Fonte: ANEEL

The announcement of the 8th energy auction from new business of generation and its respective model of the Contracts of Energy Marketing in the Regulated Environment (Contratos de Comercialização de Energia no Ambiente Reguylado – CCEAR) were approved today (07/27) by the board of directos of Aneel. Called A-3, the first auction of new energy in 2009 will negotiate, through the internet, contracts for the marketing of energy, starting the supply on January  1st, 2012.

Scheduled for August 27th this year, according to MME Ordinance No. 147/2009, the event will be held according to the guidelines and systematic defined by the Ministry of Mines and Energy (MME) in accordance with the provisions of Law No. 10848/2004 and MME Ordinance No 241/2009. The announcement, the schedule of the bidding and other documents related to the Auction No. 002/2009 will be available as from today at Agency website (www.aneel.gov.br), at the link Espaço do Empreendedor/Editais de Geração

The auction is directed towards the new ventures of generation of the National Interconnected System (SIN), not yet awarded, the project of expansion of existing power plants and import ventures. The buyers are the concessionaires of distribution of energy that stated to MME until last June 1st  their need to purchase energy to attend all of its market for the period starting on 2012.

The energy coming from small hydroelectric power plants exchangers (SHPPs) will be object of the CCEAR in amount of energy mode*, lasting 30 years. As for the energy from other sources, it will be object of CCEAR in the availability of energy mode**, lasting 15 years. The price-cap was set at R$ 144.00 per megawatt-hour (MWh) for enterprises with water source and R$ 146.00 per MWh for power plants from other sources. The price-cap is in the MME paragraph letter No. 1332/2009 sent to Aneel.

The registration of enterprises, according to Ordinance No. 147/2009, was performed by Empresa de Pesquisa Energética (EPE). Not be technically qualified with the thermoelectric power plants with Unit Variable Cost (UVC) greater than or equal to R$ 200.00/MWh. The deadline for thermoelectric effect the delivery of the term of commitment for purchase and sale of fuel or the preliminary contract ended on July 3rd, 2009.

Check below the main items of the announcement of auction 002/2009:

– Granting: Authorization to operate the power plant under the Independent Power Production (IPP) with duration of 35 years, counted from the date of issue of the Ordinance Authorized by MME.

– Subscription: The subscription to the auction will be conducted electronically, only by selling companies, through a form to be made available on the website of the Agency together with the announcement of the auction. In the case of purchasing companies, the delivery of the Declaration of Need for Power Purchase to MME will be considered as subscription in the auction.

There will be no verification and trial of documents by Aneel at the subscription step. This step is performed only after the bidding step.

– Guarantees of participation: Proposers must obtain the Guarantee of Participation in the value corresponding to 1% of the value of investments held by EPE;

Purchasing companies will also collect Financial Guarantee of R$ 2 thousand per average megawatt (MWmed) declared to participate in the auction.

Guarantees of participation will apply for up to five working days after the date specified for the intake of Guarantees of True Compliance. Thus, there will be no overlapping period between the guarantees of participation and true compliance.

– Inversion of steps: The habilitation of selling companies that negotiate energy in the auction will be held after the process of offering bids.

– Habilitation: Selling companies that negotiate energy in the auction must submit the legal, fiscal, economic, financial and technical qualification documents, in terms of the announcement. In this step, the sectoral regularity of all selling companies will be verified by the Aneel Special Bidding Committee.

– Conditions for Granting: If any selling company in the auction happens to be a Foreign Fellowship or in Equity Investment Fund (EIF), it will be required to create a Specific Purpose Society.

– Guarantee of True Compliance: The selling companies that negotiate energy in the auction should collect the Guarantee of True Compliance at Aneel, worth 10% of the investment, with validity up to three months after the start of commercial operation of the last generating unit.

– Penalties: There is the inclusion of a specific chapter for the treatment of the application of penalties against the breach of any condition established in the announcement or in the granting.

The worksheets of the announcement of the auction and of the energy marketing contracts were subjected to the documental public hearing from June 17th to last July 1st.

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*Contract by amount – it considers the amount of energy associated with the power installed in the plant that is capable of contracting.

**Contract by availability – backed by the possibility of generation of the venture from the existence of the energy source. This source, in the case of thermoelectric power plants, can be derived from oil, natural gas and organic material wastes. In the case of eolic power plants, the wind, and of solar power plants, the Sun..