Court of the 1st Region (TRF-1) suspended, through an injunction, the change in the remuneration of energy contracts for Eletrobras thermoelectric plants purchased by Âmbar Energia, from the J&F holding, controlled by the Batista family.
These plants supply energy to the Amazonas electricity distribution company – a company that should also come under the control of Âmbar –, through energy purchase and sale contracts (CCVE). These commitments would be converted into reserve energy contracts (CER), with a new form of remuneration for the plants, as set out in a provisional measure issued by the government last year.
In a decision taken on Sunday, during the judiciary’s shift, and published the day before, federal judge Ney Bello responds to a request from the Amazonian gas distributor Cigás, which has gas contracts with Petrobras and the thermoelectric plants purchased by Âmbar.
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According to Cigás, the company has the right to be heard before the conversion of the thermal plants’ contracts, since this process would have a “direct impact” on its natural gas contracts related to energy generation.
“I clearly understand that all the changes made to the conditions and compliance with the CCVE impact the commitments made in the gas supply contracts for the generation of thermoelectric energy and, consequently, cause losses to consumers or the State”, says the judge’s decision of TRF-1, which also determined that the conversion of contracts will only occur with the prior consent of Cigás.
Cigás’ right to prior consent in this process had already been discussed previously within the regulatory agency Aneel, but the proposal was not approved by a majority of directors.
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Cigás is controlled by the State of Amazonas, with businessman Carlos Suarez, an important figure in the Brazilian natural gas market, as its shareholder.
The purchase of thermoelectric plants from Eletrobras and the assumption of control of Amazonas Energia by Âmbar are processes that are connected and have a troubled history, marked by court decisions that forced Aneel to approve the transactions and by measures taken by the federal government itself that were widely criticized. for imposing billion-dollar costs on all Brazilian energy consumers.
When contacted, Âmbar Energia stated in a statement that “it will not give in to continued pressure from businessman Carlos Suarez, who is trying to create difficulties to obtain advantages after losing a private and fierce competitive process”.
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According to the J&F company, the transaction carried out with Eletrobras does not affect Cigás’ rights and does not change the conditions and risks of its business.
“This new attempt by Suarez to extract benefits from a business that does not concern him must meet the same fate as his previous attacks against Âmbar’s interests: failure,” added Âmbar.
It was not immediately possible to contact Cigás or businessman Suarez.
