Enron Mail

From:orlando.gonzalez@enron.com
To:rebecca.mcdonald@enron.com, james.hughes@enron.com, john.lavorato@enron.com,richard.shapiro@enron.com
Subject:rationing plan
Cc:joe.kishkill@enron.com
Bcc:joe.kishkill@enron.com
Date:Fri, 25 May 2001 02:07:00 -0700 (PDT)

A short summary published today about the legal situation. =20

Growing Legal Problems for Energy Rationing Program
The legal battle provoked by the government =01,s energy rationing program
intensified Thursday with a S?o Paulo judge throwing out the program =01,s
penalties.
Thursday night,a judge in the city of Mar?lia,S?o Paulo issued an injunctio=
n
suspending all of the penalties contained in the program for households or=
=20
firms
that exceed quota levels for electricity consumption.The injunction was in
response to a challenge of the penalties filed by a federal prosecutor and =
is
applicable to the entire country.
The judge ruled that higher energy charges and the threat of a=20
momentarycutoff of electricity for persons or companies that exceed their=
=20
quotas were
unconstitutional.
Also on Thursday several Supreme Court justices stated that they have no
doubts that a controversial decree issued by the government Wednesday is
unconstitutional.The decree states that measures taken to combat the energy
crisis do not have to respect Brazil =01,s consumer protection code.Accordi=
ng to=20
the
justices,who declined to be identified,the decree violates three articles o=
f=20
the
constitution.
In S?o Paulo,the number of suits challenging the government program
reached seven in the federal district court while in Rio a total of four=20
suits had
been filed by the end of Thursday.
Thus far the government =01,s only response to the program =01,s legal prob=
lems
has been to mobilize federal attorneys to overturn any injunctions issued b=
y=20
lower
court judges.At some point,however,the government will also have to deal wi=
th
the damage to its image caused by the unpopular aspects of the program.
In related developments Thursday:
=01=07the head of the energy crisis management team Pedro Parente said that=
the
government would consider a proposal defended by some electricity utilities=
to
declare every Monday a holiday.Parente said his team would analyze the
economic impact of such a measure which would be only be adopted if the=20
current
rationing program fails to produce the needed 20%cut in electricity=20
consumption.
=01=07 the government created a special group of energy experts to prepare =
the
details of a program of rolling blackouts similar to what has been applied =
in=20
the
American state of California,also suffering from an energy crisis.Thus far
blackouts have been ruled out in Brazil and would only be adopted if=20
absolutely
necessary.
=01=07the water level of reservoirs for hydroelectric plants is continuing =
to=20
decline.
According to figures for May 23,the average level in the southeast and=20
central-
west regions was 29.5%,down from 32%on May 1,a reduction of 7.5%.In the
northeast,the average level fell from 32.6%to 28.5%over this same period,a
reduction of 12.6%.Thus far the decline in consumption is not keeping pace=
=20
with
the reduction of generating capacity.For the week May 17-23,consumption in
the southeast and central-west regions fell 4.6%and in the northeast the=20
decline
was 5.4%.
=01=07the Brazilian Association of Shopping Centers (Abrasce)proposed to me=
et
its consumption quota by reducing the shopping period by two hours a day.Ma=
lls
would open an hour later than at present and close an hour earlier.
=01=07the government is expected to announce today the energy quotas for
specific business sectors.Each sector will be required to reduce its=20
consumption
by between 15%and 25%.