Aneel approves 5.89% reduction in Light tariffs after extraordinary review

The board of the National Electric Energy Agency (Aneel) approved this Tuesday (13) an extraordinary tariff review with a negative average effect of 5.89% on the tariffs of Light’s energy consumers, arising from the refund of the distributor’s tax credits.

The reduction refers to a total of R$1.85 billion in Light’s PIS/Cofins credits determined by the regulatory agency.

The regulator’s decision stems from Law 14,385/2022, approved in June by the National Congress, which disciplined the return to consumers of credits related to the inclusion of ICMS charged on electricity in the PIS/Cofins calculation basis. Double taxation has been in effect for over 15 years.

During the review process, Light contested the measure administratively and judicially, and even obtained an injunction for a public consultation by the agency. During this Tuesday’s meeting, Aneel’s attorney general, Luiz Eduardo Araújo, refuted the distributor’s allegations, including that the measure would have an electoral nature and, therefore, should not be applied.

“Aneel promoted the incorporation of PIS/Cofins credits in the tariffs of all distributors in the country. And Light could not be an exception to this rule”, said Araújo.

Director Ricardo Tili also criticized Light’s assertion before the Court that there would be an electoral purpose in the tariff review. “For the purpose of what? Promote who is in power or who will enter? The agent needs to be more careful with what he writes”, said Tili.

In his vote, the rapporteur for the process, director Hélvio Guerra, stated that the return of credits guarantees the maintenance of the economic-financial balance of the concession. “That is, if the amount was overpaid, it should be returned to consumers, who have borne the cost over the years. That is what the law recommends,” Guerra said.

The reduction will take effect on December 15.