DECREE OF January 13, 2000.
Outorga to the Energy Company of Borborema? CELB concession for distribution of electric power in municipality of the State of Paraíba, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, using the attribution that confers it on art. 84, inciso IV, of the Constitution, pursuant to the law No. 8,987 of February 13, 1995, of the arts. 27, 28 and 30 of Law No. 9,074 of July 7, 1995, and with a view to what is stated in Case No. 48500.003735 /99-11,
Art. 1º Ficam bestoed to the Energy Company of Borborema? CELB concession for the distribution of electric power in the Municipalities of Boa Vista, Campina Grande, Fagundes, Lagoa Seca, Massaranduba and Queimadas, in the State of the Paradba.
Single Paragraph. Does the granting of which handle this article do not confer on the Borborema Energy Company? CELB exclusivity of supply to consumers achieved by the arts.15 and 16 of Law No. 9,074 of July 7, 1995.
Art. 2º Is the Borborema Energy Company authorized? CELB to promote the deployment of transmission lines associated with the electric power distribution services in its concession area, understood by the municipalities indicated in the previous article.
Art. 3º The exploration of the electrical energy distribution services constitutes individualized concession for the related municipalities in the art. 1º regrouped pursuant to the ANEEL Resolution No. 27, of February 11, 1999, of the National Electrical Energy Agency? ANEEL, for all legal and contractual purposes, in particular for the purposes of eventual expiry, intervention, encamption or extinction.
Art. 4º The concession ora will apply for the thirty-year term, only having effectiveness from the signature of the respective grant agreement.
Single paragraph. The concession contract should contain clauses of waiver, on the part of the Dealership, to preexisting rights that contravenes Law No. 8,987 of February 13, 1995.
Art. 5º The Energy Company of Borborema? CELB should:
I? sign the concession contract on the deadline determined by ANEEL;
II? comply with the provisions of the Code of Waters, subsequent laws and their regulations; and
III? if you intend to extend it, require it to the Power Concepdent until thirty and six months before the expiry of the deadline set in the art. 4º of this Decree, upon conditions that come to be established.
Art. 6º The existing goods and facilities in function of the electric power distribution service are linked to the public services granted, vedated their alienation, assignment, transfer or dation in warranty, without prior and express authorization of the Concepting Power.
Single paragraph. Fining the term of the concession, the goods and facilities linked to the provision of the services granted, will revert to the Union, in the manner provided for in law and in the Grant Agreement.
Art. 7º Ficam declared extinct the concessions previously bestoed to the Borborema Energy Company? CELB, as well as possible recognized rights of exploitation of the preexisting public electrical energy services to this Decree, waived the Union, of conformity with art. 28 of Law No. 9,074, of 1995, to the reversal of the goods and facilities linked to that concession, which remain integrated into the acquis of the concession ora bestoded.
Art. 8º This Decree will enter into force on the date of its publication.
Brasilia, January 13, 2000; 179º of Independence and 112º of the Republic.
Fernando Henrique Cardoso
Rodolpho Tourinho Netto