ADMINISTRATIVE AND REGULATORY

Expertise in consultation and litigation arising from the generic issues of the relationship between private companies and the State, such as expropriations, utility easements, public bids and administrative contracts, administrative sanction proceedings, official misconduct lawsuits and anti-corruption law. Our experience also derives from carrying out jobs related to sectors that are highly relevant to the economy and infrastructure, such as electricity, ports, railways and airports, among others. Consequently, the area has been delivering consistent results to its clients.

Among the activities carried out by this area of practice, the team’s work before the Agência Nacional de Energia Elétrica (ANEEL), the Câmara de Comercialização de Energia Elétrica (CCEE) and the Operador Nacional do Sistema (ONS) merits special attention, given that such work encompasses the most recent discussions within the electricity sector, including tariff review methodologies, exposure to radiation from transmission and distribution lines, and discrepant costs imposed on the agents of the sector by government policies, such as costs related to the Conta de Desenvolvimento Energético – CDE.

Among the main activities developed by the area, the following also stand out:

• Assistance in administrative defenses against notices of infraction imposed by regulatory bodies;
• Assistance to a large technology company in all its purchase and sale agreements as well as in its service-rendering contracts with public bodies;
• Representation of clients in arbitrations related to electricity purchase and sale contracts;
• Drafting of a legal opinion for an association of electricity-related companies regarding the application of the anti-corruption law (Law 12.846/2013);
• Representation in a lawsuit against the Agência Nacional de Energia Elétrica – ANEEL in order to revert a decision that imposed losses on an operation in the electricity sector;
• Representation in an official misconduct lawsuit regarding the privatization of a state-owned company;
• Representation in an official misconduct lawsuit regarding advertising contracts entered into with a state-owned company;
• Representation before the administrative authorities and the courts in order to stave off penalties for failure to generate energy from biomass;
• Filing of lawsuits for six different electricity distributors in order to seek compensation from the federal government for outstanding payments;
• Representation of electricity distributors in lawsuits seeking tariff reviews;
• Representation of an electricity generator client in lawsuits seeking to nullify administrative decisions of the Agência Nacional de Energia Elétrica – ANEEL and avoid financial losses;
• Acting as amicus curiae before state courts, the superior court and the supreme court on behalf of an association of electricity distributors in lawsuits that interest the sector;
• Representation of an association of large electricity-consumers in a lawsuit against a decision rendered by the Ministry of Mines and Energy.