Fonte: ANEEL
The National Agency of Electrical Energy (ANEEL) opens today Public Hearing No. 057/2012, whose motto is the amendment to Normative Regulation No. 279/2007 on procedures for declaration of public utility (DUP) for purposes of expropriation and institution of easements, land areas necessary for the deployment of facilities by service providers of public electricity.

The draft provides for a hearing, among other things, deleting the requirement to provide prior licensing by those interested in the DUP, since "the Environmental Permit, depending on the project, does not involve prior licensing." The expression will be replaced by "Environmental Permit relevant to the stage of development." The draft also proposes the end of the licensing requirement in environmental cases where the substation or transmission line is intended to be deployed to the provision of public distribution or transmission, since some environmental agencies require, as a prerequisite to issuance of license, proof of land ownership. As for the hypothesis that the DUP is aimed at generating enterprises, the requirement for environmental licensing has been maintained, since it is indicated the size of the permanent preservation area around the reservoir and areas for possible relocation of the population affected, relevant information for the Agency to define the area to be declared a public utility.

Another innovation is the requirement for submission at the time of application for the DUP, of Summary Table – Survey and Status of Areas Subject to the DUP. Such a framework should contain a summary of the stage of negotiations with the owners or occupiers of the affected areas. With the release of the picture on the Agency website, the population may oppose the presented information. After issuance of the DUP, the Summary Table must be submitted quarterly to the Agency within 180 days after publication of the resolution.

The hearing will be carried out through the exchange of documents, without an onsite meeting. Those interested in contributing can send their proposals until 08/20, to the e-mail address ap057_2012@aneel.gov.br. Contributions can also be sent by fax (55 61) 2192-8839 or to the address of the Agency (SGAN, Quadra 603, Módulo I, Térreo, Protocolo Geral, CEP: 70.830-030), in Brasília (DF). (BT)