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PCS tender resolution worries Brazil’s power sector

  • Market: Electricity
  • 08/05/23

Brazil's power sector is concerned about the unprecedented involvement of a federal audit court (TCU) to resolve issues

and revisit the terms of the 2021 emergency power tender, dubbed PCS.

The Mines and Energy Ministry (MME) held the PCS tender in October 2021 — when Brazil did not know if the 2021 drought would continue into 2022 — for supply starting in May 2022. That included contracts for power capacity from 14 new natural gas plants, but 10 of those plants did not come on line before the final deadline. Under the terms of the contracts, that meant the companies were not only subject to fines that may total as much as R12.9bn ($2.6bn), but the government could also terminate the contracts.

Normally such disputes are resolved under electricity regulator Aneel's purview or taken to court.

But earlier this year the MME forwarded a request to TCU to develop a non-confrontational solution and renegotiate the contracts with companies.

TCU — which normally audits financial accounts related to the spending of public funds — signed five decisions last week allowing the creation of a consensual solution committee to renegotiate the terms of the PCS tender's contracts.

Market participants have criticized the audit court's involvement, claiming a lack of transparency into something that should be resolved publicly through Aneel's rulings. Some also criticize the renegotiation itself, as the contracts provide terms for such events.

While the TCU negotiation committee is underway, Aneel's prior rulings on charging fines or rescinding contracts will not move forward.

Brazilian association of energy-intensive industries Abrace calculates the 11 PCS power plants in operation are adding R10/MWh to the surcharge charged to consumers. Power trading company Tradener's Barra Bonita I gas plant and Turkish Karpowership's four gas plants add up to R6/MWh of this amount.

Karpowership's plants faced challenges to get its environmental licenses and connect to transmission lines. As a result, it came on line after the contract's final deadline to start operating. The company had its authorization to operate revoked by Aneel at one point but was able to overturn that decision through an injunction.

Power generator Ambar Energia's four PCS-winning plants never came on line but the company was able to generate power with another plant through an injunction. Aneel revoked that authorization and determined the power generated through the plant would be paid at the spot power price.

Some companies that did come on line on time might also want to renegotiate contracts because of more attractive opportunities to sell natural gas or problems with machinery, sources said.

Karpowership declined to comment. Ambar did not respond to a request to comment.


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