Fonte: ANEELConsortium solicited an extension of the period for full compliance guarantee deposit
Aneel’s directorship denied today (09/12), in a public meeting, MC2 Consortium’s lawsuit, controlled by Cibepar, of a 90-days extension to the full compliance guarantee contribution period regarding six undertakings negotiated at the last A-3 auction, carried out on September 17, 2008.
The full compliance guarantee *, which comprises 10% of the undertaking’s investment value, should have been deposited on the last November 28, according to the schedule established in the bid’s publication. The MC2 consortium should, thus, have contributed with R$196.2 million relating to the oil-fuelled thermal plants 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 the state of Bahia.
The MC2 consortium negotiated an average 611 megawatts deriving from these plants for delivery in 2011 at an average price of R$126.68/MWh. The full compliance guarantee is an essential condition for granting the generation and signature of the Contract for Energy Commercialization in the Regulated Environment (CCEAR).
According to the proceeding’s reporting judge, Romeu Donizete Rufino, ‘the arguments presented by the company are insufficient to meet the lawsuit, which would violate the equal treatment to the auction’s participants and would compromise reliability regarding the rules of the contest.’
As for the penalties which may be attributed to the company for not having complied with an item established in the publication bid, will be submitted to a future deliberation by the Aneel’s directorship. With such decision, the proceeding which discusses the revocation of auction’s adjudication, i.e., cancelling of the auction’s results for those undertakings will be continued.
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* Full compliance guarantee: an amount to be allocated by the winners in order to grant compliance with the obligations established in the authorization grant, i.e., to guarantee that the undertaking will be built within the established period. It may be replaced by lesser-value guarantees when Aneel’s supervising body verifies the execution of milestones in the undertaking’s schedule, being totally liberated three months after the entrance in commercial operation by all generation units of the plant.
