Sustainable Strategy and Commitments
Brazil | Follow-up Termo Fortaleza
Unilateral termination of the gas supply contract by Petrobras - Status, June 2018
Regulatory
Legal
Actions taken
Presentation of two alternatives to the MME:
Amendment to the provisional measure "MP814"
(Eletrobras): Increase of gas cost - pass through to
all consumers
MP 814 expired: Congressmen decided not to
vote the MP
Revision of interministerial ordinance: increase
of gas cost-pass through to Enel CE
× Lawsuit closed due to Arbitration (appealed)
✔ New injunction to restore gas supply
State of Ceara presented a new lawsuit to
restore gas supply
✔ Arbitration: Actions questioning its validity
Next Steps
Structural Solution:
New MP;
Specific Law proposal;
Inclusion of amendment on the Sector
Reform's Law proposal
Interministerial ordinance (Ministries of
Mines and Energy + Finance): increase of
gas cost-pass through to Enel CE
Updating from Rio and Ceara's lawsuits;
Arbitrator to be nominated by ICSID (likely):
parties will agree about deadline to present
defenses.
Legal Actions ongoing to cancel Arbitration
Timeline
enel
September 2017
Notification from Petrobras
ending the gas contract
November 2017
Enel attained an injunction
ensuring the gas supply
February 2018
Judge denied the injunction
March 2018
Gas Supply was interrupted
Termofortaleza out of operation
Institutional
and Media
Newspaper Article explaining the cost of
activities thermal interruption for the
consumers
Work with Government and Congressmen to
support the structural solution
June 2018
New injunction ensuring gas supply
Termofortalzeza restored operation
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