Advanced Search

Law No. 12783, Of 11 January 2013

Original Language Title: Lei nº 12.783, de 11 de janeiro de 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LEI NO. 12,783, OF January 11, 2013

Disposes on the generation, transmission and distribution concessions of electrical power, on the reduction of the sectoral charges and on the tariff modicity; alters the Laws 10,438, of April 26, 2002, 12,111, of December 9, 2009, 9,648, of May 27, 1998, 9,427, and 10,848, of March 15, 2004; repeal device of Law No 8,631, 4 of March 1993; and gives other arrangements.

A P R E S D E N T A D A R E P B L I C L I C A

I do know that the National Congress decrees and I sanction the following Law:

CHAPTER I

OF THE PROLONGATION OF THE ELECTRIC POWER GENERATION AND QUOTA REGIME GRANTS

Art. 1º As of September 12, 2012, the hydro power generation grants achieved by art. 19 of Law No. 9,074 of July 7, 1995, may be extended, at the discretion of the granting power, a single time, by the time limit of up to 30 (thirty) years, to ensure continuity, efficiency of service provision and modicity tariff.

§ § The extension of which it treats this article will depend on the express acceptance of the following conditions by the dealerships:

I-remuneration for tariff calculated by the National Agency of Electric Power-ANEEL for each hydroelectric power plant;

II-allocation of power and power physical guarantee quota of the hydroelectric power plant to the dealerships and permissionaries of public energy distribution service Electrical of the National Interconnected System-SIN, to be defined by the Aneel, as per the regulation of the granting power;

III-submission to the quality standards of the service set by the Aneel;

IV- (VETADO);

V-(VETADO).

§ 2º The distribution of the quotas of which it treats the inciso II of § 1º and respective remuneration shall comply with the criteria laid down in regulation, and shall seek balance in the reduction of fares of the dealerships and distribution permissionaries of the SIN.

§ 3º The quotas of which it treats the inciso II of § 1º will be periodically reviewed and the respective allocation to the dealerships and distribution permissionaries will be formalised upon the conclusion of contracts, as per the regulation of the granting power.

§ 4º The concession and quota contracts shall define the responsibilities of the parties and the allocation of the risks arising from their activity.

§ 5º In the extensions of which it treats this article, the hydrological risks, considered the Energy Reallocation Mechanism-MRE, will be assumed by the dealerships and distribution permissionaries of the SIN, with right to return to the final consumer tariff.

§ 6º Caberá à Aneel disciplinary realisation of investments that will be considered in the tariffs, with a view to maintaining the quality and continuity of the provision of the service by the hydropower plants, as per the regulation of the granting power.

§ 7º The provisions of this article apply to the hydro power generation concessions which, in the terms of the art. 19 of Law No. 9,074, of 1995, have been or not extended, or that they are with a request for an extension in tramway.

§ 8º The provisions of this Act also apply to hydro power generation grants intended for production independent or self-production, observed the provisions of the art. 2º.

§ 9º Vencing the term of the hydropower generation concessions of power equal to or less than 1 MW (one megawatt), the provisions of the art apply. 8º of Law No. 9,074, of 1995.

§ 10. Exceptionally, installment of the physical guarantee linked to the fulfillment of supply contracts achieved by art. 22 of Law No. 11,943 of May 28, 2009, shall not be intended for the allocation of physical energy and power guarantee quotas of which it treats the inciso II of § 1º, aiming at equating with the average tariff reduction of the distribution dealerships of the SIN.

§ 11. In the equiparation of which it treats § 10, it should be considered the reduction of charges of which they treat the arts. 21, 23 and 24 of this Act, of payment for the use of the transmission system, and the one arising from the contracting of paid energy by the initial generation tariff of which it treats art. 13 of this Act.

§ 12. It will be up to Aneel the definition of the procedure of which they treat § § 10 and 11, as per the regulation of the granting power.

Art. 2º Hydro power generation grants intended for self-production, whose power of the plant is equal to or less than 50 MW (fifty megawatts), could be extended, at the discretion of the granting power, a single time, by the time limit of up to 30 (thirty) years.

§ 1º The provisions of the art. 1º does not apply to the extensions of which it treats the caput.

§ 2º All the surplus of electrical energy not consumed by the consuming units of the holder of the self-production concession will be settled in the short market deadline to Settle Differences-PLD.

§ 3º The revenue earned by the settlement of which it treats § 2º can be used by the self-producer in fostering energy efficiency projects in its premises of consumption, for the entire period of the concession.

§ 4º The provisions of this article also apply to hydro power generation grants intended for self-production, irrespective of potency, as long as they are not interconnected to SIN.

§ 5º The extension of which it treats this article will be made an onerous title, being the payment for the use of the revered public good in favor of the tariff modicity, as per the regulation of the granting power.

Art. 3º Shall Fit to the Aneel, as per the regulation of the granting power, institute mechanism to compensate for changes in the level of hiring of the dealerships and distribution permissionaries of the SIN, arising from the allocation of quotas to which the inciso II of § 1º of the art. 1º.

Single paragraph. Occurring surplus in the amount of energy contracted by the dealerships and distribution permissionaries of the SIN, there will be the compulsory assignment of Energy Marketing Contract in the Regulated Environment-CCEAR, whose supply already has started or come to start up to the year for which the quota was defined, for the dealership and distribution permissionary that has reduction in the amount of contracted power.

Art. 4º The granting power will be able to authorize, as a regulation, the extension of hydropower plants whose concessions are extended under this Act, observed the principle of tariff modicity.

§ 1º The physical guarantee of energy and power of the magnification of which it treats the caput will be distributed in quotas, observed the provisions of the inciso II of § 1º of the art. 1º.

§ 2º The investments made for the magnification of which it treats the caput will be considered in the tariff processes.

Art. 5º As of September 12, 2012, thermometric power generation concessions may be extended, at the discretion of the granting power, a single time, by the time limit of up to 20 (twenty) years, in order to ensure continuity, efficiency of the provision of the service and the security of the system.

§ 1º The prolongation of which treats the caput should be required by the dealership in advance of minimum 24 (twenty four) months of the final term of the respective contract of concession or act of outorship.

§ 2º From the decision of the power granted by the extension, the dealership is expected to sign the concession contract or the additive term within up to 90 (ninety) days counted from the convocation.

§ 3º The failure to meet § 2º will imply the impossibility of the extension of the concession, at any time.

§ 4º At the discretion of the granting power, the generational concessions extended pursuant to this article may be directly contracted as booking energy.

CHAPTER II

OF THE PROLONGATION OF THE TRANSMISSION AND DISTRIBUTION CONCESSIONS OF ELECTRIC POWER

Art. 6º As of September 12, 2012, the electrical power transmission concessions achieved by § 5º of the art. 17 of Law No. 9,074, 1995, may be extended, at the discretion of the granting power, a single time, by the time limit of up to 30 (thirty) years, in such a way as to ensure continuity, efficiency of service provision and tariff modicity.

Single paragraph. The extension of which it treats this article will depend on the express acceptance of the following conditions by the dealerships:

I-revenue fixed as criteria established by the Aneel; and

II-submission to the quality standards of the service set by Aneel.

Art. 7º As of September 12, 2012, the electrical power distribution concessions achieved by art. 22 of Law No. 9,074, 1995, may be extended, at the discretion of the granting power, a single time, by the time limit of up to 30 (thirty) years, to ensure continuity, efficiency of service provision, tariff modicity and service the criteria of operational and economic rationality.

Single paragraph. The prolongation of the electrical energy distribution concessions will depend on the express acceptance of the conditions set out in the concession contract or the additive term.

CHAPTER III

DA LICITATION

Art. 8º The concessions of generation, transmission and distribution of electric power that are not extended, pursuant to this Act, will be bid, in the auction or competition modality, for up to 30 (thirty) years.

§ 1º The bidding of that treats the caput can be carried out without the prior reversal of the goods linked to the provision of the service.

§ 2º The calculation of the value of the indemnity corresponding to the plots of the investments linked to goods reversible, not yet amortized or non-depreciated, will use as a basis the new value-of-reposition methodology, as criteria set out in regulation of the granting power.

§ 3º Applies the provisions of § § 1º to the 6º of the art. 1º to the outorts arising from bidding of generation ventures of which it treats the caput, the provisions of the single paragraph of the art. 6º, to the concessions of transmission, and the provisions of the art. 7º, to the distribution concessions.

Art. 9º Not if there is an extension of the concession deadline and with a view to ensuring the continuity of the provision of the service, the incumbent may, after the expiry of the deadline, remain responsible for his provision until the assumption of the new concessionaire, observed the conditions laid down by this Act.

§ 1º Should there be no interest of the concessionaire in the continuity of the provision of the service under the conditions set forth in this Act, the service shall be operated by means of organ or entity of the federal public administration, until the bidding process of which it treats art is completed. 8º.

§ 2º For the purpose of ensuring the continuity of the service, the body or entity of which it treats § 1º becomes authorized to carry out the temporary hiring of staff required for the provision of the public energy service electric, up to the hiring of new concessionaire.

§ 3º The body or entity of which it treats § 1º will be able to receive financial resources to ensure the continuity and proper provision of the public energy service electric.

§ 4º The body or entity of which it treats § 1º will be able to apply the approved results of the tariff reviews and readjustments, as well as to hire and receive Combustible Consumption Account-CCC Account features, Account of Energy Development-CDE and Global Reversion Reserve-RGR, in the terms set out by Aneel.

§ 5º The obligations contracted by the organ or entity of which it treats § 1º in the temporary provision of the service will be assumed by the new concessionaire, pursuant to the bidding edict.

§ 6º The granting power will be able to define appropriate remuneration to the organ or entity of which it treats § 1º, on the grounds of the activities exerted in the period of the provision temporary of the public utility of electric power.

Art. 10. The body or entity responsible for the temporary provision of the public utility of electrical energy shall:

I-maintain own accounting records relating to the provision of the service; and

II-account to the Aneel and effectuate reckoning with the granting power.

CHAPTER IV

GENERAL PROVISIONS

Art. 11. The extensions referred to in this Act should be required by the concessionaire, in advance of minimum 60 (sixty) months of the final date of the respective contract or act of outorga, resurred the provisions of the art. 5º.

§ 1º In cases where the remaining period of the concession is less than 60 (sixty) months of the publication of the Provisional Measure No. 579, of 2012, the application for an extension is to be submitted by up to 30 (thirty) days of the date of the commencement of its duration.

§ 2º From the decision of the granting power by the extension, the concessionaire is expected to sign the concession contract or the additive term within up to 30 (thirty) days counted from the convocation.

§ 3º The failure to comply with § 2º will imply the impossibility of the extension of the concession, at any time.

§ 4º The concession contract or the additive term will contain waiver clause to any preexisting rights that contravens the provisions of this Act.

Art. 12. The granting power will be able to anticipate the effects of the extension on up to 60 (sixty) months of the advent of the contractual term or the act of outorga.

§ 1º From the decision of the granting power by the prolongation, the concessionaire should sign the concession contract or the additive term, which will contemplate the conditions laid down in this Act, within the period of up to 30 (thirty) days counted from the convocation.

§ 2º The failure of the deadline for which it treats § 1º will entail the impossibility of the extension of the concession, at any time.

§ 3º The generation concessionaire should promote reduction in the contracted amounts of existing energy CCEARs prevailing as per regulation.

Art. 13. In anticipation of the effects of the extension of which it treats art. 12, the granting power will define, as per regulation, the initial tariff or revenue for the generation, transmission and distribution dealers.

§ 1º Aneel will conduct extraordinary review of the usage fees of the systems of transmission to contemplate the recipe referred to in the caput.

§ 2º Aneel will proceed to the extraordinary tariff review of the electric power distribution dealerships, without prejudice to the tariff readjustment annual set out in the concession contracts, to contemplate the tariffs referred to in this article.

Art. 14. The deadlines of the extensions extended under this Act will be counted:

I-as of the 1º (first) day subsequent to the term of the concession deadline; or

II-from the 1º (first) day of the month subsequent to that of the signing of the concession contract or additive term, in the case of anticipation of the effects of the extension.

Art. 15. The tariff or revenue of which it treats this Act should consider, when there is, the share of investments linked to reversible goods, not yet amortized, not depreciated or unindensed by the granting power, and will be periodically reviewed in the form of the concession contract or additive term.

§ 1º The calculation of the value of investments linked to reversible goods, not yet amortized or non-depreciated, for the purpose of which it treats the caput or for the purposes of indemnification, will use as a basis the new value-of-reposition methodology, as criteria set out in regulation of the granting power.

§ 2º Stay the granting power authorized to pay, in the form of regulation, for the dealerships that opt for the extension provided for in this Act, in the electrical power transmission concessions achieved by § 5º of the art. 17 of Law No. 9,074, of 1995, the value pertaining to the assets deemed non-depreciated existing on May 31, 2000, registered by the dealership and recognized by Aneel.

§ 3º The value of which deals with § 2º will be updated to the date of its effective payment to the dealership by the term of 30 (thirty) years, as per regulation.

§ 4º At the discretion of the granting power and for bidding or prolongation purposes, the Global Reversal Reserve- RGR may be used for indemnification, in whole or in part, from the instalments of investments linked to reversible goods not yet amortized or not depreciated.

§ 5º The tariffs of energy generation concessions hydropower and the revenues of the electrical power transmission concessions, extended or bid pursuant to this Act, will take into account, among others, the costs of operation and maintenance, charges, tributes and, when couber, payment by the use of the transmission and distribution systems.

§ 6º The information necessary for the calculation of the share of investments linked to reversible goods, not yet amortized or non-depreciated, of the extended concessions pursuant to this Act, which are not submitted by the dealers, will not be considered in the initial tariff or revenue, or for purposes of indemnification.

§ 7º The information that it treats § 6º, when presented, will be assessed and considered in the concessionary's tariff from the periodic review, with no tariff recomposition as to the period in which they were not considered.

§ 8º The regulation of the granting power will have on the deadlines for sending the information that they treat to § § 6º and 7º.

Art. 16. The regulation of the granting power will have on the guarantees required of the granary dealerships of the extensions of which it treats this Act.

CHAPTER V

OF THE SECTORAL CHARGES

Art. 17. It shall be the Union authorised to acquire credits that the Brazilian Electrical Central S.A. -ELECTROBRAS holds against the Binational Itaipu.

Single Paragraph. For the coverage of the credits of which it treats the caput, the Union will be able to issue, in the form of direct placement, in favor of Electrobras, Federal Foreign Debt Securities, whose characteristics will be defined by the Minister of State of the Farm, respected the economic equivalence with the value of the credits.

Art. 18. It shall be the Union authorized to target the object's object credits. 17 and the credits it owns directly in the Binational Itaipu to the Energy Development Account-CDE.

Art. 19. It is the Union authorized to conclude contracts with Eletrobras, in the quality of Agent Trader of Itaipu Binational Power, in the terms of the art. 4º of Law No. 5,899 of July 5, 1973, for the purpose of excluding the effects of the exchange rate variation of the Itaipu Binational power repass tariff, preserved the current conditions of the economic and financial flows of Eletrobras.

Single paragraph. The payments made by Eletrobras corresponding to the acquisition of the electricity services of Itaipu Binational will not be changed depending on the provisions of the caput, remaining fully respected the conditions laid down in the Treaty concluded on April 26, 1973, between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay, promulgated by the Legislative Decree No. 23 of May 30, 1973.

Art. 20. Stay the Global Reversion-RGR Reserve, of which it treats art. 4º of Law No. 5,655 of May 20, 1971, and the Energy Development Account-CDE, of which it treats art. 13 of Law No. 10,438 of April 26, 2002, authorized to hire credit operations, with the aim of covering any severance needs to electric power dealers, on the occasion of the reversal of the grants or to meet to the purpose of tariff modicity.

§ 1º The RGR and CDE will be able to use part of their future receipt flow to amortize the operation of which treats the caput.

§ 2º Aneel will consider the annual repayment resulting from the amortization of the operation of which treats the caput, for the purpose of calculating the annual CDE quotas.

§ 3º The financial operations of which treats the caput will be able to have as a guarantee the flow future of receipt of the RGR and CDE fundraising.

Art. 21. They become unobligated, as of 1º January 2013, of the RGR's annual quota pickup:

I-the dealerships and public service permissionaries of electric power distribution;

II-the public service dealerships of electric power transmission bid from September 12, 2012; and

III-the public service dealerships of extended electric power transmission and power generation or bid under the terms of this Act.

Art. 22. The resources of RGR will be able to be transferred to CDE.

Art. 23. The Law No. 10,438 of April 26, 2002, passes the following with the following amendments:

" Art. 13. The Energy Development Account-CDE is created aiming at the energy development of states, in addition to the following objectives:

I-promote the universalization of the electric power service throughout the territory national;

a) (repealed);

b) (repealed);

II-guarantee resources for the fulfillment of the economic subsidy intended for the modicity of the electric power supply tariff to the consumers end to the Low Income Residential Subclass;

III-provide resources for the expenditures of the Combustible-CCC Consumption Account;

IV-provide resources and allow amortization of financial operations linked to compensation on the occasion of the reversal of the concessions or to meet the purpose of tariff modicity;

V-promoting the competitiveness of the energy produced from the mineral coal source national in the areas serviced by the interconnected systems, targeting the fuel cost coverage of thermometric ventures in operation until February 6, 1998, and of mills framed in § 2º of the art. 11 of Law No. 9,648 of May 27, 1998; and

VI-promoting the competitiveness of energy produced from wind, thermossolar, photovoltaic sources, small hydroelectric power plants, biomass, other renewable sources and gas natural.

§ 1º CDE's resources will come from the annual quotas paid by all agents trading energy with final consumer, upon tariff charge included in the usage fees of the transmission systems or the distribution, of the annual payments carried out in the title of use of public good, of the fines applied by Aneel to dealerships, permissionaries and authorized, and of the Union credits of which they treat the arts. 17 and 18 of the Provisional Measure No. 579 of September 11, 2012.

§ 2º The amount to be raised in annual CDE quotas calculated by Aneel will correspond to the difference between resource needs and the fundraising provided by the remaining sources of which it treats § 1º.

§ 3º CDE's annual quotas should be proportionate to those stipulated in 2012 to agents marketing electric power with the final consumer.

§ 4º The CDE pass to which refers the inciso V of the caput will observe the limit of up to 100% (one hundred percent) of the fuel value to its corresponding producer, included the value of the secondary fuel needed to ensure the operation of the plant, maintained mandatory minimum purchase of fuel stipulated in the prevailing contracts on the date of publication of this Act, from 1º January 2004, intended for the thermometric power plants national mineral coal, provided that these participate in the optimization of the interconnected electrical systems, compensating for the values to be received for the title of the systematic ratee of burden and advantages for the thermometric mills of which they treat the § § 1º and 2º of the art. 11 of Law No. 9,648, of 1998, and Aneel may adjust the percent of the refund to the generator, second criteria that consider its competitive profitability and preserve the current level of production of the fuel producing industry.

§ 5º The CDE will be regulated by the Executive Power and moved by Eletrobras.

§ 6º The CDE's resources will be able to be transferred to the Global Reversion-RGR Reserve and the Fuel Consumption Account-CCC, to meet the purposes of the incisos III and IV of the caput.

§ 7º The expenditures for the purpose of which treats the inciso V of the caput will be borne by CDE up to 2027.

§ 8º (Revoked).

§ 9º (Revoged).

§ 10. To none of the wind, thermossolar, photovoltaic, small power plants, biomass, natural gas and national mineral coal will be able to annually be earmarked resources whose total value exceeds 30% (thirty percent) of the pick-up annual CDE, conditioning the framework of projects and contracts to the prior verification, in Eletrobras, of availability of resources.

§ 11. The resources of CDE will be able to be targeted for development and technical workforce qualification programs, in the installation segment of photovoltaic power equipment. " (NR)

Art. 24. It becomes extinct the prorogation of the cost of consumption of fuels for electric power generation in the Isolated Systems, of which it treats the § 3º of the art. 1º of Law No. 8,631, of March 4, 1993.

CHAPTER VI

FINAL PROVISIONS

Art. 25. The consumers framed in the arts. 15 and 16 of Law No. 9,074 of July 7, 1995 and those achieved by the provisions of § 5º of the art. 26 of Law No. 9,427 of December 26, 1996, will be able to give in, at freely traded prices, amounts of electric power and power that are the object of purchase and sale contracts registered in the Chamber of Commercialization of Electrical energy- CCEE, as per guidelines and conditioners of the Ministry of Mines and Energy and regulation of the Aneel.

Single paragraph. The assignment that it treats the caput of this article will not change the rights and obligations set out between the sellers and buyers in the original purchase and sales contracts of energy.

Art. 26. They are convalidated all the acts practiced in the duration of the Provisional Measure no 579, of September 11, 2012.

Art. 27. The Act No. 12,111 of December 9, 2009, passes the following amendment with the following amendment:

" Art. 3º ...................................................................................................................

...............................................................................................................................

§ 16. The amount of energy to be considered for service to the public service of electric power distribution in the Isolated Systems will be limited to the efficient level of losses, as per regulation of the Aneel. " (NR)

Art. 28. The Law No. 9,648 of May 27, 1998, passes the following with the following amendments:

" Art. 10. ...............................................................................................................

.............................................................................................................................

§ 3º The willing in this article does not apply to the commercialization of electric power generated by Itaipu Binational and Eletrobrás Termonuclear S.A. -ELETRONUCLEAR and energy produced by the extended hydroelectric power generation dealerships pursuant to Provisional Measure No. 579, of September 11, 2012.

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

Art. 29. The Law No. 9,427 of December 26, 1996, passes the following with the following amendments:

" Art. 3º ..............................................................................................................

...........................................................................................................................

XXI-set the fares of the hydro generation dealerships that trade energy in the quota regime of which it treats the Provisional Measure No. 579, of September 11, 2012.

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

" Art. 12. .........................................................................................................

§ 1º The tax rate, equivalent to 0.4% (four tenths per cent) of the value of the annual economic benefit earned by the concessionaire, permissionary or authorized, will be determined by the following formulas:

I-TFg = P x Gu

where:

TFg = rate of supervision of the generation grant;

P = power installed for the generation service;

Gu = 0.4% of the unitary value of the annual benefit arising from the exploitation of the generation service;

II-TFt = P x Tu

where:

TFt = throughput rate of the transmission concession;

P = power installed for the transmission service;

Tu = 0.4% of the unit value of the annual benefit arising from the exploitation of the transmission service;

III-TFd = [Ed / (FC x 8.76)] x Du

where:

TFd = rate of distribution of the distribution concession;

Ed = annual energy billed with the granted service of distribution, in megawatt/hora;

FC = average annual load factor of the distribution facilities, linked to the granted service;

Du = 0.4% (four tenths per cent) of the unitary value of the annual benefit arising from the exploitation of the distribution service.

...............................................................................................................................

§ 4º (VETADO). " (NR)

" Art. 15. ...................................................................................................................

................................................................................................................................

II-in the contract extending the existing concession, in the hypotheses admitted to the vigour legislation;

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

" Art. 26. ...............................................................................................................

.............................................................................................................................

§ 5º The harnessing referred to in the incisos I and VI of the caput of this article, the ventures with power equal to or less than 1,000 kW (thousand kilowatts) and those on the basis of solar, wind and biomass sources whose potency injected into the transmission or distribution systems is less than or equal to 50,000 kW (fifty thousand kilowatts) will be able to commercialize electric power with consumer or set of consumers gathered by communion of fact or law interests, the charge of which is greater than or equal to 500 kW (five hundred kilowatts), observed the grace deadlines constants of the arts. 15 and 16 of Law No. 9,074 of July 7, 1995, as per the regulation of Aneel, and the supply may be complemented by generation ventures associated with the sources referred to herein, aiming at the guarantee of their energy availabilities, but limited to 49% (forty-nine percent) of the average energy that they produce, without prejudice to the provision in § § 1º and 2º of this article.

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

Art. 30. The Act No 10,848 of March 15, 2004 shall become the invigorate with the following amendments, renumbering the single paragraph of the art. 18 to § 1º:

" Art. 2º ......................................................................................................................

..................................................................................................................................................................................................

§ 2º ..........................................................................................................................

.................................................................................................................................

II-for the electric power coming from existing generation ventures, beginning of delivery in the year subsequent to that of the bidding and supply term of at least one and at most 15 (fifteen) years;

.................................................................................................................................

§ 2º-A. Exceptionally, in the year 2013, the beginning of delivery will be able to give in the year of bidding, for electric power coming from existing generation ventures.

................................................................................................................................

§ 8º ..........................................................................................................................

...............................................................................................................................

II- ..........................................................................................................................

..............................................................................................................................

e) ventures of generation whose concession has been extended or bid on in the terms of Provisional Measure No. 579, of September 11, 2012.

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

" Art. 18. .................................................................................................................

..............................................................................................................................

III-(VETADO).

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

§ 2 ° (VETADO). " (NR)

Art. 31. (VETADO).

Art. 32. This Act comes into force on the date of its publication.

Art. 33. They are revoked:

I-the art. 8º of Law No. 8,631 of March 4, 1993;

II-os § § 8º and 9º of the art. 13 of Law No. 10,438 of April 26, 2002; and

III-the art. 13 of Law No. 12,111, of December 9, 2009.

Brasilia, January 11, 2013; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Nelson Henrique Barbosa Son

Edison Lobao

Luís Inácio Lucena Adams