Decree Of 02 April 2002

Original Language Title: Decreto de 02 de abril de 2002

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DECREE OF April 2, 2002

Outorga concession for exploration of hydraulic potential, by means of the hydropower plant named São Salvador, in stretch of the Tocantins River in the State of Tocantins, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and in view of the provisions of Law No. 9,074 of July 7, 1995, and in Decree No 2,003 of September 10, 1996, as well as that which is contained in Process No 48500.003804 /01-10,

DECRETA:

Art. 1º It is given to the Energy Company São Salvador grant of public good use for exploitation of hydraulic potential, by means of the hydropower plant named San Salvador and the transmission system of interest restricted from the generator central, in stretch of the Tocantins River, located in the Municipalities of Paranã and San Salvador, State of the Tocantins.

Single Paragraph. The electric power produced shall be marketed, in the condition of independent producer, under the terms of Law n9.074 of July 7, 1995 and of Decree No 2,003 of September 10, 1996.

Art. 2º The granting of this Decree shall apply for the duration of thirty-five years, counted from the date of signature of the respective Public Good Use Concession Agreement.

§ 1º The contract is to be signed within the time limit stipulated by the National Electric Power Agency-ANEEL, under penalty of ineffectiveness of the concession bestoned by this Decree.

§ 2º The application of the Concessionaire, submitted up to thirty-six months prior to the termination of the term of the contract, the concession may be extended, under the conditions stipulated.

Art. 3º The Concessionaire may establish transmission lines intended for the transport of electric power to their respective charge centres, and I shall provide you with the negotiated acquisition of the respective servings, even if on public domain land and public lane domain strips, with subjection to administrative regulations.

Art. 4º The goods and facilities used for the production of electric power at the plant referred to in art. 1º can only be removed, ceded, transferred or disposed of upon prior and express authorization from ANEEL.

Single Paragraph. Upon the expiry of the concession deadline, the goods and installations linked to the operation of the hydropower plant São Salvador and the transmission system of restricted interest of the generator will pass on to the Union heritage, guaranteed compensation of those still unamortized, in the form of the legislation in force.

Art. 5º The Concessionaire is obliged to satisfy the requirements of environmental protection, flood control, reservoir management and respective areas of protection, and other acautelative prescriptions of water use, predicted in art. 143 of the Code of Waters and the subsequent legislation.

Art. 6º This Decree goes into effect on the date of its publication.

Brasilia, April 2, 2002 ; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente