6-K 1 ebrfinancialstatements.htm FINANCIAL STATEMENTS 2009 ebrfinancialstatements.htm - Provided by MZ Technologies



SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549



FORM 6-K

Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16 of the
Securities Exchange Act of 1934

For the month of June, 2010

Commission File Number 1-34129



CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRÁS
(Exact name of registrant as specified in its charter)



BRAZILIAN ELECTRIC POWER COMPANY
(Translation of Registrant's name into English)



Avenida Presidente Vargas, 409 - 13th floor,
Edifício Herm. Stoltz - Centro, CEP 20071-003,
Rio de Janeiro, RJ, Brazil
(Address of principal executive office)

Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F. 

Form 20-F ___X___ Form 40-F _______

Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

Yes _______ No___X____


 

Eletrobras

Financial Statements 2009

Administration Report

Independent Auditors' Report

Fiscal Council’s Report

Balance Sheet

Explanatory Notes

Exhibits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Administration Report

Fiscal Year Finished on December 31ST, 2009

 

 

1        Message from the Administration

2        Economic Scenario

3        Eletrobras’ Transformation Plan - PTSE

4        Strategic Planning

5        Corporate Management

6        Corporate Governance

7        Our Business

          7.1     Generation, Transmission and Distribution

          7.2     Share holdings

          7.3     Social Structure per Business Segment

          7.4     International Activities

8        Investments   

          8.1     Ordinary Resources

9        Growth Acceleration Program (PAC)

10      Electricity Market of the Eletrobras System

          10.1   Generation Expansion

          10.2   Transmission Expansion

          10.3   Auction of Transmission Lines

          10.4   Bordering Interconnections

          10.5   Trading of Electric Energy

11      Economical And Financial Performance

          11.1   Net Profit of the Subsidiaries

          11.2   Consolidated EBITDA

          11.3   Capital Structure and Consolidated Indebtedness

          11.4   Primary Result

12      Independent Auditors

13      Fundraising

14      Value Added

15      Compulsory Loan

16      Capital Market

          16.1   Base of Shareholders

          16.2   Analysis of Eletrobras’ Shares

          16.3   Market Value

          16.4   Rating

          16.5   Relationship with Shareholders and Investors

          16.6   Shareholders’ Remuneration

          16.7   ADRs Program - New York Stock Exchange

 


 

          16.8   Latibex  - Madrid Stock Exchange

17      Electric Energy Research Center - CEPEL

18      Industrial And Technological Development Program - PDTI

          18.1   Research & Development (R&D)

          18.2   Supply Logistics

          18.3   Procedures and Quality

19      Sector Funds Management

          19.1   Global Reversion Reserve - RGR

          19.2   Energy Development Account - CDE

          19.3   Fuel Consumption Account - CCC

20      Sector Governmental Programs

          20.1   National Program for Efficient Public Lighting - "Reluz"

          20.2   National Program for Saving Electric Energy - Procel

          20.3   Incentive Program for Alternative Energy Sources - PROINFA

          20.4   National Program for the Universalization of Access and use of Electric       Energy - "Luz Para Todos" (Light for Everyone)

21      Social Dimension

          21.1   Human Resources

          21.2   Work-Related Health, Well-being and Safety

          21.3   Training and Development

          21.4   Labour and Trade Union Relationships

          21.5   Administrative Actions

          21.6   Social Responsibility

          21.7   Culture and Society

          21.8   Ombudsman

          21.9   Awards and Recognition

22      Environment

23      Electricity Distribution Companies

          23.1   Tariff Review

          23.2   Trading of Electric Energy

          23.3   Supply per Consumer Class

          23.4   Loss Control

          23.5   DEC/FEC

          23.6   Non-compliance

          23.7   Client Services

24      Performance Appraisal

 

 


Eletrobras

 

 

 

1 - meSSAGE FROM THE ADMINISTRATION

The accomplishment of a new Eletrobras

 

The year 2009 brought the consolidation of many great achievements for the Eletrobras System, resulting from the transformation that has been promoted since 2008. Issues that impaired our business complex for many years have finally been solved. Besides this, the improvements in the corporate governance showed meaningful results, recognized by important market agents who recommended the purchase of Eletrobras’ shares. This prestige was also reflected on the performance of the Company’s shares on the São Paulo Stock Exchange. On December 31, 2009, the common shares reached a valuation of 40.36% and the preference shares, 31.18%. In the last two years, Eletrobras’ shares obtained a valuation of 45% (ordinary) and 31,8% (preference).

 

However, it was not just the investors that recognized Eletrobras in 2009: we were listed in Bovespa’s Company Sustainability Index for the third consecutive year; we received awards from ‘Época Negócios’ magazine and the ‘DCI’ newspaper as the most prestigious company in the electricity sector and eventually integrated the E8 - group of the 13 biggest companies of the energy sector in countries of the G8. This performance resulted from a lot of hard work, especially in broadening the investments in energy generation and transmission projects. At the auctions of transmission lines carried out by the Brazilian National Electric Energy Agency (Aneel), the companies of the System were strongly represented. At the first of them, in May, the Eletrobras System bought 92% of the total number of lines being disputed. At the second one, in November, it bought 6 out of the 8 shares containing 11 transmission lines offered.

 

In the field of energy generation, in addition to the positive progress in the work of Santo Antonio and Jirau, on the Madeira river, the advancements in the negotiations of the concession of the Belo Monte hydroelectric project's preliminary license and the holding of public hearings with a significant participation of the local population marked a year of concrete achievements and model changes. In the distribution area, we still follow the path of centralized, professional and more efficient company management. This effort has been assuring the feasibility of financing by the World Bank for investments in the restructuring and modernization of these companies, as well as improvements in the quality of energy supplied to millions of people.

 

Also by the end of the year, another great victory was achieved by Eletrobras with the sanction of Law 12.111, which defines the energy service conditions in the Isolated Systems and brings excellent perspectives for the recovery of the financial health of the Eletrobras System companies involved in these operations. With so many positive results, the perspective is extremely good: the construction of a new Eletrobras, destined to be a global leader in the clean energy market.

 

In 2010, the Company prepares for important projects, such as: the conclusion of the studies about the "Complexo de Tapajós" (Tapajós Complex), which will be built following the concept of a platform-pant; advancements in the construction of Angra 3 and progress in the internationalization of its business. All of this, obviously, results from a transformation promoted not only by its leaders, but also by everyone who integrates and builds the Eletrobras System.

 

2 - economic scenario

The International Overview

The liquidity crisis, practically all over the world, which restricted the growth of most economies in 2008, continnued to in 2009, despite attempting to recover in some developed economies. The greatest recoveries, however, took place in emergent countries such as China and India, for instance, which present high growth rates last year.

 

The Chinese GDP increased 8.9% in the third quarter of 2009, compared to the same quarter of 2008. In the first nine months of the year, the country’s economy expanded at a rate of 7.7%, amounting to 21.78 trillion Yuan or US$3.18 trillion, according to the Chinese Department of National Statistics.

 

2


Eletrobras

 

 

 

The policies adopted by the Chinese government to fight the financial crisis have yielded significant results, a critical factor for generating the jobs necessary to absorb the surplus workforce of that country. China anticipates that millions of workers will continue to move in search of better working conditions.

 

In the USA, the policy of support to the banks, carried out by President Obama, seems to have hindered or delayed a more generalized reliability crisis. Yet, the US’s GDP in 2009 should present a decrease of 2.4%, with the unemployment rate increasing from 7.7% in January to 10% in November.

 

The evolution of Germany’s GDP, in 2009, should be -5.0% and France’s approximately -2.3%. While Japan’s GDP attempted a light recovery in the third quarter of last year, with an increase between 2.2% and 2.6%, compared to the previous year, Italy’s decreased 4.6% in the same time period.

 

According to the European Union statistics agency, Eurostat, consumer prices in the 16 countries that have the Euro as their official currency increased 1% in January 2010 compared to January 2009. The unemployment rate, however, presented a more negative result, around 10% in December, against 9.9% in November, the highest rate since August 1998.

 

The Brazilian Economy

The Brazilian economy finished the year of 2009 with the IPCA (Broad Consumer Price National Index) in 4.31%, below the inflation goal and with an economical growth rate near zero, basically influenced by the negative performance of the industrial sector. In turn, the Selic (Liquidation and Custody Special System) rate remains stable since July 2009, at the level of 8.75% per annum (p.a). The TJLP (Long-term Interest Rate) remained at 6.25%p.a. in the first semester of 2009 and at 6.0%p.a. in the second semester.

 

The IPI exemption policy (Tax on Industrialized Products) for vehicles and private brand appliances, combined with a more active fiscal policy regarding public expenses, in addition to the real increase in the minimum wage and the reinforcement of social programs, such as "Bolsa Família" (Family Allowance) and "Luz para Todos" (Light for Everyone), served as a shield against the recessive effects of the international financial crisis.

 

The Brazilian commercial scales presented a commercial superavit (remainder of exportations minus importations) around US$24.615 billion by the end of 2009, a result 1.4% inferior to that registered in the previous year, which was US$24.956 billion. Exportations amounted to US$152.252 billion while importations totaled US$127.637 billion.

 

The exchange rate presented some volatility, reflecting the intense movement of capital throughout the year. The US dollar started the year being fixed at R$2.33 (Brazilian Real), on July 1, its quotation was R$1.93 and it finished the year at R$1.74, presenting, by the end of the year, an appreciation of approximately 25.3%.

 

Latin America

The international crisis was felt, although differently, by all Latin American economies. The estimates recently elaborated by Cepal for the joint GDP of Latin America indicate a decrease of 1.8% in 2009, compared to the GDP in 2008. Negatively highlighted are Mexico -6.7%; Paraguay - 3.5%; Honduras -3.0%; El Salvador -2.5% and Venezuela -2.3%. Positively highlighted are Bolivia +3.5%, Panama and Dominican Republic +2.5 each. Argentina should increase 0.7% in 2009 whereas Chile should be close to the Latin American result of -1.8%.

 

The Electricity Market

The national electricity consumption in the grid totaled 388.204 GWh in 2009, a decrease of 1.1% compared to 2008. The effects of the crisis were restricted to the industrial sector with -8%. On the other hand, the residential and commercial sectors increased 6.2% and 6.1% respectively. The industrial sector presented reduced consumption, similar to the average of the years 2006 and 2007, but recovered throughout the year, considering the large decrease of early 2009.

 

3


Eletrobras

 

 

 

 

According to data from the National Agency for Electric Energy, in 2009, the country reached the installed capacity of 106,301 MW in 2180 operating plants, the participation of the hydroelectric plants corresponding to 71% of the total generation capacity, followed by thermal power stations, by the end of the year, responsible for 23.59% of the power generation grid.

 

The same report also shows the projects that were put into commercial operation throughout the last year and generated power of 3,565.11 MW. From this amount, 610.86 MW came from hydroelectric plants, 463.32 MW came from small hydroelectric centers, 266.93 came from wind power and 2,224 MW came from thermal power stations.

 

The electricity consumption was substantially influenced by the distinct behavior of the Brazilian economy throughout 2009. Whereas the first months of the year were characterized by an environment of aversion to risk, a fall in the industry’s physical production rhythm and uncertainties resulting from the severe international financial crisis, the months of November and December already demonstrated the effects of the economic recovery that took place during this intermission.

 

This accelerated reversal of expectations is intimately associated with the adoption of anticyclical policies by the Federal Government, such as: the concession of specific fiscal incentives (automotive sector, private brands, civil construction), the performance of public banks regarding  credit expansion (Caixa Econômica, Banco do Brasil and BNDES), decrease in the interest rate, in addition to large investments in infrastructure.

 

As far as the performance of the consumer class is concerned, the industrial group was affected the most by the crisis (especially the exporting sectors). It is worth emphasizing the gradual recovery of the physical production rhythm and the respective electricity consumption each quarter of the year.

 

The residential and commercial classes had a significant expansion compared to the one accumulated in 2008, which can be due to many factors, such as: a more widespread possession and use of appliances; an increased number of new connections; the opening of new commercial outlets (retail and wholesale chains, shopping centers, hotels), stimulated by the domestic demand and the effects of the rising temperature in various regions of the country (implying an increased use of cooling systems).

 

The reduction n of the amount consumed by the industry in 2009 (between the levels of 2006 and 2007) was critical to the decrease observed in the energy market as a whole, compared to the closing of 2008.

 

The comparison of energy consumption per geographic region and the evolution of Brazil’s supply market, during the last years, is shown in the tables below.

 

Electricity Consumption in the Grid (GWh)

Consumer Class

2009

2008

Variation     (%)

Region

Residential

Industrial

Commercial

Others

Total

Total

North

5,258

12,339

3,146

3,193

23,936

23,748

0.79

Northeast

17,219

27,459

9,449

11,078

65,205

64,752

0.70

Southeast

54,343

91,570

36,796

25,216

207,925

213,651

-2.68

South

16,256

28,185

11,096

11,146

66,683

67,045

-0.54

Midwest

7,561

6,079

5,081

5,735

24,456

23,569

3.76

 

4


Eletrobras

 

 

 

 

Electricity Supply Market - Brazil 2005-2009 (GWh)

Class

2005

2006

2007

2008

2009

Variation (%)

Residential

82,650

85,784

89,885

94,660

100,637

6.3

Industrial

149,040

157,423

175,701

179,977

165,632

-8.0

Commercial

52,939

55,224

58,647

62,156

65,568

5.5

Others

49,936

51,796

54,129

55,971

56,368

0.7

Total

334,565

350,227

378,362

392,764

388,205

-1.2

 

 

3 -  ELETROBRAS’ TRANSFORMATION PLAN - PTSE

 

The Transformation Plan of the Electrobras System was organized into four performance areas. It was started in 2008 and, by late 2009, had 57 projects and 142 products to be delivered. The monitoring of the projects indicates a task achievement index of nearly 75%, considered to be satisfactory if compared to the planned progress estimate.

 

 

The Best Corporate Administration Practices implementing project, during 2009, obtained significant advancement. The standard criteria were established for the acting of Counselors and the Eletrobras Representing Administration and Fiscal Counselors Advice Manuals were elaborated, acknowledging the necessity of a good performance by the counselors in the mission of protecting and valorizing the return on investment, overseeing the relationship between the executive officers and the other interested parties.

 

The elaboration of the Personnel Integrated Management Plan for all the companies of the Eletrobras System went through a number of improvements since last year. It is formed by unified plans related to Career and Remuneration, Performance Reviews, Personnel Development and Capacitation, Personnel and Health-Care Benefits Administration. In the last quarter, the organizational environment management plan was started so as to measure and take actions to achieve satisfaction goals for the collaborators of the Eletrobras System (ES) as a whole.

 

The Unified Career and Remuneration Plan, the first one integrated for the collaborators of the ES, was approved in all instances and received a favorable report from the Ministry of Mines and Energy, awaiting now approval by the Department of Coordination and Administration of State Companies (Dest) and the Ministry of Planning, Budget, and Management (MPOG). The Performance Management System, on the other hand, is being implemented at Eletrobras, with the definition of goals for areas and individuals, and should be replicated to the other companies of the System in 2010. The Development and Capacitation Plan of the ES was developed and the Corporate University of the Eletrobras System was totally restructured to support the necessary competences according to the corporate strategies defined by the Eletrobras System Strategic Plan.

 

5


Eletrobras

 

 

 

Three Eletrobras System integrated policies that will guide the actions of the companies have also been approved: the Research, Development and Innovation Integrated Policy, the Supply Logistics Policy and the Integrated Communication Policy.

 

The approval of these policies gave rise to the development of action plans for the adjustment of processes, such as the first joint acquisition by all the generating companies of the system, which generated economies of scale with the same degree of success as the acquisition by Eletrobras’ distribution companies. In 2010, new acquisitions will be made, increasing the extent of the economy even more and refining the integrated planning process of this activity.

 

Concerning the strengthening of the corporate image, the System Brands Management project was started, whose strategy is integrated to the positioning of Eletrobras’ business and the corporate communication strategy. In the first semester of 2010, a new brand that will integrate all of the ES should be implemented, as well as new processes for managing the brand as an important business asset.

 

Regarding the internationalization, there was also considerable progress. The operational strategies were defined as well as the operational structure of the area responsible for the matter and, furthermore, a portfolio of projects to be studied/implemented abroad was indicated.

Insofar as legislations are concerned, a new approval of the PLV-03 (conversion project of the Provisional Measure Law No. 450/09) took place, which makes bidding rules flexible for Eletrobras. The project foresees that the company will not need to strictly follow the rules of Law No. 8,666, which regulates hiring in the public sector of the country, anymore. Therefore, as soon as the regulation of the PLV takes place, the acquisition of assets and the hiring of services may be done through a simplified bidding, with rules to be defined by a specific presidential decree.

Another advancement was the sanction, by the President of the Republic, of Law No. 12,111/09, which exempts the companies of the System, especially Eletronorte, with the excessive costs of the fuel used in the isolated systems’ operation. The purpose of the law is to improve the economic-financial balance of the companies, with the change in the calculation of the Fuel Consumption Account (CCC), which then allows the coverage of all the energy supplying service costs to the isolated systems, in addition to making it possible for the corresponding quantity of electricity to have the same value as the average cost commercialized by the Interconnected System.

Another initiative of great importance for the System’s business is, right now, the Implementing of the Risk Integrated Management Policy, which deals with the establishment of the Risk Integrated Management Model and the Internal Controls required by law Sarbanes-Oxley (SOX). In this respect, Eletrobras created, in 2009, the Department of Risk Management and Conformity of Controls, and all the generating and transmitting companies of the System, with the exception of Itaipu, which is still being evaluated, created similar structures. The work at the distributors will start in the second semester of 2010. Concurrently, consultancy services are being hired for mapping the corporate risks for all the companies of the System and giving methodology leveling workshops. Besides that, the adjustment verification tests for the Internal Controls required by the SPX law, which were implemented in the main processes of the companies of the Eletrobras System, are in the final stage. These initiatives are well considered by the market, strengthening Eletrobras’ image even more to investors and contributing to the consolidation of the company’s presence on the trading floor of the New York Stock Exchange, where, since October 2008, level II ADRs have been negotiated.

In the electricity distribution business segment, the execution of the Performance Improvement Plan, elaborated in 2008, has been implementing actions aimed at the economic-financial balance of Eletrobras’ companies acting in this market. Moreover, studies are being carried out for the readjustment of the management processes for adoption at the holding company and in the companies themselves.

 

6


Eletrobras

 

 

 

The adjustment of the business management model, including the evaluation of the current share model of the Eletrobras System, is being developed for the Generation, Transmission and Distribution of the electricity business. The studies are intended to indicate which management model alternatives are most favorable to the operation of the company’s business, with higher levels of profitability and competitiveness.

 

4 -  STRATEGIC PLANNING

 

In February 2009, the Eletrobras board of Directors presented Administrative Council (CAE) and the presidents of the companies of the Eletrobras System with the Eletrobras System Strategic Actions Program (PAE) for the period of 2009-2012.

 

Approved by the CAE in March 2009, the PAE 2009-2012 aims at hastening the approval and execution of actions that are vital to the transformation of the Eletrobras System and foresees financial investments and inversions of approximately R$8.7 billion in 2009, R$ 7,0 billion being destined to the generation and transmission and around R$1 billion to the distribution companies in the North and Northeast.

 

The PAE 2009-2012 works with a harmony comprised of Strategic Objectives, Critical Factors to Success and Goals and is in perfect harmony with the Eletrobras System Strategic Planning, under development. Besides the investments mentioned, it also encompasses actions in the scope of Corporate Administration, Corporate Management, Internationalization, Personnel Management and Image of the Company.

 

Eletrobras’ Strategic Planning and Business Performance Advisory Group is responsible for developing the goals to be achieved by the PAE 2009-2012 in the companies of the Eletrobras System. This work is performed through a set of performance indicators conceived to gauge the attainment of these goals according to the reality of each of the Eletrobras’ companies.

 

The work of elaborating the Eletrobras System Strategic Plan started with internal analyses and discussions, recognizing the already existing expertise about the topic within the System’s company complex, capturing and examining carefully the existing strategies and the opportunities apparent at that moment (early 2009).

 

A Work Group was constituted of representatives of all the companies of the System in the fields of Planning and Management. In this context, the focus was on the capacitation and alignment of the participants in Prospectives and Strategy.

 

During December 2009, the Eletrobras System (ES) Strategic plan was finialized, where are highlighted the scenarios of the actual environment of the system, the Reference Scenario chosen, the Strategic Positioning defined for the ES, highlighting: the Mission, the Vision, the Values, the benefits for the Target-Audience, the End Strategic Objectives, the Management and Competences Strategic Objectives and, finally, the Eletrobras System Strategy tree.

 

The next stage, anticipated for January 2010, is the submission of this Plan to the appreciation of Eletrobras’ Board of Directors, aiming at its approval and the continuity of the work, i.e., the elaboration of the Business Plan, Consolidated Budget, Long-term Investment Plan, in addition to the development of a Monitoring System (Goals and Performance Indicators).

 

5 -  CORPORATE MANAGEMENT

 

As of April 2009, the PTSE projects portfolio started being managed with the help of the report ‘Transformation Plan Projects Situation Panel’ updated and issued bimonthly, with the work of project managers and facilitators, this report allows the managers to have a graphic visualization of the progress of the group of projects of the plan, thus making the necessary analyses that support the transformation management decision process, in its different levels, possible.

 

7


Eletrobras

 

 

 

As of July 2009, Eletrobras’ Board of Executive Officers started to have available a monthly Management Information Report (RIG), the holding company’s new corporate management instrument. This report incorporates more comprehensive themes and information on the scope of market, business, services to the Government and corporate management.

 

As of July 2009, an Executive Summary for the use of Eletrobras’ Administrative Council (CAE) was issued. This document, delivered every month to the Administrative Council during their meetings, presents, in a synthesized way, a set of information regarding themes of relevance and interest to the CAE members.

 

In September 2009, during the meeting of the Eletrobras System Supreme Council (Consise), at the hydroelectric plant of Tucuruí, the Eletrobras System Sustainability Committee presented the proposal of a management pact involving implementing and improvement commitments of a series of management good practices focused on Business Sustainability, by March 2010. Thus was the Tucuruí Pact established by Consise.

 

Aiming to achieve one of the Tucuruí Pact’s goals, the elaboration process of the Eletrobras System Sole Ethics and Business Conduct Code was started. The new code will replace the current ethics and conduct codes of the companies and will become the main reference for the system, containing a declaration of ethical values and conduct commitments for all the companies of the System. The elaboration process of this document is being coordinated by the holding company’s Ethics Committee.

 

The consolidation of the Sole Code, in addition to granting ethical unity to the corporate decisions, aims to eliminate the gaps raised for meeting the requirements of the sustainability indexes contained in the ISE Bovespa and the DJSI of the New York Stock Exchange.

 

In late 2009, the Business Performance Goals Agreement (CMDE) was established between Eletrobras and its subsidiaries. This management instrument emerged in the scope of the new rules of the Eletrobras System Corporate Administration. The CMDE aims to establish management results and goals between Eletrobras and each one of its companies. The CMDE’s management process has a group of activities and procedures involving the holding company and its companies, so as to allow for the adequate coordination and evaluation of its activities. Therefore, with the help of a group of economic-financial, technical-operating and socioenvironmental indicators, an improvement in the financial, operating and strategic efficiency of the companies is to be achieved.

 

Working for improvement in the corporate management, Eletrobras has many committees in order to deal with specific subjects, among them, we can highlight:

 

Eletrobras System Investments Committee (Cise) - its purpose is to elaborate reports on the investment opportunities and priorities of the companies of the Eletrobras System that are related to concessions or authorizations from the electricity public utility.

 

Technological Research and Development Corporate Integration Committee (Cicop) - it coordinates and incentivates research and development as well as technological innovation (R&D+I) in the Eletrobras System, optimizing the investment of resources. The Cicop looks for improvement of the processes and the synergy of actions in the R&D+I management of the Eletrobras System. Among its main attributions, is the definition of performing strategies in the field, the stimulus for the development of an innovation culture, the incentive for the obtention of patents and the protection of intellectual property.

 

Eletrobras System Information, Telecommunication and Automation Technology Committee (Cotise) - it has as its main attributions, the formulation of the Eletrobras System Information, Telecommunication and Automation Technology Integrated Policy, the coordination of the establishment of processes, controls, models, standards and tools required for this policy to be implemented, in addition to overseeing its fulfillment.

 

8


Eletrobras

 

 

 

Supply Logistics Strategic Committee (Celse) - It is responsible for the Eletrobras System Supply Logistics Policy. It promotes the increase in efficiency and the competitiveness of the companies of the System, strengthens the purchasing power and reduces the costs of acquisition and administration of assets and services. Its attributions aim at the global supply planning, with adjustments to the best practices; negotiation between companies for a balance of offer and demand of assets and services; data and management experiences interchange; encouragement for the technological capacitation and development of companies and qualification of supply logistics professionals; and stimulus to the engagement of suppliers for corporate citizenship actions and socioenvironmental responsibility.

 

6 - CORPORATE ADMINISTRATION

 

Ethics, transparency, equity, rendering of accounts and business responsibility are the guiding principles of the corporate administration model adopted by Eletrobras. These principles reflect not only the concern about meeting the sustainability requirements necessary to the performance of the company, but also the constant search for the best practices in the relationship with the public of interest.

 

The implementing of the best practices of corporate administration at Eletrobras represents a continuous challenge of reinforcing credibility with our shareholders and investors, showing the reliability of the internal controls, the transparency of the management and the attention to the interests of the interested parties.

 

The corporate governance is comprised of a formally constituted management structure, with regular activity: The Shareholders General Assembly (AG), the Board of Directors, the Audit Committee and the Board of Executive Officers.

 

Eletrobras’ Admnistrative Council (CAE) is made-up of ten members, namely: seven indicated by the Ministry of Mines and Energy - MME, one indicated by the Ministry of Planning, Budget and Management - MPOG, one by minority shareholders and another member elected by separate voting, at the General Assembly, the controlling shareholder being excluded. Its meetings are held monthly, decisions being by majority of votes, whereas the Statutes may establish subjects that must be approved by a qualified quorum. In 2009, 18 meetings of the Board of Directors took place.

 

It is the CAE’s responsibility to establish fundamental administration guidelines, for examination and deliberation by the Board of Directors, as well as the upper control of Eletrobras, through the fulfillment of the guidelines it established, following the execution of the approved programs and verifying the obtained results.

 

The Audit Committee is composed of five members and their respective proxies, elected by the Ordinary General Meeting, three of them being indicated by the Majoritary Shareholder, among them, one indicated by the Minister of Finance, who represents the National Treasure, one by the holders of minoritary common shares and another one indicated by the holders of preferred shares. Its meetings are monthly and, whenever necessary, meetings with the CAE are held. In 2009, 12 meetings of the Audit Committee took place.

 

The Audit Committee is responsible for, among other duties, by any of its members, inspecting the actions taken by the Company’s administrators and verifying the fulfillment of its legal and statutory duties.

 

Meeting the Audit Committee's functional legal requirements recommended by the Securities and Exchange Commission - SEC, in substitution to the creation of another Audit Committee, the Eletrobras’ Audit Committee’s Internal Regime was altered on June 23, 2006, incorporating the function of a specialized financial counselor, becoming an enhanced Audit Committee.

 

9


Eletrobras

 

The Board of Executive Officers is composed of six Directors: Presidency, Executive Office, Distribution Management, Engineering Management, Financial and Investor-Relationship Management and Technology Management. Its meetings are weekly, where the conduct of Eletrobras’ and the System’s businesses is discussed, based on strategic advice from the Administrative Council.

 

With the purpose of establishing the relevant disclosure practices and the use of relevant information, as well as the trading of security notes issued by Eletrobras, based on the instructions of the Brazilian Securities Commission (CVM) No. 358, of January 3rd, 2002, the Company discloses on its website the ‘Relevant Information Disclosure and Use Manual’ and the ‘Trading Policy of Security Notes Issued by the Brazilian Electric Centers S.A. - Eletrobras’.

 

Based on the Eletrobras System Transformation Plan guidelines - one of whose actions is the ‘Implementation of Corporate Governance Best Practices’, the structure for the Corporate Governance Department, subordinated to the Presidency General Coordination Superintendence, was changed. The new structure supports the implementing of corporate administration best practices, creating an efficient set of mechanisms, incentives and monitoring, having participated in actions that resulted in the approval of changes in Eletrobras’ and its subsidiaries’ Social Statute, as well as in the company’s Board of Executive Officers’ Internal Rules.

 

Also based on the Eletrobras System Transformation Plan Standard guidelines, the ‘Implementing of Corporate Governance Best Practices’ project has established ‘Standard Criteria for Acting Counselors’ and elaborated the ‘Eletrobras Representing Administration and Fiscal Counselors Advice Manuals’, acknowledging the necessity for good performance of the counselors in the mission of protecting and valorizing the return on investment, overseeing the relationship between the executive officers and the other interested parties.

 

In the scope of the Board of Executive Officers, there is the Sustainability Committee, which has as one of its main attributions following the Eletrobras System sustainability actions; analyzing, implementing and following and assessing the results from sustainable management tools, internationally recognized; the production of sustainability reports and the immediate meeting of the Global Pact requirements.

 

7 -  OUR BUSINESS:

10


Eletrobras

 

 

 

7.1 -  Generation, transmission and distribution.

Generation:

 

 

 

Eletrobras System:

Situation on 12/31/2009

Hydraulic*

Thermal

Nuclear

Total*

MW

Plants

MW

Plants

MW

Plants

MW

Plants

CGTEE

---

---

490

3

---

---

490

3

Chesf

10,268

14

347

1

---

---

10,615

15

Eletronorte

8,689

4

563

7

---

---

9,252

11

Eletronuclear

---

---

---

---

2,007

2

2,007

2

Furnas

8,673

10

980

2

---

---

9,653

12

TOTAL

27,630

28

2,380

13

2,007

2

32,017

43

*50% of Itaipu (7.000 MW) not to be considered

Installed Capacity - Position on 12/31/2009(MW)

Companies

HEP

TPS

TNP

(EOL+SOL)

Total

%

Eletrobras System

27,630

2,380

2,007

---

32,017

30

Itaipu (50%)

7,000

---

---

---

7,000

7

Others*

43,730

21,723

---

602

66,055

63

Brazil

78,360

24,103

2,007

602

105,072

100

* Installed capacity up to 12/31/2009, minus the participation of the Eletrobras System.

 

Transmission:

 

11


Eletrobras

 

 

 

Eletrobras System - Transmission Lines with voltage above 230 Kv

Companies

Position on 12/31/2009

Extension (Km)*

Chesf

18,130 

Eletronorte

9,216 

Furnas

16,979 

Eletrosul

8,459 

Amazonas Energia

365 

TOTAL

53,148 

* Extension of lines considering the partnerships.

 

Distribution:

Electricity Supply from the Distributors - GWh

 

2008

2009

Growth (%)

Participation (%)

Brazil

392.764

388.204

1,2

100

Ceal

2,246

2,285 

1.7 

0.6 

Cepisa

1,831

1,897 

3.6 

0.5 

Ceron

1,743

1,907 

9.4 

0.5 

Eletroacre

581

623 

7.2 

0.2 

Amazonas Energia/Interior

4,353

4,274

-1.8 

1.1 

Boa Vista Energia

403

 440

9.2 

0.1 

Total

11,157

11,426 

2.4 

2.9 

 

7.2 -  Holdings

 

Eletrobras’ holding is present in the segments of energy generation, transmission and distribution as follows: 11 subsidiaries and 31 associated companies with minoritary shareholdings, including Specific Purpose Enterprises (SPE). Moreover, Eletrobras participates with 50% of Itaipu Binacional’s capital and 81.61% of Eletropar’s, in addition to maintaining the Electric Energy Research Center - Cepel.

 

Besides the shareholdings, Eletrobras also has government bonds resulting from the privatization process of the Brazilian Electric Energy Sector in the 90’s, the CFT-E1 (Treasure Financial Certificates) being the most representative, registering a market value of R$204.9 million.

 

The market value of Eletrobras’ holding in the companies whose shares are negotiated on the Stock Exchange was over R$ 6,8 billion and its variation showed adherence, especially with the Electric Energy Index (IEE).

 

Compared to December 2008, there was a portfolio valuation of 24.51%, whereas the Ibovespa, during the same time period, had a valuation of 82.66%, This higher valuation of Ibovespa is due to the fact that it decreased a lot more than Eletrobras’ portfolio at the beginning of the crisis in the middle of 2008. Consequently, the percentage recovery was higher.

 

Eletrobras’ portfolio, for having its papers focused on companies with fixed or regulated income, presents lower volatility compared to the market, thus being characterized as a conservative portfolio.

 

12


Eletrobras

 

 

 

Holdings in 2009

 

 

In 2009, the remuneration of these participations, in the form of dividends, amounted to more than R$ 1,5 billion, signifying one of the Company’s major sources of ordinary resources, the biggest contribution coming from the subsidiaries.

 

Dividends received/JCP - R$ millions

Companies

2005

2006

2007

2008

2009

Subsidiaries

463

686

378

502

999

Associated*

95

189

464

426

410

Associated

0.1

45

46

63

75

Partnerships

31

38

169

227

131

*Associated companies with shares traded on BOVESPA

 

13


Eletrobras

 

 

 

7.3 - Social Structure per Business
Segment

Organograma

 

(1)  Boa Vista Energia: Eletronorte’s integral subsidiary

(2)  Cepel: Electric Energy Research Center

 

7.4 -  International Activities

 

Performance Strategy

 

With the enactment of Law No. 11,651 of April 8, 2008, which authorized Eletrobras to operate abroad, studies and research were carried out and, as a result, the strategy to be adopted by the Eletrobras System in its internationalization process was consolidated, with the following main guidelines:

 

Eletrobras’ international expansion will have as a target - primerly - the business where it has already developed recognized competence: hydroelectric generation and transmission.

 

The investments will be developed through a combination of new projects and acquisitions/participations as a way of reducing risks.

 

The target market will be South, Central and North America, examining, one case at a time, other attractive possibilities that may be identified in other markets.

 

14


Eletrobras

 

 

 

Operating Process:

Having defined the strategy, the evaluation of the prospective projects was divided into three sequential stages:

 

Preliminary Analysis: Initial evaluation of the project, taking into account the defined strategy and the institutional analysis (political stability, regulatory model, economic situation, financing possibility, etc.) of the country where the project is located.

 

Pre-feasibility: General evaluation of the project concerning the technical, legal, regulatory, market and financial aspects. On average, the conception of pre-feasibility studies represents small investment and time involved.

 

Feasibility: Detailed studies regarding Engineering (hydrography, topography, geology, energy, electric and mechanical infrastructure, logistics, etc.), Environmental and Financial Impact, culminating in the execution of the Business Structuring through its Business Plan, which contains risk mitigation, financing sources, project profitability, etc..

 

Status of the ongoing international undertakings:

Undertakings identified in 2009 being evaluated.

 

  

 

15


Eletrobras

 

 

 

8 -  INVESTMENTS

 

The ES companies made investments of R$ 5,2 billion in 2009. This represented 75%, compared to the yearly forecast of R$ 6,9 billion, representing an increase of 33.8% compared to 2008.

 

The investments made in 2009 covers the segments of generation 80%, transmission 79,5% and distribution 56,4%. When compared to 2008, the following variations can be seen: 29,8% for generation, 47,5% for transmission and 34.9% for distribution.

 

With prominence, in 2009, the projects for: Generation: Eletronuclear - Substitution of a series of Steam Generators in the Angra I Plant - Implementing the HEPs Simplício and Batalha; CGTEE - Implementing the plant Candiota III-RS phase C; Transmission: Eletrosul - Broadening of the Electricity Transmission System in the Southern Region and in Mato Grosso do Sul; Chesf - Reinforcements and improvements in the Electricity Transmission System in the Northeastern Region; Eletronorte - Reinforcements and improvements in the Electricity Transmission System in the Northern Region and Distribution: Ceal and Eletroacre - Luz para Todos (Light for Everyone) program.

 

Type of Investments - R$ millions

2009

2008

%

 Generation

2,621

2,019

29.8

 Transmission

1,755

1,190

47.5

 Distribution

518

384

34.9

 Environmental Quality

42

30

40.0

 Research

18

28

-35.7

 Infrastructure

237

227

4.4

 Total

5,191

3,878

33.8

 

8.1 - Ordinary Resources

The Ordinary Resources, in the form of loans and financing applied, in 2009, in the subsidiary and distribution companies, totaled R$ 7,7 billion, as follows:

 

Investments

Release of funds

Total

Economic

Financial

Loans/Financing:

R$ millions

R$ millions

R$ millions

Distributors:

 

 

 

Ceal

283

---

283

Cepisa

198

82

280

Ceron

397

---

397

Amazonas Energia

1,478

532

2,010

Eletroacre

18

15

33

Subsidiary

2,374

629

3,003

CGTEE

55

84

139

Chesf

2,724

8

2,732

Eletronorte

4,023

27

4,050

Eletronuclear

---

---

---

Eletrosul

140

195

335

Furnas

274

153

427

Itaipu

---

20

20

TOTAL

7,216

487

7,703

 

16


Eletrobras

 

 

 

9 -  GROWTH ACCELERATION PROGRAM (PAC)

The investments of the Eletrobras System included in the Growth Acceleration Program (PAC), initiated by the Federal Government, made, in 2009, amounted to R$ 3,007 million equivalent to 82.9% of the budget donation for the year. When compared to that made in 2008, an increase of 21.8% can be seen.

 

Of the amount approved for the PAC (R$3,629 million), 24% was destined to the Southern region, 39% to the Southeastern region, 20% to the Northeastern region and 17% to the Northern region. On the other hand, the budget made related to the yearly forecast, per region, was: 95.1% in the Southern region, 94.6% in the Northern region, 83.2% in the Southeastern region and 57.6% in the Northeastern region.

 

Of the total investments made in the year, 72% was for Generation projects, 20% for Transmission projects and 8% for Distribution projects.

 

The companies that stood out, presenting a realization rate above the System average (82.9%) were: Eletronorte (106%), Eletrosul (99.4%), CGTEE (90.9%) and Furnas (88.4%). On the other hand, the companies Eletronuclear (45.9%), Cepisa (46.7%), Ceron (34.5%) and Boa Vista (17.4%) had a realization rate below the yearly forecast.

 

Investments in the PAC - R$ millions

 

2009

2008

 

Forecast

Realized

Forecast

Realized

TOTAL

3,629

3,007

3,534

2,469

 

Investments in Generation:

 

1 - Being implemented:

 

Entity

HEP

State

MW

Forecast Operation

1ST Unit

Last Unit

Furnas and Others

Santo Antônio

RO

3,150

May/12

Nov/15

Eletrosul and Others

Jirau

RO

3,300

Jan/13

Oct/16

Furnas and Others

Foz do Chapecó

RS/SC

855

Aug/10

Feb/11

Eletrosul and Copel

Mauá

PR

370

Apr/11

Aug/11

Eletrosul

Passo São João

RS

77

Aug/10

Nov/10

Furnas and Others

Baguarí

MG

140

Sep/09

Mar/10

Furnas and Others

Retiro Baixo

MG

82

Jan/10

Feb/10

Furnas

Simplício

RJ

334

Dec/10

Apr/11

Eletronorte, Chesf and Others

Dardanelos

MT

261

Feb/10

Aug/10

Eletrosul

São Domingos

MS

48

Nov/11

Jan/12

Furnas

Batalha

GO

52

May/11

Jun/11

Furnas and Others

Serra do Facão

GO

213

Oct/10

Dec/10

 

17


Eletrobras

 

 

 

 

Undertaker

HEP

State

MW

Forecast Operation

1ST Unit.

Last Unit.

Eletrosul

Barra do Rio Chapéu

SC

15

Aug/10

Sep/10

Undertaker

TNP

State

MW

Forecast Operation

Eletronuclear

Angra 3

RJ

1.350

May/15

Undertaker

TPS

State

MW

Forecast Operation

CGTEE

Candiota 3

RS

350

Jun/10

2 - In inventory studies:

Entity

HEP

State

MW

Eletronorte, Engevix, OAS

Bacia do Rio Itacaiúnas

PA

200

 

3 - In feasibility studies:

 

Entity

HEU

State

MW

Eletrobras

Belo Monte

PA

11,233

Eletronorte and CCCC

Marabá

PA

2,160

Eletronorte, Queiroz Galvão and Furnas

Tabajara

RO

350

Eletronorte e CCCC

Serra Quebrada

MA/TO

1,328

Eletronorte, EDF, Eletrobras and CCCC

São L. do Tapajós

PA

6,133

Chesf, Queiroz Galvão, CNEC and Energimp

Castelhano

PI/MA

64

Chesf, Queiroz Galvão, CNEC and Energimp

Estreito

PI/MA

56

Undertaking

HEU

State

MW

Chesf, Queiroz Galvão, CNEC and Energimp

Uruçuí

PI/MA

134

Chesf, Queiroz Galvão, CNEC and Energimp

Ribeiro Gonçalves

PI/MA

113

Chesf, Desenvix/Engevix and Odebrecht

Pedra Branca

PE/BA

320

Chesf, Desenvix/Engevix and Odebrecht

Riacho Seco

PE/BA

276

Eletronorte, Furnas, Alupar and Dreen Brasil

Toricoejo

MT

76

Furnas, PCE, Energética-Tech and Rialma

Mirador

GO

80

Furnas, ELN, Enercamp, PCE, Ener-Tech, Alston and A.Gutierrez

Água Limpa

MT

380

 

18


Eletrobras

 

 

 

Investments in Transmission Lines and Substations:

1 - Concluded Transmission Lines:

TRANSMISSION LINES

Undertaking

Voltage (kV)

Company/Partnership

Extension (KM)

 Joinville - Curitiba C2 - Secc.

230

Eletrosul

1

 Blumenau - Joinville Norte

230

Eletrosul

12

 Milagres - Coremas II - C2

230

Chesf

120

 Campos Novos - Nova Santa Rita

525

Eletrosul

273

 Juba - Jauru e SE associada (CD)

230

Brasnorte S.A.*

129

 Brasnorte - Nova Mutum e SE Associada (CD)

230

Brasnorte S.A.*

273

*Eletronorte 45%

2 - Transmission Lines being built:

Undertaking

Voltage (kV)

Undertaker

Extension (km)

Forecast Op

São Luis II - São Luis III

230

Eletronorte

36

May/10

Presidente Médice - Santa Cruz I

230

Eletrosul

238

Jan/10

Macaé - Campos

345

Furnas

92

Feb/10

Ribeiro Gonçalves - Balsas

230

Eletronorte

95

Jul/10

Picos - Tauá

230

Chesf

183

Sep/10

Paraíso - Açu

230

Chesf

135

Mar/10

Jardim - Penedo

230

Chesf

110

Dec/10

Ibicoara - Brumado

230

Chesf

95

May/10

Funil - Itapebi

230

Chesf

198

Dec/10

Furnas - Pimenta

230

Centroeste*

63

Jan/10

* Furnas - participation of 49%

 

10 - the eletrobras system Electricity market

10.1 - Generation Expansion

The national installed potential reached, on December 31, 2009, the mark of 106,301 MW, while the Eletrobras System (ES) reached the amount of 40,245 MW installed, representing 37.9% of Brazil’s percent participation.

 

The ES will hold, until 2015, the concession/authorization for the construction of new undertakings, obtained via authorizations/bidding/auctions, of 2,264 MW, with direct participation, and 8,362 MW, in partnership with private entities through the Specific Purpose Enterprises (SPEs).

 

In the tables below, the anticipated plants that have direct investments (100%) from the ES and in partnership with private companies, through the SPEs, are respectively presented, with concession/authorization.

 

19


Eletrobras

 

 

 

 

PLANTS ANTICIPATED TO START OPERATIONS

COMPANY

HEP

MW

Commercial Op

Classification

Eletrosul

Passo São João 

77

Unknown

Auction 2005

Barra do Rio Chapéu

15

Aug/10

Authorization

Itararé

9

Unknown

Authorization

João Borges

19

Unknown

Authorization

Pinheiro

10

Unknown

Authorization

São Domingos

48

Nov/11

Concession

Furnas

Simplício

334

Dec/10

Auction 2005

Batalha

53

May/11

Auction 2005

 

TPS

MW

Commercial Op

Classification

CGTEE

Presidente Médici (Candiota III)

350

Nov/10

Concession

 

TNP

MW

Commercial Op

Classification

Eletronuclear

Angra III

1.350

May/15

Concession

 

MAIN PARTICIPATIONS IN SPEs

COMPANY

HEP

Participation (%)

MW

Commercial Op

Classification

Chesf/Eletronorte

Dardanelos

24.5

261

Feb/10

Auction 2006

Chesf/Eletrosul

Jirau

20

3,300

Jan/13

Auction 2008

Eletrosul

Mauá

49

361

Apr/11

Auction 2006

Furnas

Peixe Angical

40

452

In operation

---

Baguari

15

140

Sep/09*

Auction 2005

Retiro Baixo

49

82

Mar/10

Auction 2005

Foz do Chapecó

40

855

Aug/10

Concession

Serra do Facão

49

213

Oct/10

Concession

Santo Antônio

39

3,150

May/12

Auction 2007

*In 2009, 2 units out of 4 started commercial operations.

 

10.2 - Transmission Expansion

 

The companies of the Eletrobras System participated in the PDE 2009/2018 transmission expansion planning activities, through the Regional Transmission Studies Groups (GET) supporting the EPE, responsible for the regional transmission planning. Moreover, there was the participation of the System in studies of regional interconnections and plant integrations.

 

In this cycle of the PDE, it is worth emphasizing the study about the Belo Monte hydroelectric complex integration, which has the effective participation of the companies of the Eletrobras System in the conception of transmission alternatives that enable taking the energy from Belo Monte to the Northern, Northeastern and Southeastern regions.

 

20


Eletrobras

 

 

 

In 2009, the elaboration of the Basic Project of the transmission system that interconnects the Rio Madeira, Santo Antônio and Jirau plants to the National Interconnected System, with approximately 2,500 km of extension, was also started.

 

SUBSTATIONS (>230 kV)

Undertaking

Voltage (kV)

Company

Power (MVA)

SE Joinville Norte (*)

230

Eletrosul

300

SE Nova Mutum

230/69/13,8

Eletronorte

30

SE Coxipó - 4º Banco Trafo

230/138/13,8

Eletronorte

100

SE Sinop

230/138

Eletronorte

100

SE Ariquemes - Substituting Trafo

230/69

Eletronorte

60

SE Nobres

230/138/13,8

Eletronorte

200

SE Porto Velho I

230

Eletronorte

100

SE Campinas

345/138

Furnas

150

SE Brasília Geral

230/34,5

Furnas

60

SE Pici

230/69

Chesf

100

SE Icó

230/69

Chesf

100

SE Angelim

230/69

Chesf

100

SE Jardim

230/69

Chesf

100

SE Piripiri

230/69

Chesf

50

SE Tacaimbó

230/69

Chesf

100

SE Pau Ferro

230/69

Chesf

100

 

TRANSMISSION LINES

Undertaking

Voltage (kV)

Company

Extension (KM)

LT L. C. Barreto - M. Moraes Secc.

345 

Furnas

LT C. Grande II - Natal II - Secc.

230

Chesf

3

LT Caxias - Caxias V

230

Eletrosul

25

LT Camaçari - Jacaracanga - Recap. (CD)

230

Chesf

23,5

 

10.3 - Auction of Transmission Lines

 

During 2009, the companies of the Eletrobras System (ES) in two transmission auctions, promoted by Aneel, attracting both national and international investors. The success the ES obtained at the auctions demonstrates the strength and the competence of the companies, purchasing 13 out of 20 auctioned allotments, comprising a total of 2,939 km of Transmission Lines, representing around 83.11% of the total number offered (3,536 km). Putting these undertakings into operation will yield the ES a yearly income of around R$ 224 million.

 

Presented below is the detailed information regarding the auctions:

 

21


Eletrobras

 

 

 

Auction 001-2009

 

Held on May 8, 2009, seven out of twelve auctioned allotments having been purchased by the companies of the Eletrobras System.

 

The Porto Velho - Jauru Consortium, composed of Eletronorte, in partnership with private entities, purchased Allotment C - LT 230 kV Samuel - Porto Velho - C3 with 42 km, LT 230 kV Ariquemes - Samuel - C3 with 154 km, LT 230 kV Ji  Paraná - Ariquemes - C3 with 165 km, LT 230 kV Pimenta Bueno - Ji Paraná - C3 with 119 km, LT 230 kV Vilhena - Pimenta Bueno - C3 with 161 km, LT 230 kV Jauru - Vilhena - C3 with 346 km, with an Allowed Yearly Income - RAP of R$ 42,7 million. Eletronorte’s participation in the winning consortium was 49%;

 

The Porto Velho - Rio Branco Consortium, composed of Eletronorte, in partnership with private entities, purchased Allotment D - LT 230 kV Porto Velho - Abunã - C2 with 188 km and LT 230 kV Abunã - Rio Branco with 299 km, with an Allowed Yearly Income - RAP of 24,4 million. Eletronorte’s participation in the winning consortium was 49%;

 

The Jauru - Cuiabá Consortium, composed of Eletronorte, in partnership with private entities, purchased Allotment E - LT 500 kV Jauru - Cuiabá with 348 km, SE Jauru in 500/230 kV - 750 MVA, with an Allowed Yearly Income - RAP of R$ 27,5 million;

 

Chesf, individually, purchased Allotment F - LT 230 kV Pau Ferro - Santa Rita II with 97 km, LT 230 kV Paulo Afonso III - Zebu with 6 km, SE Santa Rita II in 230/69 kV with 300 MVA, SE Zebu in 230/69 kV with 200 MVA, SE Natal III in 230/69 kV with 300 MVA, with an Allowed Yearly Income - RAP of R$ 15,9 million;

 

The Transenergia Consortium, composed of Furnas, in partnership with private entities, purchased Allotment G - SE Itatiba in 500/138 kV with 800 MVA, with an Allowed Yearly Income - RAP of R$ 8,2 million. Furnas’ participation in the winning consortium was 49%;

 

The Transenergia Consortium, composed of Furnas, in partnership with private entities, purchased Allotment K - LT 230 kV Serra da Mesa - Niquelândia with 100 km, LT 230 kV Niquelândia - Barro Alto with 88 km, with an Allowed Yearly Income - RAP of R$7.6 million. Furnas’ participation in the winning consortium was 49%;

 

Chesf, individually, purchased Allotment L - LT 230 kV Eunapólis - Teixeira de Freitas II - C2 with 152 km, with an Allowed Yearly Income - RAP of R$ 4,9 million.

 

Auction 005-2009

 

Held on November 27th, 2009, six out of eight auctioned allotments having been purchased by the companies of the Eletrobras System.

 

The Goiás Transmissão Consortium, composed of Furnas, in partnership with private entities, purchased Allotment A - LT 500 kV Rio Verde Norte - Trindade with 193 km, LT 230 kV Trindade - Xavantes with 37 km, LT Trindade - Carajás with 29 km, SE Trindade in 500/230 kV with 400 MVA, with an Allowed Yearly Income - RAP of R$ 33,7 million. Furnas’ participation in the winning consortium was 49%;

 

The Nordeste Consortium, composed of Chesf, in partnership with private entities, purchased Allotment C - LT 230 kV São Luis II - São Luis III with 36 km, SE Aquiraz II with 230/69 kV with 450 MVA, SE Pecém II in 500/230 kV with 3600 MVA. with an Allowed Yearly Income - RAP of R$ 20,5 million. Chesf’s participation in the winning consortium was 49%;

 

Furnas, individually, purchased Allotment E - LT 230 kV Mascarenhas - Linhares with 99 km, SE Linhares in 230/138 kV with 150 MVA, with an Allowed Yearly Income - RAP of R$ 5,3 million.

 

22


Eletrobras

 

 

 

Chesf, individually, purchased Allotment F - SE Camaçari IV in 500/230 kV with 2400 MVA, with an Allowed Yearly Income - RAP of R$ 6,9 million.

 

The MGE Transmissão Consortium, composed of Furnas, in partnership with private entities, purchased Allotment G - LT 500 kV Mesquita - Viana II with 240 km, LT 345 kV Viana II - Viana with 10 km, SE Viana II in 500/345 kV with 900 MVA, with an Allowed Yearly Income - RAP of R$ 23 million. Furnas’ participation in the winning consortium was 49%;

 

A Eletronorte, individually, purchased Allotment H - LT 230 kV Jorge Teixeira - Lechuga with 30 km, with an Allowed Yearly Income - RAP of R$ 3,4 million.

 

10.4 - Bordering Interconnections

The Eletrobras System operates four interconnections with bordering countries:

Interconnection with Paraguay - composed of four transmission lines that interconnect the Itaipu Binacional hydroelectric plant to the Right Bank substation, in Paraguay, and the Foz do Iguaçu substation, in Brazil.

 

Interconnection with Uruguay - formed by the Rivera frequency converting station (Uruguay) with a capacity of 70 MW and a 230 KV transmission line that interconnects the converting station with the Livramento substation, in Brazil.

 

Interconnection with Argentina  - it is made through the Uruguaiana frequency converting station, located in Brazil, with a capacity of 50 MW and the Paso de los Libres line, in Argentina.

 

Interconnection with Venezuela - it is made through a 230 KV transmission line, with a capacity of 200 MW, that interconnects the city of Boa Vista, in the state of Roraima (Brazil), with the city of Santa Elena, in Venezuela.

 

10.5 - Electricity Trading

Companies

2008

2009

MWh

R$ millions

MWh

R$ millions

CGTEE

2,127,335

195

2,136,371 

212 

Eletronorte

53,130,5667

4,623

53,620,173 

3,416 

Chesf

50,692,555

4,423

55,150,430 

3,710 

Furnas

42,212,472

2,645

43,316,368 

2,858 

*Eletronuclear

12,851,578

1,570

11,876,917 

1,677 

Total

161,014,507

13,456

166,100,259 

11,873 

* All the energy produced by Eletronuclear is acquired by Furnas.

 

ITAIPU HEP

 

Law No. 10,438, of April 26th, 2002, determined that Eletrobras be the Commercial Agent of Itaipu’s energy. In this condition, the company, in 2009, repassed to the concessionaires of the Southern, Southeastern and Midwestern regions 67,438,224 MWh of energy linked to the power contracted, which corresponded to a billing of approximately US$3.5 billion. The energy supplied beyond the one linked to the contracted power and acquired by Eletrobras was 12,688,593 MWh, corresponding to a billing from the Electricity Trading Chamber of R$326 million until November.

 

23


Eletrobras

 

 

 

11 - ECONOMIC AND FINANCIAL PERFORMANCE

 

The profit was R$ 170 million, equivalent to R$ 0,15 per share. In the same fiscal year of 2008, the company recorded a profit of R$ 6,136 million, equivalent to R$ 5,42 per share.

 

The acknowledgement of the results from the companies invested in by Eletrobras positively impacted the result by R$ 2,728 million through the equity in investees adjustment, influenced by the reversal of provisions for a decrease of the asset impairment, of R$ 673 million resulting from the renewal of the Samuel HEP’s and the Candiota TPS’s concession and under the effects of Law No. 12,111/2009, which enabled the acknowledgement of R$ 311 million in reimbursement rights of CCC-Isol.

 

The net financial income, fundamentally resulting from the financing and loans granted, generated a profit of R$ 3,075 million, representing an increase of 23% in the level of this kind of income. This increase results from the fact that Eletrobras has raised the volume of loans and financing granted.

 

The devaluation of the real compared to the American Dollar and the fact that Eletrobras withholds a relevant share of its receivables (net value from obligations) - R$ 23,615 million (US$ 13,563 million), which, indexed mainly to the North American Currency, created a scenario of loss for the Company during the fiscal year ended on December 31, 2009. In the 12 months of 2009, Eletrobras registered an exchange loss of R$ 4,618 million, against a profit of R$ 4,297 million in the fiscal year of 2008. As far as the currency variations resulting from the internal levels of prices, during the fiscal year of 2009, are concerned, the Company confirmed a profit of R$ 175 million, whereas in 2008, a profit of R$ 998 million was obtained.

 

11.1 - Net Profit of the Subsidiaries

 

Companies

2009/R$ millions

2008/R$ millions

CGTEE

-21 

-292

Chesf

764 

1,437

Eletronorte

304 

-2,425

Eletronuclear

55 

-282

Eletrosul

205 

268

Furnas

-129 

455

Itaipu

670 

836

Eletropar

11 

11

 

11.2 - CONSOLIDATED EBITDA

 

R$ millions

24


Eletrobras

 

 

 

11.3 - Capital Structure and Consolidated Indebtedness

 

 

 
 
 

 

Financing Flow - R$ millions

 

2011

2012

2013

2014

2015

After 2015

Indebtedness

1,351

1,271

1,179

1,068

987

19,322

 

Financing and Loans Granted:

 

Subsidiaries and Itaipu:

Balance on 12/31/2009 (R$ millions)

Balance on 12/31/2008 (R$ millions)

CGTEE

782

574

Chesf

254

2,988

Eletronorte

3,439

7,343

Eletronuclear

3,313

2,836

Eletrosul

670

514

Furnas

1,336

1,092

Itaipu

12,970

18,356

 

25


Eletrobras

 

 

 

11.4 - Primary Result

Eletrobras, when calculating the Primary Result goal for 2009, considered the income coming from receiving the debt from Itaipu Binacional. From this fiscal year on, Itaipu’s income, amounting to R$1,695 million, was removed from the composition of the goal.

 

The Primary Result from 2009 is explained, partially, by the payments of dividends of Eletrobras in May, R$1,744 million and, partially, by the above mentioned exclusion.

 

Period

Result

R$ millions

2009

Deficit

-1,007

2008

Superavit

2,572

2007

Superavit

2,783

2006

Superavit

2,137

2005

Superavit

2,865

 

12 - INDEPENDENT AUDITORS

 

Companies

Independent Accountants

CGTEE

PricewaterhouseCoopers

Chesf

PricewaterhouseCoopers

Eletronorte

PricewaterhouseCoopers

Eletronuclear

PricewaterhouseCoopers

Eletropar

PricewaterhouseCoopers

Eletrosul

PricewaterhouseCoopers

Furnas

PricewaterhouseCoopers

Itaipu

BDO Trevisan

 

13 - FUNDRAISING

2009 registered a great demand for papers from investment grade issuers, as is the case of Eletrobras. In this sense, many Brazilian companies enjoyed the opening for Brazilian companies and issued notes in the international market.

 

In this regard, Eletrobras concluded, on July 30, 2009, the bonus launching operation in the international market, amounting to US$1 billion. As a positive aspect of the operation, we highlight Eletrobras’ return to the international debt market, from which the Company had remained absent since 2005, when it issued a bonus of US$300 million.

 

The bonds were issued with a 10-year term, expiring on July 30, 2019, with a total redemption of funds on the expiration date and biannual interest coupons at the rate of 6.875% per annum (p.a.), enabling a yield of 7%a.a. for the investors who purchased the aforementioned bonuses on the date of release. The issuance price was 99.112% of the face value.

 

The release operation of these bonds, structured by the Credit Suisse Securities Bank (USA), was well received in the international market, purchasing orders having been presented for an amount of over US$ 2 billion.

 

After carrying out a road-show in Europe and the USA, the geographic participation had the following contributions: 58% of the offers originated from the USA, 26% from Europe, 8% from Asia, 7% from Latin America and 1% from the Middle East.

 

26


Eletrobras

 

 

 

The resources obtained through this operation aimed at creating a financing fund for the subsidiaries, so as to ensure the realization of the Eletrobras System investments program.

 

Additionally, aiming at putting other agreements into effect, negotiations with multilateral organisations were carried out, as follows:

 

World Bank - negotiation for the contracting of a US$ 500 million loan, with the surety of the Federal Government, to be repassed to the Distribution Companies: Ceal, Cepisa, Eletroacre, Ceron, Boa Vista Energia and Amazonas Energia;

 

KfW - negotiations with the German bank KfW are being carried out for obtaining a € 37.2 million financing for Eletrobras, made up of two tranches: (i) of € 13.3 million and (ii) € 23.9 million. The objective of the above mentioned financing is to enable the Small Hydroelectric Centers Construction Program/Eletrobras, whose execution is Eletrosul’s responsibility;

 

AFD - negotiation for obtaining a € 100 million, or the equivalent in US$, loan from the Agence Française de Développement (AFD) with a term of 15 years, with a 5 years grace period. The loan is  to finance projects from the subsidiaries of the Eletrobras System in the field of renewable energy, such as: small hydroelectric centers (SHCs), wind and biomass power plants.

 

The companies of the Eletrobras System were successful in many auctions promoted by Aneel in 2009 and, therefore, will be responsible for the execution of projects in the fields of generation and transmission, individually or in partnership with specific purpose enterprises - SPEs, of which they are part.

 

So, in order to put together the financing structure for the aforementioned projects, the subsidiaries negotiated financing operations with the National Bank for Economic and Social Development - BNDES, guaranteed by Eletrobras. The Eletrobras guarantees were approved in the agreements made between the BNDES and the participating subsidiaries: - HEP Jirau, with the participation of Chesf and Eletrosul; HEP Mauá and HEP Passo de São João (Eletrosul) and HEP Santo Antônio (Furnas).

 

Eletrobras provided guarantees to the two operations carried out by Eletrosul for the acquisition of the transmitters SC Energia and RS Energia, in the financing agreements with the BNDES.

 

Additionally, the substitution of Eletronorte by Eletrobras was registered in the rights and obligations taken upon by Manaus Energia S.A. (currently denominated Amazonas Energia), in all the contractual agreements having Eletronorte as guarantor.

 

14 - CONSOLIDATED VALUE ADDED

Value Added distribution %

 

2008 - Reclassification

2009

Third Parties

-2.14

61.65 

Shareholders

43.79

1.93 

Personnel

27.40

34.19 

Government

30.96

2.24 

 

27


Eletrobras

 

 

 

15 - COMPULSORY LOAN

 

The Compulsory Loan, instituted with the purpose of expanding and improving the Brazilian Electric Energy Sector, was charged and collected from the industrial clients with a monthly consumption equal to or above 2,000 kWh, through electric energy invoices issued by energy distributing companies. The yearly amount of these contributions, as of 1977, started to constitute a recorded, nominal and nontransferable credit, always on January 1 of the following year, identified by the Compulsory Loan Contributor Identification Code (CICE).

 

Continuing the policy of assistance to the shareholders arising from the capitalization of the credits from the compulsory loan, in the fiscal year of 2009, Eletrobras implanted, in Banco Bradesco S.A’s book-entry system, the amount of 5,949,004 preference Class ‘B’ shares and sent them to the energy distributing concessionary companies so they could be repassed to the industrial clients, the amount of R$8.1 million, regarding the compulsory loan indexation interest.

 

 

16 - CAPITAL MARKET

 

16.1 - Shareholder Base

 

 

                          

 

 
 

 

 


28


Eletrobras

 

 

 

Total Participation in the Capital

 

 

16.2 - Analysis of Eletrobras’ Shares

 

Throughout 2009, the common shares presented a valuation of 40.36%. The highest quotation was recorded on December 11, R$ 40,64, whereas the lowest, R$ 23,25, was recorded on February 25.

 

The preference shares, on the other hand, increased 31.18%. On December 11, they had the highest negotiated value of the year, R$ 35,40, while, on November 3rd, they recorded their minimum value, R$ 22,01.

 

This valuation of assets increased the company’s market value 39%, going from R$ 28,929 million, in late 2008, to R$ 40,247 million, in 2009.

 

The volume negotiated throughout the year totaled 245,001,100 preference shares and 271,243,300 common shares, presenting a 100% presence index.

 

 

IBOVESPA, IEE, ELET 3 and ELET 6 in 2009

  

 

 

29


Eletrobras

 

 

16.3 - Market Value (R$ millions)

16.4 - Rating

Eletrobras’ debt papers risk rating is directly related to the risk rating obtained by the country, as the Federal Government is the majority shareholder. The overall rating, global, finished 2009 with a BBB+ level for business in the national currency and BBB- for foreign currency.

 

Eletrobras’ bonuses, expiring in 2015 and 2019, finished the year with a BBB- rating for business in foreign currency, according to the risk rating agency Standard & Poor’s. The bonus highest Yield to due in 2015, occurred on January 2, 7.56%, whereas the lowest, 4.45%, was verified on December 22. On the other hand, the bonus’s highest Yield to Maturity value, due in 2019, registered in the secondary market, occurred on August 3,6.50%, whereas the lowest, 5.55%, was verified on December 22.

 

16.5 - Relationship with Shareholders and Investors

In compliance with its policy of providing information to the market and the rules of BM&FBOVESPA’s Corporate Administration Level 1, the company holds, biannually, meetings at the regional APIMECs of the country: RJ, SP, MG, FD, South and Northeast. As a matter of fact, it received assiduity certificates at all the aforementioned venues. Furthermore, the area of Relationship with Investors, yearly, has been holding meetings in Europe and the USA (Roadshows) aiming to introduce the Company to the foreign investors, considering that Eletrobras has shares listed on the New York Stock Exchange (NYSE) and Madrid Stock Exchange (through the LATIBEX program).

 

16.6 - Shareholders’ Remuneration

 

 

 

16.7 - ADRs Program - New York Stock Exchange - (NYSE)

In 2009, the ADRs of Eletrobras’ common shares (EBR) registered a maximum quotation of         US$ 22,48 on December 10. The minimum value registered was US$ 9,21 on February 24. This share finished the year listed at US$ 21,09, obtaining a valuation of 88.47% compared to December 2008, when it finished the year listed at US$ 11,19.

 

The ADRs of Eletrobras’ preferred shares (EBR.B) presented their highest value on December 10, ending the year at US$ 19,72. The minimum value of these shares was registered on March 3, when the quotation reached US$ 8,75. This share finished the year listed at US$18,60, with a valuation of 75.64% compared to the end of December 2008, when it finished the year listed at US$ 10,59.

 

30


Eletrobras

 

 

 

Celebrating one year of negotiation of the Company’s shares on the New York Stock Exchange, Eletrobras’ President and Financial and Investors Relationship Director participated in the opening bell of the New York Stock Exchange’s bidding, followed by a meeting with analysts and investors of the North American capital market.

 

The chart below shows the percentage variations of the American dollar, EBR and EBR.B in 2009:

 

16.8 - Latibex  - Madrid Stock Exchange

The common shares of the Latibex (XELTO) program obtained, in 2009, a valuation of 84.23%, considering that in December 2009, it finished the year at € 14,72 and in December 2008, it finished the year at € 7.99. The highest quotation was registered on December 11, € 15.76, and the lowest on March 6, € 7.76. Compared to the last quarter of 2009, a valuation of 41% in the common shares was recorded.

 

The preferred shares of the Latibex (XELT) program finished 2009 listed at € 12.76. In December 2008, this share finished the year at € 7.49, which reflects a valuation of 70.36%. During this period, the highest quotation was registered on December 21, when it reached € 13.99, whereas the lowest was recorded on January 2, € 7.23. Compared to the last quarter of 2009, a valuation of 36.18% in the preferred shares was recorded.

 

31


Eletrobras

 

The chart below shows the percentage variations of the Euro, Xelto and Xeltb in 2009:

 

 

17 - ELECTRIC ENERGY RESEARCH CENTER - CEPEL

 

The Electric Energy Research Center - Cepel is the central organization that carries out R&D+I programs and projects for the Eletrobras System (ES). It was created in 1974, resulting from Eletrobras’ strategic vision, aiming at the formation of a research infrastructure for the development of advanced technology in electrical equipment and systems in the country.

 

The beneficiaries of the Center’s work transcend the System. Among them, are: the MME and sector entities such as EPE, ONS, CCEE and Aneel, in addition to concessionaires and manufacturers.

 

Cepel has a collection of computer methodologies and programs, being constantly improved and developed, that are applied to the generation, transmission and expansion plans, considering environmental aspects and the substitution of alternative sources, in the operation of interconnected hydrothermal systems and the basic grid, including real-time, being widely used in all of the electric sector.

 

It also develops studies and research that generate: technologies for transmission, enabling, for example, capacity increase, passbands decrease and improved layout for the installation of lines; equipment monitoring and diagnosis, aiming at the optimization of investments and security in the operation; energy saving and efficient use as well as metallurgy and materials. Besides this, it also gives technological support to important governmental programs and projects, such as "Luz para Todos, Proinfa, Procel" and "Reluz", also collaborating with the preparation of the Energy Expansion Plans.

 

Cepel has a complex of 30 laboratories, used to support the carrying out of research and development projects and, it is also where trials and expert/conformity for certification analyses are conducted. Many of these laboratories are pionners in Brazil and others have no equal in South America.

 

In 2009, Cepel developed 102 R&D corporate projects for the companies of the ES, namely: Generation and Transmission Expansion Plan (4)/ Environment (5); Stochastic Hydrology and Hydric Resources (4); Energy Operation Plan (5); Grid Planning, Operation and Analysis (8); Scada/Ems - Sage Technologies (6); Local Automation and Disorder Analysis (2); Transmission Technologies (11); Metallurgy and Materials (6); Equipment and Installations Monitoring and Diagnosis (15); Energy Saving and Efficient Use (16); Renewable Energies and Generation Distribution (5); Electric Measures and Fight Against Losses (4); Computer Techniques and Methodologies (3); Projects and Tariffs Financial Analysis (1); Reliability (2); Energy Quality (2); Electromagnetic Transients (1).

 

32


Eletrobras

 

 

To guarantee the financing of the Center’s research projects, Eletrobras, Chesf, Eletronorte, Eletrosul and Furnas provide, through yearly contributions, resources for the budget. The 2009 budget was R$120 million, of which R$18 million was invested in the laboratories.

 

18 - INDUSTRIAL AND TECHNOLOGICAL DEVELOPMENT PROGRAM - PDTI

 

18.1 - Research & Development (R&D):

Throughout 2009, some R$ 5,7 million was invested in R&D projects, this amount aldo included the continuation of projects arising from the "Rede Brasil de Tecnologia" (Brazilian Technology Network), started in 2007. The aforementioned ammount was allocated to the following projects: (i) wind power utilization in the State of Paraíba, (ii) production of biodiesel and vegetable diesel for generating electricity, (iii) continuity of the Brazilian Technology Network’s projects for developing products demanded by the companies of the Eletrobras System, (iv) implanting the Maranhão Federal University Electricity Institute - UFMA, which houses, in its facilities, the sectors of Renewable Energies, Energy Efficiency & Distributed Generation, Electricity Quality and Instrumentation and (iv) QUALIEQUIP Distribution Transformers Quality and Efficiency.

 

Also in 2009, the label that guarantees a minimum efficiency index for distribution transformers was officially launched at the ABINEEtec’s forum, with the presence of energy manufacturers and concessionaires.

 

18.2 - Supply Logistics

In the context of Supply Logistics, Eletrobras has been taking action for the definition of a Supply Logistics policy for its whole System. Some results were already obtained in 2009 with the development of this policy, among them, stand out: (i) the creation of a Supply Logistics Strategic Committee responsible for outlining the assumptions and objectives and carrying out the supply integration planning, (ii) release of the storage manual, which establishes standards and advice concerning the terminology, labeling, security, transport and other elements that must be taken into account before, during and after the acquisition of materials by the companies, (iii) implanting of the Edicts System, aiming at centralizing the publication of edicts from all the companies of the Eletrobras System, (iv) elaboration of the Operating Instruction for the Elaboration of Prices Register, (v) Eletrobras’ Simplified Bidding Procedure Regulation and (vi) unification of the Eletrobras System’s material assortment matrixes.

 

18.3 - Standards and Quality

The main activities in the field of standards and quality, in 2009, were the following:

 

In the scope of Eletrobras’ Supply Logistics Strategic Committee - CELSE, the creation of a labor force formed by 3 subgroups aiming, based on the NBR 19000 project, at the following: (i) adoption of quality criteria based on the standards of the NBR ISO 9000 family for the supplying of products and evaluation of suppliers’ technical performance, (ii) standardization of the Eletrobras Eletrobras’ companies’ inspection methodologies and (iii) implanting the ISO 9001 standard in the companies of  Eletrobras supply chain.

 

The upkeep of the NBR ISO 9001 Certification by the Standards and Quality Division, after the audit, was done by the certifier BRTÜV.

 

 

33


Eletrobras

 

 

 

19  -  SECTOR FUNDS MANAGEMENT

 

19.1 - Global Reversion Reserve - RGR

As manager of the resources arising from the RGR, according to the legislation in force, Eletrobras applied, in the fiscal year 2009, the amount of R$ 893 million. The financial activity regarding the inflows and investments of these resources, in 2009, is presented in the chart below:

 

Inflows and investments in 2009:

Financial Activity

In R$ millions

Inflows:

2,899

Collection of quotas

1,610

Others

1,289

Investments:

1,774

Financing

893

Others

881

Region

Released Financing - R$ millions

%

North

114

12.8

Northeast

262

29.3

Midwest

87

9.7

South

170

19

Southeast

260

29.2

TOTAL

893

100

 

Credit lines

Program

Release - R$ millions

%

Luz Para Todos

309

34.6

Reluz/Conservation

28

3.1

Generation

162

18.1

Transmission

357

40

Distribution

36

4

Revitalizing of Thermal Bases

0

0

Others

1

0.1

TOTAL

893

100

 

19.2 - Energy Development Account - CDE

 

The CDE, created by Law No. 10.438, of April 26, 2002, with the objective of promoting the energy development of the States and the competitiveness of the energy produced by wind power, small hydroelectric centers, biomass, natural gas and national mineral charcoal, in the areas assisted by the interconnected systems, and promoting the universalization of the electric energy service through all the national territory, will generate resources arising from: (i) yearly payments carried out for Use of Public Property - UPP; (ii) payments of fines applied by Aneel and (iii) payment of yearly quotas by all the agents who commercialize electric energy with the end consumer.

 

34


Eletrobras

 

 

 

In order to compensate the electric energy concessionaires for the decrease in income arising from assistance to Low Income Residential Subclass consumers, the economic subvention was created, initially with resources from the Global Reversion Reserve (RGR) and, later on, in 2004, from the Energy Development Account (CDE). In 2009, for this source of resources, R$ 3,012 million were released, being R$ 1,991 million for Low Income, assisting several electric energy distribution concessionaires, and R$ 1,021 million for the "Luz para Todos" program, according to the financial activity presented below:

 

Inflows and investments in 2009:

Financial Activity

In R$ millions

Inflows: CDE+UBP+ Aneel Fines:

3,892

Collection of quotas

2,917

Others

975

Investments:

3,766

Luz Para Todos Subvention

1,021

Low Income Subvention

1,991

Others

754

 

19.3 - Fuel Consumption Account - CCC - Isolated Systems

The Isolated Systems are located dispersedly, mainly in the States of the country’s Northern Region, as well as in the State of Mato Grosso and in Fernando de Noronha. They are present both in the capital cities of Manaus, Macapá and Boa Vista and in the countryside of the aforementioned States and are responsible for assisting an area that corresponds to 45% of the national territory and about 3% of the national energy market. Eletrobras, through its distribution companies, as well as its subsidiary Eletronorte, assists many isolated systems located in the Northern Region.

 

In early 2009, 250 Isolated Systems were operating in total, of which 116 were assisted by companies of the Eletrobras System. During the year, 16 new systems started operation and 8 were interconnected, totaling, by late 2009, 258 Isolated Systems in the country.

 

It is worth emphasizing two important factors in the scope of the Isolated Systems:

 

The interconnection of the Porto Velho - Rio Branco system to the National Interconnected System - SIN;

 

The enactment of Law No. 12.111, of December 9, 2009, which regulates the electric energy systems in the Isolated Systems.

 

The interconnection of the States of Rondônia and Acre to the NIS will bring improvements to the quality of the electric energy supply, more reliability to the system, as well as a decreased emission of pollutants to the atmosphere, due to substitution in the thermal generation.

 

The changes determined by Law No. 12,111/2009 will be essential for the recovery of the economic-financial balance of the distribution companies acting in the Isolated Systems, among them, several companies of the Eletrobras System.

 

Besides that, it is also worth emphasizing the implanting of the natural gas distribution grid to the thermal electric plants in Manaus, where Eletrobras, via a covenant entered into with Cigás (gas distributing company), Eletronorte and Amazonas Energia, promotes the change in the energy matrix by using natural gas to substitute petroleum-derived fuels.

 

35


Eletrobras

 

 

 

Still in the scope of the Isolated Systems, it is worth emphasizing Eletrobras’ participation in the group composed of technicians from the Ministry of Mines and Energy - MME, the Brazilian National Electric Energy National Agency - Aneel and the Electricity Research Center - Cepel for visiting the Institute of Planning and Promotion of Energy Solutions for the non-connected Zones - IPSE, in Bogota - Colombia. The event took place in September 2009 and aimed at getting to know the Colombian model of Isolated Systems, focusing on the electric energy data management and fuel consumption aspects of these systems, so as to add improvements to the Brazilian Isolated System.

 

For 2009, the Fuel Annual Plan for forecast expenses of approximately R$ 4,2 billion, R$ 3,7 billion being for coverage with fuels, R$ 95 million for substitute undertakings and, yet, R$395 million for recomposing the balance of the previous year.

 

The generation indicated by the GTON to be supplied in 2009 was approximately 8,725,332 MWh, with the consumption of 761 thousand tons of Fuel Oil, 181 thousand tons of PGE Oil, 832 million liters of Diesel Oil and 531million liters of OCTE Oil.

 

 

20 - SECTORial GOVERNMENT PROGRAMS

 

20.1 - National Program for Efficient Public Lighting - "Reluz"

"Procel Reluz" consists of, basically, the implementation of energy efficiency projects in the public lighting systems, through the substitution of incandescent, mixed and mercury vapour lamps by more efficient vapour, sodium and high pressure lamps. There are, approximately, 14,7 million public lighting spots installed throughout the country, according to the latest cadastral survey carried out by Procel Reluz along with electric energy distributing companies.

 

Procel Reluz has already benefitted 10 cities in 2009, rendering over 65 thousand spots efficient, which resulted in an energy saving of 16,87 thousand MWh/year and a decrease in the demand of 3.8 thousand MWh. Moreover, it installed a further 528 new efficient spots. The investments totaled, in 2009, R$ 30,3 million, Eletrobras being responsible for financing R$ 22,7 million.

In 2009, the first energy efficiency project was implemented in traffic light systems, with the substitution of incandescent lamps for solid state external lighting systems (LED). In this case, there was a 90% reduction in the total installed potential.

It is worth emphasizing the formal covenant with the Federal University of Juiz de Fora - UFJF and with the Teaching, Research and Extension Development Support Foundation  - FADEPE for implementing a solid state external lighting pilot system (LED), also covering component  analysis, reproduction in laboratory of certain system items and analysis of the installation’s electric and lighting performance for an evaluation period.

Since the start of the project, 2,25 million spots have already been implemented, with a total investment of around R$ 470 million. The total energy already saved is 797 thousand MWh/year, with a reduction of 183.5 thousand MWh in the electric system’s rush hour demand.

Next, we demonstrate, per region, the use of the resources invested in the Reluz Program, in 2009.

Region

Midwest

North

Northeast

South

Southeast

TOTAL

Resources - R$ million

19,8

2,8

1,04

0,67

6

30,3

The following table shows, per region, the effective results achieved by the Reluz Program, in 2009.

Region

Midwest

North

Northeast

South

Southeast

TOTAL

Number of spots

39,486

4,788

1,909

2,519

17,341

66,043

*Quantity of spots corresponding to the implementing of the efficient public lighting expansion project.

Region

Midwest

North

Northeast

South

Southeast

TOTAL

Reduction in the demand/kW

2,987

76

41

198

524

3,827

 

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Eletrobras

 

 

 

20.2 -National Program for the Conservation Electric Energy - PROCEL:

In 2009, with investments of approximately R$ 6,546 thousand, excluding resources from the Global Reversion Reserve (RGR) already mentioned in the Procel Reluz Program, Procel has developed projects that contribute to a preliminarily estimated energy saving of 4.6 thousand GWh. This result is equivalent to the yearly electric energy consumption of 2,6 million residences, representing a postponed investment in the electric energy sector of R$ 3,29 billion. These resources may be allocated for other projects, for instance, the social area or infrastructure.

 

Instituted in 1993, the Energy-Saving Procel Label is meant to highlight, yearly, the most efficient appliances and pieces of equipment, in their category, to the consumers. The label’s concession results from the joint work of Eletrobras/Procel with Inmetro’s Brazilian Labeling Program (PBE).

 

Among the actions developed in the scope of the Procel Label in 2009, it is worth emphasizing its concession to 3,054 models from 160 different companies, distributed in 28 categories of equipment and appliances. 2009 was also the first concession year of the Procel Label for Plasma and LCD TVs with stand-by mode, frost-free one door refrigerators, split floor ceiling air conditioners and washing machines of the dry wash type.

Procel acts in all of Brazil through sector programs in the fields of public buildings, environmental sanitation, city energy management, industry and constructions. The main accomplishments of these sector programs in 2009 were: (i) 08 City Management Plans within the Alto Uruguai project, revealing an average economy potential of 25.1% over the total consumption of the municipal authorities. This represents nearly 1,100 MWh/year or the consumption of over 600 families during one year; (ii) increased efficiency of the Santa Catarina Federal University Hospital - UFSC, which contributed to a reduction of 568.73 MWh in the electric energy consumption and the revitalization and broadening of the Energy Efficiency Laboratory - LEENER from UFJF; (iii) release of the first Brazilian labels per Commercial, Service and Public Buildings, with the publication of the Energy

Efficiency Level Quality Technical Regulation and the Compliance Assessment Regulation; (iv) electricity saving of 2,584,198 kWh in the industrial sector, resulting from the works with the Ceará State Industries Federation - FIEC and the Pernambuco State Industries Federation - FIEPE and (v) publication of the successful cases resulting from the Public Call for Projects, which generated a reduction in the peak demand of 314 kW and an energy saving of 4.5 GWh/year, representing about 0.04% of the amount consumed by the water and sanitary drainage service providers in the whole of the country in 2009.

 

20.3 - Alternative Electric Energy Sources Incentive Program - PROINFA

Proinfa achieved its objective of increasing the participation of the electric energy produced by etities based on wind power sources and Small Hydroelectric Centers (SHC) and Biomass, in the National Interconnected System (SIN).

 

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The development of the program contributed to the diversification of the country’s energy matrix through the good use of local energy sources, in addition to having contributed to the generation of around 150,000 direct and indirect jobs all over the country, enabling great industrial demands and internalizing cutting edge technology.

 

With the conclusion of all undertakings, the program will also bring benefits for the reduction in the effect of greenhouse gases emissions of around 2.8 million tons of CO2 equivalent/year.

 

As energy commercial agent and agreement manager in the scope of Proinfa, in 2009, the highlight was the start of commercial operations of 23 undertakings, being: 15 wind power-based (263.18 MW), 8 PCHs (188.60 MW), adding 451.78 MW of power to the National Electric Energy System.

 

These new undertakings, plus the already operating undertakings, represented, up to December 31, 2009, 92 plants implanted in the scope of Proinfa and added 2,032.46 MW of installed capacity to the country.

 

Sources

Undertakings that started operations in 2009

Undertakings

Power (MW)

PCH

8

189

Wind Power

15

263

Biomass

---

---

TOTAL

23

452

 

 

Sources

Total number of undertakings in operation by 12/31/2009

Undertakings

Power (MW)

PCH

47

955

Wind Power

26

573

Biomass

19

504

TOTAL

92

2,032

 

The success of the Aneel 003/2009 Auction, whose objective was to contracts Spare Energy, specifically to hiring electric energy from wind power sources, is a clear demonstration that had Proinfa in consolidating the application of this wind power technology in the diversification of the national energy matrix.

 

20.4 - Program for the Universalizing the Access and use of Electric Energy - Luz Para Todos (Light for Everyone)

In 2009, 357,970 new connections were performed in the scope of the Program, amassing an amount of 2,235,332 connections performed, which corresponds to a total of over 11 million people benefitted in the Brazilian rural environment. As for the goals assumed for 2009, 70.2% of the global goal of 510,197 was achieved, computing the commitments of executors, with Eletrobras and with the State Governments.

Considering only the commitments with Eletrobras, 70,451 projects were registered in the "Luz para Todos" Program Projects Management System, totalines 319,259 projects since 2004. This total covers 1,711,830 connections, which corresponds to 77.6% of the total number of connections agreed upon between the Executing Agents and Eletrobras, as well as: (i) the execution of connections to residences in the rural environment in 5,294 Brazilian cities; (ii) the construction of 416,656 km of high and low voltage electric grids: (iii) the installation of 4.3 million electric poles; (iv) the installation of 628,82 transformers; and the installation of 2,046 photovoltaic systems.

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In 2009, R$1.31 billion was released, R$1 billion coming from the Energy Development Account (CDE) resources and R$0.31 billion from the Global Reversion Reserve (RGR). Since 2004, an amount of R$7.83 billion has already been released (CDE and RGR resources), out of an agreed total amount of R$10.89 billion, that is, 71.9% of the total amount of resources agreed upon.

The amounts of resources agreed upon and released by December 31, 2009, distributed per region, are as follows:

Region

Amounts Accumulated to 12/31/09

Resources agreed upon - R$ millions

Resources released - R$ million

CDE

RGR

CDE+RGR

CDE

RGR

CDE+RGR

North

2,053

223

2,277

1,413

172

1,586

Northeast

4,451

765

5,216

73,230

598

3,828

Midwest

506

415

920

412

347

758

Southeast

702

1,028

1,730

487

688

1,174

South

321

425

746

238

248

487

Brazil

8,033

2,856

10,889

5,780

2,053

7,833

 

 

Region

Connections agreed upon to 12/31/09 between the Executing Agents and Eletrobras

North

373,467

Northeast

1,156,698

Midwest

141,538

Southeast

376,311

South

158,241

Total

2,206,255

 

The studies were also intensified, aiming at providing assistance to locations distant from the distribution grids, focusing on the use of renewable sources of energy. In this sense, studies were developed so as to provide assistance through photovoltaic individual systems in the Amazon region, based on experiences from the Xapuri Pilot Project, implanted by Eletroacre, with Eletrobras’ participation, which benefitted 103 families with these systems, in the scope of the program.

 

In this context, the Araras Pilot Project was also developed, in cooperation with Celpa, aiming at implanting decentralized generation systems with renewable energy and distribution through mini-grids in the islands of Araras, in the municipal area of Curralinho, State of Pará. This pilot project, with resources approved in late 2009, will utilize photovoltaic and wind power technologies to provide electricity to the communities of the islands, benefitting 76 families.

 

21 - SOCIAL DIMENSION

 

21.1 - Human Resources

 

Personnel Management Policy:

Eletrobras’ personnel management policy was delineated, in 2009, by consolidating a result-oriented management culture, aligned with corporate strategic planning, unified in the implementing of new strategies synchronized with the transformation Plan and other strategic demands of the company and all the Eletrobras System.

 

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In this aspect, with the objective of establishing a differentiated practice that valorizes and compensates employees with skills, competences and achieved results compatible with the one required by the corporate strategies, the elaboration studies of the Career and Remuneration Plan (PCR) and the Performance Management System (SGD) were finished for all the companies of the Eletrobras System.

 

The documents were presented to the collaborators, labor unions and directors of the companies. The final versions of the PCR and SGD were approved by Eletrobras’ Board of executive officers (DEE), by Eletrobras’ Executive Office (CAE) and by the Ministry of Mines and Energy (MME). A pilot cycle of the Result Evaluation and Improvement Program was implanted at the holding company, as well as the SGD module that comprehends the elaboration and following of goals, developed from the Strategic Actions Program (PAE 2009-2012).

 

Regarding the Eletrobras System’s integrated personnel management plan, the following objectives may be highlighted: valuation of the employees, management through the delegation of competences, focus on the results, meritocracy, higher competitiveness, sustainability (expenses with personnel), personnel development, retention of talents, standardization of management policies and practices, higher personnel mobility in the scope of the system and improvements in the organizational environment.

 

Civil Service Examination:

Such considerations regarding Eletrobras’ personnel management policy having been made, it is worth emphasizing that, in 2009, 173 employees were admitted through civil service examinations carried out by the Company (156 through Civil Service Examination 2007 and 17 through Civil Service Examination 2005).

 

From the total number of positions filled, 69 arose from personnel replacement and 104 from increase in the number of staff approved by Order of Regulation No. 19, of October 14, 2008.

 

Young Apprentice Program:

As far as the Young Apprentice Program concerned us, Eletrobras has maintained, since 1997, a project towards the best technical/professional qualification of young students as apprentices. In 2005, such program went through an update process of its pedagogic guidelines and plans, so as to better prepare these young people for the job market.

 

In this new configuration, the Eletrobras System’s Young Apprentice Program started to offer qualifying courses with Senai’s technical support and, besides that, it started to be carried out concurrently among three companies of the Eletrobras System (Eletrobras, Eletronuclear and Furnas).

 

The selection of Young Apprentices is made through edicts (civil service examinations), performed yearly, taking into account the duration of the learning course (11 months on average).

 

It is worth emphasizing that, in December 2009, Eletrobras, Eletronuclear and Furnas, in partnership with Senai-RJ, disclosed an Edict (published in the F.O.B. No. 235, of December 9, 2009), for selecting of Young Apprentices for fiscal year 2010. On the occasion, 138 positions were made available, 51 of them being for Eletrobras, 15 for Eletronuclear and 72 for Furnas.

 

On the other hand, on the previous selective process, disclosed in December 2008, 149 positions were made available by the three companies for fiscal year 2009, which resulted in the hiring of 51 young apprentices in 2009.

 

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Eletrobras

 

 

 

Number of Collaborators

21.2 - Work-related Health, Well-being and Safety

Regarding the initiatives taken by Eletrobras to improve the health, well-being and safety of its employees, the following must be emphasized: the carrying out of 1,154 work-related medical examinations, the providing of 2,790 social consultations and 5,306 work-related medical and nursing services as well as the vaccination campaign against influenza, in which 1,200 doses were administered to the Company’s collaborators.

 

It is worth emphasizing, still in this field, the Eletrobras Health Program, which involves health-promotion and disease-prevention actions promoted via the following Programs: Heart, Dietary Re-education, Smoking Awareness, Energy and Movement, Travel-related Medicine, Women’s Health, Psychopedagogic and Social Caretaker;

 

Besides, from May to September 2010, the Company, with the objective of incentivating the practice of sports and the health of its collaborators, offered them participation in eight races and walks in Rio de Janeiro and Brasilia , which had the World No Tobacco Day and the World Heart Day, among others, as themes.

 

Another important program was the one called ‘Keeping an Eye on Health’, consolidated via events, pamphlets, intranet advice, radio and lectures. In this program, advice was provided regarding precautions for a healthy summer and events were held concerning the national nutrition day, world physical activity day, world health day, national hypertension prevention and combat world day, no tobacco day, world heart day, world diabetes day and the world fight against AIDS day.

 

We also highlight, in the scope of the ‘Keeping an Eye on Health’ Program, the availability of information and advice established by the Ministry of Health regarding the Influenza A (H1N1).

 

21.3 - Training and Development

The main objective of Eletrobras’ Corporate Development is to develop the labor force so that the guidelines established by the Strategic Planning can be achieved through the adoption of modern corporate education practices, aligned with the concepts of management through the delegation of competences, under development.

 

In 2009, the amount invested in training and development totaled R$ 7,690 thousand, creating opportunities for 9,715 collaborators, which was translated into 248,428 H/h, as shown below:

 

Eletrobras’ Corporate Education - 2009

Actions

Quantity

Participations

H/h

Investments - R$ thousands

Long Duration

43

82

17,480

1,326

Short Duration

428

7,445

148,900

3,907

Corporate TV

211

1,130

1,688

498

Languages

266

778

74,760

1,464

Seminars and Conferences

99

280

5,600

495

Total

1,047

9,715

248,428

7,690

 

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Eletrobras

 

 

 

With the objective of fulfilling the Eletrobras System’s repositioning purposes in the national and international electric sectors, Project IV.6.3 - Eletrobras System’s Personnel Development and Capacitation Plan - was developed in the scope of the Transformation Plan.

 

In the scope of such project, led by a work group composed of Eletrobras System’s corporate education professionals, the new Eletrobras System University - UNISE was formed, with the attribution of developing all the leadership of the Eletrobras System, the general competences of all the employees, the specific competences critical to enabling the strategies of the Eletrobras System and disseminating principles and values.

 

Moreover, the project defined the corporate education policies to be adopted by the Companies so that the educational actions may contribute to broadening the competitive advantage of the Eletrobras System.

 

Having new attributions already, the Eletrobras System University developed the following programs in 2009:

 

Corporate Education Strategic Management: with the participation of 15 professionals of the Eletrobras System in this 240-hour Specialization course in partnership with the University of São Paulo.

 

Electricity Sector Technological Innovation Strategic Management: with the participation of 40 employees of the Eletrobras System in this 360-hour Specialization course in partnership with the University of Campinas.

 

Energy Integration Program: with the participation of 50 professionals, 25 being from the Eletrobras System and 25 from Latin American countries in this 360-hour Specialization course developed through a technical/financial cooperation covenant with the Federal University of Rio de Janeiro.

 

Still in the scope of the project, 57 educational programs were defined to be developed by UNISE in 2010 and 2011.

 

21.4 - Working and Trade Union Relationships

As far as the national collective work agreement is concerned, with the purpose of adjusting the companies of the Eletrobras System into the Transformation Plan, several benefits were unified, such as: educational support, daycare support, additional payment for unhealthy work and the uniform salary table for all the System.

 

Also, some themes were submitted to the national collective work agreement, such as: guarantee of equality between genders and among races/ethnic groups, leave for workers victims of domestic violence, work-related health and safety committee, advice regarding the restraining of discriminatory practices, maternity leave, maternity protection and the celebration of covenants with Sesi and Senai.

 

Furthermore, a salary readjustment of 5.53% was granted, equivalent to the IPCA of the period and a salary bonus corresponding to 7.5% of the remuneration of an employee plus the ammount of R$ 2,000.00.

 

Regarding the specific work agreement, it is worth emphasizing the creation of the Work-related Lawsuits Permanent Committee, created to solve, in the administrative sphere, the work-related conflicts so as to avoid the formation of lawsuits in the legal sphere.

 

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Eletrobras

 

 

 

21.5 -Administrative Actions

As far as other relevant administrative actions that took place in 2009 are concerned, with the purpose of improving the working conditions of the employees, we emphasize, in the field of equity, the incorporation of the building number 107 on Rua do Ouvidor, with an area of approximately 5,304.52 m2, to the Eletrobras’ facilities in Rio de Janeiro and the elaboration of studies for the installation of offices in Lima and Montevideo, in the scope of the Company’s internationalization process.

 

Concerning informatics, Eletrobras’ Information Technology Department promoted, in November 2009, the hiring of a ‘Consolidation and Virtualization of Servers’ solution, so as to provide the Company with a complete platform, dimensioned to immediately establish the Company’s business in the event of loss, as well as enable maximum share of resources by all the services, in addition to equalizing and simplifying the administration of servers and other pieces of equipment.

 

Moreover, in 2009, the ‘SAP’ Project was initiated with the objective of promoting the update of the currently installed business management system version. As a result of the implementation  of this new version, the financial processes will be modernized and other business processes previously  supported by other technological tools will be integrated into the scope of the new version processes, which will comprehend human resources, strategic, economic and financial planning and managerial information.

 

Aditionally, in 2009, the development of the ‘Fiscal Solution’ Project was started to implant a fiscal and tax management system for attending the tax legislation in the federal, state and city spheres, including, among other requirements, the SPED - Digital Entry Public System and the services necessary for its implementation.

 

21.6 - Social Responsibility

The Social Responsibility at Eletrobras is strategic to the Company’s business and is present in its mission, vision and organizational values. Besides, responsibility and social and environmental ethics are entwined with the electricity programs developed by Eletrobras, in which the Global Compact principles and the Millennium Development Objectives, established by the United Nations Organization, are included.

 

One of the operating fronts in Social Responsibility is the promotion of business citizenship, which takes place through the development of actions and programs aimed at contributing to the Sustainability Culture present in Eletrobras. Among the many themes developed by Eletrobras, two stand out: Diversity and Solidary Selective Pickup.

 

Diversity: The search for equality of opportunities for all people is a commitment made by Eletrobras, so as to fight against any forms of discrimination. According to this commitment, Eletrobras adhered to the 3rd edition (2009/2010) of the Pro-Gender Equality Program. It also supported campaigns towards the combat to violence against women and the combat to prejudice towards HIV carriers, such campaign was promoted by the Ministry of Health.

 

Solidary Selective Pickup: In 2009, Eletrobras donated over 22 tons of residue for recycling, an increase of 136% in the volume of recycled material compared to 2008 (9.35 tons). The Solidary Selective Pickup program, developed at Eletrobras, meets Federal Decree No. 5,940/2006, donating the recyclable residues generated in the Company to unions or associations of recyclable material pickers, in addition to the decrease in the number of these residues sent to embankments and landfills, thus, minimizing the environmental impact.

 

Eletrobras supports technically as well as financially social projects selected from criteria aligned to the Company’s Social Responsibility guidelines. Among the thirty social projects supported, stand out:

 

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Eletrobras

 

 

 

"Mão na Massa" (Getting the Hands Dirty) Project: the project aims at directly assisting women, ranging from 18 to 45, in a situation of social vulnerability and risk. Besides the professional qualification, with focus on private construction, the project also promotes social qualification through mathematics, Portuguese, informatics, building techniques, enterprises and themes related to citizenship, self-knowledge, world of work, environment preservation and work-related safety classes.

 

Neaca: project that aims at the specialized monitoring of children, teens and families in a situation of domestic and sexual violence in São Gonçalo - RJ. Through an interdisciplinary team, the project promotes the overcoming of physical and psychological damages caused by violence against children and youths and the access to the social rights.

 

Olympic Energy: this project assists 180 children from Morro dos Cabritos, a community located between the neighborhoods of Copacabana and Botafogo, in Rio de Janeiro. Through the initiation and improvement in four Olympic sports (Judo, Taekwondo, Wrestling and Boxing), the project aims at using the social function of the sport in service of education, developing fundamental discipline values.

 

Communitarian Production Centers (CCPs): With the objective of promoting the integrated and sustainable development of the rural communities benefitted by the Luz Para Todos project, the creation of Communitarian Production Centers (CCPs) was also stimulated, facilitating the production, the benefitting and the trading of local products.

 

EXTERNAL SOCIAL INDICATORS 2009 - R$ thousands

Education

2,540

Health and Infrastructure

443

Income and Job Generation

1,084

TOTAL INVESTMENTS IN FISCAL YEAR 2009

4,067

 

21.7 - Culture and Society

In 2009, Eletrobras started a new stage in its actions to incentive culture. In compliance with the guidelines established in its strategic planning and aligned with the Federal Government’s advice, regarding the diffusion and democratization of culture, Eletrobras released its first Public Selection Edict of Cultural Projects.

 

The Public Selection Edict of the Eletrobras Culture Program, allotting R$8.4 million to support the production of plays for the adult public, symbolized a new moment lived by the company. This edict, elaborated for 2010, rewards a collective effort towards an increased democratization of the access to investments in culture, giving prestige to, with transparency, the most diverse artistic expressions.

 

The restructuring of Eletrobras’ Social Responsibility area, which took place in March 2009, allowed the Edict/2009, as well as all the other new supported cultural projects, to be followed by a continuous task for the insertion of counterparts and actions that improve, clearly, the symbiosis between culture and the yearnings of society.

 

In 2009, Eletrobras supported 122 cultural projects, totaling an investment of R$ 34,4 million. Among the projects of high cultural value, it is worth emphasizing the support for events and publications linked to the Year of France in Brazil, such as, for example, the book collection ‘French People in Brazil’. The continuous endorsement to the renovation of the Municipal Theater in Rio de Janeiro, the theater festivals and cinema exhibitions with the movies Zico na Rede (Zico on the Net) and Lixo Extraordinário (Extraordinary Garbage) are other examples of incentive for the production of projects that add value not only to the Company’s brand, but also to our national culture.

 

During 2009, Eletrobras entered into ten agreements regarding sports-related actions, two of which the Company used resources from the Law of Incentive to Sports No. 11,438, sanctioned on December 29, 2006.

 

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Eletrobras

 

 

 

Among the sponsorships, it is worth emphasizing the set of projects focused on basketball, which has offered an expressive acquisition of national mass media space. In addition to the agreement with the Brazilian Basketball Confederation (CBB), in which Eletrobras is the sole sponsor of the masculine and feminine Brazilian national basketball teams, in their many categories, until 2012, Eletrobras is also the official sponsor of the National Basketball League - LNB (body that promotes the Brazilian Adult Masculine Basketball Championship), the Brazilian Master Basketball Federation - FBBM (participation in the 10th World Master Basketball Championship, held in Prague/Czech Republic), the Single Slums Center - CUFA (IV Edition of the Street Basketball Brazilian League - LIBBRA) and the Brazilian Wheelchair Basketball Confederation - CBBC (Regional Wheelchair Basketball Championships). In the two most recent projects (CBBC and CUFA/LIBBRA), Eletrobras used the Law of Incentive to Sports.

 

Also in 2009, Eletrobras took one more daring step in entering into an agreement with a soccer club: Clube de Regatas Vasco da Gama. A never seen before agreement since, besides professional soccer, from which the Company obtains the highest institutional revenue of its brand, the agreement also comprehends rowing, Olympic and Non-Olympic sports, Paralympic sports and social responsibility projects towards the professional qualification and initiation in sports of young athletes who receive basic advice about sports practice and other youths who are supported in the specific formation of each kind of sport offered by the club.

 

21.8 - Ombudsman

The Ombudsman is meant to establish a permanent and efficient communication channel between the Company’s Senior Management, the functional body and society in general for receiving and processing manifestations, complaints, denouncements, information requests, among others. After being analyzed, such demands are forwarded to the responsible areas of the Company, in the search for well-timed and suitable solutions.

 

In order to increase the Ombudsman's internal process control, the ECV 245/2007 cooperation covenant was established between Eletrobras and Eletronorte, so as to share the ‘Ombsudsman’ software, developed by Eletronorte.

 

In 2009, as a result of a positive strategy to structure the Ombudsman system in all companies of the Eletrobras System, Cepel and Itaipu structured their Ombudsman systems and after Eletropar does so, the Eletrobras System will have 100% of its companies supplied with Ombudsman. This development is part of a set of actions meant to broaden the transparency in the management of the companies and meet the sustainability criteria established by ISE Bovespa, the New York Stock Exchange and SOX.

 

In quantitative terms, in 2009, the Ombudsman received 3,017 manifestations. Of these, 2,419 (80.2%) were solved and 598 (19.8%) are in progress.

 

 

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Eletrobras

 

 

 

21.9 - Awards and Recognition

Latin America’s biggest electric energy company and the 11th biggest in he world, according to a survey carried out by the American energy expert magazine ‘Insight’, Eletrobras received, in 2009, awards that bore witness to its prestige in the market and the improvements in its administration and sustainability. In November, the Company was elected the most admired in the energy sector, in a survey conducted by the newspaper ‘DCI’. Eletrobras took first place, also in the energy sector, in the ‘Época Negócios 100 - Brazil’s Most Prestige Companies’ award.

Equally recognized for its sustainability, Eletrobras remained, for the third consecutive year, in the São Paulo’s Stock Exchange (ISE/Bovespa) Business Sustainability Index. The companies listed in the ISE 2009/2010, valid from December 1, 2009 to November 30, 2010, present, in Bovespa’s evaluation, a high level of commitment to sustainability and social responsibility.

Two examples of this commitment were highlighted in 2009: the ‘Organic Fruit Backyards” project, developed by Embrapa Clima Temperado in partnership with Eletrobras and its subsidiary, CGTEE, won the Ecology Expression Award 2008, in the category Socioenvironmental Technologies - Public Sector; and the Eletrobras System was recognized by the Special Secretariat for Policies for Women (SPM) for its actions towards gender and diversity. Eletrobras and nine companies of the System were awarded the trophy and the certificate from the Pro-Gender Equality Seal 2009.

Still in the field of management, the Company was also elected the country’s biggest company in net floating capital (indicator of how much money a company has available in the short term), according to the magazine Exame. The company was also featured in the ‘1000 best and biggest companies of 2009’ edition, as the holder of Brazil’s third highest equity.

Due to its ever more transparent relationship with its public, Eletrobras was also recognized last year: the company’s intranet was considered the best in Brazil and two advertising drives promoted by the Company were awarded. After winning the content category of the Intranet Portal Award 2009, Eletrobras’ intranet conquered Senac-SP Grand Prix, public area/third sector category. The award regards the best among the best intranets that participated in the Intranet Portal 2009, in each category. Promoted by the Intranet Portal Institute and Senac-SP, the Award is considered the most important of this area in the Brazilian corporate universe.

 

22 - ENVIRONMENT

 

Eletrobras develops, along with the companies of the System, activities in the environmental area that enable a coherent action, continuously improved, adjusted to the legislation in force and the guidelines established by common agreement. These actions aim at assuring the fulfillment of the Eletrobras System Environmental Policy principles and implementing a working agenda involving common interest questions.

 

The environmental dimension is inserted in the activities carried out by the Company as subsidy to the decision making processes. Therefore, Eletrobras searches for the continuous internalization of the environmental dimension and its improvement, both in the execution of owned projects and in partnerships, as well as in federal programs management, fundraising, financing concession and business sustainability management.

In 2009, the following projects and their respective activities were highlighted:

Belo Monte HEU (Hydroelectric Utilization): supervision of the elaboration of the Environmental Impact Studies, also acting in the revision and complementing, with participation in technical meetings due to Ibama’s demands for the issuance of the Preliminary License; elaboration of the environmental budget; participation in the meetings promoted by Ibama, with Funai’s support, in six indigenous lands; participation in public hearings; participation in the Social Interaction and Communication Manager Group; participation in the Indigenous Component Socioenvironmental Studies Group; participation in the Xingu River Sustainable Development Plan.

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Eletrobras

 

 

 

Tapajós Complex: coordination of the Environment Committee; institutional articulations for enabling feasibility studies.

Uruguai river studies (Brazil/Argentina): evaluation and monitoring, along with Emprendimientos Energéticos Binacionales Sociedad Anônima (Binational Energy Undertakings S.A) - Ebisa, from Argentina, of the Hydroelectric Inventory Studies about the Uruguai river basin, in the stretch of the border between Brazil and Argentina; participation in field work in Brazil and Argentina; participation in elaborating the Reference Terms and the Edict for hiring the Garabi HEU’s technical, economical and environmental feasibility studies; participation in the Binational Environmental Regulatory Landmark Work Group.

Tumarín HEU (Nicaragua) and Tornillito HEU (Honduras): evaluation and monitoring of the environmental part of the pre-feasibility studies.

Inambari HEU (Peru): evaluation of the environmental part of the feasibility studies, as an integral part of the proprietor’s engineering, analyzing, along with Furnas, documents produced by consultancy companies and participating in technical meetings and field work in Brazil and Peru.

Baynes HEU (border between Angola and Namibia): participation, along with Furnas, in elaborating the phases 1 and 2 reports and the Reference Term for the phase 3 of the technical/economical feasibility study.

Eletrobras, as manager of the energy purchasing and selling agreements entered into in the scope of Proinfa, also carries out, permanently, the environmental monitoring activities of the 144 undertakings that integrate the Program, comprehending the gauging of conformity in the licensing processes. In 2009, 58 technical reports were issued. In the scope of the Luz para Todos Program, the Company elaborated, in 2009, environmental criteria for analyzing Special Projects from the States of Amazonas and Pará.

In the concession of financing, as well as in the fundraising and loans and financing contracting operations, the environmental dimension is inserted with preliminary environmental evaluations and monitoring of the projects until execution. In 2009, it is worth emphasizing the environmental evaluation of the six energy distributing companies of the Eletrobras System as part of the financing contracting analysis process, by the World Bank, for improving the management systems of these companies.

Eletrobras also coordinates the specific forum of the environment areas of the Eletrobras’ companies - SCMA - which acts as a technical and institutional space that offers a greater interaction between the companies and enables the definition of common guidelines for dealing with socioenvironmental issues, as well as the execution of articulated procedures in the necessary interinstitutional relationships. In 2009, this forum and its ten work groups held 22 meetings, covering themes such as: the use of hydroelectric plants reservoir edges, politics, legislation and environmental costs, environmental management and communication, greenhouse gases emissions effect and aquatic resources.

Additionally, Eletrobras has been monitoring the business sustainability management international trend, so as to consider, in addition to the economic gains, the environmental and social improvements, having defined corporate strategies and goals that point in this direction. These are goals of the Eletrobras System Strategic Actions Program - PAE 2009-2012, the listing in the New York Stock Exchange’s business sustainability index (DJSI), until 2012, and the increased score in the São Paulo Stock Exchange’s business sustainability index - ISE, starting in 2009. Aiming at the achievement of these goals, Eletrobras has been coordinating integrated and systematized actions through its Sustainability Committee. The environmental dimension is inserted in the Committee’s strategic working agenda.

In 2009, the Presidents of the Eletrobras’ companies sealed a letter of commitment with the initial actions, capable of being implemented by all the companies until March 2010, denominated Pacto de Tucuruí (Tucuruí Pact). The environmental dimension is regarded in the Pact with nine actions. As products of the environmental action in the Tucuruí Pact, in 2009, it is worth emphasizing:

47


Eletrobras

 

 

 

In the Scope of the SCMA: elaboration of the inventory of greenhouse gases effect emitted by thermal power stations of the Eletrobras System (ES), referring to the period from 2003 to 2008, and revision of the System’s Environmental Policy, in accordance with the guidelines of the ES’s Transformation and Strengthening Plan. The new policy must substitute all other individual policies previously in force.

In the Scope of R&D projects, in partnership with Cepel: establishment of a set of socioenvironmental performance indicators, as assistance to the evaluation and communication of the socioenvironmental performance improvement in the companies of the System, as well as tests for implementing a web tool for the data bank with information related to the indicators.

Still on the scope of the R&D projects, it is worth emphasizing the participation in the Technical Committee of the ES’s corporate project ‘Monitoring of Greenhouse Gases Emissions Effect in Reservoirs of Hydroelectric Plants’, from Aneel’s Strategic R&D, which aims at formatting a study about greenhouse gases effect in reservoirs of hydroelectric plants with many research institutions in the country.

 

23 - ELECTRICITY DISTRIBUTION COMPANIES (EDc)

23.1 - Tariff Review

The methodology adopted by Aneel for regulating distribution tariffs foresees the execution of tariff reviews where the economic/financial balance of the concessions is carefully analyzed, taking as reference the performance of an efficient paradigm company for assisting each concession via examination. These reviews take place every four or five years, depending on the company.

 

In 2009, the integrated actions for PRETEDE - Eletrobras’ Distribution Tariffs Revision Project - regulatory themes mobilized over a hundred professionals in the 6 Distribution Companies and 92 formal documents were elaborated and recorded in a protocol at Aneel.

As a result, around R$ 442 million was assured for annual income additional to the Agency’s initial proposal, referring to operating costs, market projections, excess energy and financial components.

As correlated products, there was a higher development of knowledge and professional formation among the professionals involved, in addition to important detections of controls that must be improved, for instance, the equity control, the financial components control and the ‘Quota A’ Items Value Variation Compensation Account - CVA control, meant to register the difference between the effectively occurred values and the amounts forecast in the tariff calculation between two tariff readjustments.

 

Annual Additional Income - R$ millions

                                                                                                                

Companies

Reference Company

Market

Excess

Financial Components

Total

Ceal

18,9

16,1

-18,5

27

43,5

Cepisa

20,8

10,7

-15

23

39,5

Amazonas Energia

9,6

27,1

104,2

115,2

256,1

Boa Vista

1,3

1,9

0

0,5

3,7

Ceron

20,2

30,8

1,4

30,6

83

Eletroacre

3,4

4

3,5

5,6

16,5

TOTAL

74,2

90,6

75,6

201,9

442,3

 

23.2 - Electric Energy Trading

In general, the amount of electric energy supplied in 2009 increased 2.4% compared to 2008, the most significant increase being in the residential class (7.4%), which represented 35% of the total commercialized in 2009. On the other hand, in the industrial class, which represents 21.2% of the total, a decrease of 7% compared to the previous year was observed, especially due to the decrease in the regional, national and international economic activity levels over the production sectors.

 

48


Eletrobras

 

 

 

The companies with a higher level of participation in the trading of electric energy stand out: Amazonas Energia (37.9%) and Ceal (19.9%). The former, differently from the others, has a strong participation in the industrial class power consumption, given the importance of the Manaus Industrial Complex, with 33.9% of the total commercialized by this distributor in 2009. In Ceal, on the other hand, the residential class represented 37.2% of the total supplied by the distributor.

 

 

Consolidated Electricity Supply - (GWh)

Class

2005

2006

2007

2008

2009

Residential

3,069

3,146

3,331

3,753

4,030

Commercial

1,847

1,895

2,009

2,226

2,378

Industrial

2,358

2,384

2,465

2,628

2,443

Rural

380

414

400

490

508

Other Classes

1,561

1,718

1,561

2,061

2,067

Total

9,215

9,557

9,766

11,158

11,426

 

23.3 - Supply per Consumption Class

 

 

 

49


Eletrobras

 

 

23.4 - Loss Control

Cepisa and Ceron presented, in 2009, a decrease in their levels of electric energy loss when compared to the levels registered in 2008. The decreases were 0.68 and 1.96%, respectively. This decline in the indexes was a consequence of the reintroduction  of inspections in consumer units and, especially in Cepisa’s case, the expressive regularization of taxed consumers, from over 103,000 in Dec/2008 to 19,000 in Dec/2009.

 

The two companies with the lowest loss indexes among the EDEs, Eletroacre and Boa Vista Energia, maintained a stable loss level during 2009. Both, just like Ceron, registered loss indexes below the regulatory levels at the end of the last periodic tariff review cycle.

 

In turn, Ceal and Amazonas Energia registered an increase in their loss levels. It is possible to emphasize, as one of the factors causing this increase, the carrying out of a lower volume of inspections throughout the year, motivated by the termination of service rendering agreements.

 

Despite having not yet presented positive results, Amazonas Energia implemented, during 2009, a set of precautions aimed at implanting remote measurement boards in all of its medium voltage consumption units, as well as a measurement and monitoring center for these units. This action, to be concluded in 2010, includeds the acquisition of a measurement management system and its integration to the company’s billing system. In 2010, an extension in the monitoring of low voltage clients with expressive power consumption is foreseen, in which resources from the financing to be agreed upon with the World Bank will be used.

 

It is worth emphasizing that there were subtle changes in 2008’s total loss indexes compared to the values disclosed in the previous Administration Report. This fact, which affected only Amazonas Energia and Boa Vista Energia, took place by virtue of adjustments carried out in the energy balance sheets of these companies.

 

 

Technical Losses (%)

Non-technical Losses (%)

Total Losses (%)

2008

2009

2008

2009

2008

2009

Amazonas Energia

8.50

7.71

29.67

34.97

38.17

42.68

Boa Vista Energia

8.51

7.62

8.08

9.47

16.59

17.09

Ceal

12.75

12.03

17.25

19.31

30.00

31.34

Cepisa

14.17

13.71

21.97

21.75

36.14

35.46

Ceron

10.00

10.00

23.56

21.60

33.56

31.60

Eletroacre

12.71

11.70

13.48

14.50

26.19

26.20

 

50


Eletrobras

 

 

 

23.5 - DEC/FEC

In 2009, a decrease in Cepisa’s Ceron’s and Boa Vista Energia’s DEC - Consumer Supply Interruption Equivalent Duration and FEC - Consumer Supply Interruption Equivalent Frequency global indexes was verified, compared to the values in 2008. Ceal, Eletroacre and Amazonas Energia, on the other hand, registered an increase in the same time period.

 

Considering the goals, per consumer groups (monthly, quarterly and yearly), defined by Aneel, only Boa Vista Energia did not violate its goals for 2009, maintaining the same result already presented in 2008 for DEC and decreasing the number of violated groups in FEC.

 

Eletroacre and Amazonas Energia presented an increased number of violated groups in DEC compared to the previous year, increasing from one to two and 33 to 99, respectively. Regarding the FEC, the number of violated groups increased from one to ten at Eletroacre and 17 to 20 at Amazonas Energia, in the same time period. It is worth emphasizing that Amazonas Energia (capital city) violated its DEC indexes in 100% of the groups.

 

Still compared to 2008, Cepisa and Ceron presented a decreased number of violated groups, from 81 to 73 and 22 to 11, respectively. Regarding the FEC, the number of violated groups decreased from 70 to 63 at Cepisa and 22 to 10 at Ceron. Ceal presented a decrease in DEC violated groups, from four to three, and an increase in FEC violated groups, from zero to two.

 

For the companies that presented an increased violation of groups, it can be observed that the predominant factor that contributed to this fact was the great amount of rain that fell early in the year, above the historic average. At Amazonas Energia, the generation and distribution system overload was also decisive.

 

It is important to emphasize that significant decreases in these indexes require great investments in the expansion of the electric system and the acquisition of grid monitoring systems, as well as continuous improvement of the preventive maintenance process. In this sense, the application of projects that will be financed by the World Bank, as of 2010, and used to improve the substations and distribution grids, will certainly contribute to the establishment and maintenance of the DEC and FEC levels within the values established by the regulating agent.

 

Supply Interruption per Consumer (DEC) - Hour/Year

 

Boa Vista

Ceal

Cepisa

Ceron

Eletroacre

Amazonas Capital

Amazonas Interior

2008

15

20

52

37

15

54

87

2009

9

21

44

34

47

52

104

 

Frequency of Supply Interruption per Consumer(FEC) - No. of Interruptions/Year

 

Boa Vista

Ceal

Cepisa

Ceron

Eletroacre

Amazonas Capital

Amazonas Interior

2008

39

15

36

46

20

29

93

2009

21

16

33

42

42

31

107

 

23.6 - Non-Compliance

Although still insufficient, 2009 presented a decrease of 2.4% in the nominal inventory of over due debts, now being R$1.072 billion against R$1.099 billion in 2008.

 

The companies that contributed the most to this decrease were Ceal, Cepisa and Boa Vista Energia which, separately, represented a decrease of 18.3% in the total amount of overs due debts. The former obtained a decrease amounting to R$ 63 million, representing a decrease of 24.4% in the overall over due debts. At Cepisa, the decrease was R$ 6.2%, which represented a R$ 18 million

  recovery of the total over due debts. At Boa Vista Energia, a decrease of 36.9% in over due debts was verified as a result of the negotiations with the Roraima Water and Sewage Company (Caer) and the Roraima Development Company (Codesaima), amounting to R$ 38,8 and R$ 13,4 million, respectively.

51


Eletrobras

 

 

 

 

All of Eletrobras' Distribution Companies are adopting intensive practices for reducing over due debts. In this context, a set of actions is being implemented, aiming at recovering the due indebtedness. These actions are mainly focused on: the campaigns through the local press (newspapers, radio, television and the internet); the negative image at Cadin, SPC and Serasa (Credit Protection Services); the personalized charges to the main clients, Public Powers and Services; the outsourcing of court services and reclosure per productivity; the installment plan campaigns for due accounts; and the development of lawsuits for recovering credit.

 

Distribution Companies’ Consolidated Non-Compliance - R$ thousands

Class

2005

2006

2007

2008

2009

Residential

196,969

213,461

264,616

245,998

268,310

Commercial

100,064

101,092

117,130

119,962

127,401

Industrial

93,100

112,289

150,014

171,965

203,013

Rural

33,757

34,107

40,824

46,462

53,365

Public Power

112,707

123,822

135,479

143,700

162,930

Public utility

215,355

291,974

372,062

306,566

203,979

Public Lighting

28,682

30,075

3,269

65,199

53,922

Total

780,634

906,820

1,115,394

1,099,852

1,072,920

 

Per Distribution Company:

 

 

52


Eletrobras

 

 

 

23.7 -  Client Service

In 2009, regarding the great process of ‘Client Service’, the six Energy Distributing companies of the Eletrobras System achieved the following marks:

 

Description

2009

Total Number of Consumers

3,124,017

Total Number of Cities Supplied

464

Number of Service Agencies

210

Number of Service Stations

138

Total Number of Services Performed (Agencies and Stations)

2,388,486

Number of Service Centers - SP (CCs)*

131

Total Number of Calls Answered (CCs)

4,141,506

 

In virtually all of the companies, there were improvements in the personal service (Stores and Service Stations) and remote service (Call Centers - CC). As an example, we can cite:

 

Acre: Broadening of the CC in seven Service Stations - STs and the creation of a Virtual Agency, with on-line services available;

 

Alagoas: Creation of a Virtual Agency with on-line services available and broadening and renovation of the CC, with an increased number of assistants and training for them.

 

Amazonas: Opening of service stations, including a ‘mini station’ in PROCON - AM’s premises, creation of a Virtual Agency with on-line services available, increased number of assistants so as to offer greater efficiency in the service process and the consequent increased client satisfaction, execution of courses focusing on the continuous improvement of commercial assistants and the implanting of a chat between Amazonas Energia and handicapped clients (deaf or mute).

 

Piauí: Renovation and improvement of the Capital City’s main agency, reopening of the ‘citizen space’ agency with a broad renovation, in partnership with the Social Assistance State Secretariat, availability of a moving agency so as to better assist particular neighborhoods of Teresina, creation of a Virtual Agency with on-line services available and broadening and renovation of the CC, with an increased number of assistants and training for them.

 

RondôniaCreation of a Virtual Agency with on-line services available, implementing of the Auto-Service Terminal - TAS, which issues a copy of a bill, also, a web service module was developed, through which it is possible to obtain a copy of a bill to be paid at the Post Office.

 

Roraima: Creation of a Virtual Agency with on-line services available, such as: copy, electric damages, pruning of trees, reconnection, among others, as well as maintenance of the ISO 9001/2000 Certification in Commercial and Emergency Service Processes.

 

53


Eletrobras

 

 

 

24 - PERFORMANCE APPRAISAL

 

PARENT COMPANY

CONSOLIDATED

 

2009

2008

2009

2008

I - HUMAN RESOURCES

 

 

 

 

1.1 - Remuneration

 

 

 

 

Gross Payroll

122,557

99,847

2,941,609

2,577,809

 - Employees

119,730

97,486

2,925,961

2,559,882

 - Administrators

2,827

2,361

15,648

17,927

Relation between the highest and the lowest remuneration

 

 

 

 

 - Employees

14,81

14,03

 

 

 - Administrators

1,00

1,00

 

 

1.2 - Granted Benefits

 

 

 

 

Social Contribution

40,508

32,073

814,828

710,755

Food

8,877

8,124

181,042

171,961

Transportation

478

498

16,674

14,205

Private Pension

56,491

17,540

277,236

234,377

Health

44,432

10,818

282,745

230,906

Work-related safety and medicine

4,157

3,365

25,817

18,477

Daycare Education or Daycare Support

1,215

930

156,230

23,488

Culture

-

-

2,182

4,100

Professional capacitation and development

6,406

3,383

58,256

51,601

Others

-

-

246,075

182,334

Participation in the profits or results

27,000

23,000

207,844

275,227

T O T A L

189,564

99,731

2,268,929

1,917,431

1.3 - Functional Body Composition

 

 

 

 

No. of employees at the end of the fiscal year

1,300

1,182

25,809

25,248

No. of employees hired

227

197

1,181

1,573

No. of employees dismissed

189

107

754

559

No. of interns at the end of the fiscal year

197

205

2,383

2,092

No. of handicapped employees at the end of the fiscal year

4

3

635

685

No. of outsourced service providers at the end of the fiscal year

-

-

7,333

8,981

No. of employees per gender:

 

 

 

 

 - Male

857

786

21,060

20,609

 - Female

443

396

4,749

4,639

No. of employees per age bracket:

 

 

 

 

 - Under 18

-

-

-

2

 - From 18 to 35

417

313

5,789

5,247

 - From 36 to 60

808

808

18,618

16,878

 - Over 60

75

61

1,402

1,895

No. of employees per level of education:

 

 

 

 

 - Illiterate

-

-

-

-

 - Grammar School completed

99

20

3,580

3,211

 - High School completed

170

254

5,587

5,487

 - Technical Course(s) completed

-

-

6,194

6,470

 - College completed

569

479

7,719

7,412

 - Graduate studies finished

462

429

2,729

2,668

Rate of C-Level personnel, per gender:

 

 

 

 

 - Male

0,74

0,74

 

-

 - Female

0,26

0,26

 

-

1.4 - Work-related contingencies and liabilities

 

 

 

 

Number of labor litigations against the company

30

415

4,466

3,989

Number of labor litigations deemed valid

14

255

17,477

20,725

Number of labor litigations deemed invalid

20

31

5,467

6,052

Total amount of indemnity and fines paid by court order

18,495

5,299

158,430

47,382

                                                                                                                                                                               

54


Eletrobras

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

II - Interactions between the Company and the External Environment

 

 

 

 

2.1 - Relationship with the Community

 

 

 

 

Total investments in:

 

 

 

 

 - Education

2,540

1,584

16,341

17,036

 - Culture

34,379

25,525

50,756

40,902

 - Health and infrastructure

443

3,299

45,449

39,872

 - Sports and leisure

19,572

7,443

21,451

8,974

 - Food

-

-

4,471

3,896

 - Job and income generation

1,084

566

7,845

6,528

 - Resettlement of Families

-

-

145,764

134,086

Others

-

200

17,677

22,384

Total investments

58,018

38,617

309,754

270,678

Taxes (social contributions excluded)

221,394

1,341,612

2,510,747

4,061,918

Financial compensation for the use of hydric resources

-

-

562,482

479,314

Total Relationship with the community

279,412

1,380,229

3,382,983

4,814,910

2.2 - Interaction with the Suppliers

 

 

 

 

Social responsibility criteria used for selecting suppliers

-

-

 

 

 

III - Interaction with the Environment

 

 

 

 

Investments and expenditures in the operating processes for improvements in the environment;

-

-

100,751

109,122

Investments and expenditures in the preservation and/or recovery of degraded environments;

-

-

45,417

33,189

Investments and expenditures in environmental education for employees, outsourced personnel, autonomous personnel and administrators of the company;

-

-

178

178

Investments and expenditures in environmental education for the community;

-

-

5,241

5,081

Investments and expenditures in other environmental projects;

-

-

49,608

56,501

Quantity of environmental, administrative and legal lawsuits against the company;

-

-

1

7

Cost of the fines and indemnity related to the environmental subject, determined by administration or court;

-

-

62

-

Environmental liabilities and contingencies.

-

-

-

-

Total interaction with the Environment

-

-

201,258

204,078

 

 

 

 

 

IV - Further Information

 

 

 

 

Net Income (NI)

9,439

11,310

19,341,668

19,073,841

Operating Result (OR)

(1,069)

8,481

1,110,387

(24,603)

 

55


 

Independent Accountants' Report

 

 

To the Administrators and Shareholders

Centrais Elétricas Brasileiras

(Brazilian Electric Centers) S.A. - Eletrobras

 

 

 

 

1          We examined the balance sheet from Centrais Elétricas Brasileiras S.A.- Eletrobras ('Company' or 'Eletrobras') on December 31st, 2009 and the correspondent result, Net Assets changes, cash flow and value added statements from the fiscal year finished on this date, elaborated under the responsibility of your administration.   Our responsibility is to issue a report concerning these financial statements.   As mentioned in the explanatory note 13, the examination of financial statements from certain associated companies are carried out under the responsibility of other independent accountants.   In Eletrobras' financial information, the investments of these associated companies were evaluated by the equity accounting method and represent investments of R$ 6,359,637 thousand at December 31st, 2009 and the participation in the results amounts to R$ 1,383,048 thousand in the fiscal year finished on December 31st, 2009.   Itaipu Binacional's financial statements, with total assets of R$ 9,865,700 thousand on December 31st, 2009, included in the consolidated financial information, were also examined by other independent accounts.   Our report, as far as the values generated by these companies are concerned, is based exclusively on the reports from these other accountants.

 

2          Our examination was conducted according to the audit norms applicable in Brazil, which require that examinations be conducted aiming at confirming the adequate presentation of financial statements in all of their relevant aspects.   Therefore, our examination comprehended, among other procedures:  (a) the planning of works, considering the relevance of balances, the volume of business and the Company's financial and internal control systems, (b) the verification, based on tests, of the evidence and registers supporting the disclosed values and financial information and (c) the evaluation of more representative financial practices and estimates adopted by the Company's administration, as well as of the presentation of the financial statements as a whole.

 

3          Based on our examination and the responsibility reports from other independent accountants, as mentioned in paragraph 1, we reckon that the financial statements referred to in the first paragraph adequately present, in all the relevant aspects, the equity and financial position of Centrais Elétricas Brasileiras S.A - Eletrobras, on December 31st, 2009, and the result of operations, the Net Assets, the cash flows and value-added of the fiscal year finished on this date, according to the financial practices adopted in Brazil.

 

56


Centrais Elétricas Brasileiras

(Brazilian Electric Centers) S.A. - Eletrobras

 

 

4          Based on the determinations of Law No. 12,111/2009, certain subsidiary distribution companies from the northern region acknowledged, on December 2009, the amount of R$ 435,385 thousand substantially concerning the reimbursement of the amount spent on buying inputs arising from the energy production incurred by the companies in the Isolated System from August to December 2009, as mentioned in Note 13.   Additionally, the distributing companies controlled by Eletrobras located in the northern region have yet to recover taxes amounting to R$ 1,388,160 thousand, which, in the terms of the aforementioned Law, will not contain accretion anymore and will be realized in the distribution operations within an estimate term of approximately four years.   Said Law still lacks regulation, whereas the occasional effects arising from the determination of the regulation characteristics by the Brazilian National Electric Energy National Agency - ANEEL, if any, will be acknowledged when this process finishes, as mentioned in Note 12.

 

5          Due to 2009's tariff readjustment of the subsidiary Amazonas Distribuição de Energia S.A., foreseen by the concession agreement, ANEEL confirmed, temporarily, the regulatory remuneration base.   The possible effects arising from the definite regulatory remuneration base, if any, will be reflected on the financial position of the subsidiary Amazonas Distribuição de Energia S.A. in future fiscal years.

 

6          As described in explanatory note 15, the Company keeps provision for losses in advances for future capital increase in certain subsidiaries of the energy distribution segment amounting to R$ 1,858,603 thousand, also presenting provision for unsecured liabilities amounting to R$ 53,660 thousand.   The companies have been verifying repetitive losses in their operations, whereas the financial information of these subsidiaries were elaborated according to the financial practices adopted in Brazil and applicable to companies in normal operation regime.   The administration plans regarding the financial implementation of said companies includes the process of capitalization of debts and advances for future capital increase yet to be put into effect, as mentioned in explanatory note 42.   The financial statements do not include any readjustments due to these uncertainties.

 

7          The financial statements of the associated companies CEEE - D - Companhia de Estadual de Distribuição de Energia Elétrica (Electricity Distribution State Company) and CEEE - GT - Companhia Estadual de Geração e Distribuição de Energia Elétrica (Electricity Distribution and Generation State Company), regarding the fiscal year finished

            on December 31st, 2009, have been examined by other independent accountants, who issued a report without exceptions, dating from March 5th, 2010, containing a matter of emphasis paragraph related to the acknowledgement of adjusting credits in the Result Accounts to Offset - CRC regarding complementing and supplementing the retirement of their autarchic employees, as per favorable judicial decision. Only after confirming the court expert's calculations will it be possible to determine the reflections on the financial statements, if any, as well as the realization of these credits, considering that the charging forms of these credits respect Law No. 8.631/1993.

 

57


Centrais Elétricas Brasileiras

(Brazilian Electric Centers) S.A. - Eletrobras

 

 

 

8          The financial statements of the associated company CTEEP - Companhia de Transmissão de Energia Elétrica Paulista (São Paulo's Electricity Transmission Company), regarding the fiscal year finished on December 31st, 2009, have been examined by other independent accountants, who issued a report without exceptions, dating from February 5th, 2010, containing a matter of emphasis paragraph related to the reimbursement of the expenses with the retirement complementation plan, according to Law No. 4,819/1958.   The associated company's administration, supported by its legal counsels, understands that the payment of the benefits related to this plan is solely the State Government's responsibility and, consequently, does not register any loss-related obligation or provision regarding this plan in the company's financial statement.

 

9          The financial statements of the associated company EMAE - Empresa Metropolitana de Águas e Energia (Water and Energy Metropolitan Company), regarding the fiscal year finished on December 31st, 2009, have been examined by other independent accountants, who issued a report without exceptions, dating from March 19th, 2010, containing a matter of emphasis paragraph related to the normal continuity of businesses.   The company, eliminating the extraordinary profits verified in the fiscal year 2008 (selling of energy in the scope of the Electricity Trading Chamber - CCEE and leasing operations), has been suffering continuous operating losses, factors which bring about doubts concerning the continuity of its operations.   The company's administration has been evaluating the economic/financial impacts on its business, resulting from changes introduced by the Sector Model implemented in 2004 and the recent experiences with electricity auctions. As a result of this evaluation, the administration understands that other measures will be necessary, currently being discussed between the Granting Authority (Brazilian National Electric Energy Agency - ANEEL and the Ministry of Mines and Energy) and the controlling shareholder (São Paulo's State Government, in addition to the already taken measures, so as to reduce costs and increase the company's income, allowing for the profitability of its operations and the realization of the investments made in its power generation grid, whose balance amounted to R$ 599,450 thousand on December 31st, 2009, mainly composed by the Henry Borden Hydroelectric Plant.   The financial statements were elaborated according to the financial practices adopted by companies in normal operations regime and do not include any adjustment regarding the realization and classification of assets values or the values and classification of liabilities which may be required in the instance of occasional interruption of operations.

 

58


Centrais Elétricas Brasileiras

(Brazilian Electric Centers) S.A. - Eletrobras

 

 

 

10        The examination of the financial statements from the fiscal year finished on December 31st, 2008, presented for the purpose of comparison, was conducted under the responsibility of other independent accountants, who issued a report dating from March 5th, 2008, with an exception due to the lack of presentation of reports from independent accountants regarding the financial statements of certain associated companies, whose investments were evaluated by the equity accounting method.   It was not possible, through additional audit procedures, to assess the adequacy of the amounts of these investments, as well as the equity results of R$ 1,526,447 thousand and R$ 34,969 thousand, respectively, in the fiscal year finished on December 31 st, 2008. Additionally, the following matter of emphasis paragraphs were included:

 

(a)        Controversy over the lawsuits concerning the monetary restatement of compulsory loans.

 

(b)        Uncertainty about the realization of ICMS credits, with the State of Mato Grosso, recorded in the subsidiary Furnas - Centrais Elétricas S.A..

 

(c)        Uncertainty about the use of tax credits from PIS/PASEP and COFINS regarding the examination period from 2004 to 2008 registered in  Manaus Energia S.A.'s non-current asset in compliance with the official memorandum No. 2.775/2008 - SFF/ANEEL.

 

(d)        The assumption of the continuity of operations of Manaus Energia S.A, Boa Vista Energia S.A and Companhia de Eletricidade do Acre (Acre’s Electricity Company) - Eletroacre due to losses accumulated over the preceding years and insufficiency of working capital, supported by its controlling shareholder.

 

59


Centrais Elétricas Brasileiras

(Brazilian Electric Centers) S.A. - Eletrobras

 

 

(e)        Emphasis regarding the opinion of independent accountants about CTEEP's - Companhia de Transmissão de Energia Elétrica (Electricity Transmission Company) financial statements related to the fiscal years finished on December 31st, 2007 and 2008 concerning the payment of the retirement complementation plan, governed by Law No. 4,819/1958.

 

Rio de Janeiro, March 30th, 2010

 

 

 

 

PricewaterhouseCoopers                                    

Independent Accountants                                    

CRC 2SP000160/O-5 "F" RJ

 

 

 

Sérgio Eduardo Zamora

Contador CRC 1SP168278/O-4 "S" RJ

 

 

60


Eletrobras

 

 

 

AUDIT COMMITTEE

356th Meeting

 

 

REPORT ON THE FINANCIAL STATEMENTS

31.12.2009

 

 

 

The Audit Committee of Centrais Elétricas Brasileiras S.A. - Eletrobras, in the scope of its legal and statutory attributions, acknowledged the Administration Report and carried out an examination of the Financial Statement regarding for the year ended December 31, 2009, comprised of the Balance Sheet, the Statement of Operations, the Changes in Shareholders' Equity, Cash Flows, Value Added and the Notes to the Financial Statements and their exhibits, complemented by the Independent Auditors' Report. It also includes details about the proposal related to the distribution of the year’s result.  

 

Considering the Company’s monitoring work developed by the Audit Committee throughout the year, based on the analysis of the documents presented, the information provided by the Accounting Department - DFC and the opinion issued by PricewaterhouseCoopers Auditores Independentes' report, which confirms that the Financial Statements present fairly, in all material respects, the financial position of Centrais Elétricasstates that the Financial Statements adequately represent, in all the relevant aspects, the equity and financial positions of Centrais Elétricas Brasileiras S.A. - Eletrobras, on December 31st, 2009, Eletrobras’ Audit Committee understands that the aforementioned Financial Statements are qualified to be submitted to the Company’s Shareholders Ordinary General Assembly’s  Brasileiras S.A. - Eletrobras at December 31, 2009, the Audit Committee of Eletrobras are of the opinion that the referred Financial Statements are appropriate to submit for the consideration of the Annual General Meeting of the shareholders of the Company.

 

It is also the opinion that Eletrobras’ Administration’s proposal regarding the appropriation of the 2009’s result is supported by present legal and corporate provisions.

 

 

 

Brasilia, March 30, 2010.

 

 

 

 

ÉDISON FREITAS DE OLIVEIRA

HAILTON MADUREIRA DE ALMEIDA

President

Counselor

 

 

 

 

DANILO DE JESUS VIEIRA FURTADO

ANA LUCIA DE PAIVA LORENA FREITAS

Counselor

Counselor

 

61


 

Centrais Elétricas Brasileiras SA - Eletrobras

Balance Sheets at December 31, 2009 and 2008.

(In thousands of reais)

 

 

 

 

PARENT COMPANY

C O N S O L I D A DTED

 ASSETS

2009

2008

2009

2008

 

 

 

 

 

CURRENT ASSETS

 

 

 

 

   Cash and cash equivalents

12,495,718

9,370,041

15,398,093

12,832,000

   Restricted cash

1,341,720

734,386

1,341,719

734,386

   Consumers and resellers

1,611,189

1,709,569

4,260,617

4,341,459

   Financing and loans

3,539,436

2,697,114

1,922,866

1,493,271

   Fuel Consumption Account - CCC

375,558

573,993

375,558

554,748

   Return on investments

1,483,062

1,212,966

340,607

261,093

   Rescheduled receivables

51,786

84,371

421,922

619,871

   Deferred tax assets

701,025

1,418,353

1,120,239

2,081,850

   Reimbursement rights

278,239

516,766

946,212

516,766

   Sundry Debtors

382,315

171,165

582,749

377,879

   Storeroom

1,960

1,879

859,285

759,963

   Prepaid expenses

-

-

88,176

76,874

   Others

141,943

87,306

536,922

947,497

 

22,403,951

18,577,909

28,194,965

25,597,657

 

 

 

 

 

NON-CURRENT ASSETS

 

 

 

 

LONG-TERM RECEIVABLES

 

 

 

 

   Financing and loans

25,177,898

39,537,157

9,836,412

13,467,643

   Rescheduled receivables

104,337

199,646

1,523,630

2,070,302

   Marketable Securities

682,624

613,374

687,291

617,889

   Nuclear fuel inventories

-

-

755,434

725,142

   Deferred tax assets

2,493,243

1,348,168

4,581,036

2,786,948

   Fuel Consumption Account - CCC

1,074,402

572,279

1,074,402

572,279

   Reimbursement rights

1,803,348

4,312,809

1,842,309

4,312,809

   Others

141,992

73,547

712,452

1,363,886

 

31,477,844

46,656,980

21,012,966

25,916,898

   Advances for future capital increase

9,926,015

730,281

4,000

4,027

 

41,403,859

47,387,261

21,016,966

25,920,925

 

 

 

 

 

INVESTMENTS

44,024,992

43,682,716

6,816,146

5,896,865

FIXED ASSETS

30,899

25,494

77,261,818

80,262,674

INTANGIBLE ASSETS

51,855

53,706

526,764

375,811

 

85,511,605

91,149,179

105,621,694

112,456,275

TOTAL ASSETS

107,915,556

109,727,088

133,816,659

138,053,932

 

The accompanying notes and exhibits I, II, III, IV, V and VI are an integral part of these financial statements.

 

62


 

Centrais Elétricas Brasileiras SA - Eletrobras

Balance Sheets at December 31, 2009 and 2008.

(In thousands of reais)

 

 

 

 

PARENT COMPANY

CONSOLIDATED

 

 

 

 

 

 LIABILITIES AND SHAREHOLDERS EQUITY

2009

2008

2009

2008

 

 

 

 

 

 

 

 

 

 

CURRENT LIABILITIES

 

 

 

 

    Financing and loans

230,045

192,181

998,626

1,714,611

    Compulsory loan

12,941

85,205

12,941

85,205

    Suppliers

1,509,907

1,676,071

3,471,735

2,594,567

    Advances from clients

24,108

15,381

63,400

53,159

    Taxes and social contributions

236,560

1,363,854

1,144,100

2,075,726

    Fuel Consumption Account - CCC

923,535

649,341

923,535

670,482

    Shareholders’ Remuneration Dividends payable

3,526,522

1,914,222

3,553,545

1,948,109

    Payable to the Brazilian National Treasury

76,036

72,236

76,036

72,236

    Estimated obligations

9,448

67,835

832,535

550,573

    Reimbursement obligations

1,264,046

923,344

1,264,046

923,344

    Supplementary pension

37,448

-

423,087

502,699

    Provisions for contingencies

-

-

121,526

1,481,709

    Regulatory fees

-

-

596,468

708,285

    Others

45,130

78,910

681,843

906,311

 

7,895,726

7,038,580

14,163,423

14,287,016

 

 

 

 

 

NON-CURRENT LIABILITIES

 

 

 

 

    Financing and loans

4,871,949

3,965,930

16,791,118

18,297,562

    Payable to the Brazilian National Treasury

1,344,571

2,854,201

1,344,571

2,854,201

    Global Reversion Reserve - RGR

7,656,946

7,193,770

7,656,946

7,193,770

    Compulsory loan

127,358

129,866

127,358

129,866

    Taxes and social contributions

-

943,882

1,155,410

2,713,664

  Shareholders’ Remuneration

7,697,579

-

7,697,579

-

    Decommission obligations

-

-

215,306

266,168

    Advances from clients

-

-

978,980

1,018,488

    Fuel Consumption Account - CCC

908,832

572,279

908,832

1,432,982

    Provisions for contingencies

827,685

1,009,514

2,302,017

1,695,556

    Supplementary pension

101,472

-

2,000,398

1,567,002

    Provision for unsecured liabilities of subsidiaries

53,660

353,921

-

-

    Others

337,993

46,784

2,177,792

746,628

MINORITY INTEREST

23,928,045

17,070,147

43,356,307

37,915,887

PARTICIPATION OF NON-PARENT COMPANY SHAREHOLDERS

-

-

205,144

232,668

SHAREHOLDERS EQUITY

 

 

 

 

    Capital stock

26,156,567

26,156,567

26,156,567

26,156,567

    Capital reserves

26,048,342

26,048,342

26,048,342

26,048,342

    Revaluation reserves

179,427

196,906

179,427

196,906

    Revenue reserves

19,009,667

28,900,908

19,009,667

28,900,908

    Carrying value adjustments

(15,043)

28,285

(15,043)

28,285

 

71,378,960

81,331,008

71,378,960

81,331,008

    Advances for future capital increase

4,712,825

4,287,353

4,712,825

4,287,353

 

76,091,785

85,618,361

76,091,785

85,618,361

TOTAL LIABILITIES AND SHAREHOLDERS EQUITY

107,915,556

109,727,088

133,816,659

138,053,932

 

 

The accompanying notes and exhibits I, II, III, IV, V and VI are an integral part of these financial statements.

 

63


 

Centrais Elétricas Brasileiras SA - Eletrobras

Statements of Income Years Ended December 31, 2009 and 2008.

(In thousands of reais unless otherwise indicated)

 

 

 

 

PARENT COMPANY

CONSOLIDATED

 

2009

2008

2009

2008

OPERATING REVENUES

 

 

 

 

   Electricity operations

6,710,772

10,927,053

27,099,094

31,450,764

    (-) Sector charges

-

-

(1,292,859)

(1,191,673)

    (-) ICMS (value-added tax)

-

-

(1,047,356)

(984,608)

    Corporate participation

2,727,955

382,799

1,594,739

665,533

   Other revenues

-

-

1,298,895

448,616

 

9,438,727

11,309,852

27,652,513

30,388,632

OPERATING EXPENSES

 

 

 

 

    Personnel, supplies and services

434,499

278,453

6,453,314

5,439,642

    Energy purchased for resale

7,298,919

9,572,208

6,122,533

8,832,314

    Fuel for electricity production

-

-

742,372

1,158,856

    PASEP and COFINS

43,159

160,551

1,504,665

1,464,809

    Electric grid use

-

-

1,270,463

1,101,220

    Remuneration and reimbursements

 

 

 

 

      compensation and refund

-

-

1,184,482

1,100,777

    Depreciation and amortization

6,075

6,864

2,397,874

2,339,904

    Operating provisions

1,109,291

303,994

1,516,796

1,544,091

    Itaipu’s income to offset

-

-

669,675

835,885

    Donations and contributions

183,045

153,650

237,872

217,913

    Others

65,342

150,159

904,351

495,320

 

9,140,330

10,625,879

23,004,397

24,530,731

OPERATING PROFIT BEFORE THE

 

 

 

 

FINANCIAL RESULT

298,397

683,973

4,648,116

5,857,901

FINANCIAL RESULT

(1,367,425)

7,797,423

(5,273,903)

3,383,768

OTHER (EXPENSES) AND REVENUES

-

-

(97,697)

(32,258)

OPERATING RESULT

(1,069,028)

8,481,396

(723,484)

9,209,411

PROFIT BEFORE SOCIAL CONTRIBUTION AND MINORITARY INTEREST

(1,069,028)

8,481,396

(723,484)

9,209,411

   Income tax

932,493

(1,700,759)

887,304

(2,019,608)

   Social contribution on net profit

334,061

(621,140)

309,115

(863,656)

PROFIT BEFORE PARTICIPATIONS

197,526

6,159,497

472,935

6,326,147

   Participation in the profits

(27,000)

(23,000)

(207,482)

(176,817)

   Minoritary interest

-

-

(94,927)

(12,833)

NET INCOME FOR THE YEAR

170,526

6,136,497

170,526

6,136,497

NET INCOME PER SHARE

R$0.15

R$5.42

R$0.15

R$5.42

 

 

 

The accompanying notes and exhibits I, II, III, IV, V and VI are an integral part of these financial statements.

 

64


 

Centrais Elétricas Brasileiras SA - Eletrobras

Statements of Cash Flows Years Ended December 31, 2009 and 2008.

(In thousands of reais)

 

Cash Flow Statement

 

 

2009

2008

2009

2008

 

Reclassified

Reclassified

OPERATING ACTIVITIES

 

 

 

 

Result before the Income Tax and Social Contribution

(1,096,029)

8,458,395

(723,484)

9,742,311

Adjustments to reconcile profit and the cash generated by the operations:

 

 

 

 

Depreciation and amortization

6,075

6,864

2,397,874

2,334,542

Net monetary/exchange variations

4,442,707

(3,963,453)

(2,825,479)

(7,410,438)

Financial charges

(1,927,925)

(3,412,645)

1,372,349

(2,018,629)

Equity result

(2,727,955)

(462,789)

(1,596,278)

(314,267)

Provision for unsecured liabilities

(300,261)

(521,856)

-

(521,856)

Provision for deferred taxes

-

-

-

44,650

Allowance for doubtful accounts

1,246,741

(88,369)

2,068,093

338,318

Provisions for contingencies

(99,242)

-

(121,923)

309,953

Provision for supplementary pension plan

68,623

-

281,955

61,130

Provision for assets impairment

-

-

(673,231)

770,293

Global Reversion Reserve Charges

310,998

287,640

542,516

504,606

Present value adjustment

-

-

68,285

(108,222)

Regulatory Asset/Liability

786,624

(1,319,927)

784,895

(1,338,020)

Minoritary participation in the result

-

-

(94,927)

(12,833)

Financial charges on the incidents over the Net Assets

1,422,984

1,511,755

2,495,110

3,011,670

Itaipu’s income to offset

-

-

669,675

835,885

Loss/Gain on asset disposals

-

-

290,988

86,187

Others

(90,628)

(79,358)

1,070,367

124,262

 

3,138,741

(8,042,138)

6,730,269

(3,392,069)

(Increase)/decrease in operating assets

 

 

 

 

Restricted cash

(607,333)

100,348

(607,333)

100,348

Consumers and resellers

98,382

(360,309)

80,842

(159,135)

Fuel Consumption Account - CCC

198,434

(236,717)

179,190

(189,382)

Deferred tax assets

215,205

(354,862)

832,477

399,149

Reimbursement rights

238,528

(337,306)

238,528

(337,306)

Sundry Debtors

(211,150)

119,675

(204,870)

54,660

Storeroom

-

639

(99,240)

(118,123)

Payments in advance

-

-

(11,302)

13,893

Others

(54,718)

(13,281)

410,493

(265,588)

 

(122,652)

(1,081,813)

818,784

(501,485)

Increase/(decrease) in operating liabilities

 

 

 

 

Compulsory loan

(72,264)

(11,503)

(72,264)

(11,504)

Suppliers

(166,164)

406,707

918,742

118,123

Advances from clients

8,728

(186,869)

10,241

(184,282)

Social taxes and contributions

-

-

(2,489,880)

119,932

Fuel Consumption Account - CCC

274,194

133,923

253,053

151,960

Estimated obligations

(58,387)

(10,439)

281,961

82,426

Reimbursement obligations

340,701

479,119

340,702

479,119

Regulatory fees

-

-

(111,816)

166,317

Others

46,847

45,260

(224,468)

(304,353)

 

373,653

856,198

(1,093,729)

617,739

     Cash from operating activities

2,293,713

190,641

5,731,840

6,466,496

Payment of Financial Charges

(78,062)

(79,904)

(1,058,099)

(1,586,282)

Payment of Global Reversion Reserve Charges

(741,256)

-

(945,791)

(202,838)

Receipt of Financial Charges

542,569

-

574,508

69,666

Payment of Income Tax and Social Contribution

(450,649)

(147,797)

(907,258)

(710,252)

Judicial Deposits

(1,232)

-

(431,924)

(23,453)

Net cash from operating activities

1,565,082

(37,060)

2,963,275

4,013,337

FINANCING ACTIVITIES

 

 

 

 

 Long-term loans and financing obtained

2,241,945

1,403,383

3,114,730

2,999,503

 Payment of loans and financing - principal

(221,247)

(259,768)

(797,337)

(1,066,550)

 Payment of shareholders’ remuneration

(1,102,644)

(1,045,368)

(1,132,677)

(1,224,532)

 Payment of refinancing - taxes and contributions - principal

-

-

(97,480)

(96,501)

 Global Reversion Reserve

896,445

(65,256)

825,548

(65,256)

 Others

(231,860)

207,945

1,403,821

(274,425)

Net cash from financing activities

1,582,639

240,936

3,316,605

272,239

INVESTMENT ACTIVITIES

 

 

 

 

 Concession of loans and financing

(2,721,094)

(2,776,170)

(561,732)

(1,062,135)

 Receipt of loans and financing granted

1,846,586

6,381,708

1,256,263

5,902,297

 Renegotiated energy credits received

-

-

562,266

366,426

 Acquisition of fixed assets

(83,320)

(1,406)

(4,998,588)

(4,107,586)

 Acquisition of intangible assets

-

-

(176,532)

(15,091)

 Acquisition/increase of capital in companies

(523,681)

(168,050)

(1,161,036)

(740,928)

 Receipt of return on investment in companies

1,459,495

789,113

1,359,579

744,213

 Others

(29)

(22,006)

5,994

(93,827)


 

65


 

Centrais Elétricas Brasileiras SA - Eletrobras

Statements of Cash Flows Years Ended December 31, 2009 and 2008.

(In thousands of reais)

 

 

 

Net cash from investment activities

(22,044)

4,203,189

(3,713,786)

993,369

 Increase (decrease) in cash and cash equivalents

3,125,678

4,407,065

2,566,093

5,278,946

      Cash and cash equivalents at the beginning of the year

9,370,041

4,962,976

12,832,000

7,553,055

      Cash and cash equivalents at the end of the year

12,495,719

9,370,041

15,398,093

12,832,000

 

3,125,678

4,407,065

2,566,093

5,278,945

 

The accompanying notes and exhibits I, II, III, IV, V and VI are an integral part of these financial statements.

 

66


 

Centrais Elétricas Brasileiras SA - Eletrobras

Statement of Changes in Shareholders' Equity for the years Ended on December 31, 2009 and 2008.

(In thousands of reais)

 

      REVENUE RESERVES  CARRYING 
VALUE 
ADJUSTMENTS 
RETAINED 
EARNINGS 
   
           
  SUBSCRIBED AND 
INTEGRATED
 CAPITAL STOCK 
 CAPITAL
RESERVES 
REVALUATION 
RESERVES 
 LEGAL  STATUTORY  UNDISTRIBUTED 
DIVIDENDS 
PROFIT 
RETENTION 
ADVANCES FOR
FUTURE CAPITAL

INCREASE 
TOTAL SHARE- 
HOLDERS 
EQUITY 
   
 
At December 31st , 2007  24,235,829  25,907,304  208,109  1,731,038  15,699,751  8,300,832  68,748      3,811,625  79,963,236 
Initial adjustments arising from Law No. 11.638/2007                     
 Parent Company                  (767,186)   (767,186)
   Companies evaluated by the MEP                  258,654    258,654 
Incorporation of revenue reserves  1,859,401         (1,790,653)   (68,748)      
Conversion of Compulsory Loans  61,337  141,038                  202,375 
Accumulated conversion adjustments                28,285      28,285 
Financial charges – Decree No.2.673/98            1,036,026        475,728  1,511,754 
Realization of reevaluation reserves      (11,203)           11.203   
Net income for the year                  6,136,497    6,136,497 
Appropriations of net income                     
   Constitution of reserves        306,824  3,129,614    487,476    (3,923,914)  
   Shareholders’ remuneration                  (1,715,254)   (1,715,254)
   
 
At December 31st , 2008  26,156,567  26,048,342  196,906    17,038,712  9,336,858    28.285  4,287,353  85,618,361 
           2,037,862      487,476         
Treasury shares          (879)           (879)
Accumulated translation adjustments – Itaipu                (29.790)     (29,790)
Carrying value adjustments – Invested hedge                (13.538)     (13,538)
Financial charges – Decree No. 2.673/98            926,581        425,472  1,352,053 
Reversion for payment            (10,263,439)         (10,263,439)
Realization of revaluation reserves      (17,479)           17,479   
Reversion of reserves          (161,523)   (487,476)   648,999   
Net income for the year                  170,526    170,526 
Appropriations of net income                       
   Constitution of reserves        8,527  86,968        (95,495)  
   Shareholders’ remuneration                  (741,509)   (741,509)
   
 
At December 31st , 2009  26,156,567  26,048,342  179,427  2,046,389  16,963,278  (15,043) 4,712,825  76,091,785 

67


 

STATEMENTS OF VALUE ADDED YEARS ENDED DECEMBER 31, 2009 AND 2008

(In thousands of reais)

 

 

 

 

 

 

PARENT COMPANY

CONSOLIDATED

 

12/31/2009

12/31/2008

12/31/2009

12/31/2008

 

Reclassified

Reclassified

1 - REVENUES (EXPENSES)

 

 

 

 

Sale of goods, products and services

     6,710,772

             10,927,054

   27,350,633

             30,914,772

Non-operating

                  -

                           -

         (97,697)

                  (32,258)

 

     6,710,772

             10,927,054

   27,252,936

             30,882,514

INPUTS ACQUIRED FROM THIRD PARTIES

 

 

 

 

Materials, services and others

      (162,935)

                (207,671)

    (5,975,082)

             (5,302,410)

Sectoral chargers

                    -

                             -

    (1,292,859)

             (1,191,673)

Energy purchased for resale

   (7,298,919)

             (9,572,208)

    (6,122,533)

             (8,832,314)

Fuel for electric energy production

                    -

                             -

       (742,372)

             (1,158,856)

 

   (7,461,854)

             (9,779,879)

  (14,132,846)

           (16,485,253)

3 - GROSS VALUE ADDED

      (751,082)

               1,147,175

   13,120,090

             14,397,261

4 - RETENTIONS

 

 

 

 

Operating provisions

   (1,109,291)

                (303,994)

    (1,516,796)

             (1,544,091)

Depreciation, amortization and depletion

          (6,074)

                    (6,864)

    (2,397,874)

             (2,339,904)

 

   (1,115,365)

                (310,858)

    (3,914,670)

             (3,883,995)

5 - NET VALUE ADDED PRODUCED BY THE ENTITY

   (1,866,447)

                  836,317

     9,205,420

             10,513,266

6 - VALUE-ADDED RECEIVED IN TRANSFER

 

 

 

 

Equity in the results of investees

     2,727,955

                  382,799

     1,594,739

                  665,533

Financial income

     5,210,957

               5,526,192

     2,988,986

               2,864,773

 

     7,938,912

               5,908,991

     4,583,725

               3,530,306

7 - TOTAL VALUE-ADDED TO BE DISTRIBUTED

     6,072,465

               6,745,308

   13,789,145

             14,043,572

VALUE ADDED DISTRIBUTION

 

 

 

 

PERSONNEL

 

 

 

 

. Personnel, charges and fees

        277,482

                  200,973

     4,197,665

               3,532,370

. Employees’ participation in the profits

          27,000

                    23,000

        207,482

                  176,817

. Retirement and pension plan

          59,425

                    19,968

        309,539

                  138,064

 

        363,907

                  243,941

     4,714,686

               3,847,251

TAXES

 

 

 

 

. Taxes, fees and contributions

   (1,223,395)

               2,482,450

        308,246

               4,348,073

THIRD PARTIES

 

 

 

 

. Financial charges and rents

     6,578,383

             (2,271,230)

     8,262,888

                (518,995)

. Donations and contributions

        183,044

                  153,650

        237,872

                  217,913

 

     6,761,427

             (2,117,580)

     8,500,760

                (301,082)

SHAREHOLDERS

 

 

 

 

. Dividends and interest on equity

        741,509

               1,715,254

        741,509

               1,715,254

. Participation of non-parent company shareholders

                    -

                             -

          94,927

                    12,833

. Retained earnings

      (570,983)

               4,421,243

       (570,983)

               4,421,243

 

        170,526

               6,136,497

        265,453

               6,149,330

 

     6,072,465

               6,745,308

   13,789,145

             14,043,572

 

68


Eletrobras

 

 

NOTES TO THE FINANCIAL STATEMENTS

AT DECEMBER 31, 2009 AND 2008

(PARENT COMPANY AND CONSOLIDATED)

(In thousands of reais)

 

 

 

NOTE 1 - OPERATIONS

 

I - General Information

 

Eletrobras is an open capital company, headquartered in Brasilia - DF - Setor Comercial Norte, Quadra 4, Bloco B, 100, sala 203 - Asa Norte, registered with the Comissão de Valores Mobiliários (Brazilian Securities and Exchange Commission) - CVM and with the Securities and Exchange Commission - SEC, having shares negotiated on the São Paulo Stock Exchange (BOVESPA) - Brazil, Madrid Stock Exchange (LATIBEX) - Spain and New York Stock Exchange - United States of America.  Its objective is to carry out studies, projects, construction and operation of generating plants, electric energy transmission and distribution lines, as well as commerce operations arising from these activities.

It also has as an objective the granting of financing, providing guarantees, in Brazil and abroad, to public utility companies in the electric energy sector, under its share control and to technical/scientific research entities; to promote and support research that may be interesting to the electric energy sector, especially those connected to the generation, transmission and distribution activities, as well as conducting studies on the use of hydrographic basins for multiple use; to contribute to the development of the technical personnel necessary to the Brazilian energy, as well as the preparation of qualified workers, via specialized courses, and it may also support national schools or grant scholarships abroad and enter into covenants with entities that collaborate with the development of specialized technical personnel; to collaborate, technically as well as administratively, with the companies in which it has a corporate interest and the Ministry of Mines and Energy.

 

II - Equity Holdings

 

The Company acts as a holding company, managing investments in corporate holdings, maintaining direct share control over seven energy generation and/or transmission companies: (Furnas Centrais Elétricas S.A. - Furnas, Centrais Elétricas do Norte do Brasil S.A. - Eletronorte, Amazonas Energia - AME, Companhia Hidro Elétrica do São Francisco - Chesf, Centrais Elétricas S.A  - Eletrosul, Eletrobras Termonuclear S.A. - Eletronuclear, and Companhia de Geração Térmica de Energia Elétrica - CGTEE) and four electricity distribution companies: Companhia de Eletricidade do Acre - Eletroacre, Centrais Elétricas de Rondônia - Ceron, Companhia Energética de Alagoas - Ceal and Companhia Energética do Piauí - Cepisa.

 

The Company also controls Eletrobras Participações S.A. - Eletropar and, in a joint control regime, Itaipu Binacional, under the terms of the International Treaty entered into by the Governments of Brazil and Paraguay.

 

The Company indirectly controls the company Boa Vista Energia, wholly controlled by Eletronorte, which operates in the generation and distribution of electric energy in the State of Roraima.

 

 

III - Business Abroad

 

On April 7, 2008, Law No. 11.651 was published, authorizing Eletrobras, directly or through its subsidiaries or subsidiaries, to invest in other companies, with or without the transfer of resources, in order to form business consortiums or to participate in corporations, with or without control, abroad, direct or indirectly linked to the exploration of electric energy production or transmission.

 

IV - Sector Resources Management

 

The Company is also responsible for the management of sector resources, represented by the Global Reversion Reserve - RGR, Energy Development Account - CDE, Use of Public Asset - UBP and Fuel Consumption Account - CCC. These funds finance the Federal Government’s programs for electricity universal access to electric energy, public lighting efficiency, the incentive of alternative electric energy sources, electric energy preservation and acquisition of fossil fuel, used in the isolated systems of electric energy generation, whose financial activity does not affect the result of the Company.

 

69


Eletrobras

 

 

 

NOTE 2 - ELECTRIC ENERGY PUBLIC UTILITY CONCESSIONS

 

The Company, via subsidiaries, holds several electric energy public utility concessions, whose details, installed capacity and maturity terms are listed below (see Note 17 and Exhibit IV and IVa): 

 

I - Electric Energy Generation

 

 

 

RIVER (*)

 

CAPACITY (in MW) (*)

 

MATURITY

 

 

 

 

 

 

 

IN OPERATION

 

 

 

 

 

 

 

 

 

 

 

 

 

HEP Furnas

 

Grande

 

1,216

 

07/2015

HEP Estreito

 

Grande

 

1,050

 

07/2015

HEP Marimbondo

 

Grande

 

1,440

 

03/2017

HEP Itumbiara

 

Paranaíba

 

2,082

 

02/2020

HEP Serra da Mesa

 

Tocantins

 

618

 

05/2011

HEP Luiz Gonzaga

 

São Francisco

 

1,479

 

10/2015

HEP Xingó

 

São Francisco

 

3,162

 

10/2015

HEP Sobradinho

 

São Francisco

 

1,050

 

02/2022

HEP Tucuruí

 

Tocantins

 

8,370

 

07/2024

HEP Complexo Paulo Afonso

 

São Francisco

 

3,880

 

10/2015

HEP Santa Cruz

 

-

 

932

 

07/2015

Other generating concessions

 

-

 

5,166

 

Until 2035

 

 

 

 

 

 

 

IN CONSTRUCTION

 

 

 

 

 

 

 

 

 

 

 

 

 

HEP Simplício

 

Paraíba do Sul

 

334

 

08/2041

HEP Baguari

 

Doce

 

140

 

08/2041

HEP Batalha

 

São Marcos

 

53

 

08/2041

 

 

 

 

30,972

 

 

(*) Unaudited

 

The total installed capacity of the Eletrobras System’s plants, considering Itaipu Binacional and Eletronuclear, is around 39,453 MW. The electric energy generation takes into account the following assumptions:

 

a) the existence of periods, both during the day and year, in which there is a higher or lower demand for energy in the system for which the plant, or generation system, is dimensioned;

 

b) the existence of periods in which the machines are removed from operation for maintenance purposes, be it preventive or corrective, and

 

c) hydric availability of the river where it is located.

 

The production of electric energy in the plants is a function of the Planning and Programming Operation for Electric Energy, with scopes and details that range from the yearly to the daily and hour  by levels, currently elaborated by the National Operator of the Electric System - ONS, which defines the amounts and the generation origin necessary to supply the Country’s demand in an optimal way, based on the hydric availability of hydrographic basins and operating machines, as well as the generation cost and the transmission feasibility of this energy through the interconnected electricity transmission system.

 

II - Electric Energy Transmission

 

Eletrobras System’s transmission capacity is shown below:

 

 

 

LINES (in Km) (*)

 

SUBSTATIONS (*)

 

MATURITY

 

 

 

 

 

 

 

Furnas

 

19,348

 

47

 

07/2015

Eletronorte

 

10,374

 

59

 

07/2015

Chesf

 

18,939

 

83

 

06/2037

Eletrosul

 

10,369

 

36

 

07/2015

Amazonas Energia

 

860

 

22

 

07/2015

 

 

59,890

 

247

 

 

(*) Unaudited

 

70


Eletrobras

 

 

III - Electric Energy Distribution

 

Company

 

Geographic Region

 

Cities Assisted (*)

 

Concession Term

Eletroacre

 

State of Acre

 

25

 

2015

Ceron

 

State of Rondônia

 

52

 

2015

Ceal

 

State of Alagoas

 

102

 

2015

Cepisa

 

State of Piauí

 

224

 

2015

Amazonas Energia

 

State of Manaus

 

62

 

2015

Boa Vista

 

State of Roraima

 

1

 

2015

(*) Unaudited

 

NOTE 3 - PRESENTATION OF THE FINANCIAL STATEMENTS

 

The Financial Statements, parent company and consolidated, are the responsibility of the Company’s administration and are being presented in accordance with accounting practices adopted in Brazil, based on the provisions of Brazilian Corporation Law - Law No. 6,404/1976 and its subsequent changes, in compliance with the Pronouncements made by the Accounting Pronouncements Committee - CPC valid for the present reference date and the pronouncements of the Federal Accounting Council - CFC, the rules of the Brazilian Securities Provision - (CVM) and the National Agency for Brazilian Electric Energy - ANEEL.

 

 

As determined by CVM 565, of December 17, 2008, which approves the Technical Pronouncement CPC 13, as from the year ended December 31, 2008, the Company started adopting Law No. 11,638/2007 and the Provisional Measure No. 11,651/2009, converted into Law No. 11.941, of May 27, 2009. The Company adopted January 1, 2008 as the transition date.

 

At this time, until there is further classification regarding the practical application of the aforementioned technical instruction, the Company understands that it is not possible to assess and quantify the eventual effects on the Financial Statements with reasonable accuracy.

 

The Accounting Pronouncements Committee issued, and CVM approved, during the year 2009, several accounting pronouncements aligned with the International Accounting Standards issued by the International Accounting Standards Board - IASB. The pronouncements and interpretations of the related standards below are mandatory for the fiscal years started as of January 1st, 2010. In addition to these, other pronouncements and interpretations were published that change the accounting practices adopted in Brazil, within the process of convergence with the international standards. The standards below are only those which may impact the Company’s financial statements. In the terms of these new standards, the total amounts for 2009, presented, must be re-presented for comparative purposes along with the financial statements for the year ending December 31st, 2010. The Company did not elect early adoption of these standards for the fiscal year ended on December 31, 2009.

 

a)         Pronouncements

 

.    CPC 15 - Business Combination

.    CPC 16 - Inventories

.    CPC 17 - Construction Contracts

.    CPC 18 - Investments in Associated Companies

.    CPC 19 - Investments in Joint Ventures

.    CPC 20 - Borrowing Costs

.    CPC 21 - Interim Financial Reporting

.    CPC 22 - Segment Information

.    CPC 23 - Accounting Policies, Change in Accounting Estimates and Correction of Errors

.    CPC 24 - Subsequent Events

.    CPC 25 - Provisions, Contingent Liabilities and Assets

.    CPC 26 - Presentation of Financial Statements

.    CPC 27 - Property, plant and Equipment

.    CPC 30 - Revenues

.    CPC 31 - Non-current Assets Held for Sale and Discontinued Operation

.    CPC 32 - Taxes on Profit

.    CPC 33 - Employee Benefits

.    CPC 35 - Separate Financial Statements

71


Eletrobras

 

 

.    CPC 36 - Consolidated Financial Statements

.    CPC 37 - First-time Adoption of International Financial Reporting Standards

.    CPC 38 - Financial Instruments: Recognition and Measurement

.    CPC 39 - Financial Instruments: Presentation

.    CPC 40 - Financial Instruments: Disclosure

 

(b)        Interpretations

 

.    ICPC 01 - Service Concession Agreements

.    ICPC 03 - Complementary Aspects of Leasing Operations

.    ICPC 07 - Distribution of Dividends in kind

.    ICPC 08 - Accounting Proposed Dividends

.    ICPC 09 - Individual, Separate Consolidated Financial Statements and Application of the Equity Accounting Method

.    ICPC 10 - Classification of CPC 27 and CPC 28

.    ICPC 11 - Transfer of Assets from Clients

.    ICPC 12 - Changes in Existing Liabilities for Decommissioning, Restoration and Similar Matters

 

The technical interpretation ICPC-01 establishes the general principles on the recognition and measurement of obligations and the respective contract rights of the concession.  According to ICPC 01, the remuneration received or receivable by the concessionary must have its fair value registered, corresponding to the right over a financial and/or intangible asset, for the Transmission and Distribution segments.  

 

Considering the comprehensive complexity of the changes required by the aforementioned technical interpretation, the Company is assessing the impact on its Financial Statements, while attending the discussions and debates about the theme, especially by the accounting bodies and associations and the regulating bodies, which will possibly manifest themselves about aspects for application of the technical instruction.

 

The current Financial Statements were approved by the Board of Executive Officers on March 25, 2010 and forwarded to the Board of Directors.

 

The Provisional Measure No. 11,651/2009 also introduced the Transition Tax Regime - RTT, establishing the treatment of income tax effects over the effects arising from the introduction of the new Brazilian financial legislation.

 

The Company is in the process of evaluating the potential effects related to these pronouncements, interpretations and orientations, which may have a relevant impact on the Financial Statements.

 

NOTE 4 - DESCRIPTION OF THE SIGNIFICANT ACCOUNTING PRACTICES ADOPTED

 

The financial practices adopted in the preparation of these Financial Statements of the parent company and the consolidated companies are listed below:

 

I - GENERAL

 

a) Cash and Cash Equivalents

 

Cash and Cash Equivalents include cash, bank deposits, and short-term investments with highly liquidity and original maturities of three months or less, which are readily convertible into known amounts of cash and are subject to immaterial risk of change in value.

 

b) Financial Instruments

 

Classification and measurement

 

The Company classifies its financial assets using the following categories: measured at fair value through profit or loss, loans and receivables, maintained until maturity and available-for-sale. The classification depends on the purpose for which the financial assets were acquired. The administration determines the classification of its financial assets at the time they are initial recorded.

 

72


Eletrobras

 

 

Financial assets measured at fair value through profit or loss

 

The financial assets measured at fair value through profit or loss are maintained for active and frequent trading. The derivatives are also categorized as maintained for trading and, therefore, are classified in this category, unless they have been designed as hedge instruments. The assets in this category are classified as current assets. The gains or losses arising from variations in the fair value of financial assets measured at fair value through profit and loss are presented in the Statement of Income in the ‘Financial Result’ in the period they occur, unless the instrument has been contracted in connection with another instrument. In this case, the variations are recognized in the same line item as that affected by this other instrument.

 

Loans and receivables

 

Loans granted and receivable which are non-derivative financial assets with fixed or determined payments, not quoted in an active market. They are included as current assets, except those with maturity over 12 months after the balance sheet date (these are classified as non-current assets). The Company’s loans and receivables comprehend loans to associated companies, accounts receivable from clients, other receivable accounts and cash and cash equivalents, except the short-term investments. The loans and receivables are recorded at amortized cost, based on the effective interest rate method.

 

Assets held to maturity

 

Financial assets that may not be classified as loans or receivables for being valued in an active market. In this case, these financial assets are acquired with the intention and financial ability of being held until maturity. They are recorded at the acquisition cost, plus accrued earnings, under the effective interest rate method recorded in results for the year.

 

Fair value

 

The fair values of investments with public by - available quotations are based on the current purchase prices. For the financial assets without an active market or public quotation, the Company establishes the fair value through valuation techniques. These techniques include the use of recent operations agreed upon with third parties, reference to other instruments that are substantially similar, analysis of discounted cash flows and pricing models of options that make the best use possible of information generated by the market and rely as little as possible upon information generated by the entity’s own administration.

 

The Company evaluates, at the balance sheet date, whether there is objective evidence that a financial asset or group of financial assets is registered at a value above its impairment.  If there is any evidence for the financial assets available for sale, the cumulative loss - measured as the difference between the acquisition cost and the current fair value, minus any impairment loss of this financial asset previously recognized in the result - is removed from the equity and recognized in the Statement of Income.

 

Derivative instruments and hedge activities

 

Initially, the derivatives are recognized at fair value on the date a derivatives agreement is entered into and, subsequently, are remeasured to their fair value, with the fair value variations included in the result, except when the derivative has been designed as a cash flow hedge instrument.  

 

(The fair value of the derivative instruments is disclosed in Note 44).

 

c) Accounts Receivable and Allowance for Doubtful accounts

 

The accounts receivable from clients (consumers and resellers) are composed of credits arising from electricity provision and supply, including those related to energy negotiated in the scope of the Electricity Trading Chamber - CCEE.  

 

73


Eletrobras

 

 

They are recognized at their acquisition cost less an allowance for doubtful accounts, constituted based on an analysis of realization risks, at an amount considered sufficient by Company’s administration to cover eventual losses (See Exhibit I). The amount of the allowance is the difference between the book value and the recoverable value.

 

The accounts receivable are normally settled within a period of up to 45 days, the reason why the book value substantially represents the fair values at the year end. 

 

d) Judicial deposits

 

The deposits are monetarily restated and presented as a deduction from the corresponding liability when they can be redeemed only upon a favourable outcome for the entity in the dispute redemption of deposits, unless a closing of the issue favouring the company takes place.

 

e) Financing and Loans Granted

 

The financing and loans granted  (See Exhibit II) and their respective charges appropriated up to the Balance Sheet date are updated according to the monetary or exchange rate variances.

 

f) Investments in Subsidiary and Associated Companies

 

The investments in subsidiary and associated Companies are recorded and evaluated on the equity accounting method, recognized in the result of the year as operating expense (or income). In the event of exchange variation on investments abroad, with a functional currency different from that of the Company, changes in the investment’s value arising exclusively from exchange variation are recorded in the ‘Carrying Value Adjustment’, in the Company’s Shareholders' Equity. For purposes of calculating equity in the results, gains or transactions to be executed between the Company and its associated and equivalent companies are eliminated in proportion to the Company’s investment; unrealized losses are also eliminated, unless the transaction provides evidence of impairment of the asset transferred.

 

When necessary, the accounting practices of the subsidiary and associated companies are adjusted to be consistent with the practices adopted by the Company.

 

When the Company’s interest in the accumulated losses of associated and subsidiaries is equal to or exceeds the investment value, the Company does not recognize additional losses, unless it has assumed obligations or made payments on behalf of these companies.  In these cases, the interest in these losses is recorded as ‘Provision for net capital deficiency' (Note 30).

 

g) Transactions in foreign currency

 

The balances of the monetary items in foreign currencies are translated into reais using the exchange rates on the balance sheet date.

 

For non-monetary items valued at cost, these are translated at the exchange rates on the transaction dates and for non-monetary items valuated at fair value, the base is the exchange rate from the date the value was determined.

 

The gains and losses arising from exchange rate fluctuations verified on the settlement of operations and the translation of monetary assets and liabilities from foreign currencies into reais are recognized in the results of operations.

 

h) Intangible

 

The expenditure inherent with the obtention of incorporeal assets are recognized as intangible assets. The expenses associated with software maintenance are recognized, when incurred, as expenses of the year.

 

74


Eletrobras

 

 

i) Expenses with Studies and Projects

 

The amounts spent on studies and projects, including feasibility and hydroelectric utilization and transmission lines inventories, are recognized as operating expenses when incurred, until the economic feasibility of their exploration or the granting of the concession or authorization are effectively proved.  From the concession and/or authorization for the exploration of the public utility electric energy, or the confirmation of the project's economic feasibility, the expenses incurred become capitalized as project development cost.

 

j) Impairment of assets

 

The Company’s administration and its subsidiaries evaluate, yearly or whenever any circumstance so determines, the recovery of the book value of their assets. In the case there is evidence that recovery is impossible, the Company’s administration and its subsidiaries will appraise the impairment of these assets. When the residual book value of the asset exceeds its recoverable value, a decrease in the balance of this asset is recognized (impairment). The loss corresponding to the impossibility of recovery of the cash-generating unit is recognized in the result of the year.

 

When it is not possible, or when it is impracticable, to individually appraise the impairment of an asset, the Company and its subsidiaries will calculate the estimate amount for the recovery of the cash generating unit to which the asset belongs. In the valuation of the fair value, future estimated cash flows are used, discounted at present value by a discount rate prior to the taxation that reflects the market conditions, the current money value and risks related to the asset.

 

The cash generating unit’s impairment may be reviewed and, in case it increases in the future, the provision for losses in the recovery of assets recognized in the past is reverted, totally or partially, having an effect on the result of the year in which the recovery was verified, adjusting the asset's book value to its new and likely recovery value, limited to its original book value.

 

The recoverable amount, identified by the Company’s administration and its subsidiaries corresponds to the fair value of the cash generating unit.

 

k) Financing and Loans

 

The financing and loans obtained are recognized at fair value, upon receipt of funds, net of transaction costs, and start being presented at amortized cost, that is, plus charges, interest and monetary and/or exchange variations, in proportion to the period elapsed, to the balance sheet date, Exhibit V.

 

l) Income Tax and Social Contribution on Net Income

 

The Company Income Tax - IRPJ is calculated by the annual real profit regime, using a 15% tax rate and an additional 10% on the real profit, as defined by the applicable tax legislation. The Social Contribution on Net Income - CSLL is calculated at the rate of 9% on the profit, adjusted to the terms of the applicable legislation.

 

The deferred income tax and the social contribution are calculated on the tax losses and social contribution negative base as well as the corresponding timing differences in the tax and social contribution calculation bases. The rates of these taxes, currently defined for determining these deferred credits, are 25% for income tax and 9% for social contribution (Note 25).

 

Deferred tax assets are recognized to the extent that the future tax profit is likely to be available for use in the compensation of the temporary differences and/or tax losses and negative base, based on the future of projection results elaborated and based on internal assumptions and future economic scenarios that may, therefore, undergo changes.

 

m) Financial Income and Expenses

 

Composed mainly of interest and monetary/exchange variations arising from financial investments, granted and obtained loans and financing and operations using financial instruments.

 

75


Eletrobras

 

 

n) Post-Employment Benefits

 

The liability related to the defined benefit pension plans is the current benefit obligation amount, defined at the balance sheet date, less the market value of the plan's assets, adjusted by actuarial gains and losses and costs of past services. The defined benefit obligation is calculated yearly by independent actuaries by using the projected unitary credit method. The future cash outflow estimate is discounted to its present value by using government bonds interest rates whose maturity term is close to the terms of the related liability.

 

The actuarial gains and losses arising from changes in actuarial assumptions and amendments to the pension plans are appropriate or credited to the result by the average remaining service time of the related employees.

 

For the defined contribution plans, the Company pays contributions to public or private administration pension plans on a compulsory, contractual or voluntary basis. As soon as the contributions have been made, the Company has no additional payment-related obligations. The regular contributions comprehend the net periodic costs from the period in which they are due and, therefore, are included in the personnel costs.

 

For other post-retirement obligations, the expected costs of these benefits are accrued for the duration of the employment bond, using an accounting methodology similar to that of the defined benefit pension plans. These obligations are evaluated yearly by independent actuaries.

 

The dismissal benefits are paid whenever an employee is terminated before the normal date of a retirement or whenever and employee accepts voluntary dismissal in exchange for these benefits. The Company and its subsidiaries recognize the dismissal benefits when they are clearly committed to the termination of the employment of employees, according to a formal and detailed plan without possibility of desistance by the Company with the concession of voluntary dismissal benefits.

 

o) Provisions for Contingencies

 

The provisions are recognized when a past event may generate a future obligation, with probability of a resources outflow and their value can be accurately estimated.  This way, the value constituted as a provision is the best settlement estimate of a likely obligation on the date of the financial statements, taking into account the related risks and uncertainties.

 

p) Financial Estimates

 

Financial estimates are those arising from the application of subjective and complex judgments by the Company’s administration and its subsidiaries, frequently arising from the need to recognize important impacts in order to adequately demonstrate the equity and result positions of the entities.  The financial estimates become critical as the number of variables and assumptions affecting the future condition of these uncertainties increases, rendering judgments even more subjective and complex.

 

When preparing the current Financial Statements of the Company and its subsidiaries, the administration adopted estimates and assumptions based on historical experience and other factors that it understands as reasonable and relevant to its adequate presentation. Even though these estimates and assumptions are permanently monitored and revised by the Company’s and its subsidiaries’ Administrations, the materialization on the book value of assets and liabilities and the result of operations is inherently uncertain, due to the use of judgment.

 

As far as the financial estimates evaluated as being the most critical are concerned, the Company’s and its subsidiaries’ Administrations base their judgments on future events, variables and assumptions, as follows:

 

I) Deferred Tax Assets - the method used for determining and recording the IRPJ and CSLL liabilities is applied for determining the deferred IRPJ and CSLL generated by temporary differences between the book value of assets and liabilities and their respective tax values and values for compensation of tax losses and negative CSLL bases. Deferred tax assets and liabilities are calculated and recognized by using the tax rates applicable to the taxable profit in the years in which these temporary differences should be realized. The future taxable profit may be higher or lower than the estimates considered by the administration when the need to register or not the deferred tax asset amount was defined.

 

76


Eletrobras

 

 

II) Provision for reducing the value of long duration assets due to impartment  - the Company's and its subsidiaries' Administrations adopt variables and assumptions in tests to determine the value of long duration assets so as to determine the impairment of assets and the recognition of impairment, when necessary. In this practice, judgments based on historical experience with asset management, groups of assets or cash-generating units, which may occasionally not be verified in the future, are applied, even concerning the estimated economic useful life of its long duration assets, which represents the practices determined by ANEEL applicable to the assets linked to the concession of the public utility for electric energy, which may vary due to the periodic analysis of economic useful life of assets, in force. Many inherently uncertain events also impact the determination of variables and assumptions used by the administration to determine the discounted future cash flow, for purposes of recognition of the impairment of long duration assets. Among these events, it is worth emphasizing the maintenance of the electric energy consumption levels, national economic activity growth rate, availability of hydric resources, in addition to those inherent to the expiration of the electricity public utility for electric energy concession terms held by the Company’s subsidiaries, especially regarding the value of its reversion at the end of the concession term. For this, the contractually foreseen indemnification assumption was adopted by the administration, when applicable, by the existing residual book value at the end of the electric energy generation, transmission and distribution concession term.

 

Therefore, the future real results of the financial estimates used in these Financial Statements may be different, under variables, assumptions and conditions different from those existing and used at the time the judgment was made.

 

q) Interest on Capital - JCP

 

For share and accounting purposes, the interest on capital is presented in shareholders' equity, observing the specific tax legislation which determines that the JCP transit through result accounts.

 

The JCP imputed in the dividends of the year is calculated having a percentage of the shareholders' equity as a limit, using the Long-term Interest Rate - TJLP, established by the Brazilian Government, as per legal requirement, limited to 50% of the net profit of the year or 50% of the profit reserves, before including the profit of the year itself, whichever is higher.

 

r) Current and Non-current Assets and Liabilities

 

The assets are recorded at their realizable value and the liabilities, by their known or calculable amounts, plus incurred charges, when applicable. The realizable rights and the obligations due 12 months after the date of the Financial Statements are considered non-current.

 

s) Recognition of the Results of the Year

 

The results of the year are determined on the accrual basis.

 

The tax incentives for income tax of the subsidiaries’ are recorded in the result of the year as a reduction of the income tax, as per Pronouncement CPC 07. The portion of the profit arising from these tax incentives was totally appropriated to the Revenue Reserve Tax Incentives Reserve and excluded from the calculation base of the mandatory dividend, in compliance with Article 195-A of Law No. 6.404/1976, which can only be used for the increase of capital or occasional absorption of losses.

 

t) Participation in the profits

 

The recognition of this participation is usually made at the end of the year, when the amount can be accurately determined by the Company.

 

u) Carrying value adjustments - the Company recognizes, under this item, the effect of exchange variations on the investments in subsidiaries abroad held by the Company, directly and indirectly. This accumulated effect will be reversed to the result of the year as a gain or loss only in the event of investment being transferred or sale. Under this item, the gains and losses unrealized in derivative financial instruments are also considered until the moment they are realized as well as those related to the effect of the net investment hedge (Note No. 11).

 

77


Eletrobras

 

 

II - ELECTRIC SECTOR PRACTICES

 

a) Depreciation of the Fixed Assets in Operation

 

The yearly depreciation rates are calculated according to ANEEL’s Instruction No. 44, of March 17, 1999. The depreciation is calculated by the straight-line method. (see Note 17 and Exhibits IV and IV.a.).

 

b) Fixed Assets in Progress

 

According to the Electricity Public Utility Accountancy Manual, interests and other financial charges, related to loans obtained from third parties, effectively applied in constructions in progress, are registered as part of the construction costs.

 

General administrative expenses are allocated to the fixed asset in progress. The allocation of direct costs with personnel and third parties services is allowed based on criteria established by the Regulating Agency (see Note 17 and Exhibits IV and IVa).

 

c) Fixed Assets

 

These are stated at acquisition or construction cost, plus capitalized interest during the construction period, when applicable.

 

The assets are subject to depreciation, observing their estimated economic useful life. The depreciation is calculated by the straight-line method, according to the rates disclosed on Note 17. Land is not depreciated.

 

For the assets linked to the public utility electric energy concession, the Company will follow the economic useful life estimate defined by ANEEL.

 

Gains and losses on transfers are determined by the comparison between the transfer values and the book value and are included in the result for the fiscal year.

 

d) Obligations Linked to the Concession

 

Obligations are registered to compensate the contributions received from the Union and consumers exclusively for the investment in the electricity distribution grid. The obligation is recorded as a reduction of the fixed assets, being, at the end of the concession, compensated against the corresponding assets, including those acquired through the contributions received from the Union and the consumers. The public utility concession term is determined by ANEEL (see Note 17 and Exhibits IV and IVa).

 

e) Storeroom

 

The storeroom materials, classified under current assets, are registered at average acquisition cost and those destined to the construction of the fixed assets are classified under non-current - fixed assets, at the acquisition cost. The recorded amounts do not exceed their replacements costs or realization values.

 

f) Values Arising from the Electricity Sector General Agreement

 

As established by ANEEL’s Resolution 72, of February 7, 2002, under the item consumers and resellers, the value regarding the Extraordinary Tariff Adjustment - RTE is presented, defined by Resolution 91, of the Electricity Crisis Management Chamber - GCE, of December 21, 2001, and Law No. 10.438, of April 26, 2002 (see note 13);

 

78


Eletrobras

 

 

g) Decommission Obligations

 

As foreseen in ANEEL’s Accounting Manual, throughout the economic useful life of thermonuclear plants, a provision is constituted aiming at allocating, in the respective period of operation, the costs to be incurred with their technical-operational deactivation, at the end of their useful life, estimated at 40 years.

 

The values are appropriate to the result of the year at present value, based on yearly quotas fixed in US dollars, at the ratio of 1/40 of the estimated expenses, immediately registered and converted at the exchange rate at the end of each accrual period. The liability related to the decommission is maintained updated at the US dollar variation (see Note 31);

 

h) Nuclear Fuel Inventories

 

The concentration of stocked uranium, the corresponding services and the nuclear fuel elements available in the core of the reactor and in the pool meant for used elements - PCU are registered at acquisition cost.

 

The consumption of nuclear fuel elements is appropriated to the result of the year due to their use in the energy generation process (see Note 14).

 

i) Programmed Stoppages

 

The costs incurred before and after the programmed stoppages are appropriate to the result.

 

j) Fuel Consumption Account - CCC

 

In the terms of Law No. 8.631, of March 4, 1993, Eletrobras administers the values related to the tax payments made by the public utility electric energy concessionaires, for credit in the Fuel Consumption Account - CCC, corresponding to the yearly quotas meant for the expenses with fuels for electric energy generation. The values registered in current assets, in compensation for the current liability, correspond to the availability of resources, maintained in a linked bank account, and the quotas not paid by the concessionaires.

 

k) Global Reversion Reserve - RGR

 

The withdrawals made by Eletrobras from the RGR, to provide loans and financing to electric energy concessionaires, are recorded as liabilities. These withdrawals are subject to interest of 5% a year.

 

l) Compulsory Loan

 

This is registered at the principle value, plus monetary adjustment, based on IPCA-E and a yearly 6% interest rate (see Note 22).

 

 

III - ITAIPU BINACIONAL’S SPECIFIC FINANCIAL PRACTICES

 

Itaipu Binacional follows the financial practices generally accepted in Brazil and Paraguay, observing the specific provisions established in the International Treaty, entered into by the Governments of Brazil and Paraguay on April 26, 1973, which governs the Subsidiary Jointly. The main provisions are described below:

 

a) Depreciation of its facilities is not reconded due to the fact that its revenue is calculated based on liability charges and it is not an Electricity Service Cost item, as defined in Exhibit C of the International Treaty;

 

b) the accumulated results do not integrate the Shareholders' equity and are allocated under the item Results to Offset, transferred to the fixed assets; and

 

c) the remuneration on the capital of shareholders’ does not take the realization of profits into account, being presented as an operating expense in the result.

 

79


Eletrobras

 

 

NOTE 5 - CONSOLIDATION PROCEDURES

 

I) The Consolidated Financial Statements reflect the balances of assets and liabilities at December 31, 2009 and 2008, and of operations for the years ended on these dates, of the parent company and its directly, indirectly and jointly held subsidiaries. The Financial Statements prepared in the subsidiaries functional currency are converted into the presentation currency in Brazil, for the purposes of equity accounting and consolidation of the financial statements and include the following companies, besides Eletrobras:

 

 

 

Eletrobras’ Participation

 

 

2009

 

 

Direct

 

Indirect

Furnas

 

99,54%

 

-

Chesf

 

99.45%

 

-

Eletrosul

 

99.71%

 

-

Eletronorte

 

99.03%

 

-

Eletronuclear

 

99.81%

 

-

Itaipu Binacional (*)

 

50.00%

 

-

CGTEE

 

99.94%

 

-

Eletropar

 

81.61%

 

-

Ceron

 

99.96%

 

-

Ceal

 

75.16%

 

-

Cepisa

 

98.56%

 

-

Eletroacre

 

93.29%

 

-

Amazonas Energia (**)

 

100.00%

 

-

Boa Vista Energia (***)

 

-

 

100.00%

SC Energia(****)

 

-

 

100.00%

RS Energia(****)

 

-

 

100.00%

Consórcio Cruzeiro do Sul Energética(*****)

 

-

 

49.00%

FIDC Furnas I (******)

 

-

 

100.00%

FIDC Furnas II (******)

 

-

 

100.00%

(*)          - Subsidiary jointly with ANDE (Paraguay).

(**)        - Former Manaus Energia

(***)      - Indirect participation through Eletronorte

(****)     - Indirect participation through Eletrosul

(*****)   - Indirect participation through Eletrosul and Eletronorte

(******) - Indirect participation through Furnas.

 

II) The Balance Sheets and the Financial Statements of the years ended December 31, 2009 and 2008 of the consolidated companies are summarized in Exhibit VI.

 

III) Main consolidation policies:

 

a)  Elimination of investor's investment in investees and corresponding entity to is interest in the respective shareholders' equity.

 

b)   Elimination of intercompany balances receivable and payable;

 

c)   Elimination of intercompany revenues and expenses;

 

d)   Participation of other minoritary shareholders in consolidated investees is highlighted in consolidated non-current liabilities and net income; and

 

e)   In view of the non-existence of unrealized income in intercompany operations, the net income (loss) and shareholders equity of the parent company are equal to the consolidated result.

 

IV) Consolidation procedures of jointly - controlled subsidiary Itaipu Binacional

 

a)   Itaipu Binacional’s Financial Statements are originally prepared in US dollars (functional currency). The assets and liabilities were translated into reais, at the exchange rate on December 31, 2009 - US$ 1,00 - R$ 1,7412, disclosed by the Brazilian Central Bank (December 31, 2008 - US$ 1,00 - R$ 2,3370), and income accounts, at the average monthly rate;

 

b)   The income to offset from Itaipu Binacional is shown in the consolidated fixed assets;

 

c)   The interest on capital paid by Itaipu Binacional, is recorded as income in the parent company and is eliminated on consolidation; and

 

80


Eletrobras

 

 

d)   All the income generated by Itaipu Binacional in the consolidation is eliminated through the item Income Offset from Itaipu Binacional.

 

For analysis purposes only, below is the summary of the Balance Sheet and the Statement of Income for the year, excluding the effects of the proportional consolidation of Itaipu Binacional's. The information aims to present to shareholders and capital market analysts the influence of Itaipu Binacional's Financial Statements in the Financial Statements of the Eletrobras System, given its particularities, and these should not be taken, under any circumstances, to be the Consolidated Financial Statements of the Eletrobras System.

 

81


 

Consolidated Balance Sheet

(Merely Informative)

(In thousands of reais)

 

 

 ASSETS

 

12/31/2009

CURRENT

 

EXCLUDING ITAIPU

 

INCLUDING ITAIPU

 

 

 

 

 

   Consumers and resellers

 

             4,208,567

 

            4,260,617

   Financing and loans

 

            2,494,386

 

            1,922,866

   Others

 

          21,556,787

 

         22,011,483

 

 

          28,259,740

 

         28,194,966

NON-CURRENT

 

 

 

 

LONG-TERM RECEIVABLES

 

 

 

 

 

 

 

 

 

   Financings and loans

 

           15,749,878

 

            9,836,412

   Others

 

           11,018,789

 

          11,180,554

 

 

           26,768,667

 

          21,016,966

 

 

 

 

 

INVESTMENTS

 

             6,903,206

 

            6,816,146

FIXED AND INTANGIBLE ASSETS

 

           61,904,763

 

         77,788,582

 

 

           68,807,969

 

          84,604,728

 

 

 

 

 

TOTAL ASSETS

 

    123,836,376

 

        133,816,660

 

 

 

 

 

LIABILITIES AND SHAREHOLDERS' EQUTIY

 

12/31/2009

CURRENT

 

EXCLUDING ITAIPU

 

INCLUDING ITAIPU

 

 

 

 

 

   Financing and loans

 

                488,887

 

                835,560

   Suppliers

 

             4,024,572

 

            3,471,735

   Others

 

             9,305,719

 

            9,856,129

 

 

           13,819,178

 

          14,163,424

 

 

 

 

 

NON-CURRENT

 

 

 

 

 

 

 

 

 

   Financing and loans

 

             8,049,302

 

          16,791,118

   Others

 

           25,670,967

 

          26,565,190

 

 

           33,720,269

 

          43,356,308

 

 

 

 

 

MINORITY INTEREST

 

                205,144

 

                205,144

SHAREHOLDERS' EQUTY

 

           76,091,785

 

          76,091,785

 

 

           76,296,929

 

          76,296,929

 

 

 

 

 

TOTAL LIABILITIES AND SHAREHOLDERS' EQUITY

        123,836,376

 

        133,816,660

 

82


 

Consolidated Statement of Operations

(Merely Informative)

(In thousands of reais)

 

NOTE 6 - CASH, CASH EQUIVALENTS AND RESTRICTED CASH

 

 

 

 12/31//2009

 

 

 EXCLUDING ITAIPU

 

 INCLUDING ITAIPU

 OPERATIONAL REVENUES

 

 

 

 

 

 

 

 

 

 Electricity operations

 

         26,896,988

 

         27,099,094

 Deductions

 

         (2,340,215)

 

           (2,340,215)

 Others

 

           1,298,895

 

1,298,895

 

 

         25,855,668

 

          26,057,774

 OPERATIONAL EXPENSES

 

 

 

 

 

 

 

 

 

 Energy purchased for resale

 

       (9,299,967)

 

          (6,122,533)

 Depreciation and amortization

 

        (2,397,874)

 

          (2,397,874)

 Income offset from Itaipu

 

                             -

 

            (669,675)

 Others

 

      (12,169,350)

 

       (13,814,315)

 

 

      (23,867,191)

 

       (23,004,398)

 

 

 

 

 

 OPERATING RESULT BEFORE THE FINANCIAL RESULT

 

 

 

 

 

           1,988,477

 

             3,053,377

 

 

 

 

 

 FINANCIAL RESULT

 

        (4,206,183)

 

          (5,273,903)

 

 

 

 

 

 EQUITY INTEREST RESULT

 

           1,594,739

 

             1,594,739

 

 

 

 

 

 OTHER EXPENSES AND REVENUES

 

            (100,517)

 

                (97,697)

 

 

 

 

 

 RESULT BEFORE CSLL AND IRPJ

 

            (723,484)

 

             (723,484)

 

 

 

 

 

 CSLL and IRPJ

 

           1,196,419

 

             1,196,419

 

 

 

 

 

 RESULT BEFORE PARTICIPATIONS

 

472,935

 

472,935

 

 

 

 

 

 Participation in the profits

 

            (207,482)

 

            (207,482)

 Minoritary interest

 

             (94,927)

 

                (94,927)

 NET INCOME

 

              170,526

 

                170,526

 

 

 

 

 

 Net profit per share

 

R$0,15

 

R$0,15

 

 

PARENT COMPANY

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

I - Cash and cash equivalents

 

 

 

 

 

 

 

Cash and banks

          27,119

 

             8,548

 

       275,695

 

       169,244

Financial investments

  12,468,600

 

9,361,493

 

  15,122,398

 

  12,662,756

 

  12,495,719

 

     9,370,041

 

  15,398,093

 

  12,832,000

 

 

 

 

 

 

 

 

II - Restricted cash

 

 

 

 

 

 

 

 CCC (Fuel Consumption Account)

        475,565

 

        156,354

 

        475,565

 

        156,354

 Trading of ITAIPU’S Electricity

     145,497

 

       151,135

 

     145,497

 

        151,135

 PROINFA

        720,657

 

     426,897

 

     720,657

 

      426,897

 

  1,341,719

 

        734,386

 

    1,341,719

 

      734,386

 

  13,837,438

 

   10,104,427

 

  16,739,812

 

 13.566,386

 

The cash and cash equivalents are held with Banco do Brasil S.A., according to specific laws for mixed capital corporations under federal government control, enacted by Decree-law 1.290, of December 3, 1973, and amendments from Resolution 2,917 of December 19, 2001 of the Brazilian Central Bank, which set forth new mechanisms for companies under indirect federal administration.

 

The financial investments, with high liquidity, are in extra-market investment funds, whose return goal is based on the SELIC average rate.

 

83


Eletrobras

 

 

 

NOTE 7 - MARKETABLE SECURITIES

 

Eletrobras and its subsidiaries classify the CFT-E1 and NTN-P securities as held to maturity, based on the management strategies for these assets.

 

The securities held to maturity are recorded at the acquisition cost, plus interest and monetary adjustments, with impacts on the result.

 

The adjustment to the fair value is made regarding the founders’ shares.

 

In addition, CFT-E1 securities and investment certificates arising from FINOR (Northeast Investment Fund) and FINAM (Amazon Investment Fund) tax incentives reported in the line ‘Others’ are adjusted by provisions for losses upon their realization, and therefore, are shown net:

 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

NON-CURRENT

 

 

 

 

 

 

 

 

 CFT-E1

 

     225,176

 

     208,761

 

     225,176

 

     208,761

 NTN-P

 

     145,353

 

     136,160

 

     149,035

 

140,675

 Partnership Income

 

     149,818

 

     165,442

 

     149,818

 

165,442

 Founders’ Shares

 

     157,685

 

      90,697

 

    157,685

 

      90,697

 Others

 

        4,593

 

      12,314

 

5,578

 

12,314

 

 

     682,625

 

    613,374

 

    687,292

 

     617,889

 

a) CFT- E1 - Public securities with remuneration equivalent to the IGP-M variation, interest-free, with a redemption date fixed as of August 2012. The parent company maintains a provision for market value adjustment on the reference date of December 31, 2009, amounting to R$ 84,728 (December 31, 2008 - R$ 105,465), determined based on discounts practices in the capital market and presented as reducing the respective asset.

 

b) NTN-P - Public securities received as payment for transfer of share investments in the scope of the National Privatization Program - PND. These securities have a remuneration equivalent to the variation in the Referential Rate - TR, disclosed by the Brazilian Central Bank, with an interest rate of 6% per annum (p.a.) on the updated value with a redemption date fixed as of February 2012.

 

c) PARTNERSHIP INCOME - Refers to income derived from partnership investments (see Note 16), corresponding to an average remuneration equivalent to the variation in the IGP-M plus interests of 12% and 13% p.a. on the capital invested, as shown below:

 

 

 

PARENT COMPANY AND CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 EATE

 

41,327

 

49,353

 Tangará

 

73,320

 

64,620

 Elejor

 

-

 

16,226

 Others

 

35,171

 

35,242

 

 

149,818

 

165,441

 

d) FOUNDERS’ SHARES - Securities acquired due to restructuring of Eletrobras’ investment in INVESTCO S.A. These assets assure annual income equivalent to 10% the profit of the companies mentioned below, paid together with the dividends. They will be redeemed at maturity, anticipated for October 2032, by means of its conversion into preferred shares of the aforementioned companies’ capital stock, as shown below:

 

 

 

PARENT COMPANY AND CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

Paulista Lajeado

 

49,975

 

49,975

Lajeado Energia

 

266,798

 

266,798

EDP Lajeado

 

189,577

 

184,577

Ceb Lajeado

 

151,225

 

151,225

Face value

 

652,575

 

652,575

Fair value adjustment

 

(494,890)

 

(561,878)

Fair value

 

157,685

 

90,697

 

 

84


Eletrobras

 

 

According to Law No. 11,638/07, as described in explanatory Note 2, such securities started being evaluated at their fair value, in compliance with CVM 564/2008, which approved the CPC-14 accounting pronouncement.

 

e) OTHERS - Substantially refers to investment certificates arising from FINOR/FINAM tax incentives destined for projects in the operating area of the subsidiaries Chesf and Eletronorte. The Company maintains a provision for losses on its realization, established based on market value, amounting to R$ 291,412 (December 31, 2008 - R$ 283,690) and presented as a reduction of the respective asset.

 

NOTE 8 - ELECTRICITY CONSUMERS AND RESELLERS

 

 

I - The amounts receivable from electricity consumers and resellers are shown at their probable value of realization as detailed in Exhibit I of these Explanatory Notes and include the Regulatory Asset described in Note 10.

 

II - Electricity trading - ITAIPU Binacional

 

The Law No. 10,438 of April 26, 2002, attributed to ELETROBRAS the responsibility for the acquisition of all electricity generated by ITAIPU to be consumed in Brazil, and for the trading of this electricity.

 

Therefore, in the 2009, the equivalent of 83,848 GWh was sold, the energy supply tariff (purchase) practiced by ITAIPU was US$ 22,60/kW and the sale tariff was US$ 25,03/kW.

 

The results from the trading of ITAIPU'S electricity, in accordance with Decree 4,550 of December 27, 2002, observing the amendments introduced by Decree 6.265 of November 22 th, 2007, are destined as follows (see Note 10):

 

a) if positive, it will be allocated, by means of prorating to the individual consumer, through a bonus credit in the consumers' electricity bills of the Brazilian Interconnected Electric System, for the residential and rural classes with monthly consumption lower than 350 kWh.

 

b) if negative, it is incorporated by ANEEL in the calculation of the sale tariff of electricity contracted in the year subsequent to the formation of the result.

 

In the fiscal year of 2009, the activity had a superavit of R$ 40,418, and the resulting obligation is included in the item ‘Reimbursement Obligations’.

 

III - Electricity trading - PROINFA

 

The electricity trading within the scope of PROINFA (Brazilian Renewable Energy Incentive Program) generated a positive net result in 2009 of R$ 377,133 (December 31, 2008 - R$ 35,643), not causing any effect on the net result of Eletrobras’ for the year. This amount was included under the item ‘Reimbursement Obligations’.

 

IV - Operations at the Electricity Trading Chamber - CCEE

 

The amounts related to the operations practiced within the scope of CCEE are recorded based on information made available by the Chamber.

 

The operations carried out in 2009 generated, for Eletrobras and its subsidiaries, a net credit of R$ 51,056.

 

The subsidiary Furnas maintains credits amounting to R$ 293,560, related to electricity trading in the scope of the MAE, concerning the period from September 2000 to September 2002, whose financial settlement is suspended due to the concession of restraining orders in lawsuits proposed by electricity distribution concessionaires against ANEEL and MAE, now known as CCEE. Given the uncertainty of its realization, the Company maintains Allowances for Doubtful Accounts, at an amount equivalent to the total credit, established in 2007.

 

85


Eletrobras

 

 

According to the standards established in the Electricity Sector General Agreement, the resolution of these disputes would imply a new examination, which would be the object of settlement between the parties without CCEE’s intervention. In this sense, it is the Administration’s intention to maintain negotiations, with ANEEL’s and CCEE’s participation, aiming at restructuring credits, so as to enable a negotiated solution for its settlement.

 

V - Allowance for doubtful accounts

 

The Subsidiaries establish and maintains allowances, in compliance with ANEEL rules, based on the analysis of the constant amounts included in the overdue accounts receivable and the history of losses, the amount of which is deemed by the Subsidiaries’ administrations as sufficient to cover eventual losses on the realization of these assets. The balance on December 31, 2009 is R$ 1,896,774 (December 31 st, 2008 - R$ 1,546,967), being composed as follows:

 

 

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

RTE - Extraordinary Tariff Adjustment (Free Energy - Loss of Revenue and Portion A)

 

37,016

 

66,998

 

 

 

 

 

Consumers and Resellers

 

 

 

 

  Companhia Energética do Amapá (Amapá’s Energy Company)

 

727,425

 

566,283

  Others

 

320,564

 

98,461

 

 

1,047,989

 

664,744

 

 

 

 

 

Distributors’ Consumers

 

518,209

 

521,665

 

 

 

 

 

CCEE (Electricity Trading Chamber) - Short-term Energy

 

293,560

 

293,560

 

 

1,896,774

 

1,546,967

 

For tax purposes, the surplus provision established in relation to the provisions of Law No. 9,430/1996 has been added to the taxable income for purposes of the Income Tax - IRPJ owed and, also, the calculation basis for the Social Contribution on the Net Income - CSLL.

 

NOTE 9 - FINANCING AND LOANS GRANTED

 

Pursuant to CPC 14 - Financial Instruments, the financing and loans granted are classified as financial assets, held to maturity. These financings and loans (see Exhibit II) and their respective charges are appropriated up to the balance sheet date and are restated according to the contractual monetary adjustment or foreign exchange rates.

 

The market value of these assets are equivalent to their book value.

 

The financing and loans granted are made with Eletrobras’ own funds, in addition to sector funds, foreign funds obtained by means of international development agencies, financial institutions, as well as those arising from the offering of securities on the international financial market.

 

All the financing and loans are supported by formal agreements executed with borrowers. The amounts receivable are mostly repayable in monthly installments, within a ten-(10) year average term, and the average interest rate weighed by the portfolio balance is 6.91% p.a.

 

The financing and loans granted with a currency adjustment clause, account for nearly 52% of the total portfolio. Those providing for adjustment based on indexes that represent domestic price-levels account for 19% of the portfolio balance.

 

I - Credits with AES-Eletropaulo - Lawsuit

 

In 1989, Eletrobras brought before the court an ordinary lawsuit against Eletropaulo, aiming to receive credits arising from financings not paid on their respective deadlines, according to advanced criteria in the articles and conditions established.

 

After the deed went through the legal channels, in April 1999, a verdict was disclosed sentencing Eletropaulo to pay the amount financed and not complied with. Afterwards, the verdict was confirmed to be res judicata, meaning that Eletropaulo lodged no appeal at the first-level court decision. Consequently, the writ of execution was proposed by Eletrobras before the Fifth Civil Court of Rio de Janeiro, determining the payment.

 

86


Eletrobras

 

 

However, in January 1998, the partial division of Eletropaulo’s assets took place, originating three distinct companies - EMAE - Empresa Metropolitana de Águas e Energia S.A., EPTE - Empresa Paulista de Transmissão de Energia S.A. and EBE - Empresa Brasileira de Energia S.A., whereas Eletropaulo - Eletricidade de São Paulo S.A. changed its trade name to Eletropaulo Metropolitana Eletricidade de São Paulo S.A..

 

Eletropaulo questioned the illegitimacy of the Partial Division Protocol, which was refused, and determined the continuation of the verdict. In December 2003, an Interlocutory Appeal was lodged by Eletropaulo, requiring the suspensive effect of the decision the continuation of the execution had determined, which was accepted under the assumption that Eletropaulo would not be eligible to meet the executive demand, instead, it would be CTEEP - Companhia de Transmissão de Energia Elétrica Paulista (former EPTE), pursuant to the above mentioned protocol.

 

Extraordinary and Special Appeals were filed by Eletrobras, contesting the judgment of Eletropaulo’s Appeal, affirming that the execution should go on and Eletropaulo's defense should be attacked for injunction procedure by the debtor with no exceptions. From this decision, Eletropaulo managed declaration injunctions, afterwards, a Regulatory Appeal and, eventually, divergence injunctions whose final decision was disclosed in November 2007, rejecting, in every way, said Appeal from Eletropaulo. After exhausting all possibilities of success before the Superior Court of Justice - STJ, Eletropaulo presented an extraordinary appeal to the Supreme Federal Court - STF, whose continuation was rejected in a monocratic fashion by the Minister, according to the decision disclosed on March 28th, 2008.

 

Facing this scenario, Eletrobras’ Administration will proceed with the execution process and, supported by its legal counsels’ opinions, considers the realization of the credit as practically certain.

 

These credits, on December 31, 2009, amounted to R$394,326 (December 31, 2008 - R$ 385,171), based on the original conditions of the agreements with Eletropaulo, recorded in the accounting records, which, if adjusted by the indexes practiced by the courts, amount to R$ 1,183,515 (December 31, 2008 - R$ 1,061,329). The Company's Administration, in a prudent and conservative manner, does not record the amount of the adjustment based on criteria different from those contractually agreed upon, electing to wait for the execution process.

 

II - Allowance for Doubtful Accounts - PCLD

 

The Company recognizes allowances for doubtful accounts amounting to R$ 192,232 (December 31, 2008 - R$ 117,675) corresponding to the principal and the servicing of the debt of defaulting companies. The amount of the provision is deemed as sufficient by the Company's administration to cover losses with these assets, based on the portfolio trend analysis.

 

NOTE 10 - RENEGOTIATED CREDITS

 

 

PARENT COMPANY

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

CURRENT

 

 

 

 

 

 

 

Ceb

                     -

 

            8,450

 

                     -

 

          40,807

Celg

          43,448

 

          63,617

 

          64,139

 

          88,076

AES-Sul

            8,326

 

          12,288

 

            8,326

 

          12,288

Cemat

                     -

 

                     -

 

                     -

 

          16,524

States’ debt rollover

                     -

 

                     -

 

       150,286

 

       141,130

National Treasury

                     -

 

                     -

 

       130,186

 

       113,236

Casal

-

 

 -

 

          60,584

 

          39,545

PCLD

 -

 

 -

 

       (23,576)

 

       (12,354)

Others

                  12

 

                  16

 

          31,977

 

       180,619

 

          51,786

 

          84,371

 

       421,922

 

       619,871

NON-CURRENT

 

 

 

 

 

 

 

Celg

          97,106

 

       181,307

 

       319,650

 

       467,404

AES-Sul

            7,220

 

          17,852

 

            7,220

 

          17,852

States debt rollover

                     -

 

                     -

 

       490,718

 

       586,157

National Treasury

                     -

 

                     -

 

       406,684

 

       458,379

Casal

 -

 

 -

 

          99,974

 

          97,542

Others

                  10

 

               487

 

       199,383

 

       442,968

 

       104,337

 

       199,646

 

    1,523,629

 

    2,070,302

 

       156,123

 

       284,017

 

    1,945,551

 

    2,690,173

 

87


Eletrobras

 

 

Renegotiated credits are formalized by means of agreements for payment of the accumulated debts in installments by the debtors, with bear interest and monetary adjustments and fixed terms for the repayment the principal and the charges, and they are considered recoverable by the Company’s Management, highlighting the following:

 

a) Derived from electricity transferred to Celg

 

In 2003, Eletrobras renegotiated credits derived from the transfer of energy from Itaipu Binacional to Celg, subrogated by Furnas to Eletrobras, in the amount of R$ 392,021. The repactuation foresees the realization of these credits upon direct transfer by the distributor’s collector financial institution, of 3.34% of its monthly gross billing.  The installments have an estimated term of 216 months for their total discharge, starting in January 2004, and are indexed by the US dollar variation. The balance on December 31, 2009 corresponds to R$ 140,554 (December 31, 2008 - R$ 244,924), of which R$ 97,106 are recorded in non-current assets (December 31, 2008 - R$ 181,307).

 

Similarly, in December 2003, the subsidiary Furnas renegotiated the amount of R$ 378,938 relating to credits of own energy, indexed monthly by the IGP-M and with interests of 1% per month, the term for payment being estimated in 216 months. The monthly payment amounts to 2.56% of Celg’s gross billing and is backed by a linked bank account guarantee, and the debt balance on December 31, 2009 corresponds to R$ 243,235 (December 31, 2008 - R$ 310,557), of which R$ 222,554 are recorded under non-current assets (December 31, 2008 - R$ 286,097). Part of the receivables securitization, amounting to R$ 258,000, is assigned to the Receivables Securitization Fund (FIDC) - Furnas II (See Note 23).

 

b) Rollover of States debt

 

In accordance with the Program for Financial Improvement of the Public Sector, implemented by Law No. 8,727/93, the subsidiary Furnas signed a credit assignment with the Union, to reschedule Celg debts existing at that time, relating to energy purchase, to be paid in 240 months, starting in April 1994. The credits are indexed based on IGP-M, with annual interest of 11%, amounting to R$ 641,004 on December 31, 2009 (December 31, 2009 - R$ 727,184).

 

The subsidiary Eletrosul, by means of the same financial improvement program, holds credits with the Union indexed by IGP-M, with annual interests of 12.68%, amounting to R$ 641,004 on December 31, 2009 (December 31, 2008 - R$ 676,230), of which R$ 490,718 are recorded under non-current assets (December 31, 2008 - R$ 547,831), to be paid in 240 months, starting on April 1994, as a result of the subsidiary’s rights assumption with electricity state concessionaries.

 

The legislation in force foresees that if the 20 year-term expires and the balance to be received still remains, the financing may be extended for another 10 years. This hypothesis is likely to occur, since the Union transfers only the resources actually received from the States which, in turn, are limited by law to the levels of commitment of their revenues.

 

NOTE 11 - RETURN ON INVESTMENT

 

The net values below refer to dividends and interest on capital receivable, net of withholding tax, when applicable, and resulting from permanent investments held by Eletrobras.

 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

   Furnas

 

-

 

251,607

 

-

 

 

-

   Chesf

 

588,428

 

541,878

 

-

 

-

   Eletrosul

 

194,064

 

135,713

 

-

 

-

   Eletronuclear

 

109,632

 

28,749

 

-

 

-

   Eletronorte

 

285,943

 

-

 

-

 

-

   Eletronuclear

 

552

 

8,268

 

-

 

-

   Itaipu

 

435

 

14,022

 

-

 

-

   CEMAR

 

20,815

 

48.340

 

20,815

 

48,340

   CTEEP

 

195,885

 

102,156

 

195,885

 

102,156

   Others

 

87,309

 

82,233

 

123,908

 

110,597

 

 

1,483,063

 

1,212,966

 

340,608

 

261,093

 

88


Eletrobras

 

 

NOTE 12 - DEFERRED TAX ASSETS AND RECOVERABLE TAXES 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

CURRENT ASSETS

 

 

 

 

 

 

 

Withholding income tax

         231,073

 

         749,478

 

         450,655

 

         818,616

Advances of IRPJ and CSLL

         448,162

 

663,844

 

         484,327

 

         776,102

Tax loss and negative base of CSLL

                       -

 

                       -

 

                       -

 

           28,880

IRPJ/CSLL temporary differences

                           -

 

                           -

 

              58,184

 

           293,631

PASEP/COFINS to be offset

              21,790

 

                 5,031

 

              89,024

 

              74,308

Recoverable ICMS

                       -

 

                       -

 

           11,616

 

           72,169

Others

-

 

                       -

 

           26,433

 

           18,144

 

        701,025

 

     1,418,353

 

     1,120,239

 

     2,081,850

 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

NON-CURRENT ASSETS

 

 

 

 

 

 

 

Withholding tax

601,235

 

-

 

601,235

 

-

Recoverable ICMS

                       -

 

                       -

 

         862,253

 

         781,341

Recoverable PIS/COFINS

                       -

 

102,077

 

        477,596

 

         564,384

IRPJ/CSLL temporary differences

                           -

 

                           -

 

           242,234

 

           173,062

Provision for Contingencies

           552,915

 

           481,718

 

           715,568

 

           481,718

PCLD

 -

 

           48,874

 

         190,397

 

           40,874

Provision for adjustment to market value

           127,888

 

           132,312

 

           127,888

 

           132,312

Adjustment of Law No. 11638/2007- RTT

           294,495

 

-

 

           294,051

 

                           -

Others

         916,711

 

         583,187

 

     1,069,814

 

         613,257

 

     2,493,244

 

     1,348,168

 

     4,581,036

 

     2,786,948

 

I - Deferred Tax Assets

 

The Deferred Tax Assets deriving from temporary differences in IRPJ and CSLL calculation basis will be utilized as the events that gave rise thereto take place.

 

Considering the profitability history of the Company, as well as the expectation of generating taxable income over the coming years, the recognition of these assets is based on the realization of the assets, identified with future trend analysis, supported by a technical study prepared based on in-house assumptions and macroeconomic, business and tax scenarios that may change in the future.

 

In view of the nature of the tax credits, the expectation is that the amounts recognized in Non-Current Assets will be realized over the next seven years (2011 to 2017), upon the occurrence of the corresponding triggering events.

 

II - Recoverable ICMS, PIS/PASEP AND COFINS on Fuel Purchase

 

Aiming to reimburse the concessionaire companies of the Public Utility Electric Energy Service that have thermal generation and operate on the Isolated System, Law No. 10,833/2003, amending Law No. 8,631/1993, established that the Fuel Consumption Account - CCC was responsible for this burden, integrally, for 2004, and partially for the years 2005 to 2008.

Through Normative Resolution 303/2008, ANEEL established methodologies and procedures for computation, proof and validation of the ICMS amount recorded as a cost arising from the purchase of fuel, as well as computation, proof, supervision and payment of liabilities to be reimbursed to CCC-ISOL by the beneficiary agents who received ICMS amounts of reimbursement superior to the effective cost incurred with this tax.

 

The Directive Release 2775/2008 - SFF/ANEEL regulates, among other issues inherent to the closing of the 2008 Financial Statements from Electricity Public Utility concessionaires, the refund to the Fuel Consumption Account - CCC of amounts corresponding to PIS/PASEP and COFINS credits taken on the fuel acquired for electricity generation under non-cumulative system between 2004 to 2008.

 

The management of subsidiary Amazonas Energia until 2007 understood that the fuel acquired for electricity generation purposes subsidized by CCC was not entitled to PIS/PASEP and COFINS credits. In view of the new facts, in 2008, the subsidiary’s management, supported by its legal counsels’ opinion, recognized the credit over all the company’s fuel oil acquisitions during the period determined by ANEEL, computing a tax credit of R$ 498,171 and recognizing this in Non-Current Assets.

 

89


Eletrobras

 

 

In order to avoid potential risks of losing these credits recognized under the aegis of the Laws No. 10,637/2002 and No. 10,833/2003, the subsidiary’s management, guided by its legal counsels, filed a lawsuit at court against the federal government to suspend the statute of limitation period.

 

The utilization of recognized tax credits is subject to future operations that originate debits, which according to the subsidiary’s management’s opinion, will occur even under the assumption of replacement of fuel oil with natural gas as input in the electricity generation and Manaus entry into the National Interconnected System - SIN. Law No. 12,111/09 establishes mechanisms that will allow the account of recoverable tax from fuel purchase not to undergo any increases, starting in distribution operations in an estimated period of 4 years. The above-mentioned Law is still waiting for regulation, and the possible effects arising from the determination of the regulation characteristics by ANEEL, if any, will be recognized at the completion of this process.

 

III -PIS/PASEP and COFINS unconstitutionality

 

PIS/PASEP and COFINS unconstitutionality: The Federal Supreme Court - STF declared the unconstitutionality of paragraph 1 of Article 3 of Law No. 97,18/98, which increased PIS/PASEP and COFINS calculation basis and created, at that time, a new concept of billing, which then covered the total revenues earned by the legal entity, regardless the type of activity and the accounting classification adopted. Such device did not have any constitutional provision to support it, later being constitutionally amended.

 

Based on the Brazilian National Tax Code - CTN, Eletrobras system companies seek recognition of their credit rights and the refund of the amount overpaid as a result of the unconstitutional increase of these contributions calculation basis. Until the conclusion of these financial statements, there was not a final decision on such issue.

 

Eletrobras System companies have, therefore, potential tax credits for PIS/PASEP and COFINS, which are still being determined and, accordingly, are not recognized in these Financial Statements, since the declaration of unconstitutionality only benefits the companies that are authors of the judged extraordinary appeals.

 

NOTE 13 - REIMBURSEMENT RIGHTS - REGULATORY ASSETS

 

I - Values Resulting from the Electricity Sector General Agreement

 

The Brazilian electric sector was subject to the Electricity Consumption Rationing Emergency Program, managed by the Electricity Crisis Management Chamber, created by the federal government to administer demand adjustment programs, coordinate actions to increase energy supply, and implement emergency measures during the electricity rationing period effective between June 1, 2001 and February 28, 2002.

 

Law No. 10,438/2002 formalized the legal instruments to implement the Electricity Sector General Agreement deriving from the rationing program and authorized ANEEL to implement the Extraordinary Tariff Adjustment - RTE, that aims at recovering the financial impacts to which companies comprising the Brazilian Interconnected Electric System were subject.

 

In this scenario, the electricity generation companies recognized the free energy-related credits, loss of revenue and portion A, realizable according to the Electricity Sector General Agreement, by collecting RTE from final consumers with a deadline established by ANEEL, which varies according to each distribution company.

 

In 2009, losses deriving from free energy unbilled by distribution companies were recognized, in the amount of R$ 48,195, recorded under Losses on realization of assets, in the Operating Expenses group.

 

90


Eletrobras

 

 

The net residual values recorded as regulatory assets deriving from the Electricity Sector General Agreement are included in the Consumers and Resellers account (see Exhibit I) as follows:

 

 

CONSOLIDATED

RTE  - Portion A, Free Energy and Generation Refund

 

   Balance at December 31, 2008

97,877

   (-) Losses

(48,195)

   (-) Realized

(9,913)

Unrealized balance at December 31, 2009

39,769

 

 

PCLD

 

   Balance at December 31, 2008

(66,998)

   (+) Reversal

52,693

   (-) Booking

(22,711)

  

(37,016)

Unrealized balance at December 31, 2009

2,753

 

On January 12, 2010, ANEEL issued the Normative Resolution 387/2009, from December 15th, 2009, establishing that the concessionaires and permit holders of electricity distribution public utility must calculate what was necessary to re-establish Free Energy and Revenue Loss final value, by applying the mentioned Resolution methodology, in order to allow for the final balance computation to be transferred to the generation companies.


On February 28, 2010 the distribution companies submitted these calculations to ANEEL, which will homologate them through an official document within 90 days, defining the values to be paid to the generation companies within 30 days.


The Company's Management expects that ANEEL homologation results in receivables; however, they do not have enough information to fairly measure and/or estimate these values, which is the reason why there are not registers of any rights deriving from the above-mentioned Resolution edition, which will be recorded when the final value is homologated by ANEEL.

 

II - Values Resulting from Itaipu Binacional’s Electricity Commercialization

 

 

Supported by Law No. 11480/2007, the adjustment factor from the financial agreements executed with Itaipu Binacional and from the credit assignment agreement executed with the National Treasury as of 2007 was excluded, while guaranteeing full maintenance of Eletrobras receivables flow.

 

As a result, Decree 6265 of November 22, 2007 was enacted with a view to regulating the commercialization of Itaipu Binacional’s electricity, defining the factor to be applied in the sale tariff, creating a Regulatory Asset related to the factor verified annually, corresponding to the annual adjustment factor removed from financing to be annually included in the sale tariff as from 2008.

 

Therefore, as from 2008 the factor deriving from the annual adjustment factor removal has been included in the sale tariff of power generated by Itaipu Binacional, whose amounts are annually defined by means of a joint ministerial ordinance of the Ministries of Finance and of Mines and Energy. The sale tariff effective in 2009 includes the amount corresponding to US$ 214,989 thousand, ratified by the ordinance MME/MF 398/2008.

 

The balance of Regulatory Assets deriving from the commercialization of Itaipu Binacional’s electricity, represented by the item Reimbursement Rights, under Non-Current Assets, amounts to R$ 1,803,348 corresponding to US$ 1,035,693 thousand (December 31, 2008 - R$ 4,312,809, corresponding to US$ 1,845,447 thousand).

 

The methodology to compute the Regulatory Asset was regulated by the joint ministerial ordinance MME/MF 313/2007, from December 11, 2007.

 

III - CCC-Isol Reimbursement

 

Supported by Law No. 111/2009, the systematic of isolated systems was altered.  The CCC subvention, which formerly subsidized only the costs with fuel will now reimburse the amount corresponding to the difference between the total cost of electricity and the valuation of the corresponding quantity of electricity at the average cost of power and energy commercialized in the Regulated Contracting Environment - ACR of the National Interconnected System - SIN.

 

91


Eletrobras

 

 

The following related costs must be included in the total cost of electricity generation in Isolated Systems:

 

I - contracting of energy and associated power;

 

II - own generation to supply the electricity distribution public utility;

 

III - charges and taxes; and

 

IV - investments.

 

According to the regulations, other costs related to electricity services rendered in Isolated Systems remote regions, characterized by a great dispersion of consumers and lack of economy of scale, are also included in the total cost of generation.

 

The values calculated and recorded by the Company in 2009 amounted to R$ 435,385, recorded in Current Assets, with the compensatory value of R$ 225,611 in Non-Current Liabilities and the remainder in the year’s results.

 

NOTE 14 - NUCLEAR FUEL INVENTORY

 

The nuclear fuel used in the thermonuclear power plants Angra I and II is made of elements manufactured with metallic components and uranium tablets.

 

Initially, the uranium ore and services necessary for its manufacturing are acquired and classified in Non-Current Assets - long-term receivables in the account “Nuclear Fuel Inventory”. After concluding the manufacturing process, the portion related to the consumption estimated for the 12 subsequent months is classified in current assets, under “Storeroom”. On December 31, 2009, the amount of material accounts for storeroom in current and non-current assets totaled R$ 307,882 thousand (R$ 295,374 thousand - December 31, 2008).

 

The monthly payment in operating expenses is proportional, considering the monthly energy effectively generated regarding the total energy estimated for each fuel element, and the company makes periodic inventories and assessments of nuclear fuel elements which have undergone the electricity generation process and are stored at the used fuel warehouse.

 

Below is the breakdown on December 31, 2009, of the long-term nuclear fuel inventory for the operations of the thermonuclear power plants UTN Angra I and UTN Angra II:

 

 

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

NON-CURRENT

 

 

 

 

   Nuclear Fuel Inventory

 

 

 

 

   Uranium concentrate

 

111,199

 

104,442

   Ready elements

 

239,771

 

146,736

   Storeroom supplies

 

267,303

 

259,213

   In progress - nuclear fuel

 

137,161

 

214,751

 

 

755,434

 

725,142

 

NOTE 15 - ADVANCES FOR FUTURE CAPITAL INCREASE

 

I) In October 2009, Eletrobras’s Board of Directors approved the capitalization of subsidiaries, amounting to R$ 11,770,400, corresponding to advances for future capital increase (AFAC), existing then, amounting to R$ 2,945,835, and part of the loans granted to the subsidiaries, amounting to R$ 9,043,089.

 

Both capitalization of Eletrobras credits, deriving from the debit balance of loans granted with ordinary funds, and AFACs integration are conditioned to approval by the Department of Coordination and Governance of State-run Enterprises - DEST, the Brazilian Electricity Regulatory Agency - ANEEL, and the Federal Revenue Attorney General’s Office - PGNF. The steps also require the execution of a Corporate Performance Goals Agreement - CMDE and the amendment of the bylaws of the subsidiaries.

 

92


Eletrobras

 

 

In view of the resolutions described above, the Company includes in non-current assets the values corresponding to advances for future capital increase in the following companies, which will be capitalized in 2010:

 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

Subsidiaries

 

 

 

 

 

 

 

 

Furnas

 

31,154

 

31,154

 

-

 

-

Chesf

 

3,018,051

 

294,397

 

-

 

-

Eletrosul

 

430,144

 

94,576

 

-

 

-

Eletronorte

 

4,023,201

 

-

 

-

 

-

Eletronuclear

 

62,285

 

62,285

 

-

 

-

CGTEE

 

38,850

 

-

 

-

 

-

Ceal

 

525,485

 

235,833

 

-

 

-

Cepisa

 

779,224

 

494,369

 

-

 

-

Ceron

 

1,117,860

 

718,688

 

-

 

-

Eletroacre

 

180,567

 

143.320

 

-

 

-

Amazonas

 

1,573,797

 

-

 

-

 

-

 

 

11,780,618

 

2,074,623

 

-

 

-

Provision for losses

 

(1,858,603)

 

(1,348,368)

 

-

 

-

 

 

9,922,015

 

726,254

 

-

 

-

Other investments

 

4,000

 

4,027

 

4,000

 

4,027

 

 

9,926,015

 

730,281

 

4,000

 

4,027

 

NOTE 16 - INVESTMENTS

 

 

 PARENT COMPANY

 

 CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

 Equity Accounting

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  a) Subsidiaries (Exhibit III)

 

  39,838,297

 

  39,935,810

 

                     -

 

                     -

 

 

 

 

 

 

 

 

 

  b) Associated companies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Celpa (b)

 

        396,393

 

        366,953

 

       396,393

 

       366,953

CEEE-GT

 

        494,046

 

        127,368

 

       494,046

 

       127,368

Cemat

 

        512,872

 

        456,883

 

      512,872

 

       456,883

Emae (b)

 

        316,815

 

        267,765

 

      316,815

 

       267,765

CTEEP

 

     1,478,447

 

     1,447,818

 

    1,478,447

 

    1,447,818

Cemar

 

        250,798

 

        197,943

 

       250,798

 

       197,943

RedeLajeado  (b) (d)

 

        380,189

 

        219,806

 

      380,189

 

       219,806

Ceb Lajeado (b)

 

           63,291

 

           78,173

 

          63,291

 

          78,173

EDPLajeado (b) (d)

 

                       -

 

        103,771

 

                     -

 

       103,771

Paulista Lajeado (b)

 

           23,381

 

           23,380

 

          23,381

 

          23,380

CEEE-D

 

        408,338

 

             9,499

 

       408,338

 

            9,499

Inambari (c)

 

             6,789

 

                      -

 

          13,792

 

                     -

Baguari (c)

 

                       -

 

                       -

 

          79,225

 

          61,925

Enerpeixe (b)

 

                       -

 

                       -

 

       460,072

 

       420,960

STN - Northeast Transmission System (b)

 

                       -

 

                       -

 

       111,389

 

       112,780

Transleste (c)

 

                       -

 

                       -

 

          14,539

 

          13,420

Transirapé (c)

 

                       -

 

                       -

 

           7,262

 

            6,029

Serra do Facão (a)

 

                       -

 

                       -

 

      137,485

 

       273,713

Retiro Baixo (b)

 

                       -

 

                       -

 

          99,920

 

          67,188

Transudeste (c)

 

                       -

 

                       -

 

           9,986

 

            8,500

Centroeste de Minas(b)

 

                       -

 

                       -

 

          16,060

 

            6,514

Chapecoense (b)

 

                       -

 

                       -

 

      259,545

 

       270,855

Etau (b)

 

                       -

 

                       -

 

          12,485

 

          12,487

Artemis (b)

 

                       -

 

                       -

 

          72,226

 

          68,142

Uirapuru (b)

 

                       -

 

                       -

 

          22,522

 

          20,212

Sustainable Energy (b)

 

                       -

 

                       -

 

      202,389

 

       100,004

Energy Transmission Power Station (a)

 

                       -

 

                       -

 

 

 208,786

 

 

-

Intesa (a)

 

                       -

 

                       -

 

          96,331

 

          91,566

Energetica Águas da Pedra(b)

 

                       -

 

                       -

 

       123,421

 

       123,970

AETE (b)

 

                       -

 

                       -

 

          28,143

 

          25,200

Brasnorte (b)

 

                       -

 

                       -

 

          89,009

 

          39,600

Amapari (c)

 

                       -

 

                       -

 

          39,558

 

          41,423

Others

 

                       -

 

                       -

 

       342,246

 

       178,716

 

 

     4,331,358

 

     3.299.359

 

    6,770,960

 

    5,242,563

   c) Acquisition cost 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guascor

 

             3,300

 

             3,300

 

            3,300

 

            3,300

EATE

 

           12,509

 

           16,960

 

          12,509

 

          16,960

Tangara

 

           21,738

 

           21,738

 

          21,738

 

          21,738

Elejor

 

                       -

 

             9,829

 

                     -

 

            9,829

CDSA

 

           11,802

 

           11,801

 

          11,802

 

          11,801

Celesc

 

           28,242

 

           28,241

 

          28,242

 

          28,241

Cesp

 

        269,680

 

        268,679

 

       269,680

 

       268,679

Coelce

 

           15,329

 

           15,328

 

          15,329

 

          15,328

Saelpa

 

           11,272

 

           11,272

 

          11,272

 

          11,272

AES Tietê

 

           23,046

 

           23,046

 

          23,046

 

          23,046

Eletropaulo

 

-

 

-

 

31,728

 

31,728

Energias do Brasil

 

-

 

-

 

7,850

 

7,850

CPFL Energia

 

-

 

-

 

3,364

 

3,364

Others

 

-              34,956

 

-              37,355

 

        181,862

 

         201,166

 

 

        431,874

 

        447,549

 

       621,722

 

       654,302

 

 

 

 

 

 

 

 

 

 

 

  44,601,529

 

  43,682,718

 

    7,392,683

 

   5,896,865

 

 

 

 

 

 

 

 

 

 Provision for investment losses

 

(576,536)

 

 -

 

 (576,536)

 

     -

 TOTAL

 

 44,024,993

 

 43,682,718

 

  6,816,146

 

   5,896,865

 

93


Eletrobras

 

 

 

(a)   Financial statements audited by the same independent auditors.

(b)   Financial statements audited by other auditors

(c)   Report of independent auditors relating to Financial Statements not available until the closing date (primarily pre-operational companies).

(d)   Rede Lajeado has taken over EDP Lajeado

 

Eletrobras has several legal actions within the judiciary, in various stages of trial, where it is the defendant (see Note 27), in which assets representing 6.73% of the total investment portfolio have been offered as guarantee, as follows:

 

Investments

 

Investment

Value

Blocked

percentage

Blocked

Investment

 

 

 

 

 

 

CTEEP

 

1,478,447

88.93%

1,314,783

EMAE

 

316,815

100.00%

316,815

Cesp

 

269,680

95.82%

258,407

AES Tietê

 

23,046

89.22%

20,562

Coelce

 

15,328

100.00%

15,328

Duke

 

3,344

62.48%

2,089

Cemat

 

512,872

86.64%

444,352

Ceb

 

3,528

50.00%

1,764

Celpa

 

396,393

5.31%

21,048

Celpe

 

4,689

70.32%

3,297

Celesc

 

28,241

15.24%

4,304

CEEE-GT

 

494,046

87.39%

431,747

Total

 

3,546,428

 

2,834,496

Other investments

 

40,478,564

 

-

 

 

44,024,992

6.73%

2,834,496

 

I - CEEE - CRC

 

In March, 1993, the investee CEEE (currently called CEEE-D and CEEE-GT) filed an Ordinary Lawsuit against the Federal Government, pleading the recognition of certain expenses deriving from the service costs between 1981 and 1993 in the Result Accounts to Offset - CRC. The final favorable decision was given by judged the Federal Supreme Court on March, 31, 2009.

 

The decision granted the right to the Concessionaire to register service costs for adjustments in the Result Accounts to Offset - CRC and in the National Reserve for Compensation of Remuneration - RENCOR.

 

According to a court decision from November 2009, the computation of the values was determined as per Law No. 8631/1993, with amendments of Law No. 8724/1993. Based on the final decision judged and supported by an independent judicial report, with values determined by technical calculations, the investee recognized through accounting the corresponding assets, at face value, in rebuttal to the results of the year 2009, whose realization was supported by paragraph nine in Article seven of Law No. 8631/1993.

 

94


Eletrobras

 

 

Eletrobras’s management understands, however, that the mentioned CRC credit should have been recognized according to its present value, considering the maturity of CEEE-D and CEEE-GT concessions, both ending in 2015. Thus, when determining the evaluation of these investees by the equity method, at December 31, 2009, Eletrobras’s management adjusted the net assets in the amounts of R$ 222,996 and R$ 149,168, respectively, through the adoption of the present value adjustment. 

 

Information relating to partnership investments are described below:

 

 

ASSETS

LIABILITIES

 

2009

Fixed Assets

Others

Total

(Loans and Financing)

Others

Net Assets

Total

Results of the period

Energy Water Stone S.A.

625,233

94,598

719,831

459,362

9,711

250,758

719,831

(2,242)

Amapari Energia S.A.

73,216

49,649

122,865

41,435

(539)

81,430

122,326

(3,106)

Amazônia Eletronorte Transmissora de Energia S.A - AETE

93,742

18,927

112,669

55,235

(1)

57,435

112,669

16,320

ARTEMIS

251,299

50,197

301,496

121,972

32,126

147,398

301,496

18,609

Energética Águas da Pedra S.A. - EAPSA

625,233

94,598

719,831

218,314

250,759

250,758

719,831

2,242

ENERPEIXE

1,750,295

148,591

1,898,886

695,691

53,014

1,150,181

1,898,886

121,026

ESBR PARTICIPAÇÕES

2,181,955

743,098

2,925,053

1,805,651

107,459

1,011,943

2,925,053

(10,169)

STATION

239,959

19,958

259,917

-

1,494

258,423

259,917

(981)

ETAU

106,176

13,965

120,141

54,443

20,280

45,418

120,141

16,929

Integração Transmissora de Energia S.A.

543,778

25,492

569,270

347,706

27,025

194,539

569,270

11,090

Interligação Elétrica do Madeira S.A.

91,522

13,059

104,581

13

1,369

103,199

104,581

-

Manaus Construtora Ltda.

-

15,864

15,864

-

5,926

9,938

15,864

9,938

Manaus Transmissora de Energia S.A.

229,165

399,430

628,595

457,309

170,402

884

628,595

883

NORTE BRASIL

4,420

58,535

62,955

-

2,458

60,497

62,955

(1,502)

PORTO VELHO

61,196

3,951

65,147

-

767

64,380

65,147

(193)

STN-Sistema de Transmissão Nordeste S.A.

475,500

41,698

517,198

252,979

36,893

227,326

517,198

50,253

TRANSIRAPE

66,404

5,907

72,311

36,869

5,801

29,641

72,311

6,597

TRANSLESTE

112,560

12,236

124,796

57,800

6,417

60,579

124,796

12,899

TRANSUDESTE

78,628

6,285

84,913

39,932

5,035

39,946

84,913

7,800

UIRAPURU

92,442

15,518

107,960

50,640

11,356

45,964

107,960

7,799

 

 

 

ASSETS

LIABILITIES

 

2008

Fixed Assets

Others

Total

(Loans and Financing)

Others

Net Assets

Total

Results of the period

Energética Águas da Pedra S.A.

446,480

108,360

554,840

286,806

15,034

253,000

554,840

 

ARTEMIS

268,836

44,093

312,929

142,959

23,429

146,541

312,929

11,059

ENERPEIXE

1,777,059

151,981

1,929,040

809,079

67,561

1,052,400

1,929,040

130,668

ESBR PARTICIPAÇÕES

160,017

98,879

258,896

-

8,886

250,010

258,896

 

ETAU

109,214

10,407

119,621

64,083

10,966

44,572

119,621

5,264

Integração Transmissora de Energia S.A.

558,275

20,832

579,107

362,982

30,521

185,604

579,107

2,016

Manaus Transmissora de Energia S.A.

-

537,258

537,258

405,397

109,326

22,535

537,258

 

STN-Sistema de Transmissão Nordeste S.A.

485,874

47,270

533,144

266,275

36,704

230,165

533,144

44,918

TRANSIRAPE

67,026

5,536

72,562

43,051

4,900

24,611

72,562

1,087

TRANSLESTE

115,263

10,565

125,828

64,483

5,429

55,916

125,828

7,643

TRANSUDESTE

79,619

6,934

86,553

46,703

5,882

33,998

86,583

2,165

UIRAPURU

94,961

15,315

110,276

59,614

9,413

41,249

110,276

1,975

 

Over the past few years, Eletrobras signed investments in projects in partnership with the private sector, where the Company is the minority shareholder, holding preferred shares. These undertakings purpose is to operate in the area of electric energy generation and transmission, whose supplied amounts are classified under Assets - Investments.

 

95


Eletrobras

 

 

Similarly, considering the needs of investment expansion in the Energy Sector, in line with the intention of the Federal Government to attract new capital as per Law No. 10438/2002, Eletrobras subsidiary companies also hold minority ordinary shares in electricity service companies, classified under Assets - Investments, evaluated at Purchase Cost or Equity, when applicable.

 

I.    STN - It refers to the Special Purpose Company created by Chesf and by the Technical Company of Electrical Engineering - Alusa, to explore the granting of a transmission line of 546 km, 500 kV, in the stretches Teresina (PI) - Sobral and Fortaleza (CE). The capital of the company Sistema de Transmissão Nordeste is divided according to the following proportion: Alusa, 51% and Chesf, 49%. The project was concluded in December 2005 and commercial operation started in January, 2006.

 

II.    Manaus Construtora Ltda. - Special Purpose Company, established on April 6, 2009, of which the Company is a shareholder with 195 shares, together with Abengoa Holding, with 505 shares, and Eletronorte, with 300 shares. This company aims to manufacture, assemble and supply materials, labor and equipment for Oriximiná/Cariri 500 kV transmission line, Itacoatiara substation 500/138 kV and SE 500/230 kV, to be integrated into the National Interconnected System Basic Network.

 

III.  Northeast Consortium of Energy Transmission - Special Purpose Company, through the Northeast Consortium, which was granted the concession of Lot C of the Auction No. 005/2009 ANEEL, to construct, assemble, operate, and maintain the transmission facilities for a period of 30 years of São Luiz II - São Luiz III transmission line, of 230 kV, located in the State of Maranhão; of substation Pecém II, of 500 kV, located in the State of Ceará; and of substation Aquiriz II, of 230 kV, located in the State of Ceará.  Chesf holds 49% and ATP Engenharia Ltda holds 51% in the consortium shareholding.

 

IV.   Central Geradora Eólica Areia Branca - Special Purpose Company, which was granted the concession for power generation in Auction 03/2009 ANEEL, in the modality Reserve Energy (LER) - Wind Power Energy, in a consortium carried out by Chesf, with 49%. Martifer Renováveis Geração de Energia e Participações, located in the city of Areia Branca (RN), with 51%, to implement Central Geradora Eólica Areia Branca, and an average of 11 MW, with installed power of 27.3 MW, was negotiated.  Contracts of purchase and sale with duration of 20 years, with supplying starting as from July 1, 2012.

 

V.  Central Geradora Eólica Areia Branca - Special Purpose Company, which was granted the concession for power generation in Auction 03/2009 ANEEL, in the modality Reserve Energy (LER) - Wind Power Energy, in a consortium carried out by Chesf, with 49%. Martifer Renováveis Geração de Energia e Participações, located in the city of Areia Branca (RN), with 51% to implement Central Geradora Eólica Areia Branca, and an average of 8 MW, with installed power of 23.1 MW, was negotiated.  Contracts of purchase and sale with duration of 20 years, with supplying starting as from July 1, 2012.

 

VI.   Artemis Transmissora de Energia - a Company whose objective is exploring transmission lines of 525 kV, connecting Salto Santiago to Ivaiporã and Ivaiporã to Cascavel D’Oeste, where the subsidiary Eletrosul holds 49% of the capital stock shares. The operations started in October 2005.  

 

VII.       Uirapuru Transmissora de Energia - Special Purpose Company, established in 2004 to construct, operate and maintain 120 km of a 525 kV transmission line, Ivaiporã (PR) - Londrina (PR), with a concession for 30 years.  Eletrosul holds 49% of the shares representing Uirapuru capital stock, leaving Cymi Holding S.A. with 51%. The transmission line started to operate in 2006.

 

VIII.      ETAU - Empresa Transmissora do Alto Uruguay - Special Purpose Company established to construct, operate and maintain 187 km of a 230 kV transmission line, Campos Novos (SC) - Barra Grande (SC) - Lagoa Vermelha (RS) - Santa Marta (RS), with a concession for 30 years. Eletrosul holds 27.4% of ETAU capital stock shares, leaving the companies Terna Participações S.A. with 52.6%, DME Energética Ltda with 10%, and Companhia Estadual de Energia Elétrica - CEEE with 10%. The transmission line started to operate in 2005.

 

96


Eletrobras

 

 

IX.   Energia Sustentável do Brasil - Special Purpose Company whose objective is the exploration of the concession and commercializing the energy from Jirau Hydroelectric Plant, on the Rio Madeira (RO), with minimum installed power of 3,300 MW, and estimated operation beginning in 2013. Eletrobras System holds 40% of the company's capital (Chesf - 20% and Eletrosul - 20%), together with the companies Suez Energy South America Participações Ltda.  (50.1%) and Camargo Corrêa S.A. Investimentos em Infraestrutura S.A. (9.9%). The concession period of the project is 35 years.

 

X.    Norte Brasil Transmissora de Energia - Special Purpose Company whose objective is the construction, implemention, operation, and maintenance of the Electricity Transmission Public Utility of the Interconnected Electric System Basic Network, consisting of collector Transmission Line Porto Velho - Araraquata, stretch 02, with Direct Current, at approximately 600 KV, with a concession for 35 years. Eletrobras System holds 49% of the capital stock shares (Eletrosul holds 24.5% and Eletronorte, 24.5%), leaving Andrade Gutierrez Participações with 25.5% and Abengoa Concessões do Brasil Holding S/A with 25.5%.

 

XI.   Estação Transmissora de Energia - Special Purpose Company whose objective is the construction, implementation, operation, and maintenance of the Electricity Transmission Public Utility of the Basic Network Interconnected System, consisting of the station Refiticadora No. 1 with alternating current/direct current, and of the Inverter Station No. 1 with direct current/alternating current, 600/500 KV - 2950 MW, with a concession for 35 years.  Eletrobras System holds 49% of the capital stock shares (Eletrosul holds 24.5% and Eletronorte, 24.5%), leaving Andrade Gutierrez Participações with 25.5% and Abengoa Concessões Brasil Holding S/A with 25.5%.

 

XII.      Porto Velho Transmissora de Energia - Special Purpose Company whose objective is to establish, operate and maintain Collector Transmission Line Porto Velho (RO), Collector Substation Porto Velho (RO), at 500/230 KV, and two Converter AC/DC/AC Back-to-Back, at 400 MW, as well as the other facilities, with a concession for 35 years. Eletrobras System holds 49% of the capital stock shares (Eletrosul holds 24.5% and Eletronorte, 24.5%), leaving Andrade Gutierrez Participações with 25.5% and Abengoa Concessões Brasil Holding S/A with 25.5%.

 

XIII.      Amazônia Eletronorte Transmissora de Energia - Special Purpose Company established for the construction, operation and maintenance of 2 transmission lines of 230 KV, Coxipó (MT) - Cuiabá (MT), with a length of 25 km, and Cuiabá (MT) - Rondonópolis (MT) with a length of 168 km, having started its operations in August, 2005. Eletronorte holds 49% of AETE’S capital stock.

 

XIV.     Intesa - Integração Transmissora de Energia - Special Purpose Company established for the construction, implementation, operation, and maintenance of Electricity Transmission Line at 500kV, in the stretches Colinas - Serra da Mesa 2, 3rd circuit, with a concession for 30 years. The capital of Intesa is divided as follows: Eletrobras System, with 49% (Chesf - 12% and Eletronorte - 37%) and Brasil Energia Private Equity Investment Fund - FIP, with 51%. Intesa’s commercial operations began in 2008.

 

XV.      Energética Águas da Pedra - Special Purpose Company originated from Aripuanã Consortium, which was relating to contracts of energy from new projects, with subsequent granting for HEP Dardanelos implementation, under the Regulated Contracting Environment.  Eletrobras System holds a share of 49% (Chesf - 24.50% and Eletronorte - 24.50%) together with Neoenergia S.A., which holds 51%. The power plant will be implemented in Rio Aripuanã, located in northern Mato Grosso State, with power of 261 MW and total average power ensured of 154.9 MW. The first machines are estimated to start operating in 2011, and average of 147 MW was commercialized for the period between 2011 and 2041, with a concession for 35 years.

 

XVI.        Amapari Energia - Special Purpose Company established in 2007 in a partnership between MPX Energia S.A. and Eletronorte, which aims to establish itself as an Electricity Independent Producer (PIE), with initial installed capacity of 23.33 MW. This is a diesel oil thermal power station (TPS) in the city of Serra do Navio, State of Amapá. Eletronorte holds a share of 49% and MPX Energia a share of 51%.

 

97


Eletrobras

 

 

XVII.       Brasnorte Transmissora de Energia - Special Purpose Company established in 2007 aiming to explore the granting of Juba - Jauru Transmission Line, 230 kV, with extension of 129 km; Maggi - Nova Mutum Transmission Line, 230 kV, extension of 273 km; Juba Substation, 230/138 kV and Maggi Substation, 230/138 kV. Eletronorte holds a capital stock share of 49.71%, Terna Participações S/A of 38.70% and Bimetal Ind. e Com. de Produtos Metalúrgicos LTDA of 11.62%.

 

XVIII.    Manaus Transmissora de Energia - Special Purpose Company, established in 2008 by the Amazônia Consortium, with Eletronorte holding a share of 30%, Abengoa Concessões Brasil Holding of 50.50% and Chesf of 19.50%. It aims to construct, operate and maintain Oriximiná(PA)/Itacoatiara(AM) Line Transmission, double circuit, 500KV, with extension of 374 km; LT Itacoatiara(AM)/Cariri(AM), double circuit 500KV, with extension of 212 km; and Itacoatiara Substation, at 500/230 KV, 1.800MVA.

 

XIX.    Enerpeixe - It refers to the Special Purpose Company called Enerpeixe S.A., whose objective is the construction and operation of HPE Peixe Angical, located on the Tocantins River, whose generation capacity is 452 MW, having Furnas holding 40% of the capital stock, with operations that started on May, 2006.

 

XX.     Transleste - Special Purpose Company established in 2003, with the objective to implement and operate, for a period of 30 years, the transmission line connecting Montes Claros (MG) to Irapé (MG), at 345 kV of voltage and with extension of 150 km. The subsidiary Furnas holds 24% of the capital stock. The transmission line started to operate in 2005.

 

XXI.        Transudeste - Company established in 2004, with the objective to implement and exploit, for a period of 30 years, the transmission line connecting Itutinga (MG) to Juiz de Fora (MG), at 345 kV of voltage and with extension of 140 km. The subsidiary Furnas holds 25% of the capital stock. The transmission line started to operate in 2007.

 

XXII.       Transirapé - Society established in 2004 with the objective of constructing, operating and maintaining the Irapé (MG) - Araçuaí (MG) electricity transmission line facilities, at the voltage of 230 kV, with 65 km of extension. The subsidiary Furnas holds 24.5% of the capital stock. The transmission line started to operate on May, 2007.

 

XXIII.     Chapecoense - Refers to the Special Purpose Company called Generation Chapecoense SA, whose objective is to construct and operate the HEP Foz do Chapecó, located on the Uruguay River. Furnas holds 49.9% of the capital stock share of the company that will manage the plant, with capacity of 855 MW, which will be operated by the Chapecoense consortium composed by CPFL (51%), Chapecoense (40%), and CEEE-GT (9%), Furnas being responsible for the owner’s engineering activities through services.  The first machine is estimated to start operating in August, 2010.

 

XXIV.   Serra do Facão - Special Purpose Company established with the objective of constructing and operating the HPE Serra do Facão, with installed power of 210 MW, located on the São Marcos River in the State of Goiás. Furnas holds 100% of the consortium shares. The first machine is estimated to start operating on May, 2010.

 

XXV.      Retiro Baixo - Specific Purpose Company, called Retiro Baixo Energética S.A., established to implement and manage the HEP Retiro Baixo, with installed power of 82 MW, located on the Paraopeba River, in Minas Gerais municipalities of Curvelo and Pompeu. FURNAS holds 49% of the capital stock and the works began in March, 2007, and the commercial operation of the first machine started in 2009.

 

XXVI.     Baguari Energia - It is a Special Purpose Company, established to implement and exploit the HEP Baguari, located on the Doce River, in the State of Minas Gerais, with a capacity of 140 MW and with activities estimated to begin in 2009. Furnas holds 30.61% of the capital stock and the investment balance on December 31, 2009 is fully registered as an advancement for future capital increase.

 

XXVII.        Centroeste de Minas - Company established in 2004 with the objective to implement and exploit, for a period of 30 years, the transmission line connecting Furnas (MG) to Pimenta (MG), at 345 kV of voltage and with extension of 75 km. The subsidiary Furnas holds 49% of the capital stock.

 

98


Eletrobras

 

 

XXVIII.   MESA Consortium - Special Purpose Company established in 2007 with the objective to construct to perform and operate the construction project of the HEP Santo Antônio, on the Madeira River, (RO). The capital of MESA Consortium is held by Furnas (39%), Odebrecht Investimentos (17.6%), Andrade Gutierrez Participações (12.4%), Cemig (10%), Investment Funds, Amazon Investment Funds and Shares (20%), and Construtora Norberto Odebrecht (1%).

 

XXIX.     IE Madeira - Special Purpose Company established with the purpose of constructing, implementing, operating, and maintaining the electricity transmission power of the National Interconnected System basic network, LT Collector Porto Velho - Araraquara, stretch 01, DC, 600 KV, Retifier Station number 02 AC/DC, 500 KV/+ 600KV - 3,150 MW; Inverter Station number 02 AC/DC, 600KV/5020KV - 2,950. Eletrobras System holds 49% of the capital stock shares (Furnas, 24.5% and Chesf, 24.5%), and CTEEP, 31%.

 

XXX.     IGESA - Special Purpose Company established in 2008, with the objective to study the technical and economic, environmental and legal feasibility of the hydroeletric utilization of Inambari (Peru), on the Inambari River, and of the Exclusive Use Transmission system, interconnecting Peru to Brazil, as well as the import and export of goods and services. Eletrobras System holds 49% of the capital (Furnas, 19.6% and Eletrobras, 29.4%) and the company is in the pre-operational stage.

 

XXXI.     Transenergia - Special Purpose Company established with the purpose of constructing, implementing, operating, and maintaining the electricity transmission line of the Brazilian Interconnected Electric System basic network, lot C, of the Auction No. 008/2008-ANEEL. Furnas holds 49% of the capital.

 

XXXII. Eletronet - The subsidiaries Furnas, Chesf, Eletronorte, and Eletrosul (ceding companies) recognized the need to make associations with the private sector and, also, with a company from the Eletrobras System - Eletropar, which would intermediate and, consequently, perform as their representative under their guidelines, in view of their business interests and by the use of their transmission infrastructure, before private partners.

 

Eletropar holds a minority share of 49% of Eletronet S.A. - Eletronet capital stock, performing as a representative of the interests of Eletrobras subsidiaries that assign electricity with Eletronet, which is responsible for the transfer of business yields to the mentioned ceding companies, and it is entitled to a management fee and the refund of its expenses on account of such business.

 

Eletropar, as of September 20, 2002, took over the management of Eletronet, due to default of the majority shareholder AES Bandeirante Empreendimentos Ltda. to provide the monetary adjustment of the capital stock 4th portion.

 

In 2003, the Board of Directors of Eletronet decided to declare the company’s bankruptcy, since all possibilities of keeping it as a going concern had been exhausted, and there was no perspective of a definitive solution. 

 

At the Extraordinary General Meeting of Eletronet held in April, 2003, the shareholders approved the declaration of the company’s bankruptcy with a temporary restraining order on the continuation of its business and the management was authorized to take the appropriate legal measures.

 

In May 2003, Eletronet requested the Judiciary Branch of the State of Rio de Janeiro the declaration of its bankruptcy with a temporary restraining order on the continuation of its business, and the 5th Corporate Court decreed its bankruptcy as requested. Thus, Eletronet continued operating under the administration of the Judiciary Branch.

 

In June 2006, Eletropar and the bankrupt Eletronet S.A. received extrajudicial notifications from the ceding companies, unilaterally terminating the Agreement signed with Eletropar in 1999, and respective Addenda, which set forth the conditions for the latter to transfer to Eletronet the right to access and use cables and infrastructure, as well as to be refunded for 50% of the costs incurred in managing this structure. However, we point out that this termination does not comprise the credits receivable corresponding to the reimbursements due and charged until December 31, 2006. 

 

99


Eletrobras

 

 

The ceding companies, based on contractual provisions, requested, among other things: a) to be vested in the possession of assets comprising the infrastructure implemented to provide telecommunication services; b) to exercise the right of claiming the optical cables; and c) to maintain the basic services of the Brazilian electricity transmission integrated system, as well as the non-interruption of services provided by Eletronet's employees.

 

On the same date, the ceding companies filed a petition at the 5th Corporate Court of the District of Rio de Janeiro requesting an injunction, which was definitively granted on January 14, 2008, only pending for its effectiveness the release of R$ 380,000 thousand in the checking account of the bankrupt Eletronet S/A, being the amount determined by the court expert.  In view of this decision, the ceding companies LT Bandeirantes Empreendimentos Ltda. (successor of AES Bandeirantes Empreendimentos Ltda. and partner of Eletropar in Eletronet), and the bankrupt estate of Eletronet S/A filed an interlocutory appeal.

 

It is worth mentioning the opinion of the 5th Bankrupt Estates Prosecutor Office, dated May 9, 2007, page 4,781 of the bankruptcy records, declaring there is no indication of bankruptcy crime in the adjudication of the bankruptcy, and accordingly, in addition to the lapse of the punitive claim on May 15, 2007, it was not necessary to start a legal investigation.

 

II) Sureties Granted to Related Parties

 

The sums of sureties granted by the Company in favor of the subsidiaries are described below:

 

 

 

PARENT COMPANY

 

 

 

 

12/31/2009

 

12/31/2008

Eletrosul/Chesf

 

HEP Jirau

 

7,273,395

 

-

Eletrosul

 

HEP Mauá

 

364,834

 

-

Eletrosul

 

HEP Passo São João

 

183,330

 

183,330

Furnas / Eletronorte

 

HEP Santo Antonio

 

6,638,593

 

-

Furnas

 

HEP Simplício

 

1,034,410

 

1,034,410

Eletronorte

 

Substation Miranda II

 

47,531

 

-

CGTEE

 

CCEE Operations

 

12,500

 

-

 

 

 

 

15,554,593

 

1,217,740

 

III - In October, Eletrobras’s Board of Directors approved the Company’s equity interest in Centrales Hidroelétricas de Centroamérica - CHC, with the purpose of preparing and developing the feasibility studies and the basic project of HEP TUMARIN, in Nicaragua.

 

This operation is dependent on the determination of the value regarding the rights and obligations to be used by Construtora Queiroz Galvão for the payment of its shares, and to whether Construtora Queiroz Galvão and CHC will accept the stipulated value. Should the amount estimated by the aforementioned audit be lower than the one informed by Construtora Queiroz Galvão, the latter will make a cash transfer of the additional amount for the payment of shares.

 

Eletrobras will hold a 50% share in CHC’s capital.

 

NOTE 17 - FIXED ASSETS

 

The amount of fixed assets, the analysis of which is shown in the Exhibits IV and IV-A, is adjusted by liabilities connected with the electricity public utility concession representing the amounts received from the federal, state and municipal governments and consumers, as well as donations not subject to any return to the donator, with their maturity subject to the end of the respective concession, and comprise the following:

 

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

Federal Government contribution

      933,628

 

744,613

Amortization

      375,395

 

82,416

Consumers’ contributions

        65,607

 

62,672

Donations and subsidies - investments

      213,519

 

291,079

Others

    180,562

 

168,469

 

     1,768,711

 

1,349,249

 

100


Eletrobras

 

 

a) Federal government contribution - this refers to the funds received from the federal government to be used in priority work of electricity generation and transmission.

 

b) Amortizations - these derive from reserves for amortization recorded up to 1971, pursuant to Federal Decree 41019/57, which were used until that year in the expansion of the electricity public utility.

 

c) Consumers’ contributions - these refer to the funds received to make feasible the execution of projects necessary to meet the demands of electricity supply, not included in the services expansion planning.

 

d) Donations and subsidies - donations, not subject to any return to the donator and subsidies for investments in the electricity public utility.

 

According to the Decree 41019 of February 26th, 1957, the assets and facilities used in the production, transmission and distribution of electricity are restricted to these services and may not be removed, sold, assigned, or given as mortgage guarantee without the previous and express authorization of the regulatory authority.

 

 

I) Extension of Hydroelectric Power Plant Samuel - HEP Samuel concession:

 

Decree No. 83975 of September 14th, 1979, granted Centrais Elétricas do Norte do Brasil S.A. - Eletronorte the concession for the use of hydraulic electricity of a stretch of the Jamari River, in the city of Porto Velho, State of Rondônia, with a 30-year term of effectiveness, which expired in September 2009. 

 

On July 18th, 2006, Eletronorte submitted to ANEEL the request to extend the concession of the HEP Samuel and the consequent execution of the concession agreement.

 

On March 11th , 2010 HEP Samuel granting was extended for another twenty years. Such extension depends on the signature of the granting contract between Eletronorte and ANEEL. 

 

II) Recoverable values of long-lived assets

 

On December 31, 2009 the management of the Company and its subsidiaries carried out an assessment of the long-lived assets recovery, mainly the fixed assets maintained and used in operations, with a view to identifying eventual impairment of these assets or groups of assets, which may lead to a non-full recovery, in compliance with the Accounting Pronouncement CPC 01 - reduction to the assets recoverable value.

 

The Company's management, supported by the opinion of independent legal counsel, considered the realization of the residual value of net assets at the end of the electricity public utility concession, based on the book value.  It also considered the depreciation, the asset's useful life and not the concession term.

 

The fair value calculation utilizes estimated future cash flows, discounted to present value by the discount rate before taxation that reflects the market conditions, current cash value and specific risks, based on electricity generation, transmission and distribution business sectors.

 

In 2008 the Company recorded an amount of R$ 770,231 as a provision to reduce the recoverable value of assets (impairment). This amount is substantially represented by the HEP Samuel provision due to its expired concession date.  As detailed above, ANEEL extended for 20 years the concession of HEP Samuel. The renewal made it possible for the subsidiary Eletronorte to reverse in 2009 the provision of the previous year. 

 

101


Eletrobras

 

 

NOTE 18 - INTANGIBLE ASSETS

 

Specific expenses related to the establishment or acquisition of rights are recorded, including software, plus respective implementation costs where applicable, and amortized by the straight-line method.

 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

  Operating

 

        61,114

 

       61,114

 

      518,137

 

     357,822

  (-) Reintegration

 

       (9,260)

 

      (7,408)

 

   (132,830)

 

    (78,388)

  In progress

 

-

 

                -

 

      141,457

 

       96,377

 

 

        51,854

 

       53,706

 

      526,764

 

     375,811

 

NOTE 19 - SUPPLIERS

 

This mainly includes the energy purchased from Itaipu Binacional (see Note 8, item II) with the following breakdown:

 

 

 

 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

CURRENT

 

 

 

 

 

 

 

 

Goods, materials and services

 

       100,544

 

206,241

 

    1,672,582

 

1,170,045

Energy purchased for resale

 

    1,409,363

 

1,445,709

 

    1,778,466

 

1,379,546

CCEE - Short-term energy

 

                     -

 

24,121

 

          20,686

 

44,976

 

 

    1,509,907

 

1,676,071

 

    3,471,734

 

2,594,567

 

NOTE 20 - ADVANCES FROM CLIENTS

 

 

 

 PARENT COMPANY

 

 CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

 CURRENT

 

 

 

 

 

 

 

 

 ALBRÁS

 

                -

 

               -

 

      39,292

 

      37,778

 PROINFA 

 

       24,108

 

      15,381

 

      24,108

 

      15,381

 

 

 

 

 

 

 

 

 

 

 

       24,108

 

      15,381

 

      63,400

 

     53,159

 NON-CURRENT

 

 

 

 

 

 

 

 

 ALBRÁS

 

                -

 

               -

 

    978,980

 

 1,018,488

 

 

24,108

 

      15,381

 

 1,042,380

 

  1,071,647

 

I - ALBRÁS

 

The subsidiary Eletronorte won the electricity purchase auction conducted by ALBRÁS in 2004 for a period of 20-years supply, at an average of 750 MW/month until December 2006 and 800 MW/month between January 2007 and December 2024, setting a price compatible with the UHE Tucuruí break-even tariff as a parameter, plus a premium calculated according to the aluminum price on the London Metal Exchange (LME) - England.

 

Based on these conditions, ALBRÁS, aiming at reducing the basic price, made an energy pre-purchase offering with advance payment, comprising energy credits which will be amortized during the supply period in fixed monthly installments in average MW, according to the tariff effective in the billing month.

 

The operation took place as follows:

 

 

 

PARENT COMPANY AND CONSOLIDATED

Advances Received

 

12/31/2009

 

12/31/2008

2004

 

300,000

 

300,000

2005

 

500,000

 

500,000

2006

 

250,000

 

250,000

2007

 

150,000

 

150,000

Total

 

1,200,000

 

1,200,000

Amortizations

 

(181,728)

 

(143,734)

Total liabilities

 

1,018,272

 

1,056,266

 

102


Eletrobras

 

 

II - PROINFA

 

PROINFA, enacted by Law No. 10,438/2002, and amendments, aims at diversifying the Brazilian energy matrix and seeking regional solutions with the utilization of renewable energy sources, by means of economic utilization of available inputs and applicable technologies, resulting in higher participation of electricity generated based on new sources.

 

The program ensures that Eletrobras can purchase the electricity to be generated for a period of 20 years, as from 2006, which will be transferred to the distribution concessionaires, free consumers and self-producers, excluding low income consumers proportionally to consumption.

 

The transmission and distribution concessionaires pay to Eletrobras the annual amount of cost corresponding to the contribution of captive customers, free consumers and self-producers connected to its facilities, in twelve monthly installments, in the month before the reference date of energy consumption.

 

In addition, in order to deal with the required payment needs to PROINFA’s generation projects, in the first year of operations of the Program, the distribution and transmission concessionaires, in addition to the quotas related to the current year, anticipated the payment of a twelfth of the annual quota, considering the contracting of all projects included in PROINFA.

 

NOTE 21 - FINANCING AND LOANS

 

The analysis of financing and loans, including charges, whose funds are earmarked for the investment program of the Eletrobras System, are shown in Exhibit V (see Note 43).

 

I - Receivables securitization fund - FIDC:

 

The financial statements, in accordance with CVM Rule No. 408/2004, given the characteristics of funds, consider the receivables balance as an integral part of assets, maintained under the origin classification, and the amount of FDIC net assets reflected as long-term and short-term financing, whose total balance on December 31, 2009 is R$ 71,671 (December 31st, 2008 - R$ 311,907), see Exhibit V.

 

II - Eletrobras’s Agreements:

 

Eletrobras’s liabilities include loan agreements executed between Eletrobras and multilateral agencies, such as IDB, KFW and EXIMBANK, guaranteed by the federal government. These agreements observe a standard of covenants applicable to agreements with multilateral agencies, in which these clauses are usually agreed upon in negotiations with this type of entity;

 

In the A/B Loan agreements of syndicated loan between CAF and commercial banks, Eletrobras has covenants typically practiced in the market, among which can be mentioned: existence of corporate guarantees, change of corporate control, compliance with licenses and authorizations, and restriction to significant disposal of assets;

 

In 2009, Eletrobras concluded the issue of bonds on the international market amounting to US$ 1,000,000.  

 

The bonds were issued with a 10-year term, maturing on July 30, 2009, with total redemption at the maturity and with a biannual interest coupon at a rate of 6.875% per year, allowing the investors who bought the referred bonds at the release date a yield of 7.0% per year. The issuing price was of 99.112% of the face value, of which 60% of the offerings were from the United States, 30% from Europe and 10% from Asia.

 

The resources obtained from this operation with the international market constitute the fund to finance the subsidiaries, aiming to ensure the compliance of the Eletrobras System investment program. 

 

103


Eletrobras

 

 

There are no contracts with financial ratio clauses in Eletrobras’ liabilities.

 

Negotiations are being developed with other multilateral agencies, such as the European Investment Bank and the French Development Agency, with a view to obtaining new financing lines.

 

NOTE 22 - COMPULSORY LOAN

 

The electricity consumption Compulsory Loan, enacted by Law No. 4,156/1962 with the objective of generating funds for the expansion of the Brazilian energy sector, was extinguished by Law No. 7181 of December 20, 1983, which defined the date of December 31, 1993 as the final date for collection.

 

In the first phase of this Compulsory Loan, ended with the enactment of Decree-Law 1512/1976, the collection included various classes of energy consumers and the credits were represented by bearer bonds issued by Eletrobras.

 

In a second phase, starting with provisions contained in the mentioned Decree-law, the Compulsory Loan in question was charged only to industries with monthly energy consumption exceeding 2,000 kWh, and the credits were no longer represented by bonds, but only recorded in book entry form by Eletrobras.

 

The remaining Compulsory Loan balance, after the 4th conversion into shares on April 30, 2008, related to the 1988-2004 credits, is recorded in current and non-current liabilities, maturing as of 2008, and accruing annual interest of 6%, plus monetary adjustment based on the IPCA-E variation and corresponds, on December 31, 2009 to R$ 140,299 (December 31st, 2008 - R$ 215.071), of which R$ 127,358 are non-current (December 31st, 2008 - R$ 129,866).

 

I - Bearer bonds issued by Eletrobras

 

The bearer bonds issued as a result of the Compulsory Loan are not marketable securities, and not traded on stock exchanges, are not quoted and are unenforceable. Thus, Eletrobras management clarifies that the Company does not have outstanding debentures.

 

The issue of these bonds was a legal imposition and not a decision of Eletrobras. Likewise, this was not the wish of the bondholders, but they had to comply with a legal duty by force of Law No. 4,156/1962. The provisions of Law No. 6404/1976 and Law No. 6,385/1976 do not apply to these bonds.

 

The Brazilian Securities Commission's Board decision rendered in the administrative proceeding CVM RJ 2005/7230, filed by holders of these bonds, affirms verbatim that "the bonds issued by Eletrobras as a result of Law No. 4,156/1962 may not be deemed as securities."

 

CVM also understood that there is neither irregularity in the procedures adopted by Eletrobras concerning its financial statements referring to these bonds, nor in the reporting of lawsuits (see Note 27) seeking the redemption of these bonds.

 

In addition, the unenforceability of these bearer bonds was reinforced by decisions of the Superior Court of Justice, which reiterated the understanding that they became time-barred and they cannot be used as guarantee of tax foreclosures.

 

Therefore, Bearer Bonds issued in the first phase of this compulsory loan, as resolved by the Brazilian Securities Commission - CVM, cannot be considered as debentures. In addition, by force of provisions in Article 4, paragraph 11 of Law No. 4,156/1962 and Article 1 of Decree No. 2,0910/1932, they are unenforceable, a condition confirmed in newsletter 344 of the Superior Court of Justice - STJ, mentioning that these bonds cannot be used as guarantee of tax foreclosures, since they are not liquid and they are not debentures.

 

104


Eletrobras

 

 

As a result, the liabilities related to the Compulsory Loan represent the residual credits established between 1988 and 1994 from industrial consumers with consumption exceeding 2,000 kW/h, referring to the second phase of this Compulsory Loan, as well as interest not claimed related to these credits, as follows:

 

 

 

PARENT COMPANY

 

 

12/31/2009

 

12/31/2008

CURRENT

 

 

 

 

  Interest Payable

 

12,941

 

85,205

NON-CURRENT

 

 

 

 

  Credits Collected

 

127,358

 

129,866

 

 

140,299

 

215,071

 

NOTE 23 - GLOBAL REVERSION RESERVE

 

This fund was created by the federal government to cover expenses related to indemnities of electric public utility concession reversions. The funds, while not used for the purposes for which they are destined, are used in the granting of financing for the expansion of the Brazilian electricity sector, improvement of the service and implementation of federal government programs.

 

The contribution to establish the RGR is the responsibility of the electric public utility concessionaires, by means of a quota called reversion and the appropriation of electricity services of up to 2.5% of the concessionaires and licensees investments, limited to 3% of annual revenues. The quota value is calculated as a service cost component of those entities (see Note 4, item I.k).

 

The concessionaires pay their RGR annual quotas, in twelve monthly installments, into a restricted bank account managed by Eletrobras, which operates the account within the limits provided for by Law No. 5,655/1971 and further amendments, not reflected in the Company's financial statements, since it is an independent entity in relation to Eletrobras.

Nevertheless, Eletrobras raises funds from the RGR to be used in specific investment projects, financed thereby, especially:

 

I - expansion of electricity distribution services;

 

II - incentive to alternative electricity sources;  

 

III - inventory and feasibility studies for the development of hydroelectric projects;

 

IV - implementation of power generation units of up to 5,000 kW, exclusively for public utility in communities assisted by an isolated electric system;

 

V - efficient public lighting;

 

VI - electricity conservation by means of improved quality of products and services;

 

VII - universalization of access to electricity.

 

Eletrobras remunerates the RGR for the funds used with annual interest of 5%. On December 31, 2009, the balance withdrawn from the Fund and used in various investments amounted to R$ 7,656,946 (December 31, 2008 - R$ 7,193,770).

 

NOTE 24 - FUEL CONSUMPTION ACCOUNT - CCC

 

Pursuant to Law No. 8,631 as of March 4, 1993, Eletrobras manages the amounts related to the collection made by electricity utility concessionaires to be credited in the Fuel Consumption Account - CCC, corresponding to annual quotas allocated to electricity generation fuel expenses. The amounts recorded in current assets, in contra account to current liabilities, correspond to the availability of funds held in a blocked bank account of restricted use and to quotas not settled by the concessionaires.

 

105


Eletrobras

 

 

NOTE 25 - TAXES AND SOCIAL CONTRIBUTIONS

 

 

PARENT COMPANY

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

Income Tax

 

 

 

 

 

 

 

  Current liabilities

160,845

 

     928,955

 

    343,945

 

  1,041,225

  Non-current liabilities

                -

 

     694,031

 

    128,830

 

  1,187.824

Social Contribution

                -

 

 

 

 

 

 

  Current liabilities

       59,748

 

     343,291

 

    119,216

 

     417,942

  Non-current liabilities

                -

 

     249,851

 

      46,379

 

     428,870

PASEP and COFINS

                -

 

 

 

 

 

 

  Current liabilities

801

 

       69,366

 

    104,957

 

     186,139

  Non-current liabilities

                -

 

                 -

 

      29,995

 

       38,639

ICMS

                -

 

 

 

 

 

 

  Current liabilities

                -

 

                 -

 

      83,570

 

       93,940

  Non-current liabilities

                -

 

                 -

 

      21,053

 

       45,764

PAES

                -

 

 

 

 

 

 

  Current liabilities

                -

 

                 -

 

    133,405

 

     129,140

  Non-current liabilities

                -

 

                 -

 

    883,458

 

     958,697

OTHERS

 

 

 

 

 

 

 

  Current liabilities

       15,166

 

       22,242

 

    340,558

 

     207,340

  Non-current liabilities

                -

 

                 -

 

      45,695

 

       53,870

Total

     236,560

 

  2,307,736

 

 2,281,062

 

  4,789,390

  Current liabilities

236,560

 

  1,363,854

 

 1,125,652

 

  2,075,726

  Non-current liabilities

                -

 

     943,882

 

 1,155,410

 

  2,713,664

 

a) Tax Incentives - SUDENE

 

The Provisional Measure 2199-14 of August 24, 2001, amended by Law No. 11,196 of November 21, 2005, authorizes the northeast region companies with projects in the infrastructure sector deemed by the Executive Branch as priority for the regional development, to reduce their income tax for the purposes of investments in installation, expansion, modernization, or diversification projects.

 

In 2008, the subsidiary Chesf obtained the right to reduce by 75% its income tax, calculated based on the operating profit, as defined. Such incentive was granted until 2017.

 

This year, the tax incentives mentioned above amounted to R$ 163,153 (R$ 343,251 on December 31, 2008), recorded in the income for the year as a reduction of income tax, in compliance with the Pronouncement CPC 07. 

 

b) Reconciliation of income tax and social contribution expenses

 

The reconciliation between IRPJ and CSLL amounts in 2009 and those based on the nominal (standard) tax rates is as follows:

 

 

 

PARENT COMPANY

 

 

12/31/2009

 

12/31/2008

 

 

IRPJ

 

CSSL

 

IRPJ

 

CSSL

Profit before IRPJ and CSLL

 

(1,069,028)

 

(1,069,028)

 

8,481,396

 

8,481,396

 

 

 

 

 

 

 

 

 

Total IRPJ and CSLL calculated at the rates of 25% and 9%, respectively

 

  (267,257)

 

    (96,213)

 

2,120,349

 

763,326

 

 

 

 

 

 

 

 

 

Effects of additions and (exclusions):

 

 

 

 

 

 

 

 

  Dividend income

 

    (25,967)

 

      (9,348)

 

   (22,161)

 

    (7,978)

  Equity accounting

 

  (551,488)

 

  (218,229)

 

   (57,028)

 

  (20,530)

  Provision of JCP

 

  (185,377)

 

    (66,736)

 

 (428,814)

 

(154,373)

  Provision for reduction to market value

 

     264,162

 

       95,098

 

     71,985

 

    25,915

  Other additions (exclusions)

 

  (166,566)

 

  (38,633)

 

     16,428

 

    14,780

 

 

 

 

 

 

 

 

 

Total IRPJ and CSLL expenses

 

(932,493)

 

(334,061)

 

1,700,759

 

621,140

 

Special Installment Program - PAES

 

The subsidiaries Furnas, Eletrosul, Eletronorte, Amazonas Energia, and Ceal opted for refinancing their tax liabilities. The financing term is limited to 180 months and the outstanding balance is adjusted by the long-term interest rate - TJLP and SELIC.

 

106


Eletrobras

 

 

The debt related to the Special Installment Program - PAES on December 31, 2009, is as follows:

 

 

 

CONSOLIDATED

PAES balance at December 31, 2008

 

           1,087,837

 

 

 

  Monetary adjustment

 

              123,315

  Reduction of arrears surcharges - Law No. 11941/2009

 

               (9,713)

  Tax Credit - Utilization of tax loss - Law No. 11941/2009

 

             (10,003)

  Payments 

 

           (174,573)

  PAES Balance on March 31, 2009

 

1,016,863

 

NOTE 26 - REGULATORY FEES

 

 

 

CONSOLIDATED

CURRENT

 

12/31/2009

 

12/31/2008

  Global Reversion Reserve - RGR

 

        138,102

 

99,039

  CCC/CDE

 

         21,384

 

33,112

  Financial compensation - water resources

 

405,436

 

536,133

  ANEEL inspection fee

 

           7,010

 

11,965

  PROINFA

 

         16,941

 

27,427

  Others

 

7,595

 

609

 

 

        596,468

 

708,285

 

NOTE 27 - SHAREHOLDERS’ REMUNERATION

 

I - The Company's Bylaws set forth as a mandatory minimum dividend 25% of the net income, adjusted in accordance with the Brazilian Corporation Law, observing the minimum remuneration for Classes A and B preferred shares of 8% and 6%, respectively, of the capital stock related to these types and classes of shares.

 

Below is shown the adjusted net income and the value of the mandatory minimum dividend, pursuant to applicable law, as well as the total remuneration offered to the shareholders, to be resolved at the Ordinary General Meeting:

 

 

 

PARENT COMPANY

 

 

2009

 

2008

Year’s net income

 

170,526

 

6,136,497

Legal reserve

 

(8,526)

 

(306,825)

Adjusted net income

 

161,990

 

5,829,672

 

 

 

 

 

Mandatory minimum dividend - 25%

 

40,500

 

1,457,418

 

 

 

 

 

Remuneration offered to shareholders in the form of JCP

 

 

 

 

   Ordinary shares

 

370,755

 

1,343,855

   Class A preferred shares

 

319

 

319

   Class B preferred shares

 

370,435

 

371,080

 

 

741,509

 

1,715,254

 

In 2009 Eletrobras recorded interest on capital - JCP amounting to R$ 741,509 as full remuneration to shareholders, attributed to the dividends for that year, according to the statutory provisions, whose remuneration per share was as follows:

 

 

Remuneration per share - in R$

 

 

 

12/31/2009

 

12/31/2008

Common shares

1,7735% of capital (2008 -6.4283%)

 

0.41

 

1.48

Class A preferred shares

9,4118% of capital (2008 - 9.4118%)

 

2.17

 

2.17

Class B preferred shares

7,0588% of capital (2008 - 7.0588%)

 

1.63

 

1.63

 

According to the prevailing tax laws, a 15% withholding income tax is levied on the remuneration proposed for shareholders as interest on capital.

 

The remuneration to shareholders related to 2009 corresponds to 457.72% of the adjusted net income in accordance with Law No. 6,404/1976 (2008 -29.41%) and will be adjusted based on the SELIC rate disclosed by the Brazilian Central Bank, according to Decree 2673 of July 16, 1998, which establishes state federal companies’ payment of dividends or interests on their capital.

 

107


Eletrobras

 

 

The update covers from January 1, 2010 until the date of the actual commencement of the remuneration payment, being the date to be decided by the Ordinary General Meeting, which will assess the present Financial Statements and the proposed allocation of this year’s results. The IRRF incurs on the installment related to monetary restatement by the SELIC rate, according to the effective legislation.

 

In compliance with CVM Deliberation 207/1996, Eletrobras, for purposes of meeting the fiscal rules, accounted for this interest in return for financial costs, reverting them in a specific account, by choosing not to present them, however, in the Statement of Operations, in view of not having effects on net income, but only fiscal effects recognized under “Social Contribution on Net Income” and “Income Tax”.

 

In accordance with the resolutions of the 49th Ordinary General Meeting held on April 30, 2009, the payment of shareholders’ remuneration for the year 2008, in the form of JCP, began on May 20, 2009, and was as follows:

 

 

 

In reais / per share

Type/Class

 

Gross value

(On 12/31/2008)

 

Updated gross value

(On 05/20/2009)

 

 

 

 

 

Common shares

 

1,484883734

 

1,548692924

Class A Preferred Shares

 

2,174044375

 

2,267468532

Class B Preferred Shares

 

1,633372107

 

1,703562217

 

II - In January, 2010, the Company’s Board of Directors decided for the payment of the Undistributed Dividends Special Reserve balance in four annual installments, starting in the year 2010.

 

Based on this decision and on the cash position in 2009, the amount of R$ 10,263,438 for dividends undistributed in the years 1979, 1980, 1981, 1982, 1983, 1984, 1989, 1996, and 1998, up to that time kept in net assets, was reclassified in current liabilities amounting to R$ 2,565,859, to be paid in 2010, and in non-current liabilities amounting to R$ 7,697,579, related to installments to be paid from 2011 to 2013.

 

Individuals and companies part of the Eletrobras shareholders board on January 29, 2010, will be entitled to receive the payment mentioned. 

 

Still according to Eletrobras Bylaws, the referred credits will continue to be paid by the variation of SELIC rate until the date of the effective payment of each installment, with the incidence of withholding tax, in compliance with the legislation in force.

 

The balance of shareholders' remuneration, stated under current liabilities, includes the amount of R$ 219,153 (December 31, 2008 - R$ 154,401) related to remunerations not claimed for 2006, 2007 and 2008. The remuneration related to 2005 and previous years became time-barred, according to the Company’s Bylaws.

 

NOTE 28 - PAYABLE TO BRAZILIAN NATIONAL TREASURE

 

 

PARENT COMPANY AND CONSOLIDATED

 

CURRENT

 

NON-CURRENT

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

Acquisition of CEEE-GT and CEEE-D shares

      68,720

 

      62,231

 

     287,646

 

     362,601

Reimbursement Obligations

               -

 

               -

 

  1,033,265

 

  2,450,772

Others

        7,316

 

      10,005

 

      23,660

 

     40,828

 

      76,036

 

     72,236

 

  1,344,571

 

  2,854,201

 

108


Eletrobras

 

 

NOTE 29 - POST-EMPLOYMENT BENEFITS

 

PENSION PLAN AND OTHER BENEFITS TO EMPLOYEES

 

1. Parent Company

 

1.1 - Pension Plan Program

 

The Company has a benefit program which supplements the Brazilian Social Security System, whose administration is incumbent upon Fundação Eletrobras de Seguridade Social - Eletros, a non-profit private legal entity, organized and sponsored by the Company among others, in accordance with Brazilian legislation.

 

The actuarial system of capitalization is used with periodic evaluations carried out in accordance with the private pension plan laws and reported to the inspection and control authority of the Social Security and Welfare Ministry.

 

The Company adopts the procedures recommended by CVM Resolution 371/2000 and obtains an independent actuarial valuation of liabilities deriving from post-employment benefits. The criteria and assumptions adopted in this independent valuation observe the standards recommended by CVM and IBRACON and may differ from those adopted by the program management, which comply with specific laws, thus, hindering the simple comparison of results.

 

The annual and regular contributions are charged to administrative expenses and amounted to R$ 59,425 at the year ended December 31, 2009 (December 31, 2008 - R$ 19,968).

 

On December 31, 2009, the present value of the Company's liabilities related to the pension plan program was R$ 2,250,502, according to CVM Resolution 371/2000. The assets accumulated and invested in the financial market via Eletros on the same date amounted to R$ 2,181,879, thus showing a coverage deficit of R$ 68,623.

 

The CVM Resolution 371/2000 authorizes the Company to only recognize the portion of actuarial gains or losses exceeding 10% of total actuarial liabilities or total of the plan assets (whichever is the highest). The surplus must be recognized over the average remaining service period to be provided to the Company by beneficiaries until retirement, which on December 31, 2008 is 8.6 years.

 

However, the Company elected not to recognize the actuarial gains or losses, and the corridor approach, consequently, has recorded as a provision for retirement the amount of R$ 68.623.

 

Below, the breakdown of obligations related to the Company’s pension plan program, according to the paragraphs of item 81 of the CVM Resolution 371/2000 on December 31, 2009:

 

POPULATION DATA

12/31/2009

 

 

 

 

REGISTRATION DATA

BD Plan

CD Plan

Total

Active participants

 

 

 

    Number of active participants

448

1,310

1,758

     Average Age

50.8

43.6

45.4

     Credited Service (total)

20.5

13.9

15.6

      Time to Retirement (years)

7,7

15.9

13.8

     Average Earning - in R$

7,043.08

    8,772.21

  8,331.57

Retired participants

 

 

 

    Number of participants

1,307

89

1,396

    Average Age

66.6

58.3

66.1

    Average Benefit - in R$

6,869.82

4,978.52

6,749.24

Pensioners participants

 

 

 

    Number of pensioners

317

5

322

     Average Age

64.4

31.2

63.9

     Average Benefit - in R$

3,853.46

1,606.22

3,818.56

Total Population - quantity

2,072

1,404

3,476

 

109


Eletrobras

 

 

 

POPULATION DATA

12/31//2008

 

 

 

 

REGISTRATION DATA

BD Plan

CD Plan

Total

Active participants

 

 

 

    Number of active participants

551

1,007

1,558

    Average Age

49.0

43.3

45.3

    Credited Service (total)

20.2

-

20.2 

    Time to Retirement (years)

8.6

14.0

12.1

    Average Earning - in R$

6,963.54

    8,092.15

7,693.01

Retired participants

 

 

 

    Number of participants 

1,315

44

1,359

    Average Age

65.9

57.0

65.6

    Average Benefit - in R$

6,082.20

4,241.75

6,022.61

Pensioners

 

 

 

    Number of pensioners

304

0

304

    Average Age

63.0

-

 

    Average Benefit - in R$

3,319.13

-

 

Total Population - quantity

2,170

1,051

3,221

 

STATE OF EQUILIBRIUM BY PLANS

 Year 2009

BD Plan

CD plan (*)

Total

CONSOLIDATED LIABILITIES

 

 

 

At the beginning of the year

1,431,297

496,435

1,927,732

Service Cost

7,104

18,452

25,556

Interest Cost

143,550

58,539

202,089

Paid Benefits

(206,205)

(8,444)

(214,649)

(Gains) and Losses:

165,502

144,273

309,774

At the end of the year

1,541,247

709,255

2,250,502

COLLATERAL ASSETS

 

 

 

At the beginning of the year

1,549,387

496,435

2,045,822

Assets estimated return

136,492

58,539

195,031

Contributions and supplies

25,133

18,452

43,585

 Paid Benefits

(206,205)

(8,444)

(214,649)

Gains and (Losses)

30,366

81,724

112,090

At the end of the year

1,535,172

646,707

2,181,879

COVERAGE STATE - At end of the year

(6,074)

(62,548)

(68,623)

(*) It includes paid-up benefit rights transferred in BD Plan migrations, as well as the time cost of the previous service credited and not yet amortized.

 

STATE OF EQUILIBRIUM FER PLANS

 (Year 2008)

BD Plan

CD Plan

Total

CONSOLIDATED LIABILITIES

 

 

 

 At the beginning of the year

1,401,106

92,267

1,493,373

 Service Cost

5,647

 

5,647

Interest Cost

122,600

 

122,600

Paid Benefits

(119,817)

(4,392)

(124,209)

 (Gains) and Losses:

21,760

 

21,760

Increase/Transfer of shares

 

408,560

408,560

At the end of the year

1,431,297

496,435

1,927,732

COLLATERAL ASSETS

 

 

 

At the beginning of the year

1,496,027

94,509

1,590,536

Assets estimated return

160,972

 

160,972

Contributions and supplies

8,487

13,322

21,809

Paid Benefits

(119,817)

(4,392)

(124,209)

Gains and (Losses)

3,718

 

3,718,097

Increase/Transfer of shares

 

392,996

392,996

At the end of the year

1,549,387

496,435

2,045,822

COVERAGE STATE - At end of the year

118,090

                             -

118,090

 

PLAN PERIODIC COST (estimation for the year 2010)

BD Plan

CD Plan

Total

Service Cost

7,252

11,727

18,979

Interest Cost

144,544

47,291

191,836

Assets estimated return

(119,775)

(68,512)

(188,287)

Contributions of Participants

(9,573)

(370)

(9,943)

Amortizations

26,646

26,646

Total of Short-term Cost

49,094

(9,863)

39,231

 

 

110


Eletrobras

 

 

1.2 - Other Benefit Programs

 

Group Life Insurance Program

 

The Company subsidies 80% of group life insurance policy premiums for active employees, but it extends the possibility of adhesion to retirees of any type, as long as they pay the full premium. Post-employment liabilities are identified, since the premium is collective and equalized for both populations of active employees and retirees. As the premium separately calculated for the population of inactive employees is significantly higher than the population of active employees, a transfer of paid premiums occurs between generations, including the subsidy provided by the Company. On December 31, 2008, the liability is assessed at R$ 26,712.

 

2 - CONSOLIDATED

 

2.1 - Pension Plan Program

 

The companies of the Eletrobras System are sponsors of other specific private pension entities which also have the purpose of supplementing retirement and pension benefits to their employees, by means of benefits and contributions plans, as follows:

 

Sponsor

 

Sponsored entity

 

 

 

Furnas

 

Real Grandeza

Chesf

 

Fachesf

Eletrosul

 

Elos

Eletronorte, Amazonas Energia and Boa Vista

 

Previnorte

Eletronuclear

 

Nucleas and Real Grandeza

Itaipu

 

Fibra (Brazil) and Cajubi (Paraguay)

CGTEE

 

Eletroceee

Ceal

 

Faceal

Cepisa

 

Facepi

 

Minimum actuarial premises were used according to evaluations of the subsidiaries. The subsidiaries which have already adopted more advanced premises have not changed them; see chart below:

 

 

 

 

BIOMETRIC TABLES

 

 

 

 

 

 

TYPES OF PLANS

GENERAL MORTALITY

DISABILITY

MORTALITY (DISABLED)

TURNOVER RATE

ACTUARIAL INTEREST RATE

DISCOUNT RATE

SALARY INCREASES

CAPACITY FACTOR

Eletrobras

BD and CD

AT 2000

Light - Weak

AT 83

null

5.5% p.a.

10.25%

2.0% p.a.

98.00%

Amazonas Energia

BD

AT 83

Light - Weak

AT 83

null

6% p.a.

10.77%

2.0% p.a.

98.00%

Boa Vista Energia

BD

AT 83

Light - Weak

AT 83

null

6% p.a.

10.77%

2.0% p.a.

98.00%

Ceal

BD

AT 2000

Light - Weak

AT 83

null

5% p.a.

9.73%

2.0% p.a.

98.00%

Cepisa

BD

AT 83

Light - Weak

AT 83

null

6% p.a.

10.77%

2.0% p.a.

98.00%

CGTEE

BD

AT 83

Light - Weak

AT 83

null

6% p.a.

10.77%

2.0% p.a.

98.00%

Chesf

BD and CD

AT 83

Light - Weak

AT 83

null

6% p.a.

10.77%

2.0% p.a.

98.00%

Eletronorte

BD

AT 83

Light - Weak

AT 83

null

6% p.a.

10.77%

2.0% p.a.

98.00%

Eletronuclear

BD

AT 83

Light - Weak

AT 83

null

6% p.a.

10.77%

2.0% p.a.

98.00%

Eletrosul

BD

AT 2000

Light - Weak

AT 83

null

5% p.a.

9.73%

2.0% p.a.

98.00%

Furnas

BD and CD

AT 83

Light - Weak

AT 83

null

6% p.a.

10.77%

2.0% p.a.

98.00%

 

POPULATION DATA

 

No. of active participants

No. of inactive participants

AVERAGE AGE ACTIVE PARTICIPANTS

AVERAGE AGE INACTIVE PARTICIPANTS

AVERAGE TIME FOR RETIREMENT

AVERAGE EARNING (R$)

AVERAGE BENEFIT - RETIREMENT(R$)

AVERAGE BENEFIT - PENSION (R$)

Eletrobras

1,758

1,718

45.4

66.1

13.8

8,331.57

6,749.24

3,818.56

Amazonas Energia

41

19

51.1

53.2

7.3

6,182.14

1,650.13

740.46

Boa Vista Energia

13

4

46.2

58.0

12.8

6,304.63

1,412.01

-

Ceal

41

499

47.8

65.5

14.4

2,670.34

1,230.14

475.26

Cepisa

941

599

53.8

65.8

5.0

3,081.04

1,284.01

528.61

CGTEE

326

168

50.2

59.5

10.2

6,086.65

2,216.35

1,182.95

Chesf

8,027

7,302

50.2

66.2

8.6

6,327.82

2,591.97

1,028.14

Eletronorte

83

702

54.5

67.8

4.8

14,101.51

2,809.02

1,316.74

Eletronuclear

2,136

539

46.2

60.7

12.9

6,978.59

4,058.86

2,060.57

Eletrosul

1,430

502

43.5

57.8

17.2

7,230.98

4,334.96

1,923.34

Furnas

4,727

6,376

47.8

64.0

11.6

8,297.24

4,535.14

1,288.14

 

111


Eletrobras

 

 

The contributions are debited to administrative expenses and amounted in the period ended December 31, 2009, to R$ 250,114 (December 31, 2008 - R$ 299,448).

 

Based on the regulations of the various benefit plans and in compliance with the IBRACON pronouncement, approved by CVM Resolution 371/2000, the companies assess on an actuarial basis their liabilities related to employees supplementary benefits, the coverage requirement is reflected in the Financial Statements, amounting to R$ 2,423,485, recording in current liabilities the amount of R$ 423,087 (December 31, 2008 - R$ 502,699) and in non-current liabilities the amount of R$ 2,000,398 (December 31, 2008 - 1,567,002), under the item Supplementary Pension Plan.

 

The Company and its subsidiaries determine the actuarial liability or asset to be recorded as follows:

 

i.    Obtain the fair value of plan assets on the balance sheet date.

 

ii.    Deduct the present value from the benefit liability established on the balance sheet date.

 

iii.   Deduct the gains or add the actuarial losses not recorded yet, according to the rules laid down in the pronouncement.

 

iv.   Add the portion of past service cost not yet recognized, according to the rules laid down in the pronouncement.

 

Pursuant to paragraph 49, if the amount obtained is a liability, it must be fully recorded. However, if the amount resulting from the calculation established above is an asset, it shall be recorded by the sponsor only if it is clearly evidenced that this asset may effectively reduce the sponsor's contributions or be refundable in the future.

 

On December 31, 2008, the subsidiaries Furnas and Eletronuclear recorded the amount of R$ 1,057,754 under assets. In 2009, changes were made in Fundação Real Grandeza’s management, as foreseen in its regulation, aiming to establish the necessary actions to put a new management between the sponsors and the Fund into practice, occasion when the Sustainability Project of Real Grandeza’s new management was created.

 

The actions follow the decision by the Supplementary Pension Fund’s Board of Management, through CGPC Resolution No. 26/2008, related to the benefit plans revision.

 

Additionally, there is the grant of funds for the sponsors’ employees’ health insurance, in order to maintain their economic-financial-actuarial balance.

 

Given the uncertainty about the outcome that may result from changes deriving from the “Sustainability Project of Real Grandeza’s New Management”, the subsidiaries Furnas and Eletronuclear decided to reverse the amount provided as “Actuarial Assets” until the effects of future economic-actuarial evaluations can be measured on the financial statements, which will occur when the studies assigned by the sponsors and Real Grandeza’s managements finish.

 

The subsidiary Chesf has an actuarial liability recorded according to CVM Resolution 371/2000 which is understated compared to the agreement for acknowledgement of indebtedness signed with Fachesf by R$ 174,887 (R$ 428,000 on December 31, 2008).

 

The agreement signed between the parties provides for an annual adjustment clause related to the debt by amounts determined through actuarial calculations, through agreement amendments so as to reflect the compatibility with actuarial data. The difference recorded between the actuarial liability and the acknowledgment of indebtedness will be eliminated over time as the plan matures, by means of contractual adjustments, specifying the variable amount to be annually adjusted by the effects of actuarial gains and losses verified for Fachesf.

 

The actuarial valuation is intrinsically uncertain and, therefore, is subject to alterations upon the annual actuarial review.

 

112


Eletrobras

 

 

2.2 - Other Benefit Programs - Group Life Insurance

 

The subsidiaries Chesf, Eletronorte, Eletronuclear, and Furnas subsidize part of the life insurance policies premiums for active employees. Former employees now retired who opted for keeping the policy must fully pay the premium collectively established for all active and inactive employees. However, in view of the age characteristics of active and inactive populations, the actuarial calculation of the latter’s segregated premium identifies the existence of an indirect post-employment subsidy paid by the company. This amount is actuarially assessed; thus, the company keeps the amount of R$ 316,124 in the records.

 

 

NOTE 30 - UNSECURED LIABILITIES IN SUBSIDIARIES

 

In accordance with CVM Rule 247/96, the recognition of losses on investments recorded on the equity accounting method, with circumstances requiring investor's financial support or the discontinuation of business, should be limited to the investment amount recorded in the parent company and unsecured liabilities (negative net assets) absorbed and recognized by the investor should be recorded in a specific liability account with a charge to current results.

 

The subsidiary Cepisa has negative net assets amounting to R$ 65,829, as well as circumstances requiring Eletrobras’s financial support, if the investor intends to maintain its financial support to the investee, for which the parent company maintains provisions for coverage of this unsecured liability of R$ 53,660 (December 31, 2008 - R$ 353,921).

 

 

NOTE 31 - PROVISIONS FOR CONTINGENCIES

 

On the date of the Financial Statements, the Company recorded the following provisions for contingent liabilities, by nature:

 

 

 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

CURRENT

 

 

 

 

 

 

 

 

  Labor

 

                     -

 

                    -

 

        115,271

 

       505,743

  Tax

 

                     -

 

                     -

 

          27,178

 

       169,853

  Civil

 

                     -

 

                     -

 

          36,227

 

       978,706

(-) Judicial deposits

 

                     -

 

                     -

 

        (57,150)

 

    (172,593)

 

 

                     -

 

                     -

 

        121,526

 

    1,481,709

NON-CURRENT

 

 

 

 

 

 

 

 

  Labor

 

            6,130

 

          88,574

 

        852,867

 

       461,831

  Tax

 

                     -

 

                     -

 

        122,880

 

          60,147

  Civil

 

    1,311,445

 

    1,328,244

 

     2,622,737

 

    1,899,297

(-) Judicial deposits

 

    (489,890)

 

    (407,304)

 

  (1,296,468)

 

    (725,719)

 

 

       827,685

 

    1,009,514

 

     2,302,016

 

    1,695,556

 

Eletrobras and its subsidiaries are parties involved in several lawsuits, mainly labor and civil, which are under various stages of judgment. The Company's management, according to CVM Resolution 489/2005 adopts the procedure of classifying the lawsuits filed against the Company by risk of loss, based on the opinion of its legal counsels, as follows:

 

·         provisions are made for the lawsuits with a probable unfavorable outcome for the Company;

·         for the lawsuits with a possible unfavorable outcome for the Company, the corresponding information is disclosed in explanatory Notes; and

·         for the lawsuits with a remote unfavorable outcome for the Company, only the information that at Management's discretion is deemed as significant for the full understanding of the Financial Statements is disclosed in the explanatory Notes.

 

113


Eletrobras

 

 

Therefore, in order to cover losses, provisions for contingencies are made, as stated above, net of judicial deposits and deemed by the Management of the Company and subsidiaries, and by their legal counsels, to be sufficient to cover losses in lawsuits of any nature, in this fiscal year, with the following composition:

 

 

 

 

 

 

PARENT COMPANY

 

CONSOLIDATED

Balance on 12/31/2007

 

            1,037,192

 

          2,977,143

 

 

 

 

 

  Provisions recorded

 

                   71,502

 

             682,870

  Provisions reversed

 

                               -

 

           (311,265)

  Payments

 

                               -

 

              (42,240)

  Monetary adjustment

 

                               -

 

                24,592

  Judicial Deposits

 

                (99,180)

 

           (168,997)

  Judicial deposits withdrawn

 

                               -

 

                15,162

Balance on 12/31/2008

 

            1,009,514

 

          3,177,265

 

 

 

 

 

  Provisions recorded

 

                (82,444)

 

             447,563

  Provisions reversed

 

                (16,799)

 

           (474,149)

  Payments

 

                               -

 

           (240,189)

  Monetary adjustment

 

                               -

 

              (55,023)

  Judicial Deposits

 

                (82,586)

 

           (531,418)

  Judicial deposits withdrawn

 

                               -

 

                99,494

Balance on 12/31/2009

 

                827,685

 

          2,423,543

 

1 - Lawsuits filed against the Company and its subsidiaries which are provided for:

 

1.1 - Civil actions

 

1.1.1 - In the Parent Company

 

The provision for civil contingencies in the parent company, amounting to R$1,311,445 (December 31, 2008 - R$1,328,244), corresponds to lawsuits claiming application of monetary adjustment criteria different from those set forth by specific law to the book-entry credits of the Compulsory Loan established as from 1978.

 

These lawsuits are different from those seeking the redemption of the Bearer Bonds, currently unenforceable, issued as a result of the Compulsory Loan.

 

The demands that relate to provisions challenge the system of calculating the monetary adjustment determined by laws ruling the Compulsory Loan, which is used to update credits established as of 1978. These credits were fully settled by Eletrobras by means of conversions into shares at the 72nd, 82nd and 142nd Extraordinary General Meetings of Eletrobras.

 

Currently, there are 4,000 lawsuits at various court levels and the Company's Management, supported by its legal counsels, estimates between eight and ten years as the average term to definitively resolve the lawsuits in progress.

 

In a decision issued on August 12, 2009 referring to the Compulsory Loan credits, the Brazilian Supreme Court (STJ) partially granted the appeals lodged by Eletrobras, since the credits of the 1st and 2nd conversions were deemed time-barred. The Selic rate was also considered not applicable to the principal, bearing interest only as of the date of summons. The conversion of these credits was maintained at the book value.

 

As a result of this decision, the calculation assumptions considered in the process of evaluating the provision have been revised taking into account the impacts resulting from legal and methodological aspects resulting from the court decision. Therefore, the Company’s Management maintains a provision of R$1,311,445, corresponding to 100% of the expected amount of losses.

 

114


Eletrobras

 

 

1.1.2 - In subsidiaries

 

In the subsidiary Chesf:

 

a) The Company is plaintiff in a lawsuit pleading the declaration of partial invalidity of addendum to the turn-key agreement (price analytic adjustment K-factor) of the Xingó hydroelectric plant, executed with a consortium comprising Companhia Brasileira de Projetos e Obras - CBPO, CONSTRAN S.A. - Construções e Comércio and Mendes Júnior Engenharia S.A., as well as the return of amounts paid, as K-Factor, in the approximate amount of R$350,000, in double.

 

The lawsuit was filed at the federal court, but by decision of the Federal Regional Court - 5th Region is to be heard at the Pernambuco State Court.

 

The lawsuit filed by the Company was deemed groundless. The counterclaim filed by defendants obtained a favorable position from the judge of the 12th Civil Court of the Recife District court and the decision was upheld by the 2nd Civil Chamber of the Pernambuco Court of Justice, and Chesf lodged a motion for clarification of the appeal judgment, concerning certain issues that were omitted in the 2nd Civil Chamber's decision. This motion was judged and rejected by the 2nd Civil Chamber. Thereafter, the attorneys of Chesf filed a special appeal and an extraordinary appeal against the decision rendered by the 2nd Civil Chamber. On March 31, 2004, the special appeals filed by Chesf had been accepted by the Pernambuco Court of Justice and sent to the Superior Court of Justice, while extraordinary appeals also filed by Chesf were not accepted, and the Company filed the appropriate interlocutory appeals. On June 30, 2005, these appeals were ‘sub judice’ at the higher courts. After this date and until March 31, 2006, the interlocutory appeals filed by Chesf at the Federal Supreme Court were rejected, while the special appeal filed by Chesf and the Federal Government with the Superior Court of Justice (STJ) received an opinion from the Federal Prosecutor Office, which recommended to annul the proceeding due to lack of jurisdiction of the Pernambuco State Court and had the proper court reconsider the merit. On September 30, 2006, the records were with the judge for decision.

 

In November 1998, the defendants filed a motion for provisional execution of the decision, amounting to R$ 245,000 and the proceeding is suspended as determined by the Chief Justice of the Superior Court of Justice (PET 1621). This injunction was the subject-matter of the Consortium's interlocutory appeal, which was judged on June 24, 2002, upholding by unanimous vote the injunction previously granted by the Chief Justice of the Superior Court of Justice, thus removing the possibility of the Consortium obtaining advance protection.

 

Subsequently, the defendants filed a proceeding for the calculation of the award, under the assumption that all appeals of Chesf and the Federal Government are denied. On September 30, 2005, the work of the court expert was in progress with the purpose of assessing the actual award amount, as determined by the judge in charge of the case. After the submission of the first expert report, the parties requested clarifications about the report, and the proceeding is with the expert for examination.

 

The Management, based on the opinion of its legal counsels and based on calculations that include the suspension of payment of K-Factor installments and respective monetary adjustments, maintains a provision recorded under non-current liabilities, in the amount at December 31, 2009 of R$ 387,901 in order to cover losses deriving from this issue. This provision corresponds to the partial disallowance of K Factor between July 1990 and December 1993, in compliance with Law No. 8.030/1990 and full suspension of payment of K Factor, between January 1994 and January 1996, according to the Company's understanding.

 

On March 31, 2009, the Special Appeal and the Interlocutory Appeals were awaiting decision at the Superior Court of Justice and Federal Supreme Court, respectively; the records of these appeals are with the Reporting Judge, and it is worth mentioning that the proceeding for calculation of award at the State level was under procedural progress at the 12th District Court of Recife.

 

  When judging the proceeding for calculation of award, the judge recognized that the authority to judge this claim relies on the Federal Court, since the Federal Government is the interested party in the case. The Consortium Xingó lodged a motion for clarification of judgment and in view of this appeal, the judge upheld his decision and sent the records to the Federal Court. Dissatisfied  with this decision, the Consortium Xingó lodged an interlocutory appeal, which on September 30, 2008 was ‘sub judice’ at the Pernambuco Court of Justice. On December 31, 2008, judgment on this appeal was pending, which subsequently sentenced to define the State court of competent jurisdiction to examine the case. The Deputy Judge at the 12th Civil District Court of Recife rendered a decision setting the award amount at R$ 842,469 and Chesf lodged a motion for clarification of judgment against such decision, since it did not express an opinion about several challenges lodged by Chesf on the expert report submitted by the court's expert. On September 30, 2009, this motion was pending judgment.

115


Eletrobras

 

 

 

On December 17, 2009, the 2nd Civil Chamber of the Superior Court of Justice started the trial of the Extraordinary Appeals lodged by the parties and the Federal Government; the trial of the Federal Government’s first appeal, deemed harmful regarding the others, having started, the Minister Hermann Benjamim asked to examine the costs in order to better analyse the subject. Therefore, on December 31, 2009, the trial of the appeals concerning the ‘K Factor’ lawsuit was suspended.

 

At the State level, the proceeding for calculation of award was deemed extinct by the honorary judge of the 12th District Court of Recife, for considering that the subject was still ‘sub judice’ at the Superior Court of Justice; against this decision, the Consortium Xingó lodged an interlocutory appeal at the Pernambuco State Court (TJP); At the TJP, a negative jurisdiction conflict between two chief judges took place, and now it is the collegiate’s responsibility to put an end to the issue.

 

There is no deadline for the conclusion of the dispute.

 

b) Action for damages related to 14,400 hectares of land of Fazenda Aldeia, filed at the Sento Sé District Court, State of Bahia, by the estate of Aderson Moura de Souza and spouse (Proc. 0085/1993). The lower court decision granted relief to the action sentencing Chesf to pay the amount of R$50,000, corresponding to principal plus interest and monetary adjustment. On March 31, 2009 the lawsuit was transferred to the Federal Court due to the judge's lack of jurisdiction. This means that all decisions are null and void and a new lawsuit will commence at the Federal Court. As of September 30, 2009, Chesf had not been notified about the redistribution of costs. On December 31, 2009, the Appeal was awaiting trial.

 

1.1.2.2 - In the subsidiary CGTEE:

 

a) The civil contingencies mainly refer to the amounts related to controversies with suppliers whose probable losses estimated by the Company's legal counsel is R$ 3,692, at December 31, 2009 (December 31, 2009 - R$ 270).

 

b) CEEE-D has sued the subsidiary to collect amounts related to an action for transfer of CGTEE made by CEEE to Eletrobras. This lawsuit amounts to R$3,650 thousand and according to the legal counsel's analysis, the chances of losses for the Company were deemed probable as of the third quarter of 2009, due to changes in the progress of the lawsuit.

 

1.1.2.3 - In the subsidiary Eletronorte:

 

Several civil claims are represented by indemnification for financial losses, due to payments in arrears and expropriation of areas flooded by hydroelectric power plants reservoirs. The estimated amount of probable loss is R$ 518,511.

 

1.2 - Labor Claims

 

1.2.1 - In the Parent Company:

 

The Company maintains a provision of R$ 6,130 against contingent labor claims losses, whose risk is probable, according to the legal counsels’ opinions.

 

 

116


Eletrobras

 

 

1.2.2 - In subsidiaries

 

1.2.2.1 - In the subsidiary Furnas:

 

a) Engineers reference date

 

The Union of Engineers of Rio de Janeiro filed labor claims in order to recover salary differences related to the change in reference date of engineers. These are in the phase of calculation of the award, for which the estimated and recorded amount is R$ 82,301.

 

b) Hazardous work premium

 

Several lawsuits were filed pleading the hazardous work premium understanding that full percentage should be granted and not proportional percentage to all employees working under electricity risk. The amount estimated to cover contingent losses deemed probable by the legal counsels, on December 31, 2009, is R$ 82,110.

 

c) Retirement supplement

 

The amount of R$ 61,905 refers to the balance payable related to the retirement supplement - parity with active employees.

 

d) Sundry lawsuits

 

A provision of R$ 162,759 thousand on September 30, 2009 (December 31, 2009 - R$ 149,776 thousand) was maintained to cover various civil and labor claims filed against the Company related to the lawsuits in progress deemed as probable loss.

 

1.2.2.2 - In the subsidiary Chesf:

 

a) Action in progress at the Regional Labor Court of Bahia State, filed by the Electrical Workers Union of Bahia, claiming the payment to employees of the Regional Management of Paulo Afonso - GRP, Paulo Afonso - BA of salary difference resulting from the Additional Compensation of Decree-law 1971 - ADL* and 12-month calculation over hazardous work premium, in the estimated amount of R$ 7,500. The Company lodged interlocutory appeal in Review Appeal to the Higher Labor Court - TST, which was rejected. The decision became final and unappealable and Chesf was condemned. The execution phase commenced and the amount of R$ 3,700 was paid to a significant portion of employees, and another R$ 3,800 is expected to be paid. On March 31, 2009 the execution commenced, the credit of which was partially stayed. On December 31, 2009, the Execution Fees were deemed groundless and Chesf lodged an Interlocutory Appeal at the Regional Labor Court (TRT) - 5th Region.

 

b) Action filed at the 8th Fortaleza-CE Labor Court by the Union of Electrician Workers of Ceará State - Sindiletro, pleading the refund of losses suffered by employees of North Regional Management - GRN (Ceará and Rio Grande do Norte), deriving from the removal of collective transport with an amount estimated at R$ 6,000. The pleading to resume collective transport services was accepted in partial execution and the Company has been complying with it. The Labor Union, which is the plaintiff, requested supplement to transport and to sentence the company to pay a daily fine and Chesf challenged this allegation. The labor judge, after a hearing held on August 23, 2005 to review the case and for Chesf to submit its final arguments, changed the previous understanding, determining the resumption of transport services only within the limits that have been formerly provided. This same decision defined the parameters for calculation of the award, so that the labor credit was reduced to R$ 1,300. The execution has been processed at the lower labor court of the city of Fortaleza, state of Ceará, and the decision became final and unappealable. Following the deposit of the principal amount, on December 31, 2009, the amounts and recognitions of legal fees were being released to the claimants.

 

  c) Action filed at the 4th Labor Court of Recife - PE by the Union of Workers of Urban Industries of the State of Pernambuco - urban public or private utility workers in substitution of 460 employees allocated in the city of Recife, State of Pernambuco, pleading for the hazardous work premium over all payroll allowances, amounting to R$ 4,000. The Lower Court Judge excluded from the dispute, due to libis alibi penden or res judicata, approximately 300 of the workers, as well as considered the action groundless on the merit. The Labor Union lodged an ordinary appeal at the Regional Labor Court (TRT) - 6th Region, which was accepted. The lawsuit is under phase of settlement based on the results of expert examination. According to the Company's legal counsels' calculation, this debit stands at R$ 2,900, and the difference will be the subject-matter of motion to deny in stay of execution. The execution commenced on March 31, 2009. On December 31, 2009, the judgment on the motion to stay execution lodged by Chest aiming at the debt adjustment is pending.

117


Eletrobras

 

 

 

1.2.2.3 - In the subsidiary Eletronorte:

 

Several labor lawsuits, most of them arising from actions related to hazardous work premium, Bresser Plan, overtime, FGTS fine calculation and wage curve alignment.  The estimated  probable loss is R$ 154,601.

 

1.2.2.4 - In the subsidiary CGTEE:

 

Court deposits refer to the amounts required in order to proceed with the labor claims litigations, including claims filed by employees of Companhia Estadual de Energia Elétrica - CEEE.

 

Based on the opinion of its legal counsels, the Company accrued the amount of R$ 11,479 on December 31, 2009 (December 31, 2008 - R$ 11,491) to cover probable losses in which the Company may be financially involved, for which the Company had made court deposits of R$ 2,011 on December 31, 2009 (on December 31, 2008 - R$ 1,778).

 

Eventual liabilities arising from labor claims filed by CEEE's employees reallocated to the Company, filed until August 11, 1997, when CEEE's corporate restructuring occurred, and with an unfavorable final decision culminating in the obligation to pay the amounts resulting from the award, will be fully borne by CEEE or CEEE-GT.

 

In addition, the Company offered as collateral, 18 vehicles of its fleet in labor claims execution proceedings, representing a book value of R$ 318.

 

1.3 - Tax Lawsuits

 

1.3.1 - In subsidiaries

 

1.3.1.1 - In the subsidiary Furnas:

 

Tax deficiency notices - FINSOCIAL, COFINS and PASEP

 

a) On May 3, 2001, the Company received tax deficiency notices related to FINSOCIAL, COFINS and PASEP, in the updated amount of R$ 1,098,900 (R$ 791,796 historical), as a result of exclusions in the related calculation bases mainly for energy transfer and transport from ITAIPU for a 10-year period. These tax deficiency notices supervened other notices issued in 1999 for a 5-year inspection period, amounting to R$ 615,089, which have been used for adhesion to the Tax Recovery Program - Refis, on March 1, 2000 and transferred on July 31, 2003 to the Special Installment Program - Paes.

 

On June 12, 2008, the Federal Supreme Court (STF) set the binding precedent 8 that the enforcement of tax deficiency notices was reduced to five (5) years, and the restated amount of R$ 1,098,900 is now R$ 241,441.

 

b) The Company, based on the latest decisions of the Internal Revenue Service, recorded a provision for tax risks, of R$ 89,318 related to Pasep/Cofins on the exclusion from the calculation basis of the Global Reversion Reserve (RGR) for the periods between October 1995 and September 2000, October 2005 and March 2007. The difference of R$ 195,187 refers to other exclusions from these calculation bases, still in the judgment phase, where Furnas has possible chances of success, according to its legal department's understanding.

 

 

118


Eletrobras

 

 

1.3.1.2 - In the subsidiary Eletronorte:

 

a) The subsidiary has certain disagreements involving the Tax on Sales and Services - ICMS and maintains a provision amounting to R$ 17,811 to cover contingent losses with these lawsuits that are deemed probable.

 

1.3.1.3 - In the subsidiary Chesf:

 

b) The subsidiary has matters basically involving actions for annulment of tax deficiency notices; claims for credit refunds (PIS/PASEP - COFINS) and other special taxes. The company has a provision amounting to R$ 10,279 (at December 31, 2008 - R$ 8,770) for these matters.

 

2 - Lawsuits filed against the company and its subsidiaries with the probability of a possible loss:

 

2.1 - Civil lawsuits

 

2.1.1 - In subsidiaries

 

2.1.1.1 - In the subsidiary Chesf:

 

a) Two actions for damages filed by a Consortium composed of the companies CBPO/CONSTRAN/Mendes Júnior, requesting the Company to be sentenced to pay an additional financial compensation, due to payment in arrears of invoices related to the agreement of the Xingó hydroelectric power plant. One action was filed on June 8, 1999 for the invoices issued as from April 30, 1990 and another one was filed on May 31, 2000 for the invoices issued up to that date. In these actions, the plaintiffs submitted general pleadings, restricting themselves to indicating the existence of a supposed right to financial compensation and that the amounts should be determined in the calculation of the award.

 

The Company challenged these actions and requested the Federal Government to be accepted in the cases, forwarding the lawsuits to one of the federal courts in the State of Pernambuco. The Consortium filed a petition regarding the request for the Federal Government to be accepted in the cases.

 

After submitting the expert examination report and additional clarifications, a hearing was held in August 2005, determining that final arguments be submitted until October 17th, 2005. Currently, lawsuits are with the judge for decision and the case will probably be prepared for trial for rendition of judgment. On December 31, 2009, the lawsuit records remained with the judge.

 

b) Civil public action filed against the Company by the Community Association of the Village of Cabeço and neighborhood, in the State of Sergipe, amounting to R$ 100,000 at the 2nd Federal Court of Sergipe, claiming financial compensation due to alleged environmental damages caused to the fishermen of Cabeço, downstream of the Xingó hydroelectric power plant and caused by the construction of this power plant.

 

The action was filed at the Federal Court on June 27, 2002 and challenged within the legal term. After a sequence of ancillary proceedings that did not affect the lawsuit or the pleading, the judge determined, on August 31, 2005, the inclusion of IBAMA, IMA-AL, CRA-BA, Federal Government and ADEMA-SE as defendants, ordering these entities to be summoned.

 

On September 30, 2005, we awaited the writ of summons to be complied with. On September 30, 2006, the records were with the judge, after filing the powers of attorney of the new Chesf attorneys. On December 31, 2006, the lawsuit was suspended by judge's order and was awaiting judgment on the interlocutory appeal lodged by the plaintiff at the Federal Regional Court - 5th Region. The co-defendants of Chesf (Federal Government, IBAMA, IMA-AL, CRA-BA and ADEMA-SE) had already been summoned. On September 12, 2007, the judge issued an order as follows: ‘await information about the final and unappealable decision on appeal, and Chesf shall be notified’. Considering that the interlocutory appeal lodged by Chesf was rejected, the Company lodged a motion for clarification of judgment, which on March 31, 2008 was pending judgment.

 

119


Eletrobras

 

 

On the other hand, at the district court of Brejo Grande/SE, a public civil action was filed against Chesf by the Community Association of the Village of Cabeço and Saramém, amounting to R$ 100,000 with the same purposes of the claim previously mentioned, and this case has been abandoned by the plaintiff since February 2005. The last procedural event occurred in November 2007, when the judge summoned the Public Prosecutor's Office to render an opinion on this case. On March 31, 2008, the lawsuit was stagnant and still pending Public Prosecutor Office's opinion. On June 30, 2008, the judge of the district court of Brejo Grande had rendered a decision recognizing the lack of jurisdiction of the State Court to analyze the case, determining the records be forwarded to the federal court. On September 30, 2008, the records were being analyzed by IBAMA. On December 31, 2008, we were awaiting the return of the records by IBAMA. On February 19, 2009 this lawsuit that has been forwarded to the federal court was deemed to have connection with another lawsuit of similar nature already examined - described in the beginning - and both started to be handled together as of that date.

 

On June 13, 2008, the judge's order was issued determining the Government and IBAMA to be summoned, as well as to summon the plaintiff to express its opinion on the terms of the defense. On September 30, 2008, the records were being analyzed by IBAMA. On December 31, 2008, the preliminary hearing was awaited and scheduled for February 19, 2009. As reconciliation did not occur in the hearing held on February 19, 2009, the judge determined new measures for the lawsuit progress. At this hearing, the judge took cognizance of the existence of a lawsuit with similar subject-matter, in progress at the Civil District Court of Brejo Grande/SE and which had been forwarded to the competent Federal Court and distributed to its jurisdiction. Therefore, the judge decided to recognize the procedural connection between these two claims and as of that date they started to be handled jointly. Then, the date of May 14th, 2009 was scheduled for a new hearing with the purpose of determining the nature of procedural evidence to be collected, including the expert examination. At this hearing, the judge defined the three-month term for the parties to present questions for expert examination. The date of September 15, 2009 was scheduled to hold the hearing that will define the subject-matter of the expert examination, and thus, Chesf shall submit a Statement of Reference for this purpose. This document has been prepared by the company's technicians jointly with its external attorneys. As of September 30, 2009, the judge in charge of the case had postponed the hearing from September 15, 2009 to October 22, 2009. At this hearing, the judge established the new date of March 2, 2010 with the purpose of naming the court expert for the trial and determining the term for execution of the expert examination.

 

Supported by the evaluation of attorneys defending the cases on behalf of the Company, the Management's expectation about the chance of losing these lawsuits is deemed as possible, regarding the lack of success obtained by the defense, but not regarding the values of the claim.

 

2.1.1.2 - In the subsidiary Ceal:

 

The Union of Workers in Urban Industries of the State of Alagoas, in the capacity of procedural substitute, brought a labor claim on behalf of employees of Companhia Energética de Alagoas - CEAL, aiming at receiving supposed salary differences in view of the implementation of the economic plan called "Bresser Plan".

 

The claim was supported by the Distinguished Second Board of Reconciliation and Judgment of Maceió-AL, the decision of which was corroborated by the Regional Labor Court - 19th region, and became final and unappealable.

 

However, upon the execution of the judgment, the judge of the 2nd labor court of Maceió understood at that time that it should not be limited to the reference date of the category, which would extraordinarily increase the execution.

 

The risk is assessed as a possible loss, as the judgment on the restriction to the reference date of the category will occur along with execution, since as per OJ/TST (SDI I) 262, ‘the restriction to the reference date of the category during the execution stage has no effect on the res judicata sentencing to pay the salary differences deriving from economic plans’.

 

Allied with this, the Federal Government filed an objection of pre-enforceability in the execution records pleading the recognition of annulment of the decision rendered by the 2nd Labor Court of Maceió, which may recognize as invalid the decision unfavorable to Ceal.

 

120


Eletrobras

 

 

3 - Lawsuits filed against the Company and its subsidiaries with remote loss expectations:

 

3.1 - Civil lawsuits

 

3.1.1 - In the Parent Company:

 

a) Eletrobras is defendant in a lawsuit filed by the Brazilian Association of Water and Electricity Consumers - ASSOBRAEE, in progress at the 17th Federal Court of the Federal District - DF, with the purpose of establishing the market value of Eletrobras’ shares as the issue price of shares issued to redeem Compulsory Loans, for which Eletrobras uses the book value of the share. The plaintiff attributed to this case the amount of R$ 2,397,003, and according to the Company's legal counsels' opinion, the risk of loss is remote.

 

b) Eletrobras is also party to various other lawsuits, the purpose of which is the redemption of Bearer Bonds issued by the Company as a result of the compulsory loan collected between 1964 and 1976. Said bonds are unenforceable, by force of provisions in Article 4, paragraph 11 of Law No. 4,156/1962 and in Article 1 of Decree 20.910/1932.

 

The Company's Management, supported by its legal counsels' assessment concludes that Eletrobras' chances of loss in the lawsuits with this subject-matter is remote, since former court decisions have confirmed the lapse of the right to claim the redemption of bonds issued as a result of the Compulsory Loan and resulting in the unenforceability of these bonds (see Note 22).

 

3.1.2 - In subsidiaries

 

3.1.2.1 - In the subsidiary Chesf:

 

Despite the fact that the company's Management, supported by its legal counsels, deems as remote the risk of loss, there is a collection suit filed by Mendes Júnior, a company engaged to build the hydroelectric power plant Itaparica, for alleged financial damages caused by the Company's late payment of invoices.

 

Said collection suit is based on the Declaratory Action which was judged valid for the purposes of declaring the existence of a credit relationship between Mendes Júnior and Chesf, ensuring the financial compensation.

 

In this collection suit, Construtora Mendes Júnior S.A. obtained a decision from the 4th Civil Court judge sentencing Chesf to pay the amount, which including attorney's fees and monetary adjustment until August 1996, calculated according to the criterion determined by the judge, would be approximately R$ 7,000,000, an amount that has not been restated since August 1996.

 

After the decision of the Superior Court of Justice of not taking cognizance of the special appeal lodged by Construtora Mendes Júnior and, upholding the ruling of the 2nd Civil Chamber of Pernambuco Court of Justice, which annulled the decision, also determining to redistribute the lawsuit to one of the federal courts of Pernambuco, the lawsuit was forwarded to the 12th Federal Court to carry out another expert examination and to render a new decision.

 

The examination report was submitted. The expert answering a question of Chesf, declared ‘after analyzing the accounting books of Mendes Júnior, it is not possible to affirm that the company raised funds in the financial market, during the periods that invoices were paid in arrears, specifically to finance the Itaparica works’. This reply was confirmed by the analysis made by Chesf's technical assistant, which included a careful examination of Mendes Júnior's financial statements. Based on these results, Chesf requested the lawsuit to be considered groundless.

 

The Federal Public Prosecutor's Office requested declaration of annulment of the entire lawsuit and requested it to be considered without merit.

 

The lawsuit was judged partially valid in a decision issued on March 8, 2008.

 

121


Eletrobras

 

 

Mendes Júnior filed a motion for clarification of judgment requesting to accept the full content of the report prepared by the official expert. The Federal Public Prosecutor Office filed a motion for clarification of judgment requesting the lawsuit to be considered fully groundless. The motions of Mendes Júnior and the Federal Public Prosecutor's Office were rejected by the judge of the 12th Federal Court.

 

Chesf and the Federal Government filed motions for clarification of the decision which were accepted by the judge, by means of a decision that clarified certain issues of the award related to the calculation of Chesf's possible debt with Mendes Júnior. The decision clarified the issue that when calculating the possible debt of Chesf with Mendes Júnior, any and all payment of principal must be deducted, as well as any and all financial compensation paid by Chesf, in compliance with the agreement.

 

Against such decision, Chesf filed an appeal requesting the lawsuit to be considered fully groundless; especially considering that in this collection suit in order for Mendes Júnior to be entitled to any type of financial compensation, in compliance with a decision rendered in the Declaratory Action previously judged, Mendes Júnior has to provide evidence that it raised funds specifically to finance the Itaparica works due to Chesf's payment in arrears of some invoices; and that financial expenses incurred with this borrowing would have been higher than the total additions paid by Chesf, as a result of these payments in arrears. On December 31, 2008, the Federal Government, Chesf and Mendes Júnior had already lodged an appeal and the Public Prosecutor Office was still to render an opinion on the decision. The Public Prosecutor Office issued a favorable opinion with respect to the acceptance of Chesf's appeal.

 

The appeals were placed on the court's trial docket for May 7, 2009 by the 1st Panel of the Federal Regional Court, but due to the lack of the necessary quorum, this trial was postponed to May 14, 2009. As the appellate judge-reviewer requested to examine the records, the lawsuit was removed from the agenda, and this was its status on December 31, 2009.

 

On February 25th, 2010, the 1st Panel of the Federal Regional Court granted petition to the appeals from Chesf, the Federal Government and the Public Prosecutor Office and denied granting petition to the appeal from Mendes Júnior, the corresponding sentence having been disclosed on March 8, 2010.

 

Considering the elements mentioned in the lawsuit, we can observe that Mendes Júnior did not take out any loan specifically to finance the Itaparica works (or it did not borrow significant amounts), and also considering that according to the decision, all benefits granted to Mendes Júnior during the performance of the agreement should be offset; and finally considering the preliminar calculations already made by Chesf, its legal counsels corroborate the standpoint of the company's attorneys that currently, risk of loss is remote.

 

NOTE 32 - DECOMMISSION OBLIGATIONS

 

The Company recognizes liabilities for decommissioning the thermonuclear power plants, which comprise a program of activities required by the Brazilian Commission of Nuclear Energy - CNEN, to safely dismantle these nuclear facilities with minimum impact on the environment.

 

Given the specific characteristics of the operations and maintenance of thermonuclear power plants, whenever changes in the estimated decommissioning cost occur, as a result of new studies in view of technological advances, the decommissioning quotas must be altered, so as to adjust the liability balance to the new reality.

 

The liability balance recorded at present value on December 31, 2009 is R$215,306 (December 31, 2008 - R$266,168).

 

 

122


Eletrobras

 

 

NOTE 33 - SHAREHOLDERS' EQUITY

 

I - Capital Stock

 

The Company's capital stock on December 31, 2009 is R$ 26,156,567 (December 31, 2008 - R$ 26,156,567) in shares without par value. The preferred shares are not entitled to vote and are not convertible into common shares, however, they have priority in capital reimbursement and dividend distribution at annual rates of 8% for Class ‘A’ shares (subscribed until June 23, 1969) and 6% for Class ‘B’ shares (subscribed as from June 24, 1969), calculated over capital corresponding to each class of share.

 

The capital stock is represented by 1,132,357,090 book-entry shares and is distributed by main shareholders and by classes of share, as follows:

 

TABLE OF SHARES

 

 

COMMON SHARES

 

PREFERRED

 

TOTAL CAPITAL

SHAREHOLDER

 

NUMBER

 

%

 

A Series

 

B Series

 

%

 

NUMBER

 

%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal Government

 

470,656,241

 

52.00

 

-

 

712

 

0.00

 

470,656,953

 

41.56

BNDESPAR(*)

 

190,757,950

 

21.08

 

-

 

18,691,102

 

8.23

 

209,449,052

 

18.50

FND

 

45,621,589

 

5.04

 

-

 

-

 

-

 

45,621,589

 

4.03

FGHAB(**)

 

1,000,000

 

0.11

 

-

 

-

 

-

 

1,000,000

 

0.09

FGI(***)

 

-

 

-

 

-

 

8,750,000

 

3.85

 

8,750,000

 

0.77

FGO(****)

 

-

 

-

 

-

 

5,849,700

 

2.57

 

5,849,700

 

0.52

Treasury Shares

 

-

 

-

 

-

 

36,023

 

0.02

 

36,023

 

0.00

OTHERS

 

196,987,747

 

21.77

 

146,920

 

193,859,106

 

85.35

 

390,993,773

 

34.53

 

 

905,023,527

 

100.00

 

146,920

 

227,186,643

 

100.00

 

1,132,357,090

 

100.00

 

(*) Transfer of 17,691,002 Class B preferred shares from the Federal Government to BNDESPAR.

(**) Transfer of 1,000,000 common shares from the Federal Government to the Housing Guarantee Fund - FGHAB.

(***) Transfer of 8,750,000 Class B preferred shares from the Federal Government to the Investments Guarantee Fund - FGI.

(****) Transfer of 8,750,000 Class B preferred shares from the Federal Government to the Operations Guarantee Fund - FGO.

 

Out of the total of 390,993,773 shares held by minority shareholders, 242,707,277 shares, i.e., 62.06% are owned by non-resident investors, being 134,007,983 common shares, 27 Class ‘A’ Preferred shares and 108,699,267 Class ‘B’ preferred shares.

 

Out of the total participation of shareholders domiciled abroad, 66,350,114 common shares and 32,665,745 Class ‘B’ preferred shares are held in custody, backing the American Depositary Receipts Program - ADRs. On December 31, 2009, the share book value is R$ 67.20 (December 31, 2008 - R$75,61).

 

I - Treasury Shares

 

In view of the model adopted for the refund of the Compulsory Loan credits, i.e., payment with Eletrobras shares, some Subsidiaries began to hold Parent Company shares. Article 244 of Law No. 6.404 of December 15, 1976 forbids the reciprocal interest between the Company and its subsidiaries. When this conflict was identified these shares were acquired, a total of 36,023 Class ‘B’ preferred shares held in treasury for subsequent disposal, as per Article 13, Chapter III and section X of Article 25, Chapter V of the Eletrobras Bylaws.

 

II - Capital Reserves

 

 

PARENT COMPNY AND

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

Offset of insufficient remuneration - CRC

18,961,102

 

18,961,102

Premium on issue of shares

3,384,310

 

3,384,310

Special - Decree-law 54.936/1964

387,419

 

387,419

Monetary adjustment to the 1978 opening balance sheet

309,655

 

309,655

Monetary adjustment of the compulsory loan- 1987

2,708,432

 

2,708,432

Donations and subsidies - FINOR, FINAM and others

297,424

 

297,424

 

26,048,342

 

26,048,342

 

123


Eletrobras

 

 

III - Revenue Reserves

 

The Company's bylaws provide for the allocation of 50% of net income for the year to create an investments reserve and 1% for the Studies and Projects Reserve, limited to 75% and 2% of the capital stock, respectively:

 

 

PARENT COMPANY AND CONSOLIDATED

 

12/31/2009

 

12/31/2008

Legal reserve (Article 193 - Law No. 6.404/1976)

2,046,389

 

2,037,863

Statutory reserve (Article 194 - Law No. 6.404/1976):

 

 

 

Studies and projects

63,070

 

61,365

Investments

16,900,208

 

16,977,346

Profit retention (Article 196 - Law No. 6.404/1976)

-

 

487,476

Special reserve (Article 202 - Law No. 6.404/1976):

-

 

-

Undistributed dividends

-

 

9,336,858

 

19,009,667

 

28,900,908

 

IV - Revaluation Reserves

 

This refers to the reflected reserves arising from the revaluation of the associated companies Celpa’s and Cemat’s fixed asset, evaluated by the equity accounting method.

 

V - Advances for future capital increase

 

The advances received from the controlling shareholder and to be allocated to capital on an irrevocable basis are adjusted by the SELIC rate, according to Decree 2.673/1998:

 

PARENT COMPANY AND CONSOLIDATED

 

12/31/2009

 

12/31/2008

Acquisition of shareholding in CEEE

2,154,197

 

1,959,715

Acquisition of shareholding in CGTEE

2,069,716

 

1,882,864

Banabuí - Fortaleza transmission line

71,305

 

64,868

Xingó Hydroelectric power plant

200,344

 

182,257

Transmission lines in the State of Bahia

31,361

 

28,530

Federal Electrification Fund - Law 5.073/1966

185,902

 

169,119

 

4,712,825

 

4,287,353

 

VI - Carrying Value Adjustments:

 

Offset of increases or decreases in the value associated with asset or liability elements arising from its evaluation at market price, classified as carrying value adjustments, while not calculated in the statement of operations, in compliance with the competence regime (paragraph 5 of Article 177, clause I of the caput from Article 183 and paragraph 3 of Article 226 of Law No. 6.404/76).

 

 

 

PARENT COMPANY AND CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

Conversion accumulated adjustments - Itaipu

 

(1,505)

 

28,285

Carrying value Adjustment - Hedge in invested companies

 

(13,538)

 

-

 

 

(15,043)

 

28,285

 

NOTE 34 - ELECTRICITY OPERATIONS

 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

Provision

 

                     -

 

                      -

 

      5,872,478

 

      5,695,688

Supply

 

                     -

 

                      -

 

      9,347,866

 

      9,372,059

Transmission

 

                     -

 

                      -

 

      4,784,697

 

      4,334,236

CCEE (Electricity Trading Chamber)

 

    1,847,673

 

     1,482,052

 

      2,240,087

 

      2,603,780

Transfer of TAIPU energy

 

    6,446,513

 

     5,777,524

 

      6,446,513

 

      5,777,524

Regulatory asset - trading of ITAIPU energy

 

 (1,586,388)

 

     3,666,637

 

   (1,586,388)

 

      3,666,637

others

 

            2,974

 

                 840

 

           (6,160)

 

                  840

 

 

    6,710,772

 

  10,927,053

 

   27,099,094

 

   31,450,764

 

124


Eletrobras

 

 

NOTE 35 - ELECTRICITY OPERATIONS DEDUCTIONS

 

PARENT COMPANY AND CONSOLIDATED

 

12/31/2009

 

12/31/2008

Global Reversion Reserve - RGR

           519,672

 

         536,711

Fuel Consumption Account - CCC

           277,793

 

         332,979

Energy Development Account - CDE

             62,165

 

            66,304

Research and Development

           236,715

 

         165,883

Renewable Energy Sources Incentive Program - PROINFA

          129,941

 

            73,936

Others

             67,043

 

           15,860

 

1,293,379

 

      1,191,673

ICMS

       1,047,356

 

         984,608

 

       2,340,215

 

      2,176,281

 

NOTE 36 - INCOME FROM INVESTMENTS IN SUBSIDIARIES AND OTHERS

 

 

PARENT COMPANY

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

Investments in subsidiaries

 

 

 

 

 

 

 

Equity in results

   1,171,256

 

    (236,157)

 

                     -

 

                     -

Return on Capital - ITAIPU

          47,838

 

          36,157

 

          47,838

 

          36,157

 

   1,219,094

 

    (200,000)

 

          47,838

 

          36,157

Investments in associated companies

 

 

 

 

 

 

 

Equity in results

   1,253,512

 

       464,267

 

    1,253,512

 

       464,267

Interest on capital

       124,282

 

          96,341

 

       124,282

 

          96,341

 

   1,377,794

 

       560,608

 

    1,377,794

 

       560,608

Other investments

 

 

 

 

 

 

 

Interest on capital

          13,592

 

          14,171

 

          13,592

 

          14,171

Dividends

       103,868

 

          88,643

 

       103,868

 

          88,643

Return on partnership investments

          13,607

 

       (80,623)

 

          51,647

 

       (34,046)

 

       131,067

 

          22,191

 

       169,107

 

          68,768

 

   2,727,955

 

       382,799

 

    1,594,740

 

       665,533

 

NOTE 37 - PERSONNEL, SUPPLIES AND SERVICES

 

 

PARENT COMPANY

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

Personnel

    336,907

 

220,941

 

4,507,203

 

3,670,434

Supplies

          4,376

 

2,899

 

277,874

 

260,854

Services

        93,216

 

54,613

 

1,668,237

 

1,508,354

 

434,499

 

278,453

 

6,453,314

 

5,439,642

 

NOTE 38 - ENERGY PURCHASED FOR RESALE AND USE OF ELECTRICITY GRID

 

 

PARENT COMPANY

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

Supply

              -

 

               -

 

  1,247,686

 

  1,259,493

Transmission

 7,475,215

 

   6,499,620

 

     465,383

 

  4,277,369

Use of the grid

              -

 

               -

 

  1,270,463

 

  1,101,220

CCEE (Electricity Trading Chamber)- short-term energy

    693,250

 

      961,571

 

     731,809

 

  1,212,066

Transfer of ITAIPU energy

  (912,937)

 

   2.047,016

 

  3,553,634

 

  2,047,016

Others

      43,391

 

       64,001

 

     124,022

 

36,370

 

 7,298,919

 

   9,572,208

 

  7,392,996

 

  9,933,534

 

NOTE 39 - OPERATING PROVISIONS

 

 

PARENT COMPANY

 

CONSOLIDATED

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

Contingencies

       (99,242)

 

          71,501

 

       121,936

 

345,273

AFDC - Consumers and Resellers

-

 

-

 

355,707

 

40,345

AFDC - RTE

-

 

-

 

(39,294)

 

(242,734)

AFDC - Financing and Loans

74,556

 

37,045

 

74,556

 

37,045

AFDC - ICMS credits

-

 

-

 

177,320

 

468,405

AFDC - Marketable Securities

(13,015)

 

12,981

 

(13,015)

 

12,981

Present value adjustment - decommission obligations

-

 

-

 

36,475

 

33,599

Allowance for assets impairment

-

 

-

 

(673,232)

 

770,231

Losses on the realization of AFACs (advance for future capital increase)

510,235

 

(7,535)

 

-

 

-

Unsecured liability in subsidiaries

(300,261)

 

135,652

 

-

 

-

Losses on corporate shares

842,830

 

81,565

 

842,830

 

81,565

Others

94,188

 

(27,215)

 

633,514

 

(2,619)

 

1,109,291

 

       303,994

 

1,516,797

 

1,544,091

 

125


Eletrobras

 

 

Aiming to reimburse the Electricity Public Utility concessionary companies that have thermal generation and act in the Isolated System, Law No. 10.833/2003, which changes Law No.8,631.1993, established that the Fuel Consumption Account - CCC should take on these charges, as a whole, in the fiscal year of 2004 and partially during the fiscal years from 2005 to 2008.

 

Through the Normative Resolution 303/2008, ANEEL established the methodology and procedures to examine, demonstrate and validate the ICMS amount registered as a cost arising from the acquisition of fuel, as well as to examine, demonstrate, inspect and pay for the liability to be refunded to the CCC-ISOL by the founders’ shares that received amounts of ICMS reimbursement above the effective cost incurred by this tax.

 

ANEEL, through Ruling 4.722/2009 SFF/ANEEL, regarding the closing of fiscal year 2009, item 29, determined that the amount of the liability to be refunded to the Fuel Consumption Account - CCC, regarding the period from January 2004 to December 2007, be financially acknowledged.

The management of the subsidiary Amazonas Energia, supported by its legal counsels, pleaded at court the suspension of effects of said regulatory authority's resolutions, especially ANEEL Resolutions Nos. 432/2007 and ANEEL 303/2008 and the Directive Release 2.775/2008 - SFF/ANEEL, which has its effects suspended.

 

By force of the sentence issued by the 17th Court of Brasilia, in which it informs that Amazonas Energia is not compelled to deduct the amount corresponding to the ICMS value, amounting to R$576,537, which had been reimbursed by the CCC ISOL in the fiscal years from 2004 to 2008, from its liability. The subsidiary reverted the obligation to its liability, having the operating revenue as compensation.

 

However, facing the stage of the lawsuit, in which the admissibility of the corresponding merit may have an influence, the closing of the lawsuit is uncertain, reason why the parent company recognizes a provision to cover eventual losses related to the supposed indebtedness with CCC concerning the ICMS, at the amount corresponding to the liability, issued pursuant to the court decision.  

 

NOTE 40 - FINANCIAL RESULT

 

 

 

PARENT COMPANY

 

CONSOLIDATED

 

 

12/31/2009

 

12/31/2008

 

12/31/2009

 

12/31/2008

Financial revenues (expenses)

 

 

 

 

 

 

 

 

Interest income, commission and fees fees

 

3,884,310

 

3,568,780

 

1,037,626

 

  1,199,439

Debt charges

 

(643,592)

 

 (479,655)

 

(1,686,761)

 

(1,442,159)

Charges on shareholders' funds

 

(1,422,982)

 

(1,576,023)

 

(1,467,632)

 

 (1,599,504)

Revenue of financial investments

 

1,147,357

 

 959,344

 

1,416,513

 

1,160,571

Other revenues (expenses)

 

110,189

 

      30,068

 

(929,009)

 

113,007

 

 

3,075,282

 

2,502,514

 

(1,629,263)

 

(568,646)

Monetary and currency adjustments

 

 

 

 

 

 

 

 

Net monetary adjustments

 

175.509

 

     997,786

 

334,699

 

    320,223

Net currency adjustments

 

(4,618,216)

 

  4,297,123

 

(3,979,338)

 

 3,632,191

 

 

(4,442,707)

 

5,294,909

 

(3,644,639)

 

3,952,414

 

 

(1,367,425)

 

7,797,423

 

(5,273,903)

 

3,383,768

 

NOTE 41 - PARTICIPATION IN THE COMPANY’S RESULTS

 

Eletrobras and its subsidiaries adopt a program of employee participation in the Company’s profits and results, which aims to incentivize the improvement of quality, productivity levels and global results of the Company, applicable to all employees.

 

The employees’ participation in the profits and results takes place based on mutual working agreements entered into with the employees and labor unions, pursuant to the federal legislation in force, through the agreement of goals and obligations.

 

Therefore, in 2009, Eletrobras pro the amount of R$ 27,000 (December 31st, 2008 - R$ 23,000), R$ 201,777 being in the consolidated (December 31st, 2008 - R$ 176,817), corresponding to the participation of employees and and administrators in the PRL profits and results, in compliance with Resolution 10, of May 30th, 1995, of the State Companies Coordination and Control Council - CCE.

 

126


Eletrobras

 

 

The payment of the PLR will be object of deliberation by the Ordinary Shareholders’ General Assembly, which will appraise the present Financial Statements.

 

NOTE 42 - VOLUNTARY SEVERANCE PROGRAM - PDVE

 

 

I - Parent Company

 

In 2007, Eletrobras implemented a Voluntary Severance Program aimed at streamlining its staff, open to everyone with the following conditions:

 

a) Participants of the defined benefit plan of Fundação Eletrobras de Seguridade Social - Eletros - who are already retired under the Brazilian Social Security Institute (INSS) system and are eligible to the benefits of the supplementary pension plan of Eletros within 24 months after adhering to the PDVE;

 

b) Participants of the defined contribution plan of Fundação Eletrobras de Seguridade Social - Eletros - who are eligible to the benefits of the supplementary pension plan of Eletros within 24 months after adhering to PDVE; and

 

c) Non-participants of Fundação Eletrobras de Seguridade Social - Eletros - who are already retired under the INSS, or eligible for retirement, within 24 months after adhering to PDVE, even if on a pro rata basis by the Social Security General System.

 

After the termination of employment with Eletrobras, the Company will not be responsible for any contribution to the Government or Private Pension plan.

 

In order to stimulate employees to adhere to the PDVE, an additional indemnity will be paid for each year worked, plus severance pay due in cases of dismissal without just cause, according to the following criteria:

 

a) 50% of monthly compensation per full year worked, limited to 24 years and corresponding to twelve times the highest salary of the Company;

 

b) Health care for 12 months as from the severance date.

 

The Voluntary Severance Program was closed on December 31, 2009.

 

II - Chesf

 

Chesf approved a severance program for employees who are about to retire, with severance scheduled up to February 28, 2011, obtaining 1,806 adhesions with 70 severances up to the end of 2009.

 

PDVP expenses include financial incentives, FGTS fine, prior notice, maintenance of an Employer’s Support Plan (PAP), for the maximum period of twelve (12) months as of the severance date, among others.

 

In order to cover these expenses, the Company recorded in the income for this year an amount of R$274,118, deemed sufficient to cover the expected expenses.

 

III - Eletrosul

 

  In 2006, Eletrosul implemented an employee's voluntary severance program. Aiming to maintain the expertise necessary for the management of the business, employees who adhered to the plan will have to repass it to the employees who will replace them in their activities. The severance chronology defined by Eletrosul works together with a Knowledge Transmission Plan - PRC and will allow employees, after they have completed the task, to be entitled to two other programs: the Retirement Preparation Plan - PPA and the Bonus for Goal Achievement Program - PCM, which will qualify them for their voluntary severance. The employee will be entitled to the incentive defined in the voluntary severance bonus program by achieving goals, if the obligations/goals and the period (from 90 days to 5 years) previously agreed upon are complied with. For this reason, the bonus value the employee will be entitled to after complying with the pre-established period, and that will be paid in 18 monthly instalments after his severance, will be financially recognized as a provision during the term compliance period, that is, if it is agreed that the employee will be severed from the company in 2 years, the value of the bonus will be recognized monthly, as of the signature of the adhesion term, at the ratio of 1/24 a month.

127


Eletrobras

 

 

 

Considering that 398 employees adhered to the plan and, also, the accounting criterion defined above, the amount of R$ 23,600 was financially recognized in 2006, R$ 22,668 in 2007, R$ 23,532 in 2008 and R$ 16,345 in 2009. For the other years, the following amounts are foreseen: 2010 - R$ 6,260; 2011 - R$ 1,739, which will be recovered, according to Eletrosul’s calculation, due to the favorable economy, approximately in 18 months counting from the employee’s dismissal date.

 

NOTE 43 - FINANCIAL INSTRUMENTS AND RISK MANAGEMENT

 

I - Investment Management

 

In the application of Eletrobras’ financial resources, it is worth emphasizing, fundamentally, long-term loans and financing and shareholdings in electricity public utility concessionaires, detailed in Notes 9 and 16 and Exhibits II and III.

 

II - Financial Instruments

 

In compliance with the Official Letter /CVM/SNC/SEP No. 3/2009, of November 19, 2009, and the Instruction CVM 475, of December 17, 2008, the Company evaluates its financial instruments, including derivatives, when applicable.

 

1- Financial and Derivative Instruments

 

On December 31, 2009, there were no portfolio derivative financial instruments. Likewise, there were no operations with derivatives in period ended on this date.

 

2 - Embedded Derivatives

 

In 2004, the subsidiary Eletronorte executed long-term electricity supply agreements with three of its major customers. These long-term agreements are associated with the aluminum international price on the London Metal Exchange (LME), as the basic asset for the purposes of defining monthly amounts of the agreements.

 

The breakdown of agreements is as follows:

 

 

 

Dates of the agreement

 

 

Customer

 

Start

 

Maturity

 

Megawatts average volume

 

Albrás

 

 

07/01/2004

 

 

12/31/2024

 

750 MW - until 12/31/2006

800 MW - as from 01/01/2007

Alcoa

 

07/01/2004

 

12/31/2024

 

De 304,92 MW to 328 MW

BHP

 

07/01/2004

 

12/31/2024

 

De 353,08 MW to 492 MW

 

These agreements include the ‘cap and floor band’ concept related to the aluminum price quoted on the LME. The cap and floor price of LME is limited to US$ 2,773.21/tonne and US$ 1,450/tonne, respectively.

 

The Company does not carry out other types of derivative operations except for those mentioned in this Note. Further information about this operation is disclosed in Note 19.

 

128


Eletrobras

 

 

3 - Non-derivative Financial Instruments

 

a) Cash and cash equivalents: the market value of these assets is equivalent to their book values.

 

b) Marketable securities: these are classified as held-to-maturity securities and are recorded at acquisition cost plus interest and monetary adjustment credited to results. These instruments are adjusted to probable realizable value, where applicable.

 

c) Consumers and resellers: the amounts receivable from consumers and resellers are classified as held to maturity and are recorded by their probable realizable values.

 

d) Rescheduled receivables: these are classified as held-to-maturity and are recorded at their probable realizable values.

 

e) Loans and financing granted: loans and financing granted refer to the financing of the Brazilian electricity sector, bearing average interest of 6.91% p.a. (December 31, 2008 - 9.73% p.a.).

 

Financing is restricted to public electricity utility concessionaires, thus, the market rate (or the Company's opportunity cost of capital) is defined by it, taking into account the risk premium compatible with sector activities. If it is not possible to seek alternatives other than the electricity sector itself, the present value of these loans corresponds to their book value.

 

At the closing of the fiscal year, the Company had 809 loans and financing agreements, amounting to R$28,717,335 (December 31, 2008 - R$42,234,271), as follows:

 

Currency

 

US$

 

%

 

R$

US dollar

 

                8,224,463

 

49.87

 

   14,320.436

IGP-M

 

                3,087,772

 

18.72

 

      5,376.429

Real

 

                4,862,394

 

29.48

 

     8,466.400

Yen

 

                   233,048

 

1.41

 

     405,783

EURO

 

                     85,163

 

0.52

 

      148,285

Total

 

              16,492,840

 

100.00

 

    28,717,333

 

f) Loans and financing obtained:

 

In liabilities, it is worth emphasizing the loans and financing obtained with financial institutions, especially from abroad, and the Sector Funds, specifically the Global Reversion Reserve - RGR. The market values of loans and financing obtained are equivalent to their book values.

 

The financing raised is comprised of loans contracted with international multilateral agencies - IDB, IBRD, CAF, and it is not feasible to discount them at a rate different from that established for Brazilian debt. Other loans are raised at international rates, where the book value approximates the present value.

 

 

Eletrobras ended 2009 with 12 liability agreements, including loans, financing and bonuses,

amounting to R$5,101,994 (December 31st, 2008 - R$4,158,111), as follows:

 

Currency

 

US$ (equivalent)

 

%

 

R$

US dollar

 

          2,641,947

 

90.16%

 

        4,600,158

EURO

 

                85,713

 

2.93%

 

           149,243

Yen

 

              202,500

 

6.91%

 

           352,593

Total

 

          2,930,160

 

100.00

 

        5,101,994

 

g) The compulsory loan, extinguished by Law No. 7.181 of December 20, 1993, could only be collected up to December 31, 1993. Currently, ELETROBRAS manages the residual balance of the Compulsory Loans, adjusting them based on the IPCA-E and accruing annual interest of 6%., with defined redemption period. The market values of these loans and financing are equivalent to their book values.

 

129


Eletrobras

 

 

III - Risks

1  - Regulatory Risk

The Company, through its subsidiaries, holds concessions for the public service of electricity generation, transmission and distribution with maturities according to the prevailing laws. Should these concessions not be renewed or are renewable only with the imposition of additional costs to the Company, current profitability and activity levels may change.

 

2 - Exchange Rate Risk

The Company has a relevant gap between assets and liabilities indexed to foreign currencies, especially the US dollar, deriving mainly from financing agreements with the subsidiary Itaipu Binacional, which provokes exposure to financial risks that cause its financial statements and cash flows to be volatile. Furthermore, there is exposure to the Libor interest rate, related to external fundraising agreements. In addition to the already mentioned risks, there are others of little relevance deriving from agreements granted and obtained.

 

3 - Credit Risk

The Company, through its subsidiaries, operates in the electricity generation and transmission markets, supported by agreements executed in a regulated framework. In the bilateral agreements executed with electricity distribution companies, the Company seeks to minimize its credit risks by means of guarantee mechanisms involving receivables from their customers. In the transactions with industrial customers called free consumers, the credit risk is minimized by means of the prior analysis of business conditions.

 

4  - Price Risk

Until 2004, electricity supply prices deriving from generation activity were established by ANEEL. After the Auction 001/2004 held by the Regulatory Authority, the generation companies started to commercialize their electricity with a higher number of customers, at prices defined by the market. The electricity transmission activity's remuneration is established by ANEEL, by setting the Authorized Annual Revenue - RAP, deemed as sufficient to cover operating costs and to maintain the economic and financial balance of the concession.

 

5 - Market Risk

A significant portion of electricity generated by the companies controlled by Eletrobras is sold by means of energy trading agreements in a regulated framework - CCEARs, executed as a result of the subsidiaries participation in energy auctions, organized by ANEEL.

 

IV - Financial Hedge Policy:

 

In 2009, the Exchange Hedge Policy, approved in 2007, was reviewed and had its scope broadened, comprehending, besides currency gaps, any financial risks that may be identified.

 

In this context, Eletrobras’ Financial Hedge Policy was approved. The objective of the current policy is to pursue the mitigation of the exposure to the market variables that may have an impact on the assets and liabilities of the Company and its subsidiaries, thus reducing the undesirable fluctuation effects of these variables in the financial statements. This said, the aforementioned policy aims at having the Company’s results faithfully reflect its real operational performance and having its projected cash flow present less volatility.

 

Along with the policy, the creation of a Financial Hedge Committee, in the scope of the Financial Management, was approved, having as the main function defining the hedge strategies and instruments to be presented to Eletrobras' Board of Executive Officers.

 

Taking into account the different forms of realizing the hedge of the gaps presented by the company, the policy enlists a scale of priorities, focusing on structural solutions. The operations with financial derivatives will only be carried out complementarily and aiming exclusively at protecting the indexed assets and liabilities of the Company and its subsidiaries that present any gap, and may not be characterized as financial leverage or operation of credit concession to third parties.

 

There were no hedge operations in the year ended on December 31, 2009.

 

130


Eletrobras

 

 

1 - Objectives and Strategies:

 

In 2008, in the scope of the former Exchange Hedge Policy, operations with derivatives were carried out so as to mitigate a small portion of the active gaps in foreign currencies. The Company used Non-Deliverable Forwards - NDFs amounting to US$ 280,000, matching the maturity of the agreements with the dates of indebtedness receipt from the jointly-controlled subsidiary Itaipu Binacional.

 

In the scope of the current policy, on the other hand, the Company has been developing studies and discussing, through the Financial Hedge committee, the execution of interest rate swapping operations, aiming at neutralizing the volatility of the fundraising agreements entered into at Libor. The expectation is that these operations be carried out throughout 2010.

 

Besides the Libor swapping operation, exchange hedge strategies were analyzed in 2009 and are being implemented, focusing on structural solutions, in line with the Financial Hedge Policy.  Thus, in 2009, US$ 1,000,000 were raised through the issuance of bonuses in the international market and new external fundraising opportunities are being analysed as an important instrument for mitigating the active exposures to foreign currencies. In the scope of this strategy, not only the gap’s total amount is being taken into account in the structuring of new fundraising, but also its arrangement with the passing of time, aiming to accomplish both the balance and the flow hedge.

 

2 - Financial Hedge Operations Risks:

 

Operations with derivatives, when carried out in the over-the-counter market, present relevant counterpart risks. With the intention of mitigating this risk, Eletrobras established a standard regarding the register of financial institutions for purposes of execution of operations with derivatives. This standard defines criteria regarding size, rating and expertise in the derivatives market, so that the institutions that may carry out operations with Eletrobras can be selected.

 

Moreover, the Company has developed an exposure control methodology for the registered companies, which defines the limits to the volume of operations to be carried out with each one of them.

 

The Company strives for all operations with derivatives it carries out to be fit into the hedge accounting concept, thus ratifying the sole and exclusive intention of realizing hedge with such positions. Such measure puts the risk of settlement gaps in hedge positions against their respective objects, since the financial flows of both will always match. 

 

In 2009, guarantee limits criteria started being discussed, and will be implemented during 2010, which will be a previous condition for the execution of any operation of this kind, so as to reduce the counterpart risk exposure in operations with derivatives.

 

 

V - Susceptibility Analysis

 

In the following charts, scenarios for indexes and rates were considered, with their respective impacts on the Company’s results. For the susceptibility analysis, forecasts and/or estimates fundamentally based on macroeconomic assumptions obtained from the Focus Report, disclosed by the Central Bank and Economic Outlook 86, published by OECD were used as a likely scenario for late 2010.

 

Susceptibility analyses of the loans and financing agreements granted were carried out in four different scenarios: two of them with increase in the outstanding balance indexing currencies and two with decrease in these indexing currencies. The analyses were limited to the agreements granted that presented exposure to the exchange rate and prices index.

 

131


Eletrobras

 

 

Depreciation of the indexes in cents granted

 

In reais

Currency (Risk)

Balance

US$

Balance

 

Likely 2010

Scenario I (-25%)

Scenario II (-50%)

Scenario I

(-25%)

Scenario II (-50%)

Dollar

(R$/US$)

8,224,463

14,320,436

1.8100

1.3575

0.9050

11,164,709

  7,443,139

IGP-M

3,087,772

  5,376,429

6.38%

4.79%

3.19%

  5,633,691

  5,547,937

EURO (R$/€)

     85,163

     148,285

2.6933

2.0200

1.3466

     115,608

       77,072

Yen (R$/¥)

   233,048

     405,783

0.0197

0.0147

0.0098

     316,363

     210,908

TOTAL

 

20,250,933

 

 

 

17,230,371

13,279,057

 

Appreciation of the indexes in cents granted

 

In reais

Currency (Risk)

Balance

US$

Balance

R$

Likely        2010

Scenario I (+25%)

Scenario II (+50%)

Scenario I (+25%)

Scenario II (+50%)

Dollar (R$/US$)

8,224,463

14,320,436

1.8100

2.2625

2.7150

18,607,848

22,329,418

IGP-M

3,087,772

  5,376.429

6.38%

7.98%

9.57%

  5,805,200

  5,890,954

EURO (R$/€)

     85,163

     148.285

2.6933

3.3666

4.0399

     192,680

     231,217

Yen (R$/¥)

   233,048

     405,783

0.0197

0.0246

0.0295

     527,271

     632,725

TOTAL

 

20,250,933

 

 

 

25,132,999

29,084,314

 

Susceptibility analyses of the loans and financing agreements obtained were carried out in four different scenarios: two of them with increase in the outstanding balance indexing currencies and two with decrease in these indexing currencies. The analyses were limited to the agreements obtained that presented exposure to the exchange rate and prices index.

 

Depreciation of the indexes in cents granted

 

In reais

Currency (Risk)

Balance US$

Balance R$

Likely  2010

Scenario I (-25%)

Scenario II (-50%)

Scenario I

(-25%)

Scenario II

(-50%)

Dollar (R$/US$)

2,641,947

4,600,158

1.8100

1.3575

0.9050

3,586,443

2,390,962

EURO (R$/€)

85,713

149,243

2.6933

2.0200

1.3466

116,355

77,570

Yen (R$/¥)

202,000

352,593

0.0197

0.0147

0.0098

274,891

183,262

Total

2,929,660

5,101,994

 

 

 

3,977,689

2,651,794

 

Appreciation of the indexes in cents granted

 

In reais

Currency (Risk)

Balance US$

Balance R$

Likely  2010

Scenario I (+25%)

Scenario II (+50%)

Scenario I (+25%)

Scenario II (+50%)

Dollar (R$/US$)

2,641,947

4,600,158

1.8100

2.2625

2.7150

5,977,405

7,172,886

EURO (R$/€)

85,713

149,243

2.6933

3.3666

4.0399

193,926

232,711

Yen (R$/¥)

202,499

352,593

0.0197

0.0246

0.0295

458,154

549,784

Total

2,930,159

5,101,994

 

 

 

6,629,485

7,955,382

 

Susceptibility analyses of the regulatory asset arising from the trading of Itaipu Binacional’s electricity were carried out. The analysis was limited to the variation in the real - us dollar exchange rate, including two scenarios where there is an exchange valuation of 25% and 50% and two scenarios where there is exchange devaluation of 25% and 50%.

 

Depreciation of indexes in Regulatory Assets

In reais

Currency (Risk)

Balance US$

Balance

Likely    2010

Scenario I (-25%)

Scenario II (-50%)

Scenario I (-25%)

Scenario II  (-50%)

Dollar

(R$/US$)

1,035,693

1,803,349

1.8100

1.3575

0.9050

1,405,953

937,302

 

Appreciation of indexes in Regulatory Assets

In reais

Currency (Risk)

Balance US$ 

Balance R$

Likely        2010

Scenario I (+25%)

Scenario II (+50%)

Scenario I (+25%)

Scenario II (+50%)

Dollar

(R$/US$)

1,035,693

1,803,349

1.8100

2.2625

2.7150

2,343,255

2,811,906

 

132


Eletrobras

 

 

The susceptibility analyses were elaborated as established by Instruction CVM No. 475/2008, aiming to measure the impact of the changes in the market variables on each of the Company’s financial instruments. Therefore, they are projections based on the evaluation of macroeconomic scenarios and do not mean that the negotiations will have the values presented in the considered analysis term.

 

NOTE 44 - RELATED PARTIES TRANSACTIONS

The transactions of Eletrobras with its subsidiaries and special-purpose entities are carried out at prices and under conditions compatible with those practiced in the market. Among the main operations that took place with related parties, highlighted are the loans and financing granted which were established under market conditions and/or according to specific laws. Other operations were also made under normal market conditions.

 

As shown in Note 3, the Company does not have share-based remuneration.

 

Also, there are no operations with individuals deemed as related parties, except for shareholders.

 

 

PARENT COMPANY

 

 ASSETS

 

 LIABILITIES

 

RESULT

 Furnas

 

 

 

 

 

  Consumers and resellers

5,384

 

                  -

 

                  -

  Financing and loans

1,341,691

 

                  -

 

                  -

  Advance for future capital increase

            31,154

 

                  -

 

                  -

  Sundry liabilities

                    -

 

              339

 

                  -

  Interest, commission and fee income

                    -

 

                  -

 

84,505

 

1,378,229

 

339

 

            84,505

 Chesf

 

 

 

 

 

  Consumers and resellers

3,061

 

                  -

 

                  -

  Financing and loans

253,795

 

                  -

 

                  -

  Return on investments

      588,428

 

                  -

 

                  -

  Advance for future capital increase

3,018,051

 

                  -

 

                  -

  Sundry liabilities

                    -

 

            1,368

 

                  -

  Interest, commission and fee income

                    -

 

                  -

 

363,801

 

3,863,335

 

            1,368

 

363,801

 Eletronorte

 

 

 

 

 

  Consumers and resellers

               5,778

 

                  -

 

                  -

  Financing and loans

3,223,742

 

                  -

 

                  -

  Fuel Consumption Account

172,850

 

                  -

 

                  -

   Advance for future capital increase

4,023,201

 

-

 

-

  Sundry liabilities

                    -

 

                46

 

                  -

  Interest, commission and fee income

                    -

 

                  -

 

1,147,033

 

7,425,571

 

                46

 

1,147,033

 Eletrosul

 

 

 

 

 

 Renegotiated Receivables

                    12

 

                  -

 

                  -

  Financing and loans

670,090

 

                  -

 

                  -

  Return on investments

194,063

 

                  -

 

                  -

  Advance for future capital increase

            430,144

 

                  -

 

                  -

  Interest, commission and fee income

                    -

 

                  -

 

52,737

 

1,294,309

 

-

 

52,737

 CGTEE

 

 

 

 

 

  Financing and loans

782,191

 

                  -

 

                  -

  Interest, commission and fee income

                    -

 

                  -

 

22,551

 

782,191

 

                  -

 

22,551

 Eletronuclear

 

 

 

 

 

  Financing and loans

3,895,896

 

                  -

 

                  -

  Return on investments

6,382

 

                  -

 

                  -

 Sundry liabilities

                    -

 

1,482

 

                  -

  Interest, commission and fee income

                    -

 

                  -

 

368,060

 

3,902,278

 

          1,482

 

368,060

 Eletropar

 

 

 

 

 

  Advance for future capital increase

                    -

 

                  -

 

-

  Return on investments

                    -

 

-

 

-

  Sundry liabilities

                    -

 

                  -

 

-

  Interest, commission and fee income

                    -

 

                  -

 

                  -

 

                    -

 

                  -

 

                  -

 Itaipu

 

 

 

 

 

  Financing and loans

6,484,986

 

                  -

 

                  -

  Return on investments

435

 

                  -

 

                  -

   Suppliers

                    -

 

597,157

 

                  -

   Energy Purchased for Resale

                    -

 

                  -

 

3,177,434

  Interest, commission and fee income

                    -

 

                  -

 

522,354

 

       6,485,421

 

597,157

 

3,699,788

 

 

 

 

 

 

 

 

 

 

 

 

 Ceal

 

 

 

 

 

  Financing and loans

117,409

 

-

 

-

  Fuel Consumption Account

462

 

                  -

 

                  -

  Advance for future capital increase

414,276

 

-

 

-

  Interest, commission and fee income

                    -

 

                  -

 

44,201

 

532,147

 

                  -

 

44,201

 Cepisa

 

 

 

 

 

 Financing and loans

315,330

 

-

 

-

  Fuel Consumption Account

355

 

-

 

-

  Advance for future capital increase

292,792

 

-

 

-

  Interest, commission and fee income

                    -

 

                  -

 

51,547

 

608,477

 

                  -

 

51,547

 Amazonas Energia

 

 

 

 

 

  Financing and loans

365,633

 

                  -

 

                  -

  Fuel Consumption Account

714

 

                  -

 

                  -

  Advance for future capital increase

1,573,797

 

-

 

-

  Interest, commission and fee income

-

 

-

 

144,464

 

1,940,144

 

-

 

144,464

 Ceron

 

 

 

 

 

  Financing and loans

99,611

 

                  -

 

                  -

  Fuel Consumption Account

21,125

 

                  -

 

                  -

  Advance for future capital increase

268,530

 

-

 

-

  Interest, commission and fee income

                    -

 

                  -

 

53,666

 

389,266

 

                  -

 

53,666

 Eletroacre

 

 

 

 

 

  Financing and loans

25,279

 

                  -

 

                  -

  Fuel Consumption Account

107

 

                  -

 

                  -

  Advance for future capital increase

125,033

 

-

 

-

  Interest, commission and fee income

                    -

 

                  -

 

4,477

 

150,419

 

                  -

 

4,477

 National Treasury

 

 

 

 

 

Obligations

-

 

387,342

 

-

 Dividends payable

                    -

 

-

 

                  -

 

                   -

 

387,342

 

                  -

 Eletros

 

 

 

 

 

 

 

 

 

 

 

Social Security Contributions

-

 

-

 

(56,491)

 

-

 

-

 

(56,491)

CONSOLIDATED

 

 

 ASSETS

 

 LIABILITIES

 

 RESULT

Northeast Transmission System

 

 

 

 

 

Permanent shareholding

111,389

 

-

 

-

Interest on capital/dividends receivable

9,672

 

-

 

-

Suppliers

-

 

1,142

 

-

Revenue from services rendered

-

 

-

 

1,663

Equity in the results

-

 

-

 

18,213

Grid usage charge

-

 

-

 

(10,225)

 

121,061

 

1,142

 

9,651

 

 

 

 

 

 

 Cepel

 

 

 

 

 

Operational expenses

-

 

-

 

(9,438)

 

-

 

-

 

          (9,438)

 Intesa

 

 

 

 

 

Permanent shareholding

86,245

 

-

 

-

Equity Result

10,085

 

-

 

-

Suppliers

-

 

1,396

 

-

Equity in the results

-

 

-

 

              5,279

 

96,330

 

1,396

 

5,279

 Águas da Pedra

 

 

 

 

 

Permanent shareholding

123,421

 

                 -

 

-

Equity in the results

-

 

-

 

            (549)

 

123,421

 

                 -

 

              (549)

 

 

 

 

 

 

 Sustainable Energy

 

 

 

 

 

Permanent shareholding

202,388

 

                 -

 

                -

Equity in the results

                    -

 

                 -

 

(2,034)

 

202,388

 

                 -

 

(2,034)

Manaus Transmission

 

 

 

 

 

Permanent shareholding

172

 

-

 

-

 

172

 

-

 

-

Manaus Construction

 

 

 

 

 

Permanent shareholding

1,938

 

-

 

-

 

1,938

 

-

 

-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Madeira Electric Interconnection

 

 

 

 

 

Permanent shareholding

50,567

 

                 -

 

                -

 

50,567

 

                 -

 

                -

 Fachesf

 

 

 

 

 

Suppliers

                    -

 

3,306

 

                -

Regular Contribution

                    -

 

10,617

 

                -

Actuarial contracts

                    -

 

196,913

 

(131,151)

Operational expenses

                    -

 

                 -

 

(43,269)

 

                    -

 

210,836

 

       (174,420)

 

 

 ASSETS

 

 LIABILITIES

 

 RESULT

Enerpeixe

 

 

 

 

 

Accounts receivable

137

 

-

 

-

Consumers and resellers

517

 

-

 

-

Interest on capital/dividends receivable

7,310

 

-

 

-

Permanent shareholding

460,770

 

-

 

-

Revenues from Electricity grid usage

-

 

-

 

4,343

Revenue from services rendered

-

 

-

 

5,390

Financial income

-

 

-

 

47,121

 

468,734

 

-

 

56,854

Transleste

 

 

 

 

 

Permanent shareholding

15,096

 

-

 

-

Suppliers

-

 

121

 

-

Financial income

-

 

-

 

2,917

Electricity grid usage charges

-

 

-

 

(1,129)

 

15,096

 

121

 

1,788

Transudeste

 

 

 

 

 

Accounts receivable

21

 

-

 

-

Permanent shareholding

10,350

 

-

 

-

Suppliers

-

 

75

 

-

Financial income

-

 

-

 

1,850

Electricity grid usage charges

-

 

-

 

(700)

 

10,371

 

75

 

1,150

Transirapé

 

 

 

 

 

Permanent shareholding

7,551

 

51

 

-

Financial income

-

 

-

 

1,521

Electricity grid usage charges

-

 

-

 

(482)

 

7,551

 

51

 

(1,039)

Centroeste

 

 

 

 

 

Advance for future capital increase

16,035

 

-

 

-

Permanent shareholding

25

 

-

 

-

 

16,060

 

-

 

-

Baguari

 

 

 

 

 

Advance for future capital increase

79,225

 

-

 

-

Revenue from services rendered

-

 

-

 

177

 

79,225

 

-

 

177

 

 

 

 

 

 

Retiro Baixo

 

 

 

 

 

Advance for future capital increase

99,920

 

-

 

-

 

99,920

 

-

 

-

Serra Facão

 

 

 

 

 

Accounts receivable

4

 

-

 

-

Advance for future capital increase

61,899

 

-

 

-

Permanent shareholding

75,586

 

-

 

-

Revenue from services rendered

-

 

-

 

2,729

 

137,489

 

-

 

2,729

Chapecoense

 

 

 

 

 

Advance for future capital increase

43,331

 

-

 

-

Permanent shareholding

216,214

 

-

 

-

Revenue from services rendered

-

 

-

 

3,346

 

259,545

 

-

 

3,346

Madeira Energia

 

 

 

 

 

Permanent shareholding

39

 

-

 

-

Revenue from services rendered

-

 

-

 

7,328

 

39

 

-

 

7,328

Inambari

 

 

 

 

 

Permanent shareholding

7,003

 

-

 

-

 

7,003

 

-

 

-

Transenergia

 

 

 

 

 

Advance for future capital increase

3,920

 

-

 

-

 

3,920

 

-

 

-

Real Grandeza

 

 

 

 

 

Contracts for actuarial debts

-

 

753,334

 

-

Maintainer’s regular contribution

-

 

-

 

9,935

Administrative expenses contribution

-

 

-

 

2,528

 

 

 

753,334

 

12,463

 

 

 

 ASSETS

 

 LIABILITIES

 

 RESULT

 ETAU

 

 

 

 

 

 Accounts receivable

7

 

-

 

-

 Permanent shareholding

12,485

 

                 -

 

                -

 Interest on capital/dividends receivable

4,409

 

-

 

-

 Other revenues

-

 

-

 

17

 Revenue from services rendered

-

 

-

 

85

 Equity in the results

                    -

 

                 -

 

4,682

 

16,901

 

                 -

 

4,784

 Artemis

 

 

 

 

 

Accounts receivable

433

 

-

 

-

Interest on capital/dividends receivable

5,846

 

-

 

-

Permanent shareholding

72,226

 

-

 

-

Other revenues

-

 

                 -

 

               50

Revenue from services rendered

-

 

-

 

5,162

Equity in the results

-

 

                 -

 

           9,117

 

           78,505

 

                 -

 

14,329

 Uirapuru

 

 

 

 

 

Accounts receivable

4,270

 

-

 

-

 Permanent shareholding

             22,522

 

-

 

-

 Interest on capital/dividends receivable

2,205

 

                 -

 

                -

 Financial income

-

 

-

 

327

 Revenue from services rendered

-

 

-

 

2,010

 Equity in the results

                    -

 

                 -

 

3,822

 Other revenues

-

 

-

 

12

 

28,997

 

-

 

6,171

 ESBR

 

 

 

 

 

 Permanent shareholding

202,421

 

                 -

 

                -

 Shareholding expenses

-

 

-

 

(3,321)

 

202,421

 

                 -

 

(3,321)

 Fundação Elos

 

 

 

 

 

Regular Contribution

                    -

 

-

 

                -

Actuarial contracts

-

 

35,416

 

(9,646)

 

                    -

 

35,416

 

(9,646)

 Norte Brasil

 

 

 

 

 

Permanent shareholding

30,062

 

                 -

 

                -

Shareholding expenses

-

 

-

 

(318)

 

30,062

 

-

 

(318)

 Transmission Station

 

 

 

 

 

Permanent shareholding

208,786

 

-

 

-

Shareholding expenses

-

 

-

 

(240)

 

208,786

 

                 -

 

                (240)

Porto Velho

 

 

 

 

 

Permanent shareholding

18,333

 

                 -

 

                -

Advance for future capital increase

27,063

 

-

 

-

Shareholding expenses

-

 

-

 

(47)

 

45,396

 

                 -

 

(47)

 

 Brasnorte

 

 

 

 

 

 Permanent shareholding

             89,009

 

                 -

 

                -

 Suppliers

-

 

                 93

 

                -

 

89,009

 

93

 

-

 Amapari

 

 

 

 

 

 Permanent shareholding

41,533

 

                 -

 

                -

 Equity in the results

(1,974)

 

                 -

 

-

 Revenues from Equity

-

 

                 -

 

          (1,864)

 

39,559

 

-

 

(1,864)

 AETE

 

 

 

 

 

 Interest on capital/Dividends receivable

(14,171)

 

199

 

-

 Permanent shareholding

             21,300

 

-

 

-

 Equity in the results

21,040

 

                 -

 

-

 Revenues from Equity

-

 

-

 

7,149

 

28,169

 

199

 

7,149

 Previnorte

 

 

 

 

 

 Social Security Contributions

                    -

 

3,902

 

-

 Actuarial expenses

-

 

-

 

(27,045)

 

-

 

3,902

 

(27,045)

Transmissora Matogrossense

 

 

 

 

 

Permanent shareholding

735

 

-

 

-

 

735

 

-

 

-

 

 Nucleos

 

 

 

 

 

Actuarial agreements Cons. Debt

                    -

 

        26,050

 

-

Actuarial provision pension plan

                    -

 

108,862

 

-

Maintainer’s regular contribution

-

 

-

 

6,365

Post-employment actuarial provision, insurance and health

-

 

-

 

2,258

 

                    -

 

134,912

 

8,623

                                 Itaipu

 

 ASSETS

 

 LIABILITIES

 

 RESULT

 Fibra

 

 

 

 

 

Suppliers

                    -

 

-

 

-

Accounts payable

                    -

 

28,854

 

-

Regular contribution

                    -

 

2,043

 

-

Actuarial expenses

                    -

 

                 -

 

(17,465)

Actuarial provision

                    -

 

186,962

 

-

Financial expense

                    -

 

                 -

 

(3,023)

 

                      -

 

217,859

 

(20,488)

Cajubi

 

 

 

 

 

Regular Contribution

                    -

 

4,484

 

-

Actuarial expenses

                    -

 

155,636

 

 (17,862)

 

-

 

160,120

 

(17,862)

133


Eletrobras

 

 

 

 

 Eletrobras

 

Consolidated

 

12/31/2009

 

12/31//2008

 

12/31/2009

 

12/31/2008

Remuneration of Directors and Executive

3,385

 

2,660

 

16,435

 

16,863

Salaries and social charges

990

 

720

 

4,167

 

4,479

 Other benefits

203

 

416

 

2,424

 

3,296

 TOTAL

4,578

 

3,797

 

23,156

 

24,509

 Remuneration of Key Personnel

 

NOTE 45 - SUBSEQUENT EVENTS

 

The subsidiary Furnas was fined R$ 53,700 as ANEEL understood that there were flaws in the systems of both substations Itaberá (SP) and Ivaiporã (PR), which would have motivated the electrical failure and interruption of electricity supply on November 10, 2009. The subsidiary’s management will appeal against the Regulatory Agency’s decision as it understands the company cannot be blamed for the accident.

 

José Antonio Muniz Lopes
Astrogildo Fraguglia Quental

Chief Executive Officer

Chief Financial and Investor Relations Officer

 

 

Valter Luiz Cardeal de Souza
Miguel Colasuonno

Engineering Officer

Administration Officer

 

 

 

Flávio Decat de Moura

Ubirajara Rocha Meira

Distribution Officer

Technology Officer

João Vicente Amato Torres

Accountant

CRC-RJ-057.991/O-S-DF

CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRAS  
CONSUMERS AND RESELLERS AT DECEMBER 31, 2009 AND 2008 Exhibit I
(In thousands of reais)  

 

    PARENT COMPANY CONSOLIDATED
      12/31/2009   12/31/2008   12/31/2009   12/31/2008
    Due Overdue by
90 days
90 days + Total Total Due Overdue by
90 days
90 days + Total Total
 
AES ELETROPAULO   159,423 - - 159,423 198,574 247,914 - - 247,914 235,100
AES SUL   33,689 - - 33,689 42,083 54,905 - - 54,905 61,031
AMPLA   34,299 - - 34,299 42,836 67,008 - - 67,008 77,634
ANDE   - - - - - 58,113 - - 58,113 55,251
EBE   41,359 - - 41,359 51,608 56,460 - - 56,460 69,843
CEA   - - - - - 12,503 - 670,254 682,757 566,283
 
CEB   16,735 - - 16,735 21,149 29,957 - - 29,957 47,053
CEEE-D   29,331 - - 29,331 55,052 58,875 864 - 59,739 83,252
CELESC   71,779 - - 71,779 88,739 111,646 - - 111,646 102,242
CELG   33,296 49,945 453,147 536,387 452,374 69,783 49,945 453,147 572,874 486,232
CELPA   - - - - - 41,399 - - 41,399 43,305
CELPE   - - - - - 37,338 189 4,552 42,079 47,808
CEMAR   - - - -            
            - 27,709 - - 27,709 30,259
CEMIG   135,758 - - 135,758 168,761 216,824 - - 216,824 238,590
CESP   - - - - - 3,098 - - 3,098 2,500
COELCE   - - - - - 31,493 143 - 31,636 30,367
COELBA   - - - - - 64,495 - - 64,495 64,146
COPEL   80,104 - - 80,104 100,040 167,829 - - 167,829 180,742
 
CPFL   88,340 - - 88,340 109,835 113,897 - - 113,897 130,982
ELEKTRO   46,851 - - 46,851 58,388 89,355 - - 89,355 105,961
ENERSUL   13,249 - - 13,249 16,359 27,924 - - 27,924 29,371
ESCELSA   25,016 - - 25,016 31,374 44,365 - - 44,365 47,895
LIGHT   86,249 - - 86,249 107,251 164,389 - - 164,389 172,966
PIRATININGA   45,848 - - 45,848 57,097 53,920 - - 53,920 58,932
RGE   30,377 - - 30,377 37,616 36,858 - - 36,858 43,675
 
CCEE Trading   - - - - - 162,783 1,328 310,875 474,986 308,646
Regulatory assets   - - - - - - - 35,716 35,716 86,891
Electricity grid usage   - - - - - 288,375 1,338 1,834 291,547 364,472
PROINFA   12,317 8,311 64,035 84,663 39,530 12,317 8,311 64,035 84,663 39,530
Consumers   - - - - - 374,236 218,243 435,838 1,028,317 1,066,943
Public Authority   - - - - - 61,156 51,475 316,965 429,596 248,909
Others   51,733 - - 51,733 30,903 461,199 4,747 276,017    
                    741,963 756,382
(-) PCLD   - - - - - - - (1,893,319) (1,893,319) (1,541,736)
    1,035,751 58,256 517,182 1,611,189 1,709,569 3,248,121 336,583 675,914 4,260,618 4,341,459

 

134


Eletrobras

 

 

CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRAS

 

Exhibit II

CENTRAIS ELÉTRICAS BRASILEIRAS S.A - ELETROBRAS

FINANCINGS AND LOANS GRANTED AT DECEMBER 31, 2009 AND 2008

(In thousands of reais)

  PARENT COMPANY CONSLIDATED
    12/31/2009       12/31/2008     12/31/2009     12/31/2008  
    PRINCIPAL   PRINCIPAL     PRINCIPAL     PRINCIPAL
  CURRENT CHARGES     CURRENT CHARGES     CURRENT CHARGES     CURRENT CHARGES   -
  AVERAGE RATE VALUE CURRENT NON-
CURRENT
AVERAGE RATE VALUE CURRENT NON-
CURRENT
AVERAGE RATE VALUE CURRENT NON-
CURRENT
AVERAGE RATE VALUE CURRENT NON-
CURRENT
 
SUBSIDIARIES AND                                
JOINTLY-OWNED                                
SUBSIDIARIES                                
FURNAS 7.58% 7,246 512,610 821,835 10.00% 8,082 78,073 1,091,846 - - - - - - - -
CHESF 8.75% - 102,921 150,876 11.47% 31,575 440,873 2,988,359 - - - - - - - -
ELETROSUL 7.46% 6,389 97,681 566,020 7.56% 1,168 77,274 513,719 - - - - - - - -
ELETRONORTE 13.07% 10,235 224,254 3,223,741 13.57% 15,500 231,349 7,342,566 - - - - - - - -
ELETRONUCLEAR 11.73% 1,682 69,987 3,042,036 12.69% 2,176 64,870 2,835,655 - - - - - - - -
CGTEE 2.54% 538 62,361 719,292 6.39% 816 - 574,138 - - - - - - - -
CEAL 6.61% - - 117,409 10.49% - 140,254 589,101 - - - - - - - -
CERON 8.45% 752 - 98,859 12.57% 3,435 39,874 303,656 - - - - - - - -
CEPISA 9.39% 561 - 315,330 11.43% 1,472 53,617 396,735 - - - - - - - -
ELETROACRE 7.39% - 2,352 22,366 12.03% 984 84,663 348,331 - - - - - - - -
AMAZONAS 7.95% 2,296 - 363,337 11.02% 351 9,557 30,161 - - - - - - - -
ITAIPU 7.08% - 1,143,039 11,826,932 7.07% - 60,944 18,355,581 - - 571,519 5,913,466 - - 30,472 9,177,791
    29,700 2,215,204 21,268,033   65,559 1,281,348 35,369,848   - 571,519 5,913,466   - 30,472 9,177,791
OTHERS                                
 
CEMIG 6.22% 222 57,735 343,741 6.76% 2,457 63,022 403,565 6.22% 222 57,735 343,741 6.76% 2,457 63,022 403,565
COPEL 8.39% 14 6,126 88,512 10.21% 429 4,548 67,142 8.39% 14 6,126 88,512 8.39% 429 4,548 67,142
CEEE 8.01% 135 1,604 20,033 9.33% 172 66,693 30,085 8.01% 135 1,604 20,033 9.33% 172 66,693 30,085
DUKE 10.00% 2,049 126,593 362,530 10.00% 2,375 168,691 439,233 10.00% 2,049 126,593 362,530 10.00% 2,375 168,691 439,233
AES TIETÊ 10.00% 4,048 250,123 716,276 10.00% 4,819 224,659 982,694 10.00% 4,048 250,123 716,276 10.00% 4,819 224,659 982,694
AES ELETROPAULO 10.48% 286,780 108,062 513 10.01% 274,406 117,931 - 10.48% 286,780 108,062 513 9.30% 274,406 117,931 -
TRACTBEL 12.00% 435 32,711 10,796 12.00% 707 29,611 41,114 12.00% 435 32,711 10,796 12.00% 707 29,611 41,114
CELPE 6.00% 961 16,976 62,286 6.00% 867 17,173 77,957 6.00% 961 16,976 62,286 4.44% 867 17,173 77,957
CEMAR 5.94% - 30,225 363,860 5.09% 1,154 26,352 317,532 5.94% - 30,225 363,860 6.07% 1,154 26,352 317,532
CESP 9.36% 1,067 30,778 201,823 9.36% 1,165 28,121 235,273 9.36% 1,067 30,778 201,823 9.33% 1,165 28,121 235,273
OTHERS - 112,443 417,678 1,739,495 - 100,658 331,872 1,572,714 - 112,820 474,116 1,752,576 - 101,821 443,301 1,695,257
( - ) PCLD - (82,257) (109,975) - - (58,221) (59,454) - - (82,257) (109,975) - - (58,221) (59,454) -
    325,896 968,636 3,909,865   330,988 1,019,219 4,167,309   326,273 1,025,074 3,922,946   332,151 1,130,648 4,289,852
T O T A L   355,596 3,183,840 25,177,898   396,547 2,300,567 39,537,157   326,273 1,596,593 9,836,412   332,151 1,161,120 13,467,643

 

The long-term portion of loans and financing granted with ordinary and sector funds, including transfers maturing in invariable installments, as shown below:

  2011 2012 2013 2014 2015 After 2015 TOTAL
PARENT COMPANY 1,350,632 1,271,209 1,178,595 1,068,298 986,883 19,322,281 25,177,898
CONSOLIDATED 527,660 496,632 460,449 417,359 385,552 7,548,760 9,836,412

 

135


Eletrobras

 

 

CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRAS

 

Exhibit III

INVESTMENTS IN CONSOLIDATED COMPANIES AT DECEMBER 31, 2009

(In thousands of reais)

    12/31/2009 12/31/2008
 
    FURNAS CHESF ELETROSUL ELETRONORTE ELETRONUCLEAR ELETROPAR CGTEE ITAIPU (a) TOTAL TOTAL
 
Capital stock   6,000,000 4,539,557 1,245,042 4,177,205 3,296,032 55,769 868,721   - -
 
Advance for future capital increase   31,154 3,018,050 430,144 - - 62,285 - -    
 
Shareholders’ equity   13,540,108 15,668,189 2,721,827 10,227,327 4,381,608 118,591 367,937   - -
 
Net income (loss) for the period   (129,154) 764,387 204,872 309,213 55,107 11,352 (20,919)   - -
ELETROBRAS’ INTEREST                      
Number of shares – lots of a thousand shares                      
Common   50,618,949 40,478 42,582,421 81,250 9,612,517 8,480,196 1,126,273 - - -
Preferred   14,088,233 1,002 - - 2,687,216 - - - - -
% Interest                      
Subscribed and paid-up shares   99.54 99.45 99.71 99.03 99.80 81.61 99.94 50.00 - -
Voting capital   99.82 100.00 99.71 99.03 99.92 81.61 99.94 50.00 - -
 
BREAKDOWN OF INVESTMENTS:                      
Balances at the beginning of the year   13,587,598 12,410,121 2,253,020 6,106,975 4,311,530 45,948 349,797 116,850 39,181,839 38,957,640
Equity in the results   (128,560) 760,183 204,278 322,653 112,371 9,019 (20,907) - 1,259,036 (435,002)
Carrying Value adjustments   (12,227) (1,312) 21,803 - - - - - 8,264 -
Dividends   - (588,430) (194,064) (285,943) (109,621) (552) - - (1,178,609) (966,215)
Translation accumulated adjustments   - - - - - - - (29,790) (29,790) 28,285
Adjustments of Law No. 11638/07   - - - - - (8,438) - - (8,438) 263,161
Conversion of advance for future capital increase into capital stock -     - - - - - - - - 1,333,970
Balances at the end of the year   13,446,811 12,580,562 2,285,037 6,143,685 4,314,279 45,977 328,890 87,060 39,232,302 39,181,839

 

(a) ELETROBRAS’ interest, according to Law Decree 72707/73, is fixed and equivalent to US$ 50,000 thousand.

136


Eletrobras

 

 

CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRAS

 

Exhibit IV

FIXED ASSETS

(In thousands of reais)

  PARENT COMPANY         SUBSIDIARIES           CONSOLIDATED
  12/31/2009         12/31/2009           12/31/2009
  ELETROBRAS FURNAS CHESF ELETRONORTE ELETRONUCLEAR ELETROSUL ITAIPU CGTEE AMAZONAS CEAL CERON CEPISA ELETROACRE ELETROPAR TOTAL
Generation                              
In service - 9,118,489 17,441,789 18,145,756 6,857,869 - 13,599,174 1,858,217 2,091,206   19,528     - 69,132,028
Accumulated depreciation - (3,265,572) (7,288,164) (7,650,772) (2,233,570) -   (1,632,140) (1,062,280)   (13,452)     - (23,145,950)
  - 5,852,917 10,153,625 10,494,984 4,624,299 - 13,599,174 226,077 1,028,926 - 6,076 - - - 45,986,078
In progress - 2,231,200 282,073 214,442 2,275,295 664,646 277,745 922,218 131,152   277     - 6,999,048
  - 8,084,117 10,435,698 10,709,426 6,899,594 664,646 13,876,919 1,148,295 1,160,078 - 6,353 - - - 52,985,126
Transmission                              
In service 13,268 12,633,612 7,540,316 6,299,567 - 4,007,267 1,072,157 - -         - 31,566,186
Accumulated depreciation (1,089) (6,687,229) (3,521,437) (3,071,104) - (1,477,178) - -           - (14,758,037)
  12,180 5,946,383 4,018,879 3,228,463 - 2,530,089 1,072,157 -   - - - - - 16,808,150
In progress - 1,420,907 1,361,308 779,894 - 189,526 - -           - 3,751,635
  12,180 7,367,290 5,380,187 4,008,357 - 2,719,615 1,072,157 -   - - - - - 20,559,785
Distribution                              
In service - 1,526 - 278,844 - - - - 1,194,265 779,103 702,794 722,308 446,967 - 4,125,807
Accumulated depreciation - (714) - (71,236) - - - - (569,109) (283,385) (262,218) (311,160) (91,863) - (1,589,685)
  - 812 - 207,608 - - - - 625,156 495,718 440,576 411,149 355,104 - 2,536,122
In progress - 4 - 16,800 - - - - 391,773 111,122 84,512 142,276 77,510 - 823,997
  - 816 - 224,408 - - - - 1,016,929 606,840 525,088 553,425 432,614 - 3,360,119
Management                              
In service 51,353 213,466 1,049,407 81,593 13,934 38,386 751,115 9,178 289,228 11,426 18,453 14,321 15,817 199 2,557,876
Accumulated depreciation (32,633) (97,787) (540,725) (43,206) (7,011) (11,902) - (4,491) (199,740) (9,363) (9,864) (10,629) (10,527) (149) (978,027)
  18,720 115,679 508,682 38,387 6,923 26,484 751,115 4,687 89,488 2,063 8,589 3,692 5,290 50 1,579,849
In progress - 20,079 156,740 183,535 3,365 - 170,226 348 7,303 2,431 671 13 939 - 545,650
  18,720 135,758 665,422 221,922 10,288 26,484 921,341 5,035 96,791 4,494 9,260 3,705 6,229 50 2,125,499
 
  30,899 15,587,981 16,481,307 15,164,113 6,909,882 3,410,745 15,870,417 1,153,330 2,273,798 611,334 540,701 557,129 438,843 50 79,030,528
Concession liabilities                              
(-) Amortizations and reversals - (81,998) - 54 - - - -   3,842       - (78,102)
(-) Consumers contribution -   (3,344) (318) - - - - (24,220) (21,023) (13,246) - (3,456) - (65,607)
(-)Federal government contribution - (19,389) (108,052) (230,559) (495) - - - (183,028) (195,377) (24,093) (13,228) (172,635) - (946,856)
(-) Donations and subsidies for investments - (2,003) (43,864) (11,152) - (9,221) - - (107,811) (36,143) (4,472) (265,273) 1,147 - (478,792)
(-) Others - (9,150) (606) (25,624) (165) - - - - (5,296) (145,858) (11,254) (1,401) - (199,354)
  - (112,540) (155,866) (267,599) (660) (9,221) - - (315,059) (253,997) (187,669) (289,755) (176,345) - (1,768,711)
 
TOTAL 30,899 15,475,441 16,325,441 14,896,514 6,909,222 3.401.524 15,870,417 1,153,330 1,958,739 357,337 353,032 267,374 262,498 50 77,261,818
Average annual depreciation rate (%)                              
Generation - 2.30% 2.41% 2.56% 3.30% 0.00% 0.00% 6.12% 2.02% 0.00% 2.98% 0.00% 0.00% -  
Transmission - 3.00% 2.98% 2.76% 0.00% 3.19% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% -  
Distribution / Trading - 5.70% 0.00% 3.00% 0.00% 0.00% 0.00% 0.00% 1.06% 6.44% 4.21% 5.40% 4.09% -  
Management 7.95% 9.30% 7.18% 15.00% 10.00% 7.51% 0.00% 12.50% 1.57% 4.19% 9.25% 5.60% 5.29% -  

 

137


Eletrobras

 

 

CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRAS

 

Exhibit IVa

FIXED ASSETS
(In thousands of reais)

  PARENT COMPANY         SUBSIDIARIES             CONSOLIDATED
  12/31/2008         12/31/2008             12/31/2008
  ELETROBRAS FURNAS CHESF ELETRONORTE ELETRONUCLEAR ELETROSUL ITAIPU CGTEE AMAZONAS CEAL CERON CEPISA ELETROACRE ELETROPAR TOTAL
Generation                              
In service - 8,865,499 17,319,003 17,474,335 6,048,244 - 18,944,955 197,752 2,026,384 - 47,318 - - - 70,923,490
Accumulated depreciation - (3,064,423) (6,940,820) (7,254,557) (2,042,099) - - - (1,004,830) - (32,139) - - - (20,338,868)
  - 5,801,076 10,378,183 10,219,778 4,006,145 - 18,944,955 197,752 1,021,554 - 15,179 - - - 50,584,622
In progress - 1,474,035 195,185 482,753 2,561,143 289,774 270,616 726,860 147,757 - 1,545 - - - 6,149,668
  - 7,275,111 10,573,368 10,702,531 6,567,288 289,774 19,215,571 924,612 1,169,311 - 16,724 - - - 56,734,290
Transmission                              
In service 13,269 12,418,450 7,479,588 6,220,484 - 3,232,630 1,439,025 - - - - - - - 30,803,446
Accumulated depreciation (740) (6,336,871) (3,321,142) (2,897,953) - (1,355,168) - - - - - - - - (13,911,874)
  12,529 6,081,579 4,158,446 3,322,531 - 1,877,462 1,439,025 - - - - - - - 16,891,572
In progress - 1,263,346 1,015,348 507,751 - 149,560 - - - - - - - - 2,936,005
  12,529 7,344,925 5,173,794 3,830,282 - 2,027,022 1,439,025 -   - - - - - 19,827,577
Distribution                              
In service - 1,416 - 227,885 - - - - 1,105,448 673,588 480,320 363,518 257,754 - 3,109,929
Accumulated depreciation - (549) - (62,600) - - - - (527,136) (252,788) (212,092) (172,817) (65,738) - (1,293,720)
  - 867 - 165,285 - - - - 578,312 420,800 268,228 190,701 192,016 - 1,816,209
In progress - 79 - 99,333 - - - - 245,443 88,585 95,904 116,078 53,911 - 699,333
  - 946 - 264,618 - - - - 823,755 509,385 364,132 306,779 245,927 - 2,515,542
Management                              
In service 41,777 200,171 1,030,983 55,006 14,754 33,175 1,001,391 - 286,948 14,311 33,626 - 15,059 187 2,727,388
Accumulated depreciation (28,812) (87,704) (486,686) (24,480) (6,851) (9,947) - - (187,542) (8,583) (14,144) - (9,825) (140) (864,714)
  12,965 112,467 544,297 30,526 7,903 23,228 1,001,391 - 99,406 5,728 19,482 - 5,234 47 1,862,674
In progress - 24,016 79,326 162,735 411 - 402,292 - 1,317 399 96 - 1,248 - 671,840
  12,965 136,483 623,623 193,261 8,314 23,228 1,403,683 - 100,723 6,127 19,578 - 6,482 47 2,534,514
 
  25,494 14,757,465 16,370,785 14,990,692 6,575,602 2,340,024 22,058,279 924,612 2,093,789 515,512 400,434 306,779 252,409 47 81,611,923
Concession liabilities                              
(-) Amortizations and reversals - - - - - - - -   (418)       - (418)
(-) Consumers contribution - - (3,344) (318) - - - - (24,375) (19,258) (12,111) - (3,266) - (62,672)
(-) Federal government contribution - - (108,052) (230,256) (2,056) - - - (53,747) (150,895) (24,240) - (146,828) - (716,074)
(-) Donations and subsidies for investments - - (43,865)   - (6,815) - - (197,751) (36,143) (4,502) - - - (289,076)
(-) Others - (112,540) (606) (38,632) (189) - - - - (5,296) (114,999) - (8,747) - (281,009)
  - (112,540) (155,867) (269,206) (2,245) (6,815) - - (275,873) (212,010) (155,852) - (158,841) - (1,349,249)
 
TOTAL 25,494 14,644,925 16,214,918 14,721,486 6,573,357 2,333,209 22,058,279 924,612 1,817,916 303,502 244,582 306,779 93,568 47 80,262,674
 
Average annual depreciation rate (%)                              
Generation 0.00% 2.20% 2.41% 2.56% 3.30% 0.00% 0.00% 6.12% 2.02% 0.00% 2.98% 0.00% 0.00% -  
Transmission 0.00% 3.00% 2.98% 2.76% 0.00% 3.19% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% -  
Distribution / Trading 0.00% 5.70% 0.00% 3.00% 0.00% 0.00% 0.00% 0.00% 1.06% 6.44% 4.21% 5.40% 4.09% -  
Management 7.95% 9.30% 7.18% 15.00% 10.00% 7.51% 0.00% 12.50% 1.57% 4.19% 9.25% 5.60% 5.29% -  

 

138


Eletrobras

 

 

CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRAS

 

Exhibit V

FINANCINGS AND LOANS RECEIVED AT DECEMBER 31, 2009 AND 2008
(In thousand of reais)

  PARENT COMPANY CONSOLIDATED
  12/31/2009 12/31/2008 12/31/2009 12/31/2008
  CHARGES PRINCIPAL CHARGES PRINCIPAL CHARGES PRINCIPAL CHARGES PRINCIPAL
  CURRENT     CURRENT     CURRENT     CURRENT    
  AVERAGE RATE VALUE CURRENT NON
CURRENT
AVERAGE RATE VALUE CURRENT NON
CURRENT
AVERAGE RATE VALUE CURRENT NON
CURRENT
AVERAGE RATE VALUE CURRENT NON
CURRENT
FOREIGN CURRENCY                                
Financial Institutions                                
Inter-American Development Bank - IDB 5.32% 3,659 32,397 242,977 5.32% 5,489 43,482 369,600 5.32% 3,659 32,397 242,977 5.32% 5,489 43,482 369,600
Corporación Andino de Fomento - CAF 3.97% 22,040 - 1,205,446 4.76% 10,340 - 1,635,900 3.97% 22,040 - 1,205,446 4.76% 10,340 - 1,635,900
Kreditanstalt fur Wiederaufbau - KFW 3.87% 183 23,811 52,205 5.73% 202 31,349 95,514 3.87% 183 23,811 52,205 5.73% 376 59,698 95,514
Dresdner Bank 6.25% 775 23,810 48,458 6.25% 259 31,349 95,513 6.25% 775 23,810 48,458 6.25% 331 45,110 95,513
Eximbank 2.15% 1,654 41,288 309,651 2.15% 2,544 56,822 482,981 2.15% 1,654 41,288 309,651 2.15% 2,544 56,823 482,981
Others   15,263 1,759 749,653   2,510 2,487 585,322   15,489 3,942 761,549   3,466 19,374 502,328
    43,575 123,065 2,608,389   21,344 165,489 3,264,830   43,801 125,248 2,620,285   22,546 224,487 3,181,836
Bonds                                
Bonds - Dresdner Bank 7.75% 3,984 - 522,360 7.75% 5,347 - 701,100 7.75% 3,984 - 522,360 7.75% 5,347 - 701,100
Bonds - Credit Suisse 6.87% 59,421 - 1,741,200   - - - 6.87% 59,421 - 1,741,200        
    63,405 - 2,263,560   5,347 - 701,100   63,405 - 2,263,560   5,347 - 701,100
Others                                
Tesouro Nacional - ITAIPU   - - -   -   -   3,342 344,448 8,701,253   5,698 941,908 11,655,965
    - - -   - - -   3,342 344,448 8,701,253   5,698 941,908 11,655,965
 
    106,980 123,065 4,871,949   26,691 165,489 3,965,930   110,548 469,696 13,585,098   33,591 1,166,395 15,538,901
LOCAL CURRENCY                                
Receivable securization fund   - - -   - - -   - 71,671 -     224,977 86,930
Others   - - -   - - -   52,517 294,192 3,206,020   52,114 237,534 2,671,731
    - - -   - - -   52,517 365,863 3,206,020   52,114 462,511 2,758,661
    106,980 123,065 4,871,949   26,691 165,489 3,965,930   163,065 835,559 16,791,119   85,705 1,628,906 18,297,563

 

a) Debts are guaranteed by the federal government and/or Eletrobras.

b) The total amount due in foreign currency, including charges, corresponds to R$ 5,101,994 thousand in the parent company, equivalent to US$ 2,930,159 thousand, and in the consolidated corresponds to R$ 14,165,342 thousand, equivalent to US$8,135,390 thousand. The percentage distribution per type of currency is as follows:

  US$ EURO YEN
PARENT COMPANY 90% 3% 7%
CONSOLIDATED 96% 1% 3%

 

c) Loans and financing are subject to charges, whose average rate in 2009 was 5.65%p.a. and 2008 was 6.40 %p.a.

d) The long-term portion of loans and financing denominated in thousands of US dollars, has the following maturity:

  2011 2012 2013 2014 2015 After 2015 TOTAL
 
PARENT COMPANY 121,258 194,368 239,806 239,808 551,471 1,451,330 2,798,041
CONSOLIDATED 650,700 909,986 776,588 724,517 682,425 5,899,202 9,643,418

 

139


 
CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRAS

 

Exhibit VI

SUMMARY OF THE SUBSIDIARIES’ FINANCIAL STATEMENTS AT DECEMBER 31
(In thousands of reais)
BALANCE SHEET

  2009 2008
  ASSETS LIABILITIES ASSETS LIABILITIES
  Current Non-Current TOTAL Current Non-current Net assets TOTAL Current Non-current TOTAL Current Non-current Net assets TOTAL
    Others Fixed assets,intangible assetsand investments             Outros Imobilizado, Intangível e investimentos          
 
FURNAS 1,669,770 1,326,920 16,856.276 19,852,966 1,975,590 4,337,268 13,540,108 19,852,966 2,242,891 2,048,138 15,998,268 20,289,297 2,461,587 4,146,167 13,681,543 20,289,297
CHESF 1,806,179 339,213 16,786,960 18,932,352 1,708,819 1,555,344 15,668,189 18,932,352 2,050,322 212,570 16,497,310 18,760,202 1,924,551 4,062,501 12,773,150 18,760,202
ELETROSUL 507,780 581,710 3,591,413 4,680,903 767,891 1,191,185 2,721,827 4,680,903 753,020 958,947 2,334,767 4,046,734 637,861 1,054,724 2,354,149 4,046,734
ELETRONORTE 2,103,984 457,056 15,393,137 17,954,177 1,857,627 5,869,486 10,227,063 17,954,176 2,237,348 570,308 15,071,074 17,878,730 2,103,273 9,586,792 6,188,665 17,878,730
ELETRONUCLEAR 723,686 942,163 6,943,484 8,609,333 638,922 3,647,919 4,322,492 8,609,333 863,099 891,998 6,602,538 8,357,635 429,997 3,607,901 4,319,737 8,357,635
CGTEE 117,942 8,906 1,156,310 1,283,158 194,698 720,523 367,937 1,283,158 111,518 10,876 928,849 1,051,243 123,597 577,640 350,006 1,051,243
ELETROPAR 38,880 - 82,148 121,028 2,405 - 118,623 121,028 107,033 1 93,696 200,730 82,142 1 118,587 200,730
ITAIPU 1,126,287 883,333 15,162,242 17,171,862 1,536,497 15,548,306 87,060 17,171,862 2,226,006 3,843,996 40,811,662 46,881,664 3,474,740 43,173,224 233,700 46,881,664
 
  STATEMENTS OF OPERATIONS
  2009 2008
  Net Oper.
Revenue
Operational
Expenses
Service
Result
Other
Results
Financial
Result
Operational
Result
Income tax and
Social Cont.
Year's
Result
Net Oper.
Income
Operational
Expenses
Service
Result
Other
Results
Financial
Result
Operational
Result
Income tax
and Social Cont.
Year's
Result
FURNAS 6,073,939 (5,426,650) 647,289 (48,309) (1,062,173) (463,193) 334,039 (129,154) 5,771,647 (4,858,236) 913,411 (9,851) (318,399) 585,161 (130,643) 454,518
CHESF 4,242,613 (3,064,150) 1,178,463 4,688 (213,904) 897,102 (132,715) 764,387 4,826,300 (2,610,935) 2,215,365 (108,419) (464,979) 1,641,967 (204,676) 1,437,291
ELETROSUL 723,906 (403,771) 320,135 3,809 (32,171) 291,773 (86,901) 204,872 638,958 (328,689) 310,269 (14,701) 103,626 399,194 (130,874) 268,320
ELETRONORTE 3,433,492 (2,915,087) 518,405 488,159 (715,368) 291,196 12,745 303,941 3,854,497 (3,663,420) 191,077 (1,120,506) (1,495,129) (2,424,558) - (2,424,558)
ELETRONUCLEAR 1,572,977 1,131,535 441,442 (13,671) (348,571) 79,200 (24,093) 55,107 1,471,755 (1,085,042) 386,713 (330) (589,158) (202,775) (79,295) (282,070)
CGTEE 189,602 (283,865) (94,263) 76,261 (2,917) (20,919) - (20,919) 176,206 (378,454) (202,248) (92,190) 2,236 (292,202) - (292,202)
ELETROPAR 20,857 11,882 8,975 - 2,212 11,187 (136) 11,051 14,122 (3,818) 10,304 (12) 428 10,720 (56) 10,664
ITAIPU 3,031,663 1,505,946 1,525,718 1,829 (1,008,379) 519,168 - 519,168 8,001,428 (3,077,817) 4,923,610 1,770 (2,864,458) 2,060,922 - 2,060,922

 

Equivalence = Other results
Participation in profit - Other Results

 

 

140


SIGNATURE
 
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

Date: June 30, 2010

 
CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRÁS
By:
/SAstrogildo Fraguglia Quental

 
Astrogildo Fraguglia Quental
Financial and Investor Relations Director
 

 

 
FORWARD-LOOKING STATEMENTS

This press release may contain forward-looking statements. These statements are statements that are not historical facts, and are based on management's current view and estimates offuture economic circumstances, industry conditions, company performance and financial results. The words "anticipates", "believes", "estimates", "expects", "plans" and similar expressions, as they relate to the company, are intended to identify forward-looking statements. Statements regarding the declaration or payment of dividends, the implementation of principal operating and financing strategies and capital expenditure plans, the direction of future operations and the factors or trends affecting financial condition, liquidity or results of operations are examples of forward-looking statements. Such statements reflect the current views of management and are subject to a number of risks and uncertainties. There is no guarantee that the expected events, trends or results will actually occur. The statements are based on many assumptions and factors, including general economic and market conditions, industry conditions, and operating factors. Any changes in such assumptions or factors could cause actual results to differ materially from current expectations.