Sistematização e análise da regulação dos serviços locais de gás canalizado no estado do Espírito Santoo protagonismo do novo contrato de concessão

Resumo

The papper focuses on the new concession contract for local piped gas services entered into by the State of Espírito Santo in the year 2020 and its significance for the development of the regulation of local piped gas services, with particular attention to the open market. It commences with an understanding of the historical context that preceded it, which led the State to establish a mixed economy company authorized by law to exploit these services. The equity participation of the previous concessionaire as a shareholder in the new state-owned company is the solution adopted to resolve the controversy concerning the right to compensation due to the termination of the previous contract, which was declared null and void both judicially and administratively, and also by the Legislature. Once the company is established, negotiations commence for the modeling of the new contract, which coincides with discussions prompted by the Union, through the Ministry of Mines and Energy, for the development of the gas market. Among these discussions, there is a focus on the role of the states in regulating local piped gas services and the appropriate incentives for the open market. It is within the framework of the procedure for resolving the nullity declaration of the previous contract that the State of Espírito Santo restructures its regulation. Economic and financial clauses are introduced that align with efficiency, referencing the competencies to be exercised by the regulatory agency, and stipulating rules that the concessionaire and regulatory agency must adhere to in order to implement the open market for piped gas. Following the contract, the regulation of the aforementioned market evolves with the enactment of State Law 11.173/20 and ARSP Resolution 046/2021. This regulatory framework, whose main aspects are systematized in this present work, also aims to investigate to what extent it represents advancement in improving the provision of local public piped gas services and contributes to the development of the network industry they are integrated into.

Ficha do documento

Tipo

Dissertação

Ano

2023

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/34167

Temas

Concessões

Palavras-chave

Concession contractLocal piped gas servicesOpen market of piped gasRegulationMain aspectsServiço local de gás canalizadoContrato de concessãoRegulaçãoMercado livreSistematizaçãoPrincipais aspectosDireitoGás - DistribuiçãoCanos e canalização de gásConcessões administrativasContratos administrativos - Espírito Santo (Estado)