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Decree Of August 2012 01

Original Language Title: Decreto de 01 de agosto de 2012

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DECREE OF 1º OF AUGUST 2012.

Outorga à company São Roque Energethics S.A. grant of use of public good for exploration of the hydraulic power potential, named Usina Hyrelometric São Roque, in excerpt from the Canoas River, State of St. Catherine, and gives other arrangements.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that confers you the art. 84, caput, inciso IV, of the Constitution, in view of the provisions of the Laws n ° 9,074 of July 7, 1995, and No. 10,848 of March 15, 2004 in the Decrees n ° 2,003 of September 10, 1996 and No. 5,163 of July 30, 2004 and in accordance with the appearing in Process n ° 48500.006740 / 2011-14,

DECRETA:

Art. 1 ° It is bestoed to the company São Roque Energethics S.A. grant of use of public good for electric power generation, with the aim of exploiting hydraulic power potential, by means of the Hyrelometric Usina São Roque and transmission facilities of restricted interest of the generating plant, in excerpt from the Rio Canoas, in the Municipalities of Vargem and São José do Cerrito, State of Santa Catarina.

Paragraph single. The electric energy produced will be marketed by the dealership, in view of its condition as an independent producer, pursuant to the Laws No. 9,074 of July 7, 1995, and No. 10,848 of March 15, 2004 and of the Decrees n ° 2,003 of 10 of september 1996, and n ° 5,163, of July 30, 2004.

Art. 2 ° The concession that it treats this Decree shall apply for the period of thirty five years, counted from the date of signature of the public good use concession contract.

Single paragraph. The concession contract shall be signed within a time stipulated by the Ministry of Mines and Energy, under penalty of ineffectiveness of the concession bestoed by this Decree.

Art. 3 ° The dealership is expected to deploy transmission facilities of restricted interest to Hydroelectric Usina São Roque, sensing it to the negotiated acquisition of servitude, even if on public domain grounds and lane-domain tracks public, with subjection to administrative regulations.

Art. 4 ° The goods and facilities used for production of electrical energy in the Hydroelectric Usina São Roque shall only be removed, yielded, transferred or disposed of upon prior and express authorization of the National Electrical Energy Agency- ANEEL.

Single paragraph. End the term of the concession, the goods and facilities linked to the exploitation of the Usina Hyrelometric São Roque and the restricted interest transmission facilities of the generating plant will pass on to integrate Union heritage, guaranteed the indemnity of goods and facilities not yet amortized, in the form of the legislation in force.

Art. 5 ° The dealership is obliged to satisfy the requirements of environment protection, flood control, reservoir management, protection areas and too many acautelating requirements of the use of water, provided for in the art. 143 of Decree No. 24,643, of July 10, 1934-Code of Waters, and in the subsequent legislation.

Art. 6 ° This Decree comes into effect on the date of its publication.

Brasilia, 1º August 2012; 191 ° of Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Edison Lobão