Judicial decision prohibits installation of four gas-fired thermal plants in RJ bay

A decision by the Rio de Janeiro judiciary prohibited four floating thermoelectric plants from being installed in the waters of the Sepetiba Basin, West Zone of Rio de Janeiro, without carrying out an environmental impact study.

The project, the result of a simplified competitive procedure (PCS) carried out in 2021, so that the country would not run the risk of a blackout, if there was no level recovery, expects to generate 560 megawatts of energy, enough to supply an area with two million of inhabitants.

The installation of the four plants involved an investment of R$ 3.1 billion. They should have started operating in May and are late. The delay limit for the start of operations is 90 days, which the National Electric Energy Agency (Aneel) extended by another ten. If it is not respected, the agency may terminate the contract.

The Sepetiba thermoelectric plants are responsible for 47% of the energy contracted in the PCS. The Rio de Janeiro Court of Justice (TJ-RJ) accepted a request from the Public Ministry (MP-RJ). In the decision, Judge Georgia Vasconcellos da Cruz, of the Second Public Finance Court, defined the conclusion of the opinion of the State Institute for the Environment (Inea) as contradictory.

The document understands that it is an “undertaking potentially causing a significant environmental impact”, with “size and polluting potential”, but waived the need to carry out an environmental impact study. The decision stipulates a daily fine of R$ 50 thousand in case of disobedience. Sought, Inea informed that it had not yet been notified of the decision.

Among the endangered species that inhabit Sepetiba Bay is the gray dolphin. The animal is a symbol of Rio de Janeiro and is represented on the city’s flag.

According to the Laboratory of Aquatic Mammals and Bioindicators, at the University of the State of Rio de Janeiro (Maqua/Uerj), less than 40 specimens of the mammal remain.

Executive director of Instituto Arayara, a non-governmental organization that approached the MP-RJ to denounce the illegality of exempting an environmental impact study for the construction of thermoelectric plants, Nicole Figueiredo de Oliveira explains the potential environmental threats posed by the enterprise.

“The studies are superficial, but the information available shows that the water collected and used to cool the boilers would be returned at temperatures between 14°C and 18°C ​​above the capture. A difference of two degrees is enough to threaten the survival of some species”, he explains.

The institute also points out that, due to the urgency, the thermal plants were contracted at costs, on average, up to seven times higher than the thermal plants contracted in other auctions.

“Now these plants are no longer needed. Apart from that they are powered by natural gas, a fossil fuel, and we should give preference to renewable sources. In addition, they would make the energy bill even more expensive. In practice, the court decision makes it impossible to implement the plants, because there is no way to complete the stages of an environmental impact study, with public hearings, in less than 45 days”, concludes Nicole.

Asked about the court decision and its impacts, Aneel highlighted that the four units have not yet started commercial operations.

“Aneel is not part of the legal process, but monitors the plant implementation process, including the penalties and conditions applicable in cases and delays in the contracted terms. These plants have already been notified of the delay and the process for applying the applicable penalties is under investigation at Aneel,” the agency said in a statement.

Source: CNN Brasil

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