Fonte: ANEEL
The board of the National Agency of Electrical Energy (ANEEL) decided on Tuesday (03/04) during a public meeting of the Board, to open public hearing to discuss the rules of art. 21 of Law 11.943/2009 establishing the deadline for initiating operations of generation facilities included in the Incentive Program for Alternative Sources of Energy – PROINFA.

PROINFA was established by Provisional Measure No. 14, December 21, 2001, with the objective of driving investments and incentives to produce electricity generated from wind power, small hydro and biomass. Initially, the program was designed to deploy a capacity of 3,300 MW in production facilities. Scheduled to start operating by December 30, 2006, it would ensure the purchase of energy to be produced over the period of 15 years from the date of entry into operation defined in the contract. However, the wording was changed for the first time by means of Law No. 10.762/2003, guaranteeing the purchase of electricity to be produced for the period of twenty years.

With the making of Law No. 11.075/2004, the deadline for early operation of the facility was extended to December 30, 2008, and after the passing of Law No. 11.943/2009, to December 30, 2010. And more recently, it was agreed that the date for entry into operation of the facility could be extended until 30 December 2011, according to criteria defined in the regulations.
In December 2011, the Federal Attorney's Office issued an announcement suggesting that the draft decree proposing the regulation of the instrument should not be edited, invoking ANEEL to regulate the matter, notwithstanding the possibility that the Federal Executive Branch were to discipline the subject.

Contributions may be sent to ap023_2012@aneel.gov.br, via fax: (61) 2192-8839 or to the mailing address of the Agency (SGAN, Quadra 603, Módulo I, Térreo, Protocolo Geral Department, ZIP: 70830-030), in Brasília (DF), in the period from 05 to 20/04. (AC / PG)