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Regulatory Assets and Liabilities
3 Months Ended
Mar. 31, 2012
REGULATORY ASSETS & LIABILITIES

18. REGULATORY LIABILITIES

In July 2011, the Brazilian energy regulator (the “Regulator”) postponed the periodic review and reset of a component of Eletropaulo's regulated tariff which determines the margin to be earned by Eletropaulo. The review and reset of this tariff component is performed every four years. The primary factor in the ongoing discussions between Eletropaulo and the Regulator that causes the estimate to be sensitive to change is the regulatory asset base which will be used by the Regulator to determine the return included in the revised tariff. From July 2011 through March 2012, Eletropaulo continued to invoice customers under the existing tariff rate, as required by the Regulator. Management believes that it is probable that the new tariff rate will be lower than the existing tariff rate, resulting in future refunds to customers. Accordingly, since the third quarter of 2011, Eletropaulo has been recognizing a regulatory liability for such future refunds and updating this estimate as the periodic review and tariff reset process has progressed with the Regulator. As of March 31, 2012, Eletropaulo recognized a regulatory liability of $352 million. This includes a cumulative increase of $29 million relating to the estimated regulatory liability recognized in the second half of 2011 based on the new information available in the first quarter of 2012. It is at least reasonably possible that future events confirming the final amount of the regulatory liability or a change in the estimated amount of the liability will occur in the near term and the final amount of the regulatory liability may differ from the estimated amount recognized as of March 31, 2012.