Fonte: ANEEL
The extension of the Global Reserve of Reversion* charge by the Congress will require changing the value of the Annual Revenue Allowed (RAP)** of the energy transmission. The matter was resolved at the public meeting of the board of the National Energy Agency (ANEEL) this Tuesday (06/07), which approved additional percentage in order to cover the costs of transmission facilities bid until December 30, 2010. The figures have to be implemented as from January 1, 2011 on revenue of transmitters winning auctions until that date.
According to Law no. 8987/95, in the concession contracts signed between ANEEL and transmitters, the establishment, the creation, alteration or elimination of taxes or legal fees, if proven their impact, will require revision of the annual revenue allowed.
The continued recovery of the RGR for 2035 causes impacts on revenues bid until December 30, 2010. According to the Law, for the purposes of this extension to be considered in revenues from the auction before the date mentioned, ANEEL will apply additional with retroactive effects as from January 1, 2011.
The additional will be applied in revenues defined until December 30, 2010, for at the moment of the price offer in the auction, bidders have incorporated the existing charges and taxes for that date, including the prediction of the termination of the RGR at the end of 2010. To set the revenue after December 2010, transmitters will not receive compensation, as it is understood that the extension of RGR was already public knowledge. (DB / LG)
* Global Reserve of Reversion (RGR) – charge of the electricity sector created by Decree No. 41.019/1957 to generate resources for reversion of the premises used in the generation and transmission of energy in favor of the utilities, besides financing the expansion and improvement of electricity service.
** Annual revenue allowed (RAP) – Annual revenue resulting from the winning bid of the tender, the utility is entitled for the provision of public service of transmission from the entry into commercial operation of transmission facilities. (ANEEL Resolution No 230 of September 12, 2006 (Official Journalof Sept. 13. 2006, section 1, p. 56)