Fonte: ANEEL
Consortium requested reconsideration of the decision of not granting a greater period for depositing the guaranteed of loyal fulfillment of auction A-3
The Aneel board of directors denied today (01/27), in a public meeting, the request by Águas Guariroba Ambiental Ltda. (leader of MC2 consortiums) which requested the reconsideration of the decision in Dispatch nº 4.581/2008. This dispatch denied the company’s request for the postponing of the deadline for loyal fulfillment guarantees provisioning of six entrepreneurships negotiated in the last A-3 auction, held on September 17, 2008.
According to the head reporter of the process, José Guilherme Senna, ‘the company did not present new facts and the claim of international financial crisis is not a sufficient argument to serve the plea, since the other companies and consortiums participating in the dispute deposited the guarantees of loyal fulfillment’.
Last November, the company Águas Guariroba Ambiental Ltda. requested the postponing of 90 days of the deadline for the loyal fulfillment guarantees provisioning claiming difficulty in obtaining credit due to the international financial crisis. In December 2008, Aneel denied the request and published Dispatch nº 4.581 with the decision.
The guarantee for the loyal fulfillment*, which corresponds to 10% of the entrepreneurship’s investment value, should have been deposited on November 28, according to the chronogram established in the edict of auction A-3. This way the consortium MC2 should have provisioned R$ 196.2 million in reference to the thermoelectric plants powered by oil fuel MC2 Catu, MC2 Senhor do Bonfim, MC2 Dias D’ávila 1, MC2 Dias D’ávila 2, MC2 Camaçari I and MC2 Feira de Santana, all in Bahia.
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 with the execution of the proposal guarantee**, of R$ 19.6 million. In parallel, in course in the Agency is the process which discusses the revocation of the auction’s adjudication, or in other words, the cancelling of the auction’s result for these entrepreneurships. This process should be deliberated in a public board of directors meeting in the next few weeks.
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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.
