ARTICLE 15 (Concessionaire’s Lien)
01 The concessionaire is subject to put available both movable and immovable property to the business activity, which are not part of the concession, nonetheless, they are own property and necessary for a good management and exploration of the assigned service, despite the fact that they are not part of the supply of electric energy, namely motor vehicles, materials, implements, raw material stocks, consumables and equipment of measurement and counting.
ARTICLE 16 (Specific Concessionaire’s Duties)
01 The Concessionaire is especially bound to, among other duties:
- (I) explore the concession according to the standards of a sensible and reasonable operator, seeking to carry out their duties with good faith and a very good level of expertise. Diligence and prudence and anticipation which is expected from an experienced operator and expert with sufficient financial means and in accomplishment of existing laws, regulations, concession contract and network code in place. (II)any reference to the standard of a sensible and reasonable operator shall be deemed a reference to the level of expertise, diligence, prudence and anticipation described herein.
- to provide the necessary maintenance of all goods put available to the concession up to the end;
- pay the due compensation of the rights or expropriated goods and inform thirty days prior, the bearer of such rights or goods, about the commencement of the deforestation, pruning, cutting down of trees and bushes and land removal activities;
- ultimately, abstain from all retrenchment or limitation of the property right;
- restore the water used in the supply of the electric energy to the purity condition, temperature and initial salubriousness according to the data recorded at the time of its collection;
- reopen the communication channels and the interrupted, reduced or diverted circuits due to the construction, maintenance, improvement and repair works of electric installations;
- accomplish, in the applicable part, the legislation on water and fishing and its regulations;
- accomplish the relevant legislation on environmental issues;
- grant Access to persons or entities duly identified from the supervisory ministry, for supervision purposes of the installations, equipments, book-keeping and any other documents relevant to the activity to which the concession was granted;
- Provide data and information deemed relevant for the control of the concessionaire’s activity under the concession assigned and periodically requested by the supervisory ministry.
02 The Concessionaire is also bound to render services of electric energy supply in order to better serve the consumers’ interest and needs and hence contribute for the social and economic development of the country.
03 As obrigações enunciadas nos números antecedentes, bem como as demais obrigações específicas que devem recair sobre o concessionário são objecto de regulamentação.
03 The responsibilities stated in the previous numbers, as well as the further specific duties which must fall upon the concessionaire are object of regulation.
ARTICLE 17 (Duty of supply electric power)
01 The concessionaire shall, under the provisions set in the concession, supply electric power within their Concession Area to all candidates to consumers who show condition to ensure payment of their consumption and the costs of installations, branch-line or derivations, as well as the necessary extension or reinforcement works.
02 In the case of refusal, reduction or unjustified delay in the supply of electric energy to a candidate or consumer, the latter may appeal to the CNELEC or any other competent entity who shall decide as whether the concessionaire must provide the supply or not, and ultimately deciding the conditions under which such supply shall take place.
03 The consumers of electric energy within a concession area may be supplied electric energy by another concessionaire.
04 The concessionaire must co-operate in the co-ordination and articulation with other suppliers of electric energy in relation to national and regional plans of electric power supply.
ARTICLE 18 (Regularity in supply)
01 The concessionaire must ensure rendering a regular service of electric power supply and of good quality, in order to avoid damages and downfall to business activities and consumers’ electric equipments/implements.
02 The service rendered may be suspended or interrupted momentarily and partially for the concessionaire to guarantee the maintenance or repair of the facilities and equipments and carry out refurbishing works.
03 The concessionaire is bound to reduce to the lowest possible the amount and length of interruptions, as well as to have them at moments and hours during which the interruptions are likely to cause the least trouble possible to the client.
04 The concessionaire must, through prior public notice, inform the consumers about the dates and hours of such interruptions.
05 If any unexpected circumstances and out of control occur and call for urgent intervention, the concessionaire may exceptionally take immediate measures deemed necessary for the conservation and/or the repair of installations or equipments, including the suspension of rendering the service granted.
ARTICLE 19 (Reducing or terminating the supply)
The concessionaire shall not reduce or terminate the electric energy supply, except if:
A – the consumer is declared to be insolvent or bankrupt, subject to the terms and procedures of applicable law;
B – the consumer does not pay punctually the agreed charges;
C - o consumidor não cumprir com as condições estabelecidas e, tendo sido avisado por escrito pelo concessionário, do incumprimento verificado não puser termo a esse incumprimento no prazo de trinta dias após a recepção do aviso;
C – the consumer does not accomplish the conditions established and, after a notification in writing by the concessionaire, on the non-fulfilment of the issue in question and not terminate such issue within thirty days after receiving the notice;
D – there is case of force majeure, under the provisions of this Law.
