SP court orders Enel to reconnect energy with a fine of R$200,000/h

The São Paulo court ordered, Friday evening (12/12), that the Enel concessionaire immediately restore energy supplies to consumers affected by the power outage that has been affecting the capital of São Paulo and the metropolitan region for three days. The decision, in response to an action by the Public Prosecutor’s Office (MPSP), provides for a fine of R$200,000 per hour in the event of non-compliance.

However, around 10 a.m. this Saturday (13/12), more than 470,000 homes remained without electricity, after a wind storm which hit the region. Winds of nearly 100 kilometers per hour caused several impacts, such as falling trees and flight cancellations.

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A woman died this Friday afternoon (12/12), when she was struck by a falling tree. The incident occurred on Rua Arminda de Lima, in Guarulhos, in the São Paulo metropolitan region.

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Wind felled trees in São Paulo

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Trees fall on cars in Ibirapuera

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Trees fall on cars in Ibirapuera

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Brasil Avenue, towards Ibirapuera Park

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Trees fall on cars in south SP

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Wind felled trees in São Paulo

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Wind felled trees in São Paulo

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Wind damage hits São Bernardo

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Firefighters received more than 500 calls for falling trees. Cars, buses and roads blocked after wind

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Wind felled trees in southern São Paulo

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Wind felled trees in São Paulo

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Wind felled trees in São Paulo

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The sentence comes from the 31st Civil Court of the Central Forum. In the decision, Judge Gisele Vallle Monteiro da Rocha emphasized that the provision of electricity constitutes an essential and indispensable public service. According to the judge, the power outage which has lasted for several days reveals “eloquently the seriousness of the inability to provide an essential public service and the direct violation of the fundamental rights of the population”.

“The Federal Constitution not only entrusts the public power with the provision of public services, but also imposes on it the inalienable duty to maintain adequate service, a condition that extends as a legal and contractual imperative to the concessionaires, which makes prolonged interruptions legally intolerable without a rapid and informed operational response,” the judge underlined.

The judge also emphasized that the excessive duration of the interruption of more than 72 hours, without an effective emergency plan and without adequate minimum communication, highlights a serious structural failure.

“Severe weather events, although predictable at this time of year, require prior preparation, a stock of materials, team logistics and coordination with Public Authorities and Civil Protection. Recent history shows that the concessionaire has not learned lessons from previous episodes nor has it dimensioned its structure for the critical period of rain and holidays, while the demand for rapid responses is absolutely predictable,” he concluded.

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The decision determined the urgent nature, within four hours, of restoring power to hospital units and health services; electricity dependents registered with the concessionaire, whose lives depend on continued supply; essential public institutions, such as police stations, prisons and security facilities; nurseries, schools and collective spaces, particularly due to examinations and entrance tests; water supply and sanitation systems, such as Sabesp installations and condominiums equipped with electric pumps; and places that concentrate vulnerable people, such as the elderly and people with disabilities.

For all other units, power must be restored within a maximum of 12 hours, after notification from Enel.

Power outage after a cyclone

More than 800,000 properties remained without electricity in Greater São Paulo this Friday (12/12), approximately 48 hours after the extratropical cyclone formed in the south of the country.
On Thursday (11/12), more than 1.5 million customers were without electricity.
As of Wednesday (10/12), the power outage had affected more than 2 million properties.
Firefighters responded to 1,327 calls for falling trees, 19 for collapses/collapses and three for flooding/flooding during the period.
Some neighborhoods were also left without water. According to Sabesp, the lack of electricity is preventing homes from being supplied.

What does Enel say?

Searched by MetropolisesEnel said it had not been informed of the decision and that it “continues to work without interruption to restore energy supplies to the rest of the population that was affected by the climate event.”