Fonte: ANEEL

Aneel’s decision established penalties and deadline for defense

The Brazilian Electricity Regulatory Agency (Aneel) decided today (02/03) to not regard the defense arguments presented by the consortiums MC2 for not carrying out the deposit of the loyal fulfillment guarantee in reference to the six plants from the A-3 auction and, consequently, establishing the penalties foreseen in article 87 of Law 8.666/93 (tender law).

Consortiums MC2 (lead by Águas Guariroba Ambiental Ltda. company) may be punished with the temporary suspension of participation in tenders and hindrance from celebrating contracts from auctions held by Aneel, for up to 2 (two) years and declaration of aptness to bid or contract with Public Administration.

By the legislation, Águas Guaririba has a deadline of ten days to present defense against the application of penalties. During this period, there is no legal hindrance for the deposit of the guarantees, even overdue. In this case, the provisioning of the value of R$ 196.2 million will be considered by the board of directors upon analyzing the defense, before voting for teh revoking of the plants’ adjudication.

This sum corresponds to 10% of the value of the investment of the entrepreneurships located in Bahia, which total 611 megawatts with expected delivery for 2011. The plants were negotiated at an average price of R$ 126.68 per MWh in the auction held on September 17, 2008.

The guarantee of loyal fulfillment is an essential condition for the sanction of generation and the signing of the Commercialization Contracts of Energy in the Regulated Environment (Contrato de Comercialização de Energia no Ambiente Regulado – CCEAR). Based on the rules established in the auction’s edict, the company was penalized, in a decision made by Aneel last December with the execution of the proposal guarantee**, of R$ 19.6 million.

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* Guarantee of loyal fulfillment: value to be provisioned by the winners to guarantee the fulfillment of the foreseen obligations in the sanction of authorization, or in other words, guarantee that the entrepreneurship will be built in the established time. It can be substituted by lower value guarantees when the Aneel inspection verifies the execution of the entrepreneurship’s chronogram marks, being totally released three months after all the plant’s generating units enter in commercial operation.

** Proposal guarantee: value to be provisioned by those interested to guarantee the fulfillment of obligations contained in this edict.