PROVISIONAL MEASURE NO. 466, OF July 29, 2009.

Disposes about the electrical energy services in the isolated Systems 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. 1^o The dealerships, permissionaries and authorized of services and electrical power distribution facilities in the so-called Isolating Systems are expected to cater to the totality of their markets by bidding, in the modality of competition or auction, to be carried out, directly or indirectly, by the National Electrical Energy Agency-ANEEL, according to guidelines from the Ministry of Mines and Energy.

§ 1^o In the hypothesis of the fulfillment by means of bidding being unviable or the procedure licitatory result desert, the form of electric power contracting to meet the obligation of the caput will be defined in regulation.

§ 2^o The hiring of electric power, in the terms of the caput, will depend of the provision of financial guarantees by the dealerships, permissionaries and authorized of services and electrical power distribution facilities.

Art. 2^o The electric power supply contracts, or equivalents, in the Isolated Systems, prevailing on the date of publication of this Provisional Measure, will not be able to be the object of addition to promote the extension of time limits or increase in quantities or prices.

Single paragraph. The willing in the caput does not apply to the cases of commitment of the electric power supply, hypothesis where the addition will only be allowed for increase in quantity and of term, limited to twelve months, non-extensions, as expenuser regulation.

Art. 3^o The Consumption Account of Fuels-CCC, of which they treat the § 3^o of the art. 1^o and the art. 8^o of the Law n^o 8,631, of March 4, 1993, will hend reimburse the amount equal to the difference between the total cost of generating the electric power, for the service of the public service of electric power distribution in the Isolated Systems, and the valorisation of the corresponding amount of electric power by the average cost of power and energy commercialized in the Regulatory Contracting Environment-ACR of the National Interconnected System-SIN, as per regulation.

§ 1^o At the total cost of electric power generation in the Isolated Systems, from that treats the caput, the relative costs should be included:

I-to the hiring of energy and associated power;

II-to own generation for public service care of electric power distribution;

III-to the acquisition of fuels;

IV-to charges and taxes; and

V-to the realized investments.

§ 2^o Include, too, at the total cost of generation predicted in the caput os too much costs associated with the provision of the electric power service in remote regions of the Isolated Systems, characterized by large dispersion of consumers and absence of economy of scale, as per regulation.

§ 3^o The refund regarding new contracts for purchasing and selling power and of electrical energy firmed in the Isolated Systems, as of the date of publication of this Interim Measure, will be made to the dealerships, permissionaries and authorized public utilities and electrical power distribution facilities.

§ 4^o The reimbursement regarding purchase and sales contracts of power and of electrical energy, firmed up and submitted to ANEEL's annuence until the date of publication of this Interim Measure, will be made to the agent supporting the respective costs of generation.

§ 5^o The right to the refund provided for in the caput will have duration equal to the effective power purchase and electric power contracts, remaining, inclusive, after the interconnection to the SIN, in this case conditioned to the fulfilment of the provisions of § 1^o of the art. 4^the of this Provisional Measure.

§ 6^o The right to reimbursement pertaining to the own generation of dealerships, permissionaries and authorized public utilities and electrical power distribution facilities will apply, after the interconnection to the SIN, until the extinction of the authorisation or concession of the respective generation facility, provided that the provisions of the § § 1^o and 2^o of the art. 4^the of this Provisional Measure.

§ 7^o The right of reimbursement, after the interconnection to the SIN, will not reach the possible extensions of the authorisations or concessions of the respective generation facilities.

§ 8^o In the case of effective taking advantage of tax credits referring to values reimbursed by CCC, the agent should ressarcate to this mechanism the full amount of the tax credit availed.

§ 9^o In the case of taxes, the calculation of the maximum value to be reimbursed will consider the aliquots and calculation bases prevailing on the date of publication of this Provisional Measure.

§ 10. In the hypothesis of the aliquots and calculation bases being modified, so as to result in tax values higher than the maximum predicted in § 9^o, the difference between the maximum value and the resulting modification of the said modification will be considered as cost, and passed on to the fare of the utility dealership of the electric power distribution service that would suffer impact arising from the modification.

§ 11. The resources raised by the CCC should be compatible with the amount to be disbursed.

§ 12. The regulation envisioned in the caput should provide for mechanisms that induce economic and energy efficiency, the valorisation of the environment and the use of local energy resources, aiming at achieving the economic sustainability of the generation of electrical energy in the Isolated Systems.

Art. 4^the Agents of the Isolated Systems will be considered integrated to SIN and submitted its rules as of the date provided for in the concession contract for the commissioning of the Systems ' interconnection transmission line.

§ 1^o Agents should arrange for the suitability of their physical facilities, of its commercial contracts, operation routines and other prior measures, as per regulation of ANEEL.

§ 2^o The legal persons dealerships, permissionaries and authorised of distribution and generation of electrical energy that interconnect with the SIN should meet the provisions of the art. 20 of Law n^o 10,848 of March 15, 2004, within eighteen months from the date of integration to the SIN.

Art. 5^o The dealerships, permissionaries and authorized services and electrical power distribution facilities and too many agents acting on the Isolated Systems, which do not comply with the obligations set out in this Provisional Measure, will be subject to the penalties provided for in the general legislation of the electrical sector.

Art. 6^o The Law n^o 9,991, of July 24, 2000, passes the invigorate with the following changes: (Production of effects).

" Art. 1^o .................................................................................

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Paragraph single. The legal persons referred to in the caput are required to collect it from the National Treasury, by December 31, 2012, the additional thirty-centisies per cent on net operating income. " (NR)

" Art. 4^o The resources for research and development, predicted in the arts. 1^o to 3^o, except that one provided for in the single paragraph of the art. 1^o, should be distributed as follows:

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

" Art. 4^o-A. The resources provided for in the single paragraph of the art. 1^o should be collected from the National Treasury for the mishandling of states and Municipalities that have eventual loss of revenue stemming from the ICMS fundraising incident on fossil fuels used for power generation electrical, occurred in the twelve months following the interconnection of the respective Systems Isolated to the National Interconnected System-SIN.

§ 1^o The provisions of the caput apply only to the interplay of the Systems Isolated to the Interconnected System National-SIN occuring after July 30, 2009.

§ 2^o The amount of the mishandling referred to in the caput will be equal to the difference, if positive, between the value arising from the application of the ICMS reference aliquot on the cost of the fossil fuel used for electric power generation in the State Isolated Systems, in the twelve months leading up to the interconnection, and the value arising from the application of ICMS reference aliquot on the cost of fossil fuel used for electric power generation, in the twelve months following the interconnection.

§ 3^o The reference aliquot of which treats § 2^o will be the smallest among the average ICMS aliquot in the twelve months leading up to the interlinkage, the aliquot prevailing on July 30, 2009, or the current aliquot in the month object of the compensation.

§ 4^o The ressarcement will be transient and repast to federation units after fundraising necessary, in the manner willing by § 5^o.

§ 5^o The ressarcement will be calculated and passed down to each unit of the federation under the regulations to be expedited by ANEEL, respected the art distribution criterion. 158, inciso IV, of the Constitution, and the Supplemental Act n^o 63, of January 11, 1990.

§ 6^o The recipes of which it treats this article should be applied in the following activities of the electrical sector:

I-in universalization programs of the public electric power service;

II-in the funding of socio-environmental projects;

III-in projects of efficiency and energy research; and

IV-in the payment of electric power bills of units consumers of state and municipal organs.

§ 7^o Eventual positive balances in 1^o of January 2013 will be returned to the dealerships and permissionaries of public distribution services, in the proportion of the values by them collected, and reverted to the tariff modicity.

§ 8^o The Executive Power may reduce the aliquot of which it treats the single paragraph of the art. 1^o, as well as re-establish it. " (NR)

Art. 7^o The Executive Power regulates the provisions of this Measure Provisional.

Art. 8^o This Interim Meast takes effect on the date of its publication, producing effects, in relation:

I-to art. 6^o, as of 1^o of January 2010; and

II-to the remaining articles, the from the date of its publication.

Art. 9^o Ficam revoked:

I-o's § 2^o of art. 8^o of the Law n^o 8,631, of March 4, 1993;

II-o § 3^o of the art. 11 of Law n^o 9,648, of May 27, 1998; and

III-the art. 86 of the Law n^o 10,833, of December 29, 2003.

Brasilia, July 29, 2009; 188^o of Independence and 121^o of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Edison Lobão