PROVISIONAL MEASURE No. 2147, of 15 MAY 2001 Creates and installs the Electric energy crisis management, the Council of Government, establishes guidelines for programs to fight the crisis of electricity and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1° Is created and installed the Electric energy crisis management-GCE in order to propose and implement emergency measures to match the demand and supply of electric power, so as to avoid undue interruptions or unforeseen circumstances the supply of electric power.
Art. 2° the GCE shall: (I)? establish and manage the Emergency Program to reduce Electrical Energy consumption;
II. establish and manage the Strategic Emergency Program of electric energy;
III. monitor and evaluate the macro and microeconomic consequences of the energy crisis and the measures adopted for their confrontation;
IV. propose measures to mitigate the negative impacts of the electric energy crisis on levels of growth, employment and income;
V? proposing the recognition of public calamity;
I SAW? establish limits of use of electricity;
VII. establish compulsory measures to reduce electricity consumption;
VIII. propose amendment of taxes and tariffs on goods and equipment that produce or consume energy;
IX. decide how the deployment of rationing and individual and collective suspension of power supply;
X? set the agency or entity responsible for the implementation and execution of measures determined;
XI? articulate? with the powers of the Union and the rest of the federated entities aiming at the implementation of programs to fight the crisis of electricity;
XII. impose restrictions on the use of water resources not intended for human consumption and which are essential to the operation of hydroelectric complexes;
XIII. propose, subject to the provisions of the complementary law No. 101, of 4 May 2000, the adjustment of the limits of federal State power sector investments;
XIV. adopt other measures to reduce consumption and extension of transmission and supply of electricity;
XV? establish negotiations with specific consumer sectors to greater economy of electric energy consumption;
XVI. establish specific procedures for operation of the wholesale market of electricity? MAE in emergency situations; and the 17th century? establish guidelines for the social communication actions of the organs and entities in the energy sector, with a view to the adequate disclosure of this provisional measure.
Sole paragraph. Requests and determinations of the GCE to organs and entities of the Federal Public Administration will be met in priority within character for her.
Art. 3° the GCE is made up as follows: (I)? Ministers of State: a) Chief of staff of the Presidency of the Republic, the presiding;
b) of mines and energy, who will be his Vice-President;
c) of development, industry and foreign trade;
and) of planning, budget and management;
f) the environment;
g) head of Government communications Secretariat of the Presidency of the Republic; and h) head of the Institutional Security Cabinet of the Presidency of the Republic;
II. maximum leaders of the following entities: the National Electric Energy Agency)? ANEEL;
b) national water agency? ANA c) National Bank of economic and Social development? BNDES; and (d)) National Petroleum Agency-ANP;
III. Director? President of the National Electric System Operator? ONS;
IV. Director? Itaipu Binacional Brazilian General; and V? other members appointed by the President of the Republic.
(1) May be invited to participate in the meetings of the ECG technicians, personalities and representatives of public and private agencies and entities.
(2) the legal advisory services to GCE will be provided by law? General of the Union.
§ 3 the members referred to in items (I), paragraph 1 (a) "a" and "b", II, "a" (a), and (III) and (IV) of this article, devote full time to the work of GCE, without prejudice to the exercise of the powers of their Office suite.
§ 4 the President of the Republic shall appoint the members to form the Executive core of GCE.
§ 5 the President of GCE can practice the acts provided for in art. 2nd ad referendum of the Board, the members of the Executive core ears.
Art. 4 the measures for overcoming the energy crisis will be disciplined in short, medium and long term that will follow the guidelines established in this provisional measure.
Art. 5 the Emergency Program of electric energy consumption reduction aims to reconcile the demand for energy with the offer, in order to avoid undue interruptions or unforeseen circumstances of energy supply, including short-term actions to: (I)? establish contingency plan, defining the load elements and the necessary measures for compulsory reduction of electric energy demand;
II. optimize energy consumption, prioritizing strategic sectors;
III. Start educational campaigns to raise awareness of the population to the need of reducing energy consumption;
IV. stimulate the immediate replacement of apparatus, equipment and facilities technologically surpassed in energy consumption levels;
V? fix special charging regimes to the consumer according to their levels and limits, as well as promote the granting of bonus for reduced consumption of electricity;
I SAW? establish limits of energy use;
VII. stimulate the self-production of energy;
VIII. establish other measures that contribute to achieving the objectives of the programme; and IX? set specific conditions of sale of electricity between permissionários and authorized dealers, as well as between them and consumers, aimed at increasing the offer or reduced consumption.
Art. 6° the emergency Electrical Energy strategic programme aims to increase the supply of electricity to ensure full attendance of the demand, with reduced contingency risks, avoiding damage to the population, constraints to economic growth and their undesirable impacts on employment and income, and understand medium and long-term actions which shall: (I)? ensure the full implementation of the economic and financial regime of public service concessions, in the form of laws Nos 9074, of 7 July 1995, 9427, of 26 December 1996, and 9648, of 27 May 1998;
II. expand the supply of energy;
III. diversify the energy matrix, in order to reduce the dependency of the hydrological regime;
IV. promote research on the development of alternative energy sources;
V? optimize the distribution of energy;
I SAW? maximize the productivity of generating fonts installed and complete the deployment projects; and VII? introduce compulsory programmes of rationalisation of energy use.
Art. 7 GCE can recognize emergency for works, services and purchases necessary for implementation of the emergency measures for overcoming the crisis of electricity, including for the purposes of the provisions of paragraph 4 of art. 24 of law No. 8666, of 21 June 1993.
paragraph 1 shall not apply in the cases of this article, the maximum period of 180 days for the completion of the works and services and the renewal set out in item IV of the art. 24 of law No. 8666 of 1993.
§ 2 May be instituted systematic allocation of award or performance bonuses to contractors, the anticipation, the completion of works and services referred to in the caput.
Art. 8 the competent organs, in cases of authorisation or license required enterprises to increase the supply of electricity in the country, will have regard to the principle of speed.
§1 the developments referred to in the caput shall include, among others: (I)? power transmission lines;
II. gas and oil pipelines;
III. power plants;
IV. hydroelectric plants;
V? generation of electric power by alternative sources; and VI? energy imports.
(2) subject to the provisions of arts. 3°, item II, and 225 of the Constitution, the environmental licensing of projects referred to in this article shall be decided by the competent bodies, with all its formalities, including the analysis of the environmental impact report, if applicable, within: I? three months in the case of item 1 of § 1°;
II. four months, in the case of sections II, III and V of paragraph 1; and III? six months in the case of item (IV) of paragraph 1.
paragraph 3 Until 30 June 2001, the National Council for the environment? CONAMA shall establish specific licensing procedures simplified, with maximum period of 60 days of processing, to the enterprises, referred to in the caput, of small environmental impact.
§ 4 the studies and opinions necessary for the authorisation or licensing referred to in the caput may be held by individuals or legal entities, of notorious specialty, contracted for this purpose by the competent bodies.
Art. 9° The financing with resources of funds and programmes, the Office of federal financial institutions will give priority to actions falling within the scope of programmes dealing with the arts. 5° and 6° of this provisional measure.
Sole paragraph. The budgets of the funds and programmes of the caput shall be reviewed for compliance with the provisions of this article.
Art. 10. The administrative support and the necessary resources for the implementation of the work of GCE will be provided by the Civil House of the Presidency of the Republic.
Art. 11. The President of GCE can order, so I couldn't refuse, without prejudice to the rights and benefits that do justice to the respective agencies and entities and origin servers and public employees, Federal public administration, direct and indirect, to assist the work of the Board.
Art. 12. The GCE will be extinguished by Act of the President of the Republic.
Art. 13. This provisional measure shall enter into force on the date of its publication.
Brasília, 15 May 2001; 180° and 113° independence of the Republic.
FERNANDO HENRIQUE CARDOSO, Pedro Malan Alcides Lopes Tápias José Jorge Martus Tavares José Sarney Filho Pedro Alberto Mendes Cardoso Relative Gilmar Ferreira Mendes Andrea Matarazzo