Decree No.

Original Language Title: DECRETO N

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DECREE NO7,521, DE July 8, 2011

It gives new essay to the arts. 24, 36 and 40 of Decree #5,163, of July 30, 2004, which regulates the commercialization of electric power, the process of outorga of concessions and electrical power generation authorizations and gives others provider.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, incisions IV and VI, paragraph "to", of the Constitution, and in view of the provisions of the Laws 9,074, of July 7, 1995, 9,427, December 26, 1996, 9,648, May 27, 1998, 10,438, April 26, 2002, 10,604, December 17, 2002, and 10,848, of March 15, 2004,

D E C R E T A:

Art. 1º The arts. 24, 36 and 40 of Decree No 5,163, of July 30, 2004, pass vigorously with the following essay:

" Art. 24. ...................................................................................

§ 1º ...........................................................................................

I-from the maturity of purchase contracts of electric power of distribution agents in year "A-1" ; and

II-of the reduction, with contractual forecasting, of quantity contracted by the distribution agents in the year "A-1".

§ 2º Do not integrate the amount of reposition as reductions referred to in art. 29 and the expiration of contracts concluded by means of adjustment auctions referred to in art. 26.

§ 3º ................................................. ..........................

I-up to half per cent of the agent's load of buyer distribution, verified in the year "A-1", above the reposition amount mentioned in the caput, the exclusive criterion of the distribution agent ;

II-the frustrated purchase in auctions that it treats the caput and the involuntary contractual exposure of which it treats art. 3º, § 7º, inciso IV, as long as recognized by ANEEL ;

............................................................................................... " (NR)

" Art. 36. ...................................................................................

I-in the electric power purchase auctions coming from new ventures carried out in the year "A-5", full return of the costs of acquiring electrical energy, observed the provisions of art. 40 ;

II-in the electric power purchase auctions coming from new ventures carried out in the year "A-3", noted the provisions of art. 40:

a) full repass of the acquisition costs of the amount of electric power corresponding to up to two per cent of the load of the purchaser distribution agent verified in the year "A-5", plus the difference, if positive, between the total amount contracted in the "A-3" auctions occurred during the year and the amount arising from the Declaration of Need of the agent for these auctions ; and

b) pass from the lowest value between the VL5 and the VL3, defined in art. 34 and monetarily corrected, of the acquired parcel exceeding the amounts referred to in paragraph "to" this inciso ;

............................................................................................... " (NR)

" Art. 40. The repass to the final consumer tariffs of the acquisition costs of the share of electric power coming from new generation ventures equivalent to the difference between the minimum rehiring limit and the quantity effectively contractor in the power purchase auctions from existing ventures will be limited to the Existing Energy Reference Value-VRE.

§ 1º Understand for minimum limit of rehiring the positive value resulting from the following equation:

LM = 96%. MR

where:

LM is the minimum hiring limit ;

MR is the amount of reposition referred to in art. 24 ; and

§ 2º The VRE is the weighted average value, in Reais by MWh, of electrical energy acquisition arising from existing ventures in the auctions held in the year "A-1".

§ 3º The repass limit to which the caput will be applied only in the first three years after the power purchase auction arising from existing ventures in which the minimum rehiring threshold has not been reached.

§ 4º The repass limit to which the caput is to be applied to the share of electric power, coming from new ventures, acquired in the auctions held in the year "A-3" or "A-5" with higher price CCEARs.

§ 5º The provisions of this article do not apply to the cases where the minimum rehiring limit has not been achieved by insufficiency of supply in the electric power auctions arising from existing ventures, carried out in the year "A-1", at the maximum price set in § 2º of the art. 19. " (NR)

Art. 2º This Decree shall enter into force on the date of its publication.

Art. 3º Stay revoked § 6º of the art. 24 and the "c" point of the inciso II of the caput of the art. 36 of Decree No 5,163 of July 30, 2004.

Brasilia, July 8, 2011 ; 190º of the Independence and 123º of the Republic.

DILMA ROUSSEFF

Edison Loban