Aneel, Brazil's electricity regulatory agency, rejected on Monday (24) a request by Enel São Paulo for an independent expert review in the administrative process weighing the annulment of its power distribution concession, a procedure known in Brazil as caducidade. With the unanimous decision by the agency's board, the fact-finding phase of the case was closed and the distributor now has ten days to file its final arguments.
The case's rapporteur, director Agnes da Costa, voted to deny the request and was followed by the other board members. According to CNN Brasil, she classified the expert review as unnecessary evidence under article 38 of Law 9.784/1999, which governs federal administrative proceedings, arguing that the case file already contains documents, technical information and evidence produced both by inspectors and by the concessionaire itself.
The process stems from widespread blackouts caused by windstorms that hit the city of São Paulo and its surroundings between 2023 and 2025, when millions of consumers in the metropolitan region faced prolonged power outages, Folha de S.Paulo reported. Aneel argues that Enel's performance in those episodes was unsatisfactory and worse than that of other distributors, according to CNN Brasil.
During the session, the agency's director-general, Sandoval Feitosa, defended the regulator's technical capacity. He said that, in the year Aneel turns 30, having its legal powers questioned and its impartiality cast in doubt is "at the very least inappropriate", and that calling for an outside expert review "mortally wounds" the agency's technical authority to oversee and regulate the sector.
Enel's arguments
The concessionaire argued that the case involves complex issues spanning meteorological, operational, statistical and regulatory aspects, especially regarding the impacts of the extreme weather event of December 2025 on the power grid and the time needed to restore supply. The company also said an external review was needed to guarantee the impartiality of the proceedings, since Aneel accumulates the roles of oversight, investigation and judgment.
The agency replied that this accumulation of duties is a feature of Brazil's regulatory agency model, with powers set by law, and that reports, technical notes and opinions produced by its staff are legitimate instruments for administrative decisions. Enel, for its part, said it does not question Aneel's independence or competence: according to the distributor, the request seeks a deeper analysis of the exceptional nature of the December 2025 event and of the application of criteria not yet regulated for events of this kind.
What comes next
Monday's decision does not mean Aneel has ruled for annulment. After Enel's final arguments, the board will move to its conclusive analysis of whether or not to recommend ending the contract. Even a recommendation in favor of caducidade would not settle the case: the final word rests with the Ministry of Mines and Energy, as the granting authority.