BRL 11.4 million fine on Enel São Paulo upheld

São Paulo City Hall upheld the BRL 11.4 million fine imposed by Procon Paulistano on Enel São Paulo for the outages of 8 to 10 December 2025. The decision, published in the Municipal Official Gazette on 21 October, cites article 22 of the Consumer Protection Code. Enel disagrees and has 15 days to lodge a new appeal.

The fine runs in parallel with the forfeiture proceeding opened by ANEEL in April 2026, with two votes in favour of the recommendation and a request for review. Law 8,987/1995, in article 38, requires proceedings with full right of defence and requires that compensation for investments in non-amortised reversible assets be calculated within the proceeding itself, net of fines and damages.

This design matters to those who financed the grid. Forfeiture does not erase the investment made, but converts the return into compensation still to be determined, already net of penalties. The current contract runs until 2028.

The calculation of this compensation is the number to watch. It sets the asset base that the next operator will receive, whatever the outcome.