Âmbar has four contracts with the government to supply energy through thermal plants, but did not install the plants on time and is now trying to remain contracted by the government to supply energy.
The case was discussed at Aneel before ending up at TCU. After back and forth, at the end of 2022, the agency denied Âmbar’s request to use the old Cuiabá plant to fulfill the contracts and said that the company is responsible for its non-compliance.
After a failed attempt to amicably terminate the contracts, the Ministry of Mines and Energy took the case to Secex Consenso, a TCU secretariat created last year by the president of the court, Bruno Dantas, to mediate agreements between the federal government and the private sector. .
The TCU’s technical area spoke out against the agreement, stating that Âmbar had not passed an Aneel test whose objective was to prove whether the company’s installed capacity would be able to replace the obligations contracted in the contract, which provided for four new plants.
Aneel’s position was ambiguous, according to the TCU’s technical area, and did not clearly say whether Âmbar was able to fulfill the contracts. Based on this, the technical area took a position against the agreement with the company, a position endorsed by the Public Ministry with the TCU.
After that, as Folha showed, the minister reporting the case, Benjamin Zymler, asked Aneel to speak out again. Now, the agency’s general director, Sandoval de Araújo Feitosa Neto, signed an order in favor of the company, saying that Âmbar is capable of fulfilling the contract.