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DECREE OF October 19, 2010
Outorga to Ferreira Gomes Energia company S.A. granting of public good use for exploitation of the hydraulic power potential, named Usina Hydrotric Ferreira Gomes, in stretch of the Araguari River in the State of the Amapá, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso IV, of the Constitution, and in view of the provisions of the Leis nos 9,074, of July 7, 1995, and 10,848, of March 15, 2004, in the Decrees nos 2,003, September 10, 1996, and 5,163, of 30 de July 2004, and what is stated in Process no 48500.005179 /2010-67,
DECRETA:
Art. 1o It gets outored to Ferreira Gomes Energia S.A. company granting of public good for electrical power generation, with views to the exploitation of hydraulic power potential, through the Hydro Gomes Hydrotric Usina, and the respective transmission facilities of restricted interest of the central generator, in stretch of the Araguari River, in the Municipality of Ferreira Gomes, in the State of Amapá.
Single Paragraph. The electric power produced will be marketed by the dealership, in view of its Independent Producer condition, pursuant to the Leis nthe 9,074, July 7, 1995, and 10,848, of March 15, 2004, and the Decrees nthe 2,003, of September 10, 1996, and 5,163, of July 30, 2004.
Art. 2o The concession that it treats this Decree will be in force for the term of thirty-five years, counted from the date of the outorga.
Single Paragraph. The Concession Contract is to be signed within the period stipulated by the Ministry of Mines and Energy, under penalty of ineffectiveness of the concession awarded by this Decree.
Art. 3o The dealership should deploy restricted-interest transmission facilities to the Usina Hydrotric Ferreira Gomes, I shall be provided with the negotiated acquisition of the respective servings, even if on public domain grounds and public lane domain strips, with subjection to administrative regulations.
Art. 4o The goods and facilities used for the production of electric power in the Hydropower Plant Ferreira Gomes may only be removed, ceded, transferred or disposed of upon prior and express authorization from the National Agency of Electric Power-ANEEL.
Single Paragraph. Upon the expiry of the concession deadline, the goods and facilities linked to the operation of the Hydrotric Ferreira Gomes and of the transmission facilities of restricted interest of the generator plant will become integral to the Union heritage, guaranteed to compensation of those still unamortized, in the form of the legislation in force.
Art. 5o The dealership is obliged to satisfy the requirements for environmental protection, flood control, reservoir management and respective areas of protection, and other acautelative prescriptions of water use, provided for in art. 143 of the Code of Waters and in the subsequent legislation.
Art. 6o This Decree goes into effect on the date of its publication.
Brasilia, October 19, 2010 ; 189o of Independence 122the of the Republic.
LUIZ INACIO LULA DA SILVA
Marcio Pereira Zimmermann
