Provisional Measure No. 2147, 15 May 2001

Original Language Title: Medida Provisória nº 2.147, de 15 de Maio de 2001

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PROVISIONAL MEASURE N ° 2,147, DE May 15, 2001

Creates and installs the Management Board of the Electrical Power Crisis, the Government Council, sets guidelines for programs to tackle the electrical energy crisis and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC,

in the use of the assignment that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1 ° It is created and installed the Management Chamber of Electric Power Crisis-GCE with the aim of proposing and implementing measures of an emergency nature to match the demand and supply of electrical energy, in a manner that prevent untimely or unforeseen interruptions of the electric power supply.

Art. 2 ° À GCE competes:

I? establish and manage the Electrical Energy Consumption Consumption Reduction Program ;

II? establish and manage the Strategic Energy Electrical Program Electrical ;

III? monitor and evaluate the macro and microeconomic consequences of the electrical 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? propose the recognition of public calamity situation ;

VI? establish electric power usage limits ;

VII? establish compulsory measures for reducing electric power consumption ;

VIII? propose alteration of tributes and tariffs on goods and equipment that produce or consume energy ;

IX? decide on the deployment of individual and collective rationing and suspension of electrical power supply ;

X? define the organ or entity responsible for the deployment and implementation of the measures determined ;

XI? articulate?if with the Powers of the Union and the other federated ones objecting to the deployment of programs of tackling the electric power crisis ;

XII? impose restrictions on the use of water resources not intended for human consumption and that are essential to the operation of hydroelectric

XIII? propose, observed the provisions of Supplementary Law No. 101 of May 4, 2000, the adjustment of the investment limits of the federal state electric sector ;

XIV? adopt other measures for the reduction of consumption and extension of transmission and supply of electric

XV? establishing negotiations with specific sectors of consumers for greater electric power consumption economy ;

XVI? establish specific procedures for operation of the Electrical Power Atacadist Market? MAE in emergency situations ; and

XVII? establish guidelines for the social communication actions of the energy sector bodies and entities, targeting the proper dissemination of the programs of which this Provisional Measure is concerned.

Single Paragraph. The requests and determinations of the GCE to the organs and entities of the Federal Public Administration will be met in priority character, within the period of time marked by it.

Art. 3 ° The GCE has the following composition:

I? Ministers of State:

a) Head of the Civil House of the Presidency of the Republic, who will chair it ;

b) of Mines and Energy, which will be your deputy?president ;

c) of Development, Industry and Exterior Trade ;

d) of the Farm ;

e) of Planning, Budget and Management ;

f) of the Environment ;

g) Head of the Government Communication Office of the Presidency of the Republic ; and

h) Head of the Office of the Institutional Security of the Presidency of the Republic ;

II? maximum leaders of the following entities:

a) National Electric Power Agency? ANEEL ;

b) National Water Agency? ANA

c) National Bank of Economic and Social Development? BNDES ; and

d) National Petroleum Agency-ANP ;

III? Director?Chairman of the National Operator of the Electric System? ONS ;

IV? Director?Brazilian General of Binational Itaipu ; and

V? other members designated by the President of the Republi

§ 1º Poor will be invited to attend the meetings of the technical GCE, personalities and representatives of public and private bodies and entities.

§ 2º Does the legal advisor to GCE be provided by Advocacy?General of the Union.

§ 3º The members referred to in the incisos I, points "a" and "b", II, paragraph "a", and III and IV of this article, shall devote full time to the proceedings of the GCE, without prejudice to the exercise of the custodial attributions of the respective posts.

§ 4º The President of the Republic shall designate the members who will constitute the executive core of the GCE.

§ 5º The President of the GCE will be able to practice the acts provided for in art. 2º ad referendum of the House, ears the members of the executive core.

Art. 4º The measures for overcoming the energy crisis will be disciplined in short, medium and long term programs that will follow the guidelines set out in this Provisional Measure.

Art. 5º The Emergency Electrical Energy Consumption Reduction Program is aimed at reconciling the energy demand with the supply so as to prevent untimely or unforeseen interruptions of the power supply, understanding short-term actions for:

I? establish cargo contingency plan, defining the elements and measures required for compulsory reduction in electrical power demand ;

II? optimize power consumption by prioritizing strategic sectors ;

III? descouring educational campaigns with a view to raising awareness of the population for the need for reducing energy consumption ;

IV? stimulate the immediate replacement of apparatuses, equipment and technologically overtaken installations at their energy consumption levels ;

V? set special consumer tariff schemes according to their levels and consumption limits, as well as to provide for the granting of bonds by reduced consumption of electric energy ;

VI? establish power usage limits ;

VII? stimulate the autoproduction of energy ;

VIII? establish other measures that contribute to achieving the objectives of the Program ; and

IX? define specific conditions of commercialization of electric power between dealers, permissionaries and authorized, as well as between these and consumers, objecting to the extension of supply or reduction of consumption

Art. 6 The Strategic Energy Electrical Program is aimed at increasing the supply of electrical power to ensure full demand fulfillment, with reduced cargo contingency risks, avoiding losses to the population, restrictions on economic growth and their undesirable impacts on employment and income, and will understand medium-and long-term actions that should:

I? ensuring full implementation of the economic and financial regime of public electric power utility concessions, in the form of the Laws 9,074, July 7, 1995, 9,427, December 26, 1996, and 9,648, of May 27, 1998 ;

II? expand the power supply ;

III? diversify the energy matrix, so as to reduce the dependence of the hydrological regime ;

IV? foster research with views to the development of alternative sources of energy ;

V? optimize the power distribution ;

VI? maximize the productivity of the installed generator sources and complete the projects in deployment ; and

VII? institute compulsory programmes for rationalization of energy use.

Art. 7º GCE will be able to recognize emergency character for works, services and purchases necessary for the implementation of the emergency measures for overcoming the electrical energy crisis, including for the purposes of the incision IV of the art. 24 of Law No. 8,666 of June 21, 1993.

§ 1º Do not apply, in the hypotheses of this article, the maximum period of one hundred and eighty days for the completion of the works and services and the extension fence set forth in the inciso IV of the art. 24 of Law No. 8,666 of 1993.

§ 2º Could be instituted systematic award of award or performance bonuses to contracted companies, by anticipation, completion of works and services referred to in the caput.

Art. 8º The competent bodies, in the authorization or licence procedures of the endeavors necessary to increase the country's electric power supply, will meet the principle of speed.

§ 1º The ventures referred to in the caput comprise, among others:

I? power transmission lines ;

II? pipelines and pipelines ;

III? thermoelectric plants ;

IV? hydroelectric plants ;

V? generation of electric power by alternative sources ; and

VI? import of energy.

§ 2º Observed the willing in the arts. 3 °, inciso II, and 225 of the Constitution, the environmental licensing of the endeavors referred to in this article, shall be decided by the competent bodies, with all their formalities, included the analysis of the environmental impact report, when it is the case, within the period of up to:

I? three months, in the case of the inciso 1 of § 1 ° ;

II? four months, in the cases of the incisos II, III and V of § 1º; and

III? six months in the case of the inciso IV of § 1º.

§ 3º Through June 30, 2001, the National Environment Council? CONAMA will establish simplified specific licensing procedures, with a maximum period of sixty days of tramway, for ventures, referred to in the caput, of small size environmental impact.

§ 4º The studies and opinions required for the authorisation or licensing referred to in the caput may be carried out by physical or legal persons, of notorious specialty, contracted for this purpose, by the competent bodies.

Art. 9 The funding with resources of funds and programs, the office of the federal financial institutions will give priority to the actions understood within the programmes of which they treat the arts. 5 ° and 6 ° of this Provisional Measure.

Single Paragraph. The budgets of the funds and programs of which it treats the caput shouldbe reviewed for compliance with the provisions of this article.

Art. 10. The administrative support and means necessary for the implementation of the work of the GCE shall be provided by the Civil House of the Presidency of the Republic.

Art. 11. The President of the GCE will be able to request, in an unreasonable manner, without prejudice to the rights and advantages to which they make jus in the respective bodies and entities and origin, public servants and employees, of the Federal Public Administration, direct and indirect, to assist the proceedings of the House.

Art. 12. The GCE will be extinguished upon act of the President of the Republic.

Art. 13. This Provisional Measure comes into force on the date of its publication.

Brasilia, May 15, 2001 ; 180 ° of Independence and 113 ° of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Alcides Lopes Tapies

Jose Jorge

Martus Tavares

Jose Sarney Filho

Pedro Parente

Alberto Mendes Cardoso

Gilmar Ferreira Mendes

A Andrea Matarazzo