DECREE of OCTOBER 19 2010 Gives the company Ferreira Gomes Energia S.A. concession for the use of public hydraulic power potential, named Ferreira Gomes hydroelectric power plant, in excerpt from Rio Araguari, in the State of Amapá, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, section IV, of the Constitution, and in view of the provisions of the laws on 9074, of 7 July 1995, and 10848, 15 March 2004, in the Decrees in 2003, of 10 September 1996, and 5163, of 30 July 2004, and in the process in 48500.005179/2010-67, DECREES: Art. 1 Is granted to company Ferreira Gomes Energia S.A. concession for the use of public good for electric power generation, with a view to the exploitation of hydropower potential, through the hydroelectric power plant of Ferreira Gomes, and their restricted interest transmission facilities of the generator in central stretch of the Rio Araguari, in the municipality of Ferreira Gomes, in the State of Amapá in Brazil.
Sole paragraph. The electricity produced will be commercialized by the concessionaire, with a view to their condition of Independent Producer, pursuant to laws in 9074, of 7 July 1995, and 10848, 15 March 2004, and the Decrees in 2003, of 10 September 1996, and 5163, 30 July 2004.
Art. 2 the grant of this Decree shall remain in force for a period of 35 years, counted from the date of grant.
Sole paragraph. The concession contract should be signed within the time limit set by the Ministry of mines and energy, under penalty of ineffectiveness of the concession granted by this Decree.
Art. 3 the concessionaire should deploy restricted interest transmission facilities to the hydroelectric power plant of Ferreira Gomes, provided the acquisition negotiated their way, even in lands of the public domain and domain ranges from public roads, with subjection to administrative regulations.
Art. 4 the goods and facilities used in the production of electricity in hydroelectric power Ferreira Gomes can only be removed, disposed of, transferred or disposed of by express prior authorization by the National Electric Energy Agency-ANEEL.
Sole paragraph. After the term of the concession, the assets and facilities linked to the exploitation of the hydroelectric power plant of Ferreira Gomes and facilities restricted interest transmission generating Center will integrate the assets of the Union, guaranteed the compensation of those not yet written off, in the form of the legislation in force.
Art. 5 the concessionaire is obliged to meet the requirements of environmental protection, flood control, management of the reservoir and areas of protection, and other acauteladoras of water use requirements, provided for in art. 143 of the code of waters and in subsequent legislation.
Art. 6 this Decree shall enter into force on the date of its publication.
Brasília, 19 October 2010; 189 122 of the Republic independence.
LUIZ INACIO LULA DA SILVA Marcio Pereira Zimmermann