Key Benefits:
PROVISIONAL MEASURE NO. 14, OF December 21, 2001.
Disposes about the expansion of the emergency power supply and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:
Art. 1o The costs, inclusive of an operational, tax and administrative nature, concerning the acquisition of electric power and the hiring of generating capacity or power by the Brazilian Emergential Energy Trader-CBEE will be prorated among all classes of final consumers serviced by the Interconnected National Electrical System, proportionally to the individual consumption verified, upon specific additional tariff, second regulations to be established by the National Electrical Power Agency-ANEEL.
§ 1o The prorogation of costs relating to the hiring of generating capacity or power referred to in the caput does not apply to the integral consumers of the Low-income Residential Subclass.
§ 2o The prorogation of costs pertaining to the electrical energy acquisition referred to in the caput does not apply to the integral consumers of the Home and Rural Class whose consumption monthly is less than 350 kWh.
§ 3o The financial results obtained by the CBEE due to the commercialization of the electrical energy acquired in the form of the caput will be intended for the reduction of the costs to be prorated between the consumers.
§ 4o Until the effective settlement of the operations of the Electrical Power-MAE, sits authorized the acquisition of electric and receivable MAE power, as well as the hiring of capacity by the CBEE, or, while this one does not operate, by another entity linked to the Ministry of Mines and Energy, as instruments of the Thermeletricity Priority Program, in the form established in act of the Executive Power.
§ 5o In the realization of the hiring that treats the caput, the CBEE will observe the guidelines set by the Chamber of Management of the Electrical Energy Crisis-GCE or, extinguished this one, by the Ministry of Mines and Energy.
Art. 2the Parcela of expenditure on the purchase of energy under the MAE, carried out by December 2002, arising from the reduction of the generation of electric power in the participating mills of the power relocation mechanism and considered in the named initial and equivalent contracts will be passed on to consumers served by the National Interconnected Electrical System, in the form established by resolution of the GCE or, extinct this one, from ANEEL.
Single paragraph. The expenses not achieved by the provisions of the caput will be the subject of transaction between the signatories of the so-called initial and equivalent contracts, observed the constant discipline of resolution of ANEEL.
Art. 3o It is established, within the Ministry of Mines and Energy, the Incentive Programme for Alternative Energy Sources of Electrical-PROINFA, with the aim of aggregating to the National Interconnected Electrical System, the amount of, at most, 3,300 MW of installed power.
§ 1o PROINFA will be disciplined by means of resolution of the GCE or, extinguished this one, of act of the Ministry of Mines and Energy, observed the following conditions:
I- the ventures to be benefited by the Program that it treats the caput are expected to enter into operation within a time frame to be fixed;
II-the Brazilian Electrical Power Stations S.A. -ELECTROBRÁS, directly or through its controlled companies, may, as long as authorized by the Ministry of Mines and Energy, firm up contracts with a term of up to fifteen years, for the acquisition of energy to be produced by ventures that use alternative sources and comply with all conditions of this Interim Measment and its regulation;
III-will be established a maximum value of the energy generated to be considered in the repass for the tariffs of supply resulting from the procurement of electrical energy;
IV-the acquired electrical energy and the costs described in the inciso III will be prorated among all final consumer classes served by the System National Interlinked Electric, proportionally to the individual consumption verified, by additional specific tariff rate; and
V-the values of the usage tariffs of the electrical transmission and distribution systems due by the endeavors will have percent of reduction not less than fifty percent.
§ 2o ANEEL should regulate the prorogation of which it treats the inciso IV of § 1o.
Art. 4o ANEEL will make the extraordinary tariff recomposition provided for in the art. 28 of the Provisional Measure no 2.198-5 of August 24, 2001, without prejudice to the annual tariff readjustment provided for in the contracts for the granting of public electricity distribution services.
§ 1o A extraordinary tariff recomposition that it treats the caput will be implemented through application to the electric power supply tariffs of the following indices:
I-2.9%, for the integral consumers of the Residential and Rural Classes; and
II-7.9%, for the remaining consumers.
§ 2o Do not apply the indexes provided for in the preceding paragraph to the electric power tariff due by consumers members of the low-income Residential Subclass.
§ 3o The extraordinary tariff recomposition will be applied for-only to the areas of the subject National Interconnected Electrical System, by express provision of resolution of the GCE, the Emergential Program for Reduction of Electrical Energy Consumption, and the following periods:
I-since 1o from June 2001 to the extinction of the Emergency Consumption Reduction Program Electrical, for consumers serviced through the Interconnected Systems of the South-East Regions, Midwest and Northeast; and
II-from 1o from July 2001 to December 31, 2001, to consumers of the States of the Pará and the Tocantins and the part of the State of the Maranhão serviced by the North Interconnected System.
§ 4o The extraordinary tariff recomposition will apply for the period necessary to the compensation of the amount referred to in para. 9o, ascertained by ANEEL in the form of resolution of the GCE.
§ 5o The extraordinary tariff recomposition will be subject to the approval by ANEEL and shall observe the following rules:
I-a first instalment of the amount to be repurchased will be homologated within fifteen days counted from the fulfillment of the provisions of the incisors V to VIII, considering the months effectively ascertained;
II-the second instalment of the amount to recompose will be homologated within sixty days, counted from the extinction of the Emergential Energy Consumption Reduction Program;
III-in the case of extension to the year 2002, for more than three months, of the Program Electrical Power Consumption Reduction Emergency, currently in effect, intermediate homologation steps will be created in relation to those predicted in the incisos I and II and with periodicity defined in GCE resolution;
IV -the detailing of the methodology, the deadlines, the form, the conditions and the procedure of the extraordinary tariff recomposition, in particular the requirements for its type-approval, will be established in resolution of the ANEEL;
V-a approval of the extraordinary tariff recomposition shall be conditioned upon the request of the person concerned and for the certainty, correction and consistency of the information to be provided to ANEEL and by it elenced and verified, inclusive of those relating to possible reductions of costs during the rationing or arising out of interpretation, explaining and revising contractual stipulations, which will be the subject of statements, commitments, additive terms and transactions between the parties, in particular in what concerne the parcel of the expenses of which takes care of art. 2o not achieved by re-passing on consumers and the surpluses of initial and equivalent contracts, in the terms of resolution of ANEEL, observed the guidelines laid down in § 9o;
VI-to meet the ends provided for in the inciso V, the homologation of the extraordinary tariff recomposition shall be conditional, in the terms of resolution of ANEEL, to the solution of contractual and normative controversies and the elimination of any judicial or extrajudicial disputes, including by means of arbitration taken into effect by ANEEL;
VII-the homologation of the extraordinary tariff recomposition will be conditional on compliance by the person concerned of the single paragraph of the art. 2o and in § 1o of the art. 6o, as well as to the renunciation or dismissal by the person concerned of any pleas, judicial or extrajudicial, together with the granting power or the agents of the electrical sector concerning facts and standards concernin the Emergential Program of Reduction of the Consumption of Electric Power, the extraordinary tariff recomposition of which takes care of this article and the provisions of this Provisional Measure;
VIII-the homologation of the extraordinary tariff recomposition will be conditional on adherence to the agreements firmed up between the agents of the electrical sector, by the qualified majority of the distributors and generators subject to the initial and equivalent contracts, in the terms of resolution of ANEEL.
§ 6o Ficam the companies public and the federal mixed economy societies authorized to enter into transactions and to promote the necessary acts to the solution of contractual and normative controversies provided for in the inciso VI of § 5o of this article.
§ 7o Not verified the homologation within the time frame specified in § 5o of this article, the extraordinary tariff recomposition will apply for twelve months and shall be taken down in full in the subsequent annual tariff readjustment.
§ 8o The initial and equivalent contracts, thus recognized in ANEEL Resolution, will be deferred to contemplate a binding formula of solution of controversies, so that ANEEL instaure ex officio, should the parties do not do so in a given time frame, the mechanisms of solution of existing controversies, without prejudice to ANEEL's subsidiary acting in the arbitrage of controversies.
§ 9o GCE will establish the parameters general of the calculation methodology of the amount due to each interested in the title of extraordinary tariff recomposition, as well as guidelines for the homologation of the extraordinary tariff recomposition.
§ 10. The extraordinary tariff recomposition provided for in this article will be held a single time, constituting, in no way, constituting permanent instrument of tariff change nor parcel component of the tariffs for the purposes of future readjustments or tariff revisions.
§ 11. They do not apply to § § 1o and 3o of the art. 2o of the Law no 10,192, of February 14, 2001, to the provisions of this article.
§ 12. The effectiveness of the extraordinary tariff recomposition becomes conditional on the faithful fulfillment by those concerned, individually considered, of all the obligations by them assumed under this Interim Measment and the absence of their impugment judicial or extrajudicial by the same stakeholders.
§ 13. The practice by the interested acts of the acts provided for in this article, in particular those referred to in the incisos V to VIII of § 5o, shall not entail burden, charges, liabilities, disbursements, payments or costs, of any nature, for the conceding power.
§ 14. It is authorized to register the receivables of the extraordinary tariff recomposition of which it treats this article in centralized settlement and custody system authorized by the competent federal body.
Art. 5o Do not apply the constant sealings of the art. 39 of the Act No 4,131 of September 3, 1962 to the official public credit entities of the Union in the granting of financing intended, as per the rules to be fixed by GCE, to supply the insufficiency of resources, object of the recomposition extraordinary tariff of which it treats art. 4the of this Interim Measure, of the utilities of electric power distribution utilities and of the signatory companies of initial and equivalent contracts, thus recognized in resolution of ANEEL.
§ 1o The National Economic and Social Development Bank-BNDES, by request of GCE, will institute program, with emergency and exceptional character, of support to dealers of public distribution services, generation and independent producers of electric power, signatories to the initial and equivalent contracts, thus recognized in resolution of ANEEL.
§ 2the Case instituted, the program referred to in para. 1o will observe the guidelines set by the GCE, the remaining conditions being set by the BNDES.
§ 3o It is authorized to institution of funding program aimed at suppressing insufficiency of features to be retrieved through the provisions of the art. 6o, in accordance with guidelines set in act of the GCE.
§ 4o It is authorized to grant funding included in the programs of which it treats this article or access to financial effect operations equivalent to entities whose ownership control belongs to legal persons of internal public law or to their subsidiaries or controlled.
Art. 6o The mechanism of which it treats the Provisional Measure no 2,227, of September 4, 2001, is to confer, upon incorporation of the financial effects, isonical treatment to the variations, verified throughout the 2001 financial year, of values of items from "Parcela A" provided for in the electrical power distribution concession contracts, disregarding, for the purposes of this article, variations of those items eventually occurred until December 31, 2000.
§ 1o The application of the provisions of the caput is conditional on the request of the person concerned who will be instructed with:
I-declaration of renunciation of any right, pretension, judicial or extrajudicial pleas, as well as the dismissal of any ongoing administrative or judicial demand concerning the variations in the values of the "Parcela A" integral items from the date of the signing of the respective concession contract to the date of October 26, 2001;
II-statement of the person concerned that it will not claim extraordinary tariff revision concerning facts that have occurred since the signing of the concession contract until the December 31, 2001;
III-signature by the interested in the acts, transactions, resignations, statements and dismissals referred to in the art. 4o and disciplined in resolution of ANEEL.
§ 2o The application of the willing in the caput is subject to the principle of tariff modicity and will be implemented, after verification of the instruction documents of the application and type-approval of the amount by ANEEL, over the flexible period.
§ 3o The willing in the caput does not apply, in any case, to financial effects arising from variations of values of items from "Parcela A" occurred in exercises prior to 2001.
Art. 7o Stay the Union authorized to issue Federal Public Debt securities, with characteristics to be defined by the Minister of State for Finance, directly to the CBEE, to comply with the provisions of § 5th of the art. 1st Provisional Measure no 2,209 of August 29, 2001, which will be held as a guarantee of the operations that come to be contracted by that Company.
§ 1o It shall be authorized for CBEE to hire the Cash Economic Federal-CAIXA as a financial agent of the operation.
§ 2o The securities of which it treats the caput of this article will be deposited into account custody at CAIXA.
§ 3o The balance total of the contracted operations that can be guaranteed with federal public securities, pursuant to the caput of this article, will not be able to surpass the amount of R$ 16,000,000,000.00 (sixteen billion reais).
Art. 8o Honours the guarantees granted, the Union shall sub-rotate in the credits with the CBEE, by the corresponding nominal value of the securities released.
§ 1o The ressaration of which treats the caput of this article is to be effected within a maximum of thirty days from the release of the securities and will be updated by the adjusted average rate of the daily financing ascertained in the Special Settlement and Custody System-SELIC, plus charges of zero comma five percent, among other conditions to be established by the Ministry of Finance.
§ 2o In reassurance to the warranty honored by the Union, they may be accepted, at the discretion of the Ministry of Finance, by the economic value, credits owned by the CBEE.
Art. 9o Stay the Union authorized to carry out increase of social capital of the CBEE, up to the value of R$ 200,000,000.00 (two hundred million reais), upon Federal Public Debt bonds, with characteristics to be defined by the Minister of State from the Farm.
Art. 10. It shall be the Union authorized to provide warranty in the operations carried out by the amparo of the art. 49 of the Provisional Measure no 2.181-45, of August 24, 2001.
Art. 11. Is the Union authorized, up to the limit of R$ 7,500,000,000 (seven billion and five hundred million reais), to be issued, in the form of direct placement, in favor of BNDES, Federal Furnished Debt securities, whose characteristics will be defined by the Minister of State for the Farm.
Single Paragraph. In contrast to the securities issued in the form of this article, BNDES will be able to use, at the discretion of the Minister of State for Finance and, by the present value, claims held against BNDESPAR-BNDES Participações S.A.
Art. 12. BNDES will be able to repurchase from the Union, at any time, the credits referred to in the single paragraph of the art. 11, admitting to dation in payment of goods and rights of his property, at the discretion of the Minister of State of the Farm.
Art. 13. It shall be the GCE authorised to establish guidelines for the implementation of the provisions of this Provisional Measure, without prejudice to the specific competences laid down therein.
Art. 14. This Interim Measure takes effect on the date of its publication.
Brasilia, December 21, 2001; 180o of Independence and 113o of the Republic.
FERNANDO HENRIQUE CARDOSO
Amaury Guilherme Bier
Sérgio Silva do Amaral
Jose Jorge
Pedro Parente
PROVISIONAL MEASURE NO. 14, OF December 21, 2001.
Disposes on the expansion of the emergency power supply and gives other arrangements.
On page 2, 3º column, in the signatures, read: Fernando Henrique Cardoso, Amaury Guilherme Bier, Sergio Silva of the Amaral, José Jorge and Pedro Parente.
Attachment (s)
