ANEEL [Agência Nacional de Energia Elétrica] Superintendência de Regulação Econômica SGAN 603 / Módulo “I” – 1º andar 70830-030, Brasília, DF Telephone #: +55-61-2192-8695 Fax #: +55-61-2192-8679 Brazilian Electricity Regulatory Agency - ANEEL Economic Regulation Superintendence Technical Note # 352/2012-SRE/ANEEL Brasilia st October 1 , 2012 THIRD TARIFF REVIEW CYCLE OF ENERGY DISTRIBUTION Bandeirante Energia S.A. – Bandeirante Cycle 2011 - 2014 FINAL RESULT 1 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” CONTENT Page I. Aim 3 II. Facts 3 III. Analysis 5 1. “B” Component 7 1.1. Operational Costs 8 1.2. Sunk Revenue 13 1.3. Capital Remuneration and Regulatory Reintegration Quota 14 1.4. Annual Cost of Personal Property and Real Property Facilities-CAIMI 19 1.5. “B” Component Readjustment due to Investments 21 1.6. “B” Component Readjustment due to Market Index Readjustment 22 2. Other Revenues 23 3. “A” Component 24 3.1. Costs with Electric Energy Purchase 24 3.2. Costs with Connection and Use of Distribution and/or Transmission Systems 30 3.3. Sector Burden 31 4. Verified Revenue 34 5. X-Factor 34 6. Financial Tariff Components 38 7. Tariff Review Summary 44 8. Effects of Tariff Review on Subsequent Readjustments 45 Conclusion 46 IV. 2 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” st Technical Note # : 352/2012-SRE/ANEEL, October 1 , 2012 Process #: 48500.003391/2011-71 Subject: Tariff Review of Bandeirante concerning the Third Periodic Tariff Review Cycle– “3PTRC” of Distribution Utilities I. Aim Submit to the Board of Directors of ANEEL the results of Bandeirante tariff review related to the Third Periodic Tariff Review Cycle (3PTRC), consolidated after the analysis of the contributions brought by the Public Hearing (PH) # 55/2012. 2. Tariff Regulation Procedure (PRORET) Module 2 establishes the 3PTRC applicable methodologies, supporting the calculations presented in the Technical Note. See references below for conceptual review of applicable methodologies1 for a conceptual review of the applicable methodologies that go beyond the scope of this Technical Note: 3. Submodule 2.1 and Technical Note 293/2011-SRE/ANEEL: General Procedures; Submodule 2.2 and Technical Note 294/2011-SRE/ANEEL: Operational Costs; Submodule 2.3 and Technical Note 296/2011-SRE/ANEEL: Regulatory Remuneration Baseline; Submodule 2.4 and Technical Note 297/2011-SRE/ANEEL: Cost of Capital; Submodule 2.5 and Technical Note 295/2011-SRE/ANEEL: X-Factor; Submodule 2.6 and Technical Note 298/2011-SRE/ANEEL: Energy Loss; Submodule 2.7 and Technical Note 299&312 /2011-SRE/ANEEL: Other Revenues; Submodule 2.8 and Technical Note 300/2011-SRE/ANEEL: Generating Own Energy Section II presents a brief description of the facts related to Bandeirante tariff review. Section III describes the periodic tariff review calculation, which includes the calculation of the Verified Revenue, A Component, B Component, Other Revenues, Financial Components and the X Factor. Section IV presents the conclusions. II. 4. Facts Concession Agreement 202/1998 that regulates public services exploitation of electric energy distribution in the concession area of Bandeirante, has fixed the 23rd of October 2011 as the date of the third periodic tariff review. 1 Available in the Internet: http://www.aneel.gov.br/cedoc/bren2011457.pdf * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 3 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 5. The methodologies applicable to the 3PTRC are defined in PRORET Modules 2 and 7, which deal with the tariff review calculation and with the applicable tariff structure respectively. Both modules were duly approved in November 2011 by the Resolutions 457/2011 and 464/2011. 6. Due to extensive discussions concerning 3PTRC methodologies, the time was not enough to proceed with Bandeirante tariff review at the date of the Concession Agreement. According to Resolution 433/2011, replaced by Resolution 471/2011, the tariffs effective in November 22, 2011 were deferred. The consumer, however, did not notice any tariff move at that time. 7. Revenue variation due to tariff difference between tariffs effectively applied during effective term of tariff review, and the tariffs established at the homologation of definite results, applied on the reference market of the following tariff readjustment shall be equationed and considered as a financial component in future adjustments. Therefore, tariff review adjourn was neutral for both utility and customers. 8. Initial information to calculate tariff review required by official letter 58/2012-SRE- SFE/ANEEL of April 3, 2012, were sent on May 21, 2012 by Bandeirante (Letter CT-PR-12/12). 9. In June 19, 2012 the preliminary tariff review proposal of the Distribution Utility was sent to Bandeirante and to the Customer’s Council of Bandeirante (CONBAND). In June 26, 2012, we received their contributions to the preliminary proposal. After an evaluation, we incorporated the relevant applicable contributions to the proposal described in the Technical Note 202/2012-SRE/ANEEL of June 28, 2012. 10. In July 10, 2012 ANEEL Board of Directors decided to hold the PH 55/2012 to discuss the tariff review proposal. The period to receive contributions was extended from July 12, 2012 to August 17, 2012. The PH onsite was held in August 16, 2012 in the town of Sao Jose dos Campos, Sao Paulo. 11. After assessment of contributions received at the PH 55/2012, the tariff review consolidated proposal was sent to Bandeirante and to the Consumers’ Council of Bandeirante (CONBAND) in September 11, 2012, for final considerations. For this purpose meetings were 4 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” held in September 18, 2012 and whenever applicable, they were incorporated to this Technical Note. 12. An specific meeting held by Bandeirante with the rapporteur-director in September 27, 2012, presented the considerations on the results of their 3rd Periodic Tariff Review. III. Analysis 13. The average effect to be noticed by Bandeirante customers due to the tariff review is - 2.25%. Calculated tariff repositioning was -2.22%. To the tariff repositioning financial components were added2, corresponding to 0.37%. Then, financial components included in the previous tariff adjustment were detracted, which were equivalent to 0.40% of the revenue. These combined tariff transactions result in an average effect noticed by the consumers [2.22% + 0.37% - 0.40% = 2.25%]. 14. The table below summarizes the average effect by Group/Subgroup/Tariff Class. Group/Subgroup/Class Average Effect for Group A (>2.3 kV) A1 (≥ 230 kV) A2 (88kV to 138 kV) A3a (30 kV to 44 kV) A4 (2.4 kV to 25 kV) Average Effect for Group B (≤ 2.3 kV) B1 (Low Voltage – Residential and Low Income) B2 (Low Voltage – Rural Area) B3 (Low voltage – Other Classes) B4 (Low Voltage – Public Lightning) CONSUMER AVERAGE EFFECT 15. Average Effect -79% 10.94% 1.22% 11.85% -1.66% -3.64% -4.04% 0.96% -3.36% 0.96% -2.25% Tariff repositioning proposed for Bandeirante tariff review is -2.22% calculated as the equation below. Where: RT = Average Tariff Repositioning (%) RR = Required Revenue OR = Other Revenues RV: Verified Revenue 2 The financial components considered to a certain tariff calculation “remain” in the tariffs for one year; therefore, at each readjustment process there is an “out-put” of a set of financial components and the “input” of other set of different values. 5 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 16. Verified Revenue refers to Electric Energy Annual Revenue Supply, Energy Purchase, Consumption and Use of Distribution Systems, calculated considering the economic tariffs ratified in the last tariff readjustment, and the Reference Market, disregarding taxes (PIS/PASEP, COFINS, ICMS) and financial components out of tariff calculation. 17. Reference Market includes the amount of electric energy, power demand and distribution system use, billed within Reference Term3, to other distribution utilities and permissionaires, customers, auto-producers and power generation companies that make use of the same connection point to import or inject electric energy, as well as by the amount of power demand hired by other generation companies to be used in the distribution system. 18. Required Revenue is calculated for the Reference Period, considering the productivity potential earnings within tariffs effective term set in the review, according to the formula below: RR = VPA + VPB (1 – Pm) (1 - mΔX) (2) Where: RR: Required Revenue; VPA: A Component Value ; VPB: B Component Value; Pm: Market Adjustment Factor; m: See multiplier section III 1.5 for details; and ΔX: Differential of X, resulting from X-Factor recalculation (2CRTP). For details see section III 1.5. 19. Considering the Reference Market and the conditions in effect at the date of the periodic tariff review, the Value of A Component includes the following items: I. Acquisition cost of purchased electric energy (CE): The amount of energy purchased to attend the reference market appreciated by pass on price of effective contracts at the date of periodic tariff review, or by the value of auto-generation. To the amount of purchased energy, regulatory limits of energy loss in the distribution system defined in the 3PTRC are added, which are divided into technical loss and non-technical loss. Whenever the case it includes energy loss regulatory limits in the transportation of Itaipu and in the Basic Grid. II. Cost with the connection and the use of distribution and/or transmission systems (CT): Effective values of periodic tariff review date are considered for the connection. For the 3 The Reference Term is the period of twelve months immediately before the month of the Periodic Tariff Review. 6 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” use the amounts of power demand contracted within reference period, valued by respective economic tariffs effective at the date of the periodic tariff review are considered. III. Sector Burden (ES): Values effective at the date of the periodic tariff review. 20. The B Component includes the own costs of the activity of distribution, and the costs of customers’ commercial management, subjected to the control or the impact of management practices applied by the utility. III.1. 21. B Component The B Component is the sum of the components below: VPB = CAOM + CAA (3) Where: VPB: B Component Value; CAOM: Administration, Operation and Maintenance Cost; and CAA: Assets Annual Cost 22. PRORET Submodule 2.2 presents the calculation of Administration, Operation and Costs of Maintenance (CAOM), which is the sum of the components below: CAOM = CO3 + RI (4) Where: CAOM: Administration, Operation and Maintenance Costs; CO3: Operational Costs related to 3PTRC; and RI: Sunk Revenue 23. Assets Annual Cost (CAA) is the sum of the components below: CAA = RC + QRR + CAIMI (5) Where: CAA: Assets Annual Cost; RC: Capital Remuneration including net remuneration of capital and taxes; QRR: Regulatory Reintegration Quota (depreciation); and CAIMI: Annual Cost of Personal Property and Real Property (annuity) III.1.1. Operational Costs 24. The approach used for the calculation of regulatory operational costs in the periodic tariff review aims at defining the efficient level of costs to elaborate commercial processes of consumer units, operational activities and maintenance of electric installations. It also includes administration and management according to conditions provided by concession agreements 7 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” and in the regulation, to ensure that assets needed to render the service will remain unaltered during all useful life. 25. Under regulatory operational costs one can see the average productivity earnings reached by distribution utilities, the efficient level of costs and the characteristics of concession areas attended. 26. The definition of regulatory operational costs is done in two steps. On the first step, operational costs determined by the Reference Company Model methodology (ER) of the 2nd Periodic Tariff Review Cycle (2PTRC), considers the price variation of the inputs (operational costs), products increase (network distribution, consumer units and billed market), and deduces productivity average earning. This means that the average relation between operational costs variation and products growth reached by distribution utilities. 27. On the second step, there is a comparative analysis of distribution utilities’ efficiency to determine expected value interval for operational costs, considering distribution utilities costs and the characteristics of their concession areas. 28. The variations between values defined on the first and on the second steps are considered in the calculation of the T Component of the X-Factor. III.1.1.1. Step 1: Operational Costs Adjustment by Earnings with Productivity 29. For tariff repositioning purposes, the value of operational costs to be considered in 3PTRC database, takes into account the cost defined in 2PTRC, the variation of inflation index, product growth and the average of earnings with productivity during the analysis term, as equation below shows: ,% (6) Where: CO3: Operational cost to be considered for 3PTRC repositioning purposes; CO2: Operational cost defined at 2PTRC with adjustments below described, adjusted until the date of 3PTRC tariff review; ΔP: Total variation of the products; and 4 n: Number of years between 2PTRC and 3PTRC data base. 30. The productivity index to be applied for operational costs adjustment in 2PTRC are based on average earnings of the productivity, associated to the operational costs during the assessed period to define methodology. The value to be considered is 0.782% per annum and it is the same for all utilities. 4 2PTRC data base is the date related to consumers units information and networks of the ER; 3PTRC database is the th last day of the 6 month before the month of tariff review. 8 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 31. The value defined through Reference Company Model in 2PTRC for efficient operational costs must be readjusted, to make adjusting value compatible with other methodologies proposed for the 3PTRC as follows: Deduction of costs related to own generation dealt with the A Component; therefore, they must be excluded from B Component; Deduction of revenues with taxed services, dealt with in the methodology of “Other Revenues”; Exclusion of costs of capital related to annuities (vehicles, computer system, and rent of administrative personal property and real property), dealt with as Regulatory Annuity Baseline (BAR) in the methodology definition of Regulatory Remuneration Base. Exclusion of additional costs related to the increase of procedure and commercial activities, and of operation and maintenance. These costs aim at additional expenses between the time the Reference Company is simulated (database of consumers and assets data) and the date of the last tariff review. As 2PTRC cost adjustment occurs from reference date of consumers and assets, the exclusion of such values is necessary. 32. Once 2PTRC adjusted operational costs are set, the costs with personnel are adjusted by the IPCA (Broad Consumer Price Index), while the costs with material and services are adjusted by the IGP-M (General Market Price Index) between 2PTRC and 3PTRC tariff review dates. 33. The calculation of product total variation (ΔP) is as follows: ∆ ∆ ∆ ∆ ∆ ∆ Where: ∆: Total variation of the product ∆ : Low voltage consumption index growth ∆ : Medium voltage consumption index growth ∆ : High voltage consumption index growth ∆: Consumers’ index growth ∆ : Network index growth; and ! : Weight of variable i, where i is equal to low, medium and high voltage consume, consumers units and distribution networks. 34. The table below presents a summary of the Operational Cost calculation to be considered for Tariff repositioning purposes: 9 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Table 1 – Step 1, Regulatory Operational Costs in 3PTRC Repositioning Description Assets and Consumers Database OPEX Values Database Number of Consumer Units Distribution Network Extension (km) AT Market (MWh) MT Market (MWh) BT Market (MWh) Description Product Total Variation (?P) – 2PTRC and 3PTRC Product Annual Variation OPEX Productivity Index IPCA Variation IGPM Variation Description OPEX 2PTRC - Original OPEX 2PTRC - Adjusted OPEX 2PTRC – Inflation-Adjusted for 3PTRC OPEX 2PTRC – With Products Growth OPEX 3PTRC Consumers’ Council 2PTRC Values 01/01/2007 10/23/2007 1,364,738 26,814 5,200,850 3,829,263 3,945,103 3PTRC Values 04/30/2011 10/23/2011 1,514,357 26,857 5,240,334 4,590,353 4,771,949 Variation % Weight % 10.96 0.16 0.76 19.88 20.96 27.96 12.43 7.05 15.60 36.96 Variation % 13.99 3.07 0.782 24.57 29.55 Total Personnel Services & Materials 247,176,571 225,190,999 284,013,888 323,738,231 313,011,225 154,977,493 193,050,762 220,052,310 212,760,918 70,213,506 90,963,126 103,685,921 100,250,307 94,911 III.1.1.2. Step 2: Operational Costs – Comparative Analysis 35. Besides the analysis of productivity earnings, there is a second comparative evaluation of distribution utilities’ efficiency, which presents the results of productivity assessment and also introduces elements that allow for better characterizing the area of each utility. 36. The top-down approach was applied in the comparative analysis of the operational costs. It starts from costs realized by distribution utilities in the years before the definition of the methodology, with a comparative efficiency analysis to other utilities, upon efficiency index application. 37. Efficiency estimation of the utilities is carried out in two steps. The first step defines efficiency parameters and assesses input/product correlation. Operational costs are considered the actual inputs of distribution utilities. The products include the number of consumer units, the extension of the distribution networks and the billed energy consumed (captive consumer, free consumer and supply) subdivided by voltage level (AT, MT and BT). 10 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 38. The second phase assesses the specific characteristics of each concession area that affect the costs of distribution utilities to define an expected interval of costs that considers such specificities. 39. To assess specific characteristics of each concession area that affect operational costs we apply variables designated “Environmental Variables”. They usually consist of variables external to the utilities that affect operation and maintenance unitary costs, electric energy commercialization unitary costs and administrative costs. In the 3PTRC we considered some environmental variables such as the salary level in different regions; pluvial intensity that affects network operation and maintenance costs, that is: if the market is concentrated in a small area, or if network dispersion is high. Once fighting non-technical losses is a complex issue, it proved to be relevant only for large utilities. 40. The aim of the second level is to build intervals of values with efficiency percentage defined on the first level, according to the environmental characteristics of each concession area. Thus, for the utilities that work in areas where environmental variables justify a higher average cost, such fact is taken into account to build expected value intervals. The opposite is valid for utilities where environmental variables justify a lower average cost. See equations bellow: "#$ % · '$! "#$! ( ! ! % "*$! ! · '$! "*$! ( (8) (9) Where: "#$ : Inferior operational cost limit at 3PTRC database; "*$ : Superior operational cost limit at 3PTRC database; % : 2009 operational accounting cost updated until tariff review date; ! θi: Efficiency parameter considered at first level; LS (θi): Superior interval limit on efficiency parameter; and LI (θi): Inferior interval limit on efficiency parameter 41. To enable comparison of costs defined at step 1 with the efficient costs of 2009, an adjustment following the same procedure of equations (6) and (7) should be applied. However, it should consider operational costs growth and products growth between 2009 and the 3PTRC tariff review. The table below summarizes the calculation of step 2 defining regulatory Operational Costs: 11 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Table 2 – Step 2, Regulatory Operational Costs to Calculate the X-Factor Description Assets and Consumers Database OPEX Values Database Number of Consumer Units Distribution Network Extension (km) AT Market (MWh) MT Market (MWh) BT Market (MWh) 2009 Values 07/01/2009 07/01/2009 1,460,661 27,356 4,590,994 4,103,014 4,439,061 Description Product Total Variation (ΔP) – 2009 to 3PTRC Product Annual Variation OPEX Productivity Index IPCA Variation IGPM Variation Variation % 6.42 3.46 0.782 13.07 15.37 Description 3PTRC Values 04/30/2011 10/23/2011 1,514,357 26,857 5,240,334 4,590,353 4,771,949 Variation % Weight % 3.68 -1.83 14.14 11.88 7.50 27.96 12.43 7.05 15.60 36.96 Total Personnel OPEX 2009 – Current Values OPEX 2009 – Inflation-Adjusted for 3PTRC OPEX 2009 – With Products Growth OPEX 2009 – With Productivity Earnings 255,510,381 292,331,916 311,106,879 306,706,195 106,654,163 120,592,066 128,337,069 126,521,709 Services & Materials 148,856,218 171,739,850 182,769,810 180,184,486 Description Efficiency OPEX 3PTRC – 2nd Step (Interval) Inferior Limit 85.14% 261,129,654 Center 93.51% 286,800,963 Superior Limit 105.14% 322,470,893 42. As a result of Step 2, expected results intervals are determined for the operational costs. The variations noticed between values defined in Step 1 and Step 2 are then considered for the calculation of the T Component of the X-Factor. 43. The T Component aims at determining a trajectory to define regulatory operational costs. It refers, basically, to a transition between different methodologies to define efficient operational costs. Thus, along tariff cycle, the level of operational costs slowly migrates to the level defined by the comparative analysis. 44. When value of the operational costs defined in Step 1 is contained in Step 2 of the efficiency operational costs interval, the T Component shall not be applied, otherwise, calculation is based on the difference between the value defined in Step 1 and the closest limit to the interval defined in Step 2, as follows. T Component value is limited to ± 2.0%. 4 013 01 + ,1 . / 012 5 · 67893 ; 3 : (10) Where: N: Number of readjustments between two successive tariff reviews; CO3: Operational costs defined in the 2PTRC adjusted considering productivity earnings; <=>? : The closest limit to CO3 efficient operational costs defined by the benchmarking method; VPB0: Total of B Component defined in tariff review of 3PTRC. 12 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 45. For Bandeirante the T Component of the X-Factor is 0.00%. III.1.2. Sunk Revenue 46. The value of sunk revenue to be considered in the tariff review process consists of two amounts: (1) one related to sector burdens, and (2) another related to other items of distribution utility’s revenue. 47. The calculations of the amount of sector burden is made from sunk revenues of the utility. The aim is to calculate the costs with sector burdens including the amount billed, but received by the utilities. The level of sunk revenues of each utility are considered provided they do not exceed the limits fixed by PRORET Submodule 2.2. The equation below shows the synthesis of the calculus of sunk revenues associated to sector burdens: A* @! B#*B#*BC#D* E F∑H E I#! J (11) Where: Vi: Amount of sunk revenues associated to sector burdens; ES: Value of sector burden to be considered in tariff review; ρc: Class C consumption participation in total revenue verified in test year; and RIi: Median of the percentage of sunk revenues, related to class C, verified in the three years previously to tariff review. 48. For the amount of sunk revenues related to other items of revenue, regulatory percentages by consume class and by company groups are defined. Regulatory percentage is based on the development of distribution utilities of each of the groups. The value of sunk revenues of this revenue amount is then defined by the following equation: II K @ B%#*B%#*BC#D* E L∑'H E I# (M (12) Where: Vse: Amount of sunk revenues associated to revenue, except for sector burdens; RR no burdens: Net required revenue with no burdens, that is, subtracting sector burdens; ρc: Participation of class C consumption in total revenue verified in test year; R1c: Class C percentage of regulatory sunk revenues of the group the company belongs. 49. The table below shows a summary of the calculation of the value of sunk revenues to be considered in tariff review procedure, split into two amounts: one related to sector burdens and another related to remaining revenue. 13 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Table 3 – Sunk Revenues Description Sector Burdens Remaining Revenue Total Base Revenue (R$) 734,336,706 3,034,915,781 3,769,252,488 RI 1.03% 0.49% 0.59% RI (R$) 7,593,080 14,818,392 22,411,472 III.1.3. Capital Remuneration and Regulatory Reintegration Quota 50. Capital Remuneration (RC) corresponds to the remuneration of investments done by the utility and depends fundamentally on Regulatory Remuneration Baseline and on the capital cost as follows: I NIIO . IPI · QRS IPI · IPI.......... (13) Where: RC: Capital Remuneration; BRRI: Net Regulatory Remuneration Baseline; RGR: RGR debit balance QRS : Weighted average cost of real capital before taxes, and IPI : Cost of capital of RGR weighted by destination (PLpT and not PLpT) 51. The Regulatory Reintegration Quota (QRR) corresponds to the amount that considers the depreciation and amortization of investments, which aims at maintaining the assets of service rendering along their useful life. 52. The Regulatory Reintegration Quota (QRR) depends basically on Regulatory Remuneration Baseline and on facilities average depreciation index, as follows: QRR = BRRb δ (14) Where: QRR: Regulatory Reintegration Quota; BRRb: Gross Regulatory Remuneration Baseline; and δ: Facilities average depreciation index 53. To calculate the average index of facilities depreciation, annual depreciation indexes of Table XVI, attached to the MCPSE (Cost of Implementation of Electric Sector Proprietary Control Guideline) approved by ANEEL Resolution 367 of June 2, 2009 should be applied. 14 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 54. Relevant to mention that due to the approval of new depreciation rates provided by Resolution 474/2012 of February 7, 2012, the new average rate should be considered as from January 2012, applying the previous index for the period between review date and December 2011. III.1.3.1. Cost of Capital 55. To calculate the return rate the methodology of Weighted Average Cost of Capital – WACC, including the effect of the taxes on income, as follows: TUV00 W8⁄7 ·YZ [⁄7 ·Y\ ·WB] W^ -1 (15) Where: r WACC : Weighted average cost of capital after taxes, in real terms; rp: Nominal cost of own capital; rD: Nominal cost of debt P: Own Capital D: Third parties capital or debt; V: Sum of own capital and third party capital T: Marginal effective tax rates; and π: USA Average Inflation 56. The structure of the capital refers to sources applied by an investor in a specific investment. There are two sources: own capital and third party’s capital. 57. To determine optimal capital structure to be applied in the 3PTRC, empirical data was collected from Brazilian electric energy distribution utilities between 2006 and the year of tariff revision of 2PTRC, which resulted in the participation percentage of third parties’ capital (D/V) of 55%. 58. The risk/return method of Capital Asset Pricing Model (CAPM) was adopted to determine own cost of capital. This model was built to calculate assets remuneration of electric energy distribution in Brazil, resulting in the following equation: rp = rf + β (rm – rf) + rB (16) Where: rp: Nominal cost of own capital; rf: Return rate of risk free asset; β: Beta of regulated sector; rm-rf: Reference market risk premium; and rB: Country Risk Premium 15 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 59. For third parties’ capital cost a similar approach of the own capital is applied. Additional required risk premiums are added to the free rate in order to have resources lent to a distribution utility in Brazil. Third parties’ cost of capital is calculated by the CAPM method of debt as follows: rd = rf + rc + rB (17) Where: rf: Return risk free asset rate; rC: Credit Risk Premium rB: Country Risk Premium 60. The table below presents the weighted average cost of capital for a utility with tax rate of 34% for the Corporate Income Tax (IRPJ) and for the Social Contribution on Net Income (CSLL). Table 4: Result of the Weighted Average Cost of Capital – WACC COST OF CAPITAL Capital Structure Own Capital Rate 45% Third Parties’ Rate 55% Cost of Own Capital Risk Free Rate 4.87% Market Risk Premium 5.82% Levered Average Beta 0.740 Business Risk Premium 4.31% Country Risk Premium 4.25% Nominal Own Capital Cost 13.43% Third Parties’ Cost of Capital Credit Risk Premium 2.14% Nominal Cost of Debt 11.26% WEIGHTED AVERAGE COST Nominal WACC after Taxes* 10.13% Real WACC after Taxes* 7.50% (*) For companies with 34% IRPJ/CSLL tax rate 61. To apply the tariff, actual WACC is considered after tax benefits with subsequent inclusion of taxes to be paid. Therefore, the previous equation shall be applied to consumers’ tariff as follows: TUV00Z_` 62. W8⁄7·YZ [⁄7·Ya ·WB] W^ . 1/1 . + (18) Considering IRPJ and CSLL tax rates are subject to a differentiated legal analysis according to distribution utilities’ specificities that may result in final tax rates below 34%. 16 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Tax rates to be considered are as follows: a) For cooperative utilities and municipal agencies, IRPJ and CSSL tax rates are 0.00%; however, an equitable tax rate may be considered for the cooperative according to effective tax rate; b) For the utilities within SUDENE/SUDAM area, IRPJ and CLSS tax rates are 15.25%; c) Utilities with regulatory remuneration below R$240,000.00, IRPJ and CLSS tax rates are 24%; d) For other cases, tax rates are of 25% and 9% are considered, totalizing 34%. 63. To apply tariff, the WACC is considered as in table below: Table 5: WACC before Taxes WACC a Actual WACC before taxes b Actual WACC before taxes c Actual WACC before taxes d Actual WACC before taxes IRPJ & CSLL Tax Rate (%) Exempt 15.25% 24% 34% Tax (%) (rWACC-pre) 9.55% 10.19% 10.66% 11.36% a) Utilities exempt from Income Tax; b) Utilities within SUDENE/SUDAM area; c) Utilities with regulatory earnings below R$ 240,000; and d) All others 64. In the 3PTRC the total funds of the debit balance shall be deducted from utility net remuneration of the RGR at Eletrobras of the month related to appraisal report database of utility Remuneration Basis. Thus, fixed assets from RGR funds will be remunerated on specific rate, and other assets of the company at regulatory cost of capital (WACC). 65. Balance of investments made from financing with RGR funds will be remunerated by the cost of loans in actual terms, considering that tariff readjustment includes B Component inflation adjustment, as well as investments made during tariff cycle that are inflation adjusted at the time of their incorporation to regulatory remuneration baseline. 66. RGR funds destined to the Program entitled “Light for All” (PLpT) are remunerated by the effective cost of loans in actual terms of 1.35% p.a., and RGR funds not destined to the PLpT will be remunerated at the cost of the lowest fund raising of third parties available at electric power distribution utilities, of 3.62% p.a.in actual terms. 17 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” III.1.3.2. 67. Regulatory Remuneration Baseline To assess utilities’ assets bound to the public service concession of electric energy distribution to define 3PTRC remuneration baseline, follow the guidelines below: a) Remuneration baseline approved in the second cycle of tariff review (2PTRC) should be “shielded”. Shielded Baseline refer to values approved by adjusted assess reports including transactions (inclusion, write-off, depreciation) and respective adjustments; nd rd b) Inclusions between 2 and 3 tariff review cycles database, provided still in operation, are part of the Incremental Baseline, and are assessed in 3PTRC tariff review process. c) Final assessment values are obtained by adding adjusted values of shielded remuneration nd baseline (item a) with inclusions that took place between 2 and 3 rd tariff review cycles database – incremental baseline (item b); th d) The last day of the 6 month before the month of the 3PTRC tariff review is the assessment report database. e) Remuneration baseline is to be adjusted by the IGPM variation between assessment report database and the tariff review date. 68. Assets bound to the public service concession of electric energy distribution are eligible to compose the Regulatory Remuneration Baseline only when effectively used in the public service of electric energy distribution. Regulatory Annuity Baseline (BAR) assets are neglected in remuneration base. 69. The table below summarizes Regulatory Remuneration Baseline calculation as well as remuneration and amount of reintegration quota. Table 6: Capital Remuneration and Quota Reintegration 18 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Table 6: Capital Remuneration and Quota Reintegration Description Amount (1) Fixed Asset in Service (New Reposition Value) (2) Integral Asset Capacity Utilization Index (3) Gross Special Liabilities (4) Totally Depreciated Assets (5) Gross Remuneration Base = (1) – (2) – (3) – (4) (6) Accumulated Depreciation (7) Net AIS (Market Value in Service) (8) Depreciated Asset Capacity Utilization Index (9) Remuneration Baseline Value (VBR) (10) Storeroom in Operation (11) Deferred Charges (12) Net Special Liabilities (13) Land and Servitudes (14) Total Net Remuneration Base= (1)-(6)-(8)+(10)+(11)-(12)+(13) (15) Balance RGR PLPT (16) RGR Balance Other Investments (17) Depreciation Index (18) Regulatory Reintegration Quota = (5) * (17) (19) Actual WACC before taxes (20) RGR PLPT Rate (21) Other Investments RGR Rate (22) Capital Remuneration (15)*(20)+(16)*(21)+[(14)-(15)-(16)]*(19) 4,121,241,476 1,933,059 354,212,533 764,864,274 3,000,231,610 2,365,744,873 1,755,496,603 856,055 1,754,640,548 1,539,812 306,450,376 94,799,616 1,544,529,600 8,146,627 3.91% 117,396,563 11.36% 1.35% 3.62% 174,643,085 70. The value of Regulatory Remuneration Base was informed by the SFF (Superintendence of Economic and Financial Supervision), through the Memo # 1315/2012-SFF/ANEEL of September 3, 2012. III.1.4. Annual Cost of Personal and Real Property Facilities - CAIMI 71. The Annual Cost of Personal and Real Property, also designated Annuities, refer to short term reorganization investments, such as those done with hardware, software, vehicles, and investments with administrative facilities, and buildings infrastructure. 72. The assets comprised within Regulatory Annuity Baseline (BAR) are neglected in the Fixed Asset in Service (AIS) that will constitute the remuneration base. These assets are defined as a relation of the AIS. A BAR is determined by the following formula: BAR = 4.4956 (AIS - IA) -0.21+1 (IGPM1/IGPM0) 0.21 (19) Where: BAR: Amount of regulatory remuneration base related to investments in non-electric assets (real and personal property); AIS: Fixed Asset in Service approved in the 3PTRC; IA: Asset Capacity Utilization Index base on AIS approved in the 3PTRC; IGPM1: IGPM (Market Price Index) at tariff review date; and st IGPM0: IGPM (Market Price Index) in January 1 2011. 19 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 73. Once regulatory annuity base is defined, to calculate the annuity it is necessary to have it split in 3 groups of assets as follows: Table 7: Segregation of Regulatory Annuity Base in Groups of Assets Group of Assets BAR % Rent (BARA) Vehicles (BARV) Systems (BARI) 74. 25% 25% 50% Once segregated, the Annuities are as follows: CAIMI = CAL + CAV + CAI (20) Where: CAIMI: Annual Cost of Personal and Real Property (Annuities); CAL: Annual Cost of Rent; CAV: Annual Cost of Vehicles; CAI: Annual Cost of Computer System 75. Annuities will be calculated in regimen with linear depreciation in useful life and with remuneration on 50% of the investment. R"⁄@⁄# NRIR⁄@⁄# · c@d R⁄@⁄# QR S e (21) Where: CA (L/V/I): Annual Cost of: A: Rent; V: Vehicles; I: Computer System BARA/V/I: Amount of regulatory annuity base concerning investments in A: Administrative Real Property; V: Vehicles; I: Computer System; and VUA/V/I: Useful Life. Value defined in Table XVI of the annex of the MCPSE Guidelines: A: 85% of the TUC (Type of File Unit); “Edification-Others” and 15% of the TUC “General Equipment” / V: referring to TUC “Vehicles” / I: referring to TUC “Computer General Equipment”. 76. The table below summarizes the CAIMI values. Table 8: Annual Cost of Personal and Real Property – CAIMI Description (1) Regulatory Annuity Base (BAR) (2) Annuity Base – Administrative Personal and Real Property (BARA) (3) Annuity Base – Vehicles (BARV) (4) Annuity Base – Computer System (BARI) (5) Annuity – Infrastructure of Personal and Real Property (CAL) (6) Annuity – Vehicles (CAV) (7) Annuity – Computer System (CAI) (8) CAIMI = (5) + (6) + (7) Values (R$) 178,732,978 44,683,244 44,683,244 88,366,489 4,158,251 9,037,389 21,702,340 34,897,980 20 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” III.1.5. B Component Adjustment due to Investments 77. As provided by ANEEL Resolution 234 of October 31, 2006, the mechanism that compares estimated investments in the X-Factor calculation to investments effectively made by distribution utilities was defined in 2PTRC. 78. In the 3PTRC, at the tariff review of each utility, investments effectively made by the distribution utility between 2PTRC and 3PTRC are assessed and calculated based on distribution utility’s accounting records, monthly deflated by the IGPM for previous tariff review database. 79. In case investments effectively made are inferior to those considered in the calculation of 2PTRC X-Factor, this item is recalculated, replacing prognosis investment amounts by actual investments made. Other parameters remain unaltered. 80. The recalculation of the X-Factor results in a differential of X(ΔX), according to previous conditions: ΔX = X1 – X0 (22) Where: X0: X defined in previous review (2PTRC); and X1: Recalculated X 81. ΔX is applied as a B Component reducer, calculated in 3PTRC tariff review as follows: VPB’ = VPB (1 - mΔX) (23) Where: VPB’: Final value of B Component in 3PTRC VPB: Total of B Component calculated in 3PTRC; and m: Multiplier 82. The value of the multiplier (m) is 1.13 for utilities that have tariff reviews every 3 years; 1.76 for reviews every 4 years and 2.43 for reviews every 5 years. 83. According to Memo # 1469/2012-SFF/ANEEL of October 1st, 2012, the investments validated by the SFF-ANEEL (Superintendence of Financial and Economic Supervision) for 2PTRC were of R$ 396.057,15; thus, for the third tariff review of Bandeirante, the value of (1mΔX) resulted in 0.98. 21 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” III.1.6. B Component Adjustment to Market Adjustment Index 84. To the Final Value of B Component, an adjustment index called the Market Adjustment Factor is applied, to consider potential productivity earnings between the year before tariff review, the reference period, and the period where tariffs set in the review are effective; that is, twelve months after the review. 85. The value of Market Adjustment Factor (Pm) to be applied in the periodic tariff review of each utility in B Component Value readjustment will be defined from average productivity of the distribution sector and of the average growth of billed market, and on the number of consumer units of the utility between 2PTRC and 3PTRC tariff reviews as follows: Pm(i): = 1.11% + 0.313 X (VarMWh(i) – 4.25%) – 0.260 X (VarUC(i) – 3.58%) (24) Where: Pm(i): Market Adjustment Factor of the utility I; VarMWh(i): Market Average Annual Variation of the utility I, between 2PTRC and 3PTRC reviews; and VarUC(i): Average annual variation of the number of consumer units of the utility I, 2PTRC and 3PTRC reviews; and 86. The table below presents the summary of the calculation of Bandeirante tariff review of B Component. Table 9: Adjusted B Component Calculation Description Administration, Operation and Maintenance Cost (CAOM) Operational Costs (CO3) Sunk Revenues – Sector Charges (Vi) Other Sunk Revenues (Vse) Assets Annual Cost (CAA) Capital Remuneration (RC) Regulatory Reintegration Quota (QRR) Annual Cost of Personal and Real Facilities (CAIMI) B Component (VPB) Adjustments bound to investments made X Differential (ΔX) Multiplier (m) B Component with 2PTRC Adjustment (VPB’) Productivity Rate of B Component B Component with market adjustment Values (R$) 335,517,607 313,106,136 7,593,080 14,818,392 326,937,628 174,643,085 117,396,563 34,897,980 662,455,235 -11,975,998 1.03% 1.76 650,479,238 1.08% 643,436,207 22 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” III.2. Other Revenues 87. Other revenues can be classified into two categories according to their nature: “revenues inherent to electric energy distribution service”, and “revenues of other entrepreneurial activities”. 88. Revenues inherent to the electric energy distribution service are additional revenues to the energy supply, an essential part of the concession of electric energy distribution, for which the expenses incurred are already in the regulated revenue service. Revenues obtained with connection charges and chargeable services. 89. The revenues of other entrepreneurial activities are any activities developed by the utility that are not directly related to a final purpose of the concession. They are subdivided into two groups: a) Complementary Activities: Expenses of activities not clearly identified, already covered by the revenue from the regulated activity. Contracts of infrastructure and communications systems (PLC) commonality (sharing basis) are in this subgroup. b) Atypical Activities: Activities under administration and management criteria that allow for a very distinct record keeping of costs and results. Within this category are the revenues from services rendered to third parties (operation and maintenance, consultancy, communication and engineering) and charges for insurance and services billed in energy invoices. 90. For each type of revenue there is a percentage to be reverted to tariff modicity as provided by the PRORET (Tariff Regulation Procedure) Submodule 2.7. The table that follows synthesizes the calculation of “Other Revenues”. Table 10: Other Revenues 23 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Table 10: Other Revenues Description Chargeable Services Connection Charges Infrastructure Sharing Communication Systems Consultancy Services O&M Services Communication Services Engineering Services Insurance & Services TOTAL III.3. 91. Gross Revenue 7,718,212 ICMS/PIS COFINS/ISS 287,903 Net Revenue 7,430,308 Expenses - IRPJ CSLL 2,526,305 Net Profit 4,904,004 Other Revenues 4,904,004 - - - - - - - 20,136,854 751,142 19,385,712 15,508,570 1,318,228 2,558,914 16,788,027 - - - - - - - - - - - - - - 1,545,169 - 134,896 - 1,410,273 - 1,128,218 - 95,899 - 186,156 - 93,078 - - - - - - - - 1,538,183 134,286 1,403,897 280,779 381,860 741,257 370,629 30,938,418 1,308,227 29,630,190 16,917,567 4,322,292 8,390,331 22,155,737 The A Component The value of A Component is calculated considering the Reference Market and the conditions in effect at the date of periodic tariff review. It includes the costs with electric energy purchase (CE), costs related to connection and use of distribution and/or transmission systems (CT) and the costs with Sector Charges (ES). III.3.1. Costs with Electric Energy Purchase (CE) III.3.1.1. Types of Agreement and Pricing Rules 92. Law # 10848 of March 15 2004 on the commerce of power changed the rules of purchase and sale of electric energy, especially concerning the distribution utilities. It provides differentiated rules considering utility size, that is, those with their own market ≥ 500 GWh/year, and those that attend consumption below this amount. 93. The model set by law # 10848/2004 establishes two environments for contracting: Regulated Contracting Environment (ACR) and Free Contracting Environment (ACL), where utilities should ensure the distribution of the electric energy to their whole market, upon the execution of regulated contract (within ACR). 24 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 94. Concerning energy purchase by distribution agents with their own market ≤500 GWh/year, the regulation allows business within the Regulated Contracting Environment with the following options: (i) Auctions of purchase in ACR; (ii) Generators distributed, as provided by decree #5163, articles 14 and 15 of July 30 2004; (iii) With regulated tariff of current supplier agent; or (iv) Upon public licitation process carried out by distribution agents. The general conditions to hire power supply for these utilities were provided by means of Normative Resolution #206 of December 22, 2005. 95. Current agreements are classified in the following modalities: Bilateral Agreements (CB): Contracts executed from a free negotiation between the agents previous to law #10848/2004. Energy Contracts of Distributed Generation by means of public call after this law are also classified as Bilateral Agreements, as well as those from licitations carried out by the utilities with a market ≤500 GWh/year. Normative Resolution #167 of October 10, 2005, sets forth the conditions to market the energy originating from Distributed Generation. Bid Agreement (CL): Contracts of energy purchase and energy sale previous to Decree #5163/2004 resulting from public bids of amounts of energy, carried out within the former Energy Wholesaler Market (MAE), currently The Chamber of Electric Energy Commercialization. Itaipu Agreement (IT): Energy commercialized by “Itaipu Binacional” with distribution utilities that acquired product quotas made available to Brazil set forth in Normative Resolution #218 of April 11. CCEAR: Contracts of power commercialization within a regulated environment, resulting from bidding process set forth by Decree 5163/2004. 96. The calculation of economic values for energy purchase in tariff review shall follow the criteria below as in Concession Agreement: (i) Energy purchase by means of contracts executed before Law #10848/2004: The pass-through of the price of each effective agreement at the date of tariff review shall be applied to the amount of energy of each contract, within the reference period, limited to the amount of energy that can be attended by the same contract in the twelve subsequent months; 25 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” (ii) For the electric energy purchased by means of contracts executed after Law # 10848/2004: The pass-through average price of power purchase contracts set forth in Decree #5163/2004, article 36, authorized by the ANEEL until tariff review date, weighted by respective contracted volumes to be delivered in the twelve subsequent months, applied to the amount of purchased power with the deduction of amounts hereinabove. 97. In December 2, 2011 the Superintendence of Market Studies (SEM) informed the prices of Bandeirante bilateral agreements to be considered for tariff calculation (Memo #393/2011-SEM/ANEEL). III. 3.1.2. Demanded Energy 98. Besides the necessary energy to attend your customers, one should consider that not all generated energy is delivered to the final consumer. The loss of energy is inherent to the process of power transformation, transmission and distribution. ANEEL is in charge of defining a regulatory loss referential at each tariff review, taking into account the utility performance in the segments of loss with larger management. 99. Energy losses can be divided into Loss at Basic Grid (outside utility distribution system, with technical origin) and Loss at the Distribution, which can be of technical or non-technical nature. 100. The technical losses refer to the amount of loss at the distribution, inherent to transportation process, voltage transformation and energy measurement at the utility network. Non-technical loss represent all other losses connected to distribution, such as energy theft, measurement errors, billing errors, consumer units with no measurement equipment and others, which are measured by the difference between Distribution Loss and Technical Loss. 101. Losses in Basic Grid are calculated based on the percentage of average loss within the segment of “Consumption”, notified by The Chamber of Electric Energy Commercialization – CCEE, and assessed twelve months before tariff review. 26 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 102. Technical losses are calculated taking into consideration utility distribution system characteristics, such as: grid injection and consumption points of electric power, conductors gauge, type of transformers and others. Losses in high, medium and low voltage at distribution networks, substations, distribution transformers and other energy meters and service lines are calculated. Module 7 of PRODIST (Distribution Procedures) details the methodology applied to calculate the technical loss. The level of calculated technical loss as the percentage of injected energy is kept constant at all tariff procedures until the subsequent review. 103. Regulatory referential for Non Technical Loss is redefined at each tariff review, which can be given either as a declining trajectory acknowledging a lower level of non-technical loss at each tariff review, or as a fixed target, where non-technical losses on low voltage market is kept constant along the tariff cycle. 104. ANEEL’s approach to define the limits of non-technical loss compares distribution utilities’ development that is similar within concession areas. Such comparison happens from building up a complexity ranking to fight non-technical losses that aim at objectively measuring the level of difficulty faced by each distribution utility, to reduce energy thefts and frauds. 105. The ranking formula allows us to say that distribution utilities in areas considered as more complex areas, with lower levels of non-technical loss are a reference of efficiency. This can be used to define trajectories of reduction of non-technical loss by other distribution utilities. Relevant to mention that besides distribution utilities’ comparative efficiency analysis, the assessment also considers the past performance of the distribution utility itself to be used as a regulatory reference when non-technical levels of loss have increased. The table below shows non-technical loss calculation: 27 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Table 11: Regulatory Losses 1- Starting Point Calculation (Tariff Review) Description Non-Technical Loss (BT %) 1. Goal of Cycle 2 16.12 2. Minimum amount in History 20.74 3. UC Adjust with no Measurement 0.09 4.Starting Point [minimum amount (1&2)-3] 16.03 2- Calculation of Goal (End of Tariff Period) Description Model A Benchmark Company COELCE PNT/BT Benchmark 7.11% PNT/BT COELCE 22.63% Comparison Probability 99.98% PNT/BT Target based on each Benchmark 7.11% PNT/BT Benchmark Target Average (measured) PNT/BT Difference between measured & Billed - COELCE PNT/BT Benchmark Target Average (billing adjusted) PNT/BT Starting Point (billed) PNT/BT Target Description Starting 2011 2012 Point % % PN/BT Trajectory (starting point until target) 16.03 13.62 11.20 Speed of Reduction (pa) -2.42 -2.42 Limit of Reduction (pa) -1.40 -1.40 PNT/BT Regulatory Referential 16.03 14.63 13.23 PNT/Einj Regulatory Referential 4.90 4.90 4.90 106. Model B COELCE 7.11% 22.63% 99.99% 7.11% 7.11% 0.74% 6.37% 16.03% 6.37% 2013 % 8.79 -2.42 -1.40 11.83 4.90 Model C COELCE 7.11% 22.63% 99.96% 7.11% 2014 % 6.37 -2.42 -1.40 10.43 4.90 The starting point for the regulatory referential of non-technical loss is usually determined by the smallest value between defined target of the 2PTRC and the minimum amount in history reached by the distribution utility. The goal for the end of the cycle considers the performance of distribution utilities in areas with the same complexity (or more complex areas), concerning the fight against non-technical losses, with better performance. The average level of non-technical loss of benchmark companies is then the referential to set the goal, which must observe the potential speed of the reduction. 107. Finally, the Energy Sold represents all energy billed by the utility for their captive market, own consumption and the energy supplied to other distribution utilities. The table below presents the calculation of demanded energy considered in the tariff review procedure: Table 12: Demanded Energy Description Loss in Basic Grid Loss in Distribution Technical Loss Non-Technical Loss Sold Energy Demanded Energy Energy (MWh) 242.651 1,485.380 787.097 688.282 9,302,801 11,030,832 28 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” III.3.1.3. Valuation of Energy Purchase 108. Utility Energetic Balance was prepared to calculate the expenses with the electric power purchased to be resold, assessing surplus or deficits of the electric energy within reference period. 109. The surplus or deficits are calculated from the difference between the total contracted energy and the total demanded energy, both related to the reference period. The contracted energy available is equal to the sum of the own generation, of the CCEAR, of energy purchase from bilateral agreements and of Itaipu and Proinfa energy quotas. The table below presents a summary of the cost with energy purchase. Table 13: Cost with Energy Purchase Description Expenses (R$) 1,389,047,675.97 Tariff (R$/MWh) 118.08 Energy (MWh) 12,044,514.87 1st Existing 2005-2008 1st Existing 2006-2008 1st Existing 2007-2008 2nd Existing 2008-2008 MCSD 1st Existing 2005-2008 MCSD 2nd Existing 2006-2008 MCSD 1st Existing 2007-2008 MCSD 2nd Existing 2008-2008 MCSD 4th Existing 2009-2008 MCSD 5th Existing 2007-2008 10th Adjustment Auction P10M-SE 1st Alternative A-3 2010-15 OF 1st Alternative A-3 2010-30 H 1st New A-3 2008-15 T 1st New A-3 2008-30 H 1st New A-4 2009-15 T 1st New A-4 2009-30 H 1st New A-5 2010-15 T 1st New A-5 2010-30 H 2nd New A-3 2009-15 T 2nd New A-3 2009-30 H 3rd New A-5 2011-15 T 3rd New A-5 2011-30 H 4th New A-3 2010-15 T 5th New A-5 2012-15 T 5th New A-5 2012-30 H 6th New A-3 2011-15 T BILATERAL AGREEMENTS EDP LAJEADO ENERPEIXE ENERPEIXE CEMAT INVESTCO FAFEN ITAIPU PROINFA Own Generation 71,182,419.93 134,933,006.82 18,399,156.88 35,768,832.03 23,377,175.37 26,866,836.20 1,554,589.58 3,450,886.92 8,425,845.52 152,748.27 2,762,126.29 24,452,968.51 10,493,302.60 2,794,193.42 539,885.48 14,326,344.84 1,695,135.32 41,636,261.28 48,232,338.85 9,087,875.98 25,719,117.57 26,513,280.64 31,434,285.69 105,250,610.08 38,036,207.42 26,989,55.92 17,510,998.33 80.43 94.16 105.53 113.22 78.63 92.01 102.66 111.27 125.28 131.21 110.92 170.44 170.13 103.59 141.52 100.15 151.22 135.52 152.22 113.65 165.20 140.19 156.28 107.97 101.20 160.39 103.57 885,058.63 1,433,019.97 174,350.73 315,911.62 297,310.89 291,997.47 15,143.00 67,254.53 67,254.53 1,164.11 24,901.97 143,469.66 61,678.55 26,973.58 3,814.99 143,048.88 11,209.96 307,233.33 316,856.65 79,963.71 155,686.92 189,123.91 201,143.00 974,813.47 375,851.85 168,274.31 169,074.04 14,432,815.41 165,435,578.40 60,286,714.20 1,516,703.91 143,480,040.00 252,309,838.30 - 126.85 173.26 169.30 122.75 163.79 97.58 - 113,778.60 954,840.00 356,094.00 12,356.04 876,000.00 2,585,659.28 280,443.02 - Surplus (+) / Exposition (-) 110,973,307.36 109.48 1,013,682.98 1,278,074,368.61 115.86 11,030,831.89 CONTRACTED ENERGY CCEAR – REGULATED ENVIRONMENT TOTAL COST OF ENERGY PURCHASE 29 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” III.3.2. Costs with Connection and Use of Distribution and/or Transmission Systems 110. The costs with power transmission from the plant to the utilities’ distribution networks include: the Basic Grid (Nodal and Border), Connection/DIT, Transport from Itaipu and Use of Distribution Systems. The table below presents power transmission costs related to be considered in this tariff review: Table 14: Cost of Connection and Use of Distribution/Transmission Systems (CT) Description Transport from Itaipu Initial Contracts Basic Grid Basic Grid Border Basic Grid ONS Basic Grid (A2) Export Basic Grid (A2) Itaipu MUST Connection Use of Distribution System Total 111. Cost (R$) 22,344,524 253,502,063 53,704,644 211,970 19,389,504 19,056,934 368,209,638 Basic Grid Cost: It refers to the amounts paid by Distribution Utilities to Transmission Companies as provided by the CUST (Contract of Use of Transmission System) executed by the ONS to access the transmission network of interconnected system. These amounts are calculated by the ONS based on power demand values multiplied by the tariff determined by the ANEEL. This tariff depends on the annual revenue allowed to Transmission Companies (RAP) to cover the costs of transmission activities. ANEEL fixes the TUST (Tariff for the Use of Transmission System) in the format of TUSTRB related to the use of Basic Grid installations and TSTFR concerning the use of Power Transformers on Basic Grid Borders. Itaipu quotaholders distribution utilities also pay the amount attributed to Itaipu Binational generation plant for the Use of Basic Grid (Itaipu MUST), proportionally to their shares. 112. Connection Cost: It refers to distribution utilities’ exclusive use, by Distributors, of “Other Transmission Installations” (DIT) that do not belong to basic grid but to transmissions companies for connection to transmission basic grid installations. This cost is fixed the ANEEL with an annual readjustment that matches readjustment date of electric power distribution utilities supply tariffs. 113. Electric Power Transport from Itaipu Binational Plant: Cost of the transmission of electric power share acquired by the utility from that generation plant. The cost with transport 30 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” from Itaipu is the result of amount of power demand (MW) acquired times by the tariff of Itaipu transport fixed by the ANEEL in Reais (R$/MW). 114. Cost related to the Distribution Systems Use : The amounts paid by distribution utilities to other distribution companies as provided by the CUSS (Contract for Use of the Distribution System) agreed by and between the parties, to access their distribution network. The cost is calculated based on the amounts of hired power demand multiplied by the tariff determined by the ANEEL. III.3.3. Sector Burden 115. Sector burdens are determined by their own legislation; they have a specific destination that is the result of governmental policies for the national electric sector. ANEEL does not have jurisdiction create or extinguish sector burdens. The sector burdens do not represent revenue earnings for the utility that collects and passes on due amounts to resource managers. Table 15 shows sector burden amounts as follows: Table 15: Sector Burdens Description Reversal Global Reserve (RGR) Fuel Consumption Account (CCC) Energy Services Inspection Tax (TFSEE) Energy Development Account (CDE) Financial Compensation (CFURH) Charge on System Service (ESS) and on Reserve Energy (EER) PROINFA R&D, Energy Efficiency and ICMS Return of Isolated Systems ONS Total Tariff Burden 116. Amount (R$) 30,424,548 212,991,359 6,291,616 143,423,740 57,826,689 66,654,568 31,035,829 107,892 548,666,240 Reversal Global Reserve (RGR): Created by Decree #41019 (26/Feb/1957) to provide resources for reversion, take over, expansion and improvement of electric energy public services, to finance alternative energy sources, for inventory / feasibility studies of potential hydraulic use and for the development and implementation of programs with projects to prevent waste, and the efficient use of electric power. RGR annual shares set forth in Resolution # 023/1999 are defined based on 2.5% of the “pro rata tempore” investment with the limit of 3.0% of the revenue of each utility provided in the Accounting Manual for the Electric Power Public Service, under the accounts of “Energy Purchase”, “Energy Supply”, “Revenue from Electric Network Use” and “Charged Service”. 31 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 117. Consumption Account of Fossil Combustibles (CCC): Created by Decree # 73102 (7/Nov/1973), it aims at pro rata distribution of costs related to fuel consumption to generate thermoelectric energy in isolated systems. These costs are distributed all over the country depending on the market of each utility. CCC values are based on ELETROBRAS Combustible Annual Plan (PAC), prepared by Eletrobras, with prognosis based on forecast hydraulicity, on expected consumption growth for the current year, and on effective fuel price applied on the need of thermal generation. 118. Energy Development Account (CDE): Created by Law # 10438/2002 regulated by Decree # 4541/2002 to provide resources for: (i) Energy development of the states; (ii) Wind energy generation competitiveness, small hydroelectric power plants, biomass, natural gas and mineral coal within the areas attended by interconnected electric systems; (iii) promote the universalization of electric energy services in the whole country. CDE shares were originally defined based on CCC values of 2001 Interconnected Systems with charges readjusted annually from 2002 according to market growth ratio of each agent and in 2004 by the IPCA (Broad Consumer Price Index). CDE shares for the coming year are based on the share set for the previous year, incorporating market growth between September/Year-1 and August/Year-2, adjusted by the IPCA of the same period. 119. Financial Compensation for the Use of Hydro Resources (CFURH): Created by Law # 7990 (28/Dec/1989). The calculation of the CFURH is based on the effective generation of hydroelectric power plants according to the formula: CFURH = TAR X GH X 6.75%, where TAR refers to Reference Adjusted Tariff annually fixed by the ANEEL (in R$/MWh) and GH is the amount (in MWh) of hydroelectric power plant monthly generation set forth in ANEEL Resolution 67/2001. 120. Energy Services Inspection Tax (TFSEE): Created by Law 9427 (26/Dec/1996), and it is equivalent to 0.5% of the annual economic benefit of the utility provided by Decree # 2410/1997. The annual amount of the TFSEE is set the ANEEL and destined to cover the costs of their activities. 121. Program of Incentives for Alternative Electricity Sources (PROINFA) – Law #10438 of April 26, 2002. The aim of this program is to increase the participation of renewable alternative sources in the production of electric energy (wind energy, biomass and small power 32 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” plants). PROINFA costing is determined by the PAP (PROINFA Annual Plan), provided by Decree # 5025/2004, Article 12 of ELETROBRAS. The shares are set according to captive consumers’ market, free consumers’ market and self-producers’ market (ANEEL Normative Resolution # 127/2004). 122. System Service Charge (ESS) – Decree # 5163 (July 30/2004): A charge destined to cover the costs of system services, including ancillary services rendered to the users of the SIN (National Interconnected System), which includes: (i) generation costs from energy dispatched independently from priority due to transmission restrictions within each submarket; (ii) operating power reserve in MW, made available by generation plants for system frequency regulation and their autonomous starting capacity; (iii) Capacity reserve in MVAr made available by generation companies, above the reference values defined for each generation company in Network Procedures of the ONS necessary to operate the transmission system; and (iv) operation of generators as synchronous compensators, the voltage regulation and the generation cut and load relief plan. 123. Reserve Energy Charge (EER) – Decree # 6353 of January 16, 2008. It represents all costs for contracting reserve energy. The reserve energy is the energy destined to increase electric energy supply safety in the SIN (National Interconnected System) from power plants specially contracted upon public bids for this purpose, including administrative costs, financial costs and charges prorated among final SIN electric power users. 124. The burden of R&D-Research and Development-Law 9991, July 24, 2000 determined that utilities and public distribution permissionaires have to apply the minimum amount of 0.75% of their net operational revenue in research and development of the electric sector; and the minimum of 0.25% in energy efficiency programs as in ANEEL Resolution # 271/2000 and Normative Resolution #316/2008. 125. Distribution Utilities pay monthly amounts to the System National Operator (ONS) activities costing, which coordinates and controls the operation of interconnected electric systems and the administration and coordination of electric power transmission services. III. 4. Verified Revenue 33 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 126. The Verified Revenue is the Annual Supply Revenue, the Energy Purchase, the Consumption of Electric Energy and the Use of Distribution Systems, calculated based on homologous economic tariffs of the latest tariff readjustment and on the Reference Market, disregarding PIS/PASEP, COFINS, ICMS and the exogenous financial components of tariff calculus. 127. The Reference Market includes the amounts of electric energy, power demand and the distribution system use billed within Reference Period5 to other utilities and to distribution permissionaires, consumers, auto-producers and power generation plants that make use of the same connection point to import, or inject electric power. The amounts of power demand contracted by other generation companies to be used in the distribution system are also included. 128. Relevant to mention that as from 3PTRC review, the tariffs applied consider the applicable discounts that result from subsidies granted to certain consumption classes. Thus, tariff subsidies are then compensated in the own tariff structure with no need to consider subsidy forecast as a financial component for the next 12 months. The table below presents a summary of the Verified Revenue calculation. Table 16: Verified Revenue Description Supply A1 (≥ 230 kV) A2 (from 88 kV to 138 kV) A3 (69 kV) A3a (from 30 kV to 44 kV) A4 (2.3 kV to 25 kV) AS BT (≤ 2.3 kV) SUPPLY FREE CONSUMERS A1 FREE CONSUMERS (others) DISTRIBUTION CONSUMER GENERATION CONSUMER CED Low Income TOTAL 129. Market (MWh) 9,260,559 428,988 4,059,621 4,771,949 42,242 227,947 4,828,394 243,494 14,602,636 Revenue (R$) 2,542,357,594.81 84,317,370 979,269,266 1,478,770,959 2,536,463 8,035,056 306,900,161 17,942,655 1,776,790 627,608.20 2,880,176,328 The SAMP ANEEL System (Market Data Monitoring System) contains market information, and additionally, utilities are requested in the 3PTRC the billing system open by 5 Reference period corresponds to twelve months immediately before the month of the Periodic Tariff Review. 34 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Consumer Unit. Therefore, the market currently considered may change due to validations that are being made from breakdown data. III.5. The X-Factor 130. The X-Factor aims at ensuring that balance between revenues and efficient expenses determined at tariff review date is kept along the tariff cycle. Tariff calculation is applied in annual readjustments whenever B Component value is IGPM-adjusted deducing the X-Factor. Thus, the bigger the X-Factor, the smaller the annual tariff readjustment is. 131. ANEEL’s approach to calculate the X-Factor in the periodic tariff review aims at defining it from productivity potential earnings, compatible with market growth level, with the number of consumer units, and quality of the service, also propitiating a transition of efficient operational costs. 132. To reach this goal the X-Factor includes 3 components as follows: X-Factor = Pd + Q + T (25) Where: Pd = Productivity earnings of distribution activity; Q = Quality of the Service; and T = Operational costs trajectory 133. Pd and T Component are defined as “ex-ante”, that is, at the time of tariff review. The Q Component, shall be specified as “ex-post”, that is, in each tariff readjustment after 3PTRC tariff review; however the methodology for its calculation is already known. III.5.1. Component of Distribution Productivity Earnings - Pd 134. Pd Component of the X-Factor includes potential productivity earnings associated to the electric energy distribution, estimated from the relation between billed market growth and operational costs and the capital linked to electric power distribution. 35 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 135. Pd component to be applied in tariff readjustments of each utility is defined from average productivity of the distribution sector and the average growth of billed market and the number of consumer units of the utility between 2PTRC and 3PTRC tariff reviews, as follows: Pd(i) = PTF + o.313 X (VarMWh(i) – VarMedMWh) – 0.260 X (VarUC(i) – VarMedUC) (26) Where: PTF: Average Productivity of the Distribution Sector of 1.11% p.a.; VarMWh(i): Annual market average variation of utility “i” between 2PTRC and 3PTRC tariff reviews; VarMedMWh: Annual market average variation of all distributors within 3PTRC simulation period of 4.25% p.a.; VarUC(i): Annual average variation of the number of billed consumer units of utility “I”, between 2PTRC and 3PTRC tariff reviews; VarMedUC: Annual average variation of the number of billed consumer units of all distribution utilities within the period of 3PTRC simulations, of 3.58% p.a. 136. 1.08% is the Pd component value for Bandeirante subsequent readjustments. III.5.2. Efficiency Trajectory for T Operational Costs 137. T Component of the Factor X aims at setting a trajectory to define regulatory operational costs. It deals with the transition between different methodologies to define efficient operational costs. The methodology of operational costs calculation and the calculation of the T Component are herein described in item III.1.1. T Component value to be considered in subsequent readjustments of Bandeirante, calculated according to equation (10) is 0.00%. III.5.3. Q Component of Service Quality 138. The Q Component of the X-Factor aims at encouraging the improvement of the quality of the service rendered by distribution utilities along the tariff cycle, changing the tariffs according to the behavior of quality index. 139. In the assessment of the quality level of the service rendered, the DEC index (Equivalent Interruption Duration) and the FEC index (Equivalent Interruption Frequency) are considered. The mechanism aims at a continuous improvement of the indexes, also aware of the relative performance of distribution utilities. 36 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 140. The Q component value depends on the relative performance of the distribution utilities. To determine the Index of the Service Quality of each distribution utility, the FEC and the DEC are compared to the limits defined by the ANEEL, every civil year, as the follows: W [p0qZr_q\s t fgh. jklmn o · 6 [p0uvwvx` t yp0qZr_q\s t yp0uvwvx` t ; (28) Where: Ind.Qual: Service quality index for tariff purposes; DECapurado: DEC assessment for the latest available civil year; FECapurado: FEC assessment for the latest available civil year; DEClimit: DEC defined for the civil year when index was assessed; FEClimit: FEC defined for the civil year when index was assessed; 141. For comparison purposes of relative performance, distribution utilities will be divided into two groups according to their size. Distribution companies with billed market ≥ 1 TWh/year in the year of index assessment are called “large” and the others called “small”. 142. Once service quality index of each utility is defined, the ones considered to have the best performance are those whose index is below the first quartile of individual index of the utilities within the group. Contrariwise, the utilities with the worst performance are those whose index exceeds the third quartile. The quartiles are calculated as soon as DEC and FEC of distribution utilities are available. 143. The Q Component is specified at each tariff readjustment according to the variation of the FEC and DEC indexes assessed, already suppressing causes that are external to distribution utilities, taking into consideration distribution utility performance concerning the quality of the service rendered as follows: 37 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Table 17: Q Component of the X-Factor FECI/DECI Var (%) > 20% 17% to20% 14% to 17% 11% to 14% 8% to 11% 5% to 8% -5% to-5% -8% to-5% -11% to -8% -14% to -11% -17% to 14% -20% to -17% < -20% 144. General Rule (%) 1.00% 0.95% 0.79% 0.64% 0.49% 0.33% 0.00% -0.33% -0.49% -0.64% -0.79% -0.95% -1.00% Best Performances (%) 0.50% 0.47% 0.40% 0.32% 0.24% 0.17% 0.00% -0.33% -0.49% -0.64% -0.79% -0.95% -1.00% Worst Performances (%) 1.00% 0.95% 0.79% 0.64% 0.49% 0.33% 0.00% -0.17% -0.24% -0.32% -0.40% -0.47% -0.50% The annual variation of DEC and FEC index is calculated according to the following equation, and considers the indexes suppressing interruptions due to causes external to the utility distribution system. W [p0x t zlT{|<} ~|<} n o [p0 x t yp0x t . 1 yp0 x t . 1 (29) Where: VarDECI/FECI(i):Annual average variation of utility (i) FEC and DEC having distribution system external causes suppressed; DECI(t): DEC assessed, available for the last civil year, having external causes to utility suppressed. DECip and DECind sum defined in PRODIST; DECI(t-1): Same as above, but assed in the previous year; FECI(t): FEC of the past civil year available, having external causes to distribution utility suppressed. FECip and FECind sum defined in PRODIST; and FECI(t-1): Same definition as above, but assessed in the previous year. 145. The Q component will be applied as from 2013 tariff readjustments. III.6. Financial Tariff Components 146. The value of power energy supply tariff includes a concept of economic cost. However, several financial tariff components have been created in the legislation that are not part of the basic tariff; that is, they are not an integrant part of the economic tariff because they refer to amounts to be paid by consumers in each period of 12 months subsequent to readjustments or to tariff reviews. 38 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 147. The financial components considered herein are as follows: (i) A Component Items Variation Compensation Account – CVA: to compensate for the financial effects that take place between readjustments/reviews dates of A Component, as provided by the Administrative Rule # 025 of January 24, 2002 of the Ministry of Mines and Energy and Treasury. 148. The values of the Variation Compensation Account (CVA) - Items of A Component - under processing were sent by the SFF (Superintendence of Financial and Economic Supervision). 149. Concerning the values of the CVAenergy informed by the SFF, it is relevant to mention that the SRE was dealt with considering contracted amounts to attend 100% of the regulatory market, in compliance with the cut order provided by Resolution 255 (6/Mar/2007), amended by Resolution 305 (18/Mar/2008), which determined the criteria of costs transfer for oversourcing up to 103% of regulatory market. 150. Other procedures adopted by the SRE concerning the CVAenergy inspected by the SFF were: (i) Inclusion of invoices related to the amounts of PROINFA (MWh) energy, so as to ensure the neutrality in power costs of acquisition transfer, considering PROINFA (MWh) energy is an integrant part of the utility energetic balance and part of calculation of the average tariff of purchased energy assessed in tariff readjustments; (ii) Considering the tariffs validated by the SEM (Superintendence of Market Studies) in relation to bilateral agreements; (iii) Fixing the limit of tariff transfer at the purchase of power of Power Plants in Delay as provided by the REN 165 of 19/Sept/2005. The table below shows CVA values in process: Table 18: CVA Assessed Values CVA DESCRIPTION Delta CVA CCC CVA CDE CVA Basic Grid CVA Energy Purchase CVA CFURH CVA Itaipu Transportation CVA Proinfa CVA ESS/EER TOTAL 3,058,338 11,496,646 2,545,161 (7,726,718) 408,887 (75,936) 6,952,189 16,658,566 th 30 previous day 3,388,995 11,959,472 2,388,864 (5,261,087) 432,843 (79,575) 7,717,009 20,546,520 th 5 working day 3,411,752 12,039,780 2,404,905 (5,296,416) 435,749 (80,110) 7,768,829 20,684,490 12 months 3,600,039 12,704,228 2,537,626 (5,588,713) 459,797 (84,531) 8,197,573 21,826,020 39 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” (ii) CVA (previous year) Offset Balance: As provided by Administrative Rule #25/2002 MF/MME §4, Art. 3, it was checked if the CVA balance in Process considered in the previous tariff process was effectively compensated, taking into consideration the variations that took place between the electric power market considered at that time and the actual market effectively realized within the 12 months of compensation, as well as the difference between projected interest rate and SELIC interest rate. The CVA assessed a setoff balance of the previous year in the amount of R$ 1,868,395.77; (iii) Neutrality of Sectors Burdens: According to the terms set forth in by sub-clause 18 of the Concession Agreement, there was a calculation of the monthly differences assessed between the values of each item of billed sector burden within reference period and the respective values given in the previous readjustment. The total of the differences, adjusted by SELIC for October 2011 came to the negative total amount of R$(16,042,520.62); (iv) Energy over-sourcing transfer: Article 38 of Decree 5163/04 establishes that the transfer of electric power acquisition costs provided in articles 36 and 37 of final consumers’ tariff, ANEEL shall consider up to 103% of the total amount of contracted energy in relation to the annual supply load of the distribution agent. Thus, in compliance with the methodology approved in Resolutions 255 (6/Mar/2007) and 305 (18/Mar/2008), for the current tariff process the negative amount is of R$ (14,879,665.82) for energy over-sourcing of the civil year of 2010; however, due to the negative calculus, there is no prognosis for the next 12 months. The reversion was not considered due to lack of a prognosis in the previous tariff calculation. (v) Exposition by Price Differences between Submarkets: Article 28 of Decree 5163/04, paragraphs 2 and 3, provides that commercialization rules set forth specific mechanisms for pro rata distribution of financial risks resulting from price differences between the sub-markets, occasionally imposed to distribution agents that execute Agreements of Electric Energy Commercialization within Regulated Environment (CCEAR) in the modality of energy amount. The SRE assessed a negative net exposition of R$ (2,318,597.05), already adjusted by the IPCA, referring to the accountings performed between January and December 2010. (vi) Component of Basic Grid Readjustment – Border: The Readjustment Component (PA) of the Border Basic Grid informed by the SRT is R$ 25,343.15. The amount of Border PA 40 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” should be considered in the calculation of the Basic Grid Average Tariff for the assessment of Basic Grid CVA in the next tariff readjustment. (vii) Component of Adjustment of the Connection/DIT: It refers to the financial impact that results from transmission companies review and of other adjustments associated to connection installations of exclusive use, also informed by the SRT in the total amount of R$3,703.21. This amount is IGPM-adjusted by the variation of the IGP-M (General Market Price Index). (viii) Subsidy, Reversion and Prognosis: Irrigation and Aquaculture: As provided by Normative Resolution #207, Article 6 (Jan/9/2006) special discounts are granted on the tariff of power supply related to the electric energy used for irrigation and aquaculture. The amounts supervised and validated by the SFF (Superintendence of Economic and Financial Supervision), duly adjusted for the period between September 2010 and August 2011 was R$3.882. The reversion granted in previous tariff calculation, IGPM-adjusted of –R$1.308 was also considered. As from 3PTRC tariff review, tariff subsidies started being compensated in the own tariff structure, with no possibility of considering as a financial component the subsidy forecast for the next twelve months. (ix) Subsidy, Reversion and Prognosis – TUSD (Incentivized Sources) As provided by Normative Resolution #77, Article 7 (18/Aug/2004), the amounts related to the loss of distribution revenue from discounts granted in the TUSD (Tariff paid for the use of the distribution system), applicable to hydroelectric plants with power ≤ 1MW, and to generation plants with power ≤ 30MW (PCH and Incentivized Sources) destined to independent production and for the self-production, on production and on commercialized energy consumption and on the energy acquired by free consumers. The amounts supervised and validated by the SFF -Superintendence of Economic and Financial Supervision, (for free customers and generation companies) for the period between August 2010 and July 2011, IGPM-adjusted resulted in the total of R$14,607,875. The reversion of the prognosis granted in previous tariff calculation, IGPM-adjusted reached the amount of -R$12,021,321. As from the 3PTRC tariff review, tariff subsidies started being compensated at the own tariff structure, with no possibility of considering as a financial component the subsidy forecast for the next twelve months. 41 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” (x) Subsidy, Reversion and Prognosis – Self-Producer (APE) and Independent Energy Producer (PIE): It refers to utility revenue loss due to the discounts granted at the TUSD CCC, CED and PROINFA, for the own consumption of energy auto-producer and the independent producer (Normative Resolution #166, Nov/11/2005). Amendments in public service concession contracts of electric power distribution introduced a new methodology of energy annual readjustment tariff, effective from February 2012. They aimed at ensuring neutrality to A Component costs related to sector burdens and the discounts granted to the APE/PIE were considered in the present tariff calculation concerning the period between August 2010 and July 2012, supervised and validated by the SFF (Superintendence of Economic and Financial Supervision), in the total amount of R$5,371,33 IGPM-Adjusted. The reversion of the prognostic granted in previous tariff calculation in adjusted values was -R$ 1,555,661. From 3PTRC tariff review, tariff subsidies started being compensated at the own tariff structure. Subsidy prognosis is no longer considered as a financial component for the next twelve months. (xi) Subsidy, Reversion and Prognosis – Rural Electrification Cooperatives: It refers to revenue compensation due to “full” tariffs, with no discounts concerning rural electrification cooperatives, so that subsidizing market defined in the tariff structure does not increase to compensate for such discount. Therefore, the amount of R$ 12,616,136.96 is being considered as a “Subsidy – Cooperative”, supervised by the SFF/ANEEL for the period between June 2009 and July 2011. The amount of R$ (7,934,846.50) is also being considered for “Reversion of Subsidy Prognosis” granted in Tariff Readjustment of 2010. (xii) Subsidy, Reversion and Prognosis – Low Income: Based on information given by the SRC (Superintendence of Regulation of Energy Commercialization) on the market and billing of Low Income Residential Subclass consumers, adjusted annual Low Income subsidy value, referring to the term between October 2010 to September 2011, was assessed in R$ 14,952,556. This amount is not covered by the economic subvention provided by the Normative Resolution 89/2004, transferred to the utility by ELETROBRAS. This amount includes occasional revenue differences resulting from compliance to Law # 12212/2010 on Electric Energy Social Tariff, and Article 13 of Law # 12111/2009, which vetoes passing on the percentage of the Sector Burden of Consumption Account of Fossil Combustibles (CCC) to Low Income Residential Subclass consumers. For the same period, the reversion of the forecast 42 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” included in the previous tariff calculation, IGPM-adjusted, in the negative total amount of -R$ 11,810,225. 151. Still considering the discounts given to Low Income Residential Subclass consumers, and according to Memo 342/2012-SRC/ANEEL of 5/Sept/2012, the SRC informed data approved to low income subsidy of Bandeirante between October 2008 and September 2009, and October 2009 and September 2010, which had not been considered in the IRT-2010, waiting for approval at that time. Therefore, this tariff review considered the following setoff adjustments R$ 2,173,558 and R$ 255,715. 152. As from 3PTRC tariff review the tariff subsidies started being compensated at the own tariff structure with subsidy prognosis no longer considered as a financial component for the next twelve months. (xiii) Financial Guarantees to participate in Energy Public Bids: Considering Report 295/2010-PGE/ANEEL (Apr22/2010) ANEEL’s Office of Attorney General, this kind of tariff setoff is restricted to financial guarantees provided in contracts, referring to Article 15 (generation distributed by public call), article 27 (CCEAR of new energy and existing energy bids), and Article 32 (Adjustment Auctions) of Decree 5163/2004; that is, occasional costs to compose financial guarantees to participate in public bids should be disregarded. However required in the bid notice, they are not provided in energy purchase and sale contracts, and are released after auctions are closed. Relevant to mention that as in Article 12 of Decree 5177/2004, tariff pass through of expenses/reimbursement costs resulting from energy bids is vetoed. Thus, in the present tariff calculation, payments made, duly supervised and validated by the SFF (Superintendence of Economic and Financial Supervision), were R$ 325,326 IGPMAdjusted. (xiv) Cost of Implementation of Electric Sector Proprietary Control Guideline – MCPSE: Normative Resolution #367 (2/Jun/2009) approved the MCPSE to be applied by utilities, permissionaires and authorized electric energy companies, whose assets and installations are liable to reverted to the Union as effective legislation sets forth. Article 3 of this Resolution determines the costs of the implementation of the Handbook should be considered as regulatory within periodic tariff review. The amount of R$ 3,451,820.16 supervised by the SFF was included and is considered a 43 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” provisional form until article 3 of RN 367/2009 is regulated, subject to correction in the scope of the tariff readjustment procedure immediately after the result of this tariff review. Summary of Financial Components 153. The table below consolidates the amounts considered as financial components: Table 19: Financial Components Description Amount (R$) CVA under process CVA Setoff Balance Sector burdens neutrality Subsidy – Irrigation and Aquaculture – Res 207/2006 (assessed-previous year reversion) Subsidy – Free Consumer Incentivized Source TUSD – Res 77/2004 Subsidy TUSDccc, cde, proinfa – APE/PIE – Res. 166/2005 Subsidy – Low Income Subsidy - Cooperative Energy Oversourcing REN 255/2007 (Assessed + Prognosis – Reversion) CCEAR Exposition between Sub-markets Financial guarantees at energy regulated contracting (CCEAR) Border RB Adjustment Component Adjustment Component of DIT/Connection Implementation Assets Control Guide - MCPSE Low Income Subsidy Setoff Adjustment 2008/2009 Low Income Subsidy Setoff Adjustment 2009/2010 TOTAL 21,826,020 1,868,396 -16,042,521 2,575 2,586,554 3,815,669 3,142,331 4,681,290 -14,879,666 -2,318,597 325,326 25,343 3,703 3,451,820 2,173,559 255,715 10,917,518 III.7. Tariff Review Summary 154. Applying the methodologies defined in PRORET Module 2 on tariff review of electric power distribution utilities, Bandeirante tariff review is summarized in the following table, with all items of utility required revenue, other revenues, financial components and verified revenue. The table also shows the contribution of each item to repositioning. 44 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” Table 20: Tariff Review Summary Description 1. A COMPONENT (1.1+1.2+1.3) 1.1. Sector Burdens RG CCC …..TFSEE …..CDE PROINFA ….R&D (Energetic Efficiency) ONS ESS 1.2. Transmission Basic Grid Basic Border Grid Itaipu …..Connection Others 1.3. Energy Purchase Existing CCEAR New CCAR Bilateral Agreements Itaipu 2. B COMPONENT (2.1+2.2+2.3+2.4+2.5) 2.1. Operational Costs + Annuities 2.2. Remuneration 2.3. Depreciation 2.4. Sunk Revenues 2.5. Other Revenues 3. Economic Repositioning 4. Financial Components 5. Financial Repositioning 6. Financial from previous IRT Last IRT Revenue R$ Verified Revenue R$ Required Revenue R$ Projected Variation R$ Impact in Review (%) Part. Revenue Review (%) 2,042,028 488,374 4,187 190,216 6,088 126,435 66,656 31,387 110 63,296 326,919 219,971 50,950 37,993 17,848 157 1,226,735 260,457 364,136 366,509 235,632 772,861 2,109,866 504,598 4,326 196,535 6,290 130,635 68,870 32,430 113 65,399 337,780 227,279 52,643 39,255 18,441 163 1,267,488 269,110 376,233 378,685 243,460 798,536 2,194,950 548,666 30,425 212,991 6,292 143,424 66,565 31,036 108 57,827 368,210 253,502 53,705 41,734 19,057 212 1,278,074 278,610 362,003 385,152 252,310 612,280 4.03 8.73 603.26 8.37 0.03 9.79 -3.35 -4.30 -4.70 -11.58 9.01 11.54 2.02 6.32 3.34 30.38 0.84 3.53 -3.78 1.71 3.64 -22.20 2.93 1.52 0.90 0.57 0.00 0.44 -0.08 -0.05 0.00 -0.26 1.05 0.90 0.04 0.09 0.02 0.00 0.36 0.33 -0.49 0.22 0.30 -6.09 77.94 19.48 1.08 7.56 0.22 5.09 2.36 1.10 0.00 2.05 13.07 9.00 1.91 1.48 0.68 0.01 45.38 9.89 12.85 13.68 8.96 22.06 353,250 261,775 154,090 21,529 -17,783 2,814,888 364,985 270,472 159,209 22,244 -18,374 2,880,176 338,013 169,629 114,026 21,768 -22,156 2,816,231 10,918 -7.39 -37.28 -28.38 -2.14 20.58 -2.22 -0.93 -3.47 -1.55 -0.02 -0.13 -2.22 0.37 -1.85 -0.40 12.00 6.02 4.05 0.77 -0.79 7. Average Effect for Consumer III.8. 155. -2.25 Effects of Tariff Review on Subsequent Readjustments Despite late process, Bandeirante tariff review has been in effect since date provided in Concession Agreement of October 23, 2011. In order to counterbalance tariff review adjournment to both distributors and consumers, a financial component shall be assed from the difference between adjourned tariffs (actually applied) and those fixed at tariff review (that should have been used), applied on reference market of the next tariff readjustment. 156. The calculation of the financial component should occur as from Annex I tariffs. That is, considering both the economic items of the revenue and the financial components. As the effects of the tariff review are not uniform – they vary according to consumers’ tariff modality - financial bubble is calculated by tariff modality. 45 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL” 157. It is relevant to mention that in June 18, 2012, Technical Note 185/2012-SRE/ANEEL recommended the change in the Normative Resolution 471/2011. It allowed that revenue variation due to the difference between tariffs effectively applied within effective term tariff review, and the ones defined at the homologation of definite results, could be set out and considered as a financial component in the next tariff readjustment. It also recommended that in case of financial component deferred balance, it should be remunerated by the WACC (7.5%) and by the IGP-M (General Market Price Index). IV. Conclusion 158. By applying the methodologies defined in PRORET Module 2 of distribution utilities tariff review, Bandeirante tariff repositioning is of -2.22%, with an average effect perceived by the consumer of -2,25%. The table below shows the effect by voltage level. Table 21: Tariff Impact on Consumer Group / Sub-Group / Class Group A Average Effect (>2.3kV) A1 (≥ 230 kV) A2 (88 to 138 kV) A3a (30 to 44 kV) A4 (2.4 to 25 kV) Group B Average Effect (≤ 2.3kV) B1 (Low Voltage – Residential and Low Income) B2 (Low Voltage – Rural) B3 (Low Voltage – Other Classes) B4 (Low Voltage – Public Lighting) CONSUMERS’ AVERAGE EFFECT Mr. Lincoln José Silva de Albuquerque Barros Regulatory Specialist – SRE Average Effect % -0.79 10.94 1.22 11.85 -1.66 -3.64 -4.04 0.96 -3.36 0.96 -2.25 MS. Flávia Lis Pederneiras Regulatory Specialist – SRE 46 * The Technical Note is a document issued by the Organizational Units, which aims at supporting the decisions of the Agency. Superintendence of Economic Regulation – “SRE/ANEEL”
© Copyright 2024 Paperzz