Transmission Auction no. 006/2011: deadline for clarification until 12/01

Fonte: ANEEL

Ending on Thursday (12/01), the deadline of requests for clarification about the announcement of Transmission Auction no. 006/2011, to be held on 12/16, starting at 10am, at the headquarters of BMF&BOVESPA in São Paulo. The National Energy Agency (ANEEL) will provide answers to questions until 12/09, the same date as the deadline to request visits to existing installations.

Online registrations for participation in the auction, at the website of ANEEL, should be held ​​from 8am on 12/13 to 2pm on 12/14. The supply security bid, also online, should be held from 9am on 12/13 to 4pm on 12/14. The delivery of securities that do not have digital certification, at the BMF&BOVESPA, and merited on account of collateral bond, to be held ​​in ANEEL, may be held until 4pm on 12/14.

The auction will take nine lots with 11 transmission lines totaling 1,378 kilometers (km), and 12 substations. The projects will require BRL 1.6 billion in investments, generating 8,500 direct jobs. The transmission facilities will be built in ten Brazilian states: Rio Grande do Sul, Santa Catarina, Paraná, Alagoas, Bahia, Sergipe, Rio Grande do Norte, Maranhão, Goiás and Amazonas. See here the description of the lots.

* The maximum Annual Revenue Allowed provided by ANEEL for all lots is BRL 195.6 million, a figure that is expected to fall with the dispute in the auction. The RAP is the remuneration that the winning companies will be entitled for the provision of transmission service from the start of commercial operations of the enterprises. The period of the works will range from 18 to 24 months.

Systematics of the auction – The financial proposal with the value of the Annual Revenue Allowed (RAP) for each lot shall be submitted in a sealed envelope by the participant. If the difference between the lowest bid and other bids is greater than 5%, the lowest bidder wins the tender. If the difference is less than or equal to 5% or if there is a tie among the lowest bids, there will be a speakerphone round in which the auctioneer may set minimum values ​​to be provided between a bid and others. The winner of the tenderer will be that who submits the lowest value. In case any bidder bids on speakerphone, the winner will be who has submitted the lowest per envelope. If there is a tie in the values ​​presented in an envelope without speakerphone bids, the winner will be determined by a draw promoted by the director of the session. With the changes set by ANEEL, all registered and qualified bidders to compete for the proposed lot shall deliver it to the auctioneer at the time of the event, including those who may have lost interest in the dispute. In this case, they should put in the envelope a form of refusal to the tender. To promote competition, a possible exclusion of lot may occur to which there is only one tenderer able to compete after manifestation of the Ministry of Mines and Energy (MME). If the lot is maintained, Revenue Book with value less than the maximum RAP will be adopted for it, also set in the announcement, as a way to obtain a minimum discount.

Guarantees – To participate in the auction, bidders contributed with a guarantee of 1% of the investment value estimated by ANEEL. A Performance Bond is provided only by the winners of the auction, instead of the foregoing warranty. It corresponds to 5% of the investment value and should be contributed within two business days before signing the contract.

Schedule – The Special Procurement Committee (CEL) will publish the list of proposers eligible to participate in the auction at ANEEL’s site (www.aneel.gov.br). The winners must submit documents for the qualifying phase on 12/23, from 8am to 12pm, at BMF&Bovespa in São Paulo. On 01/05/2012, the Special Licensing Committee (CEL) of ANEEL will disclose the results of the qualification. The result of the approval and award of the grant are expected to 01/17/2012. The deadline for delivery on schedule and on budget construction of the facility is 01/20/2012, when it should also be given the documents of the SPE or transmission utility required for the grant and the concession contract. The awarding will happen until 30 days after delivery of such documents. Two days before the date to be set for signing the concession contract, entrepreneurs must submit a performance bond.

Change – From this auction, ANEEL introduced new rules. One is to reduce the period for the winner of each lot to constitute a Special Purpose Company (SPC) that will receive the award. The deadline is 35 days after the auction. We will also accept SPE established before the event. Thus, it is expected to make the process more agile, since ANEEL’s board shall confirm the result and will award the auction with an SPE formed.

The documents relating to the auction, such as announcement, schedule and contract of concession of public service, will be available on the Agency’s website in the section Entrepreneur’s Space, in Transmission Notices, or here. (GL / BT)

* Annual revenue allowed – Annual revenue resulting from the winning bid of the bid, the concessionaire is entitled for the provision of public service broadcasting from the entry into commercial operation of transmission facilities.ANEEL Resolution No.230 of September 12, 2006 (Official Journal of September 13, 2006, section 1, p. 56).