AMENDMENT6/POTENCY RESERVE & POWER SUPPLY CONTRACT



 




1Exhibit 10.15



	 	 
	 	ADDENDUM No. 06 TO THE CONTRACT OF POTENCY RESERVE
AND SUPPLY OF ELECTRIC POWER, ENTERED ON
06/02/1998, BY AND BETWEEN CHESF AND TRIKEM S/A.







COMPANHIA HIDRO ELÉTRICA DO SÃO FRANCISCO, operator of electric power public
services, established in the City of Recife, State of Pernambuco, at Rua
Delmiro Gouveia number 333, District of Bongi, enrolled in the Taxpayers’
General Registry of the Ministry of Finance under number 33 541 368/0001-16 and
in the Fiscal Registry of the State of Pernambuco under number 18 1 001
0005584-6, hereinafter referred to as CHESF, and TRIKEM S/A, with its
industrial facilities in the Municipality of Maceió, State of Alagoas, enrolled
in the Taxpayers’ General Registry of the Ministry of Finance under number 13
558 226/0013-98 and in the Fiscal Registry of the State of Alagoas under number
240 07111-5, hereinafter referred to as CONSUMER, the parties being represented
by their Directors who signed “in-fine”, have mutually adjusted this ADDENDUM
No. 06 TO THE CONTRACT OF POTENCY RESERVE AND SUPPLY OF ELECTRIC POWER, entered
by and between the parties, which will be governed by the following clauses and
conditions:




I - SUBJECT MATTER



1st Clause - The subject matter of this instrument is to set forth the amount
of electric energy contracted between CHESF and the CONSUMER, as established by
Resolutions Nos. 8 and 13 of the Board for Management of the Electric Energy
Crisis - GCE.



§ 1st - The amount of electric power contracted between the PARTIES will be
equal to the target established pursuant to the above mentioned Resolutions, AS
SET FORTH IN Enclosure I.



§ 2nd - The consumption target might be revised if the CONSUMER acquires or
sells the Certificates referred to in item IV of this instrument.



§ 3rd - CHESF will communicate monthly, by fax or another safe electronic
means, the respective consumption target established under the terms of
paragraph 2nd in this clause.




II - BILLING AND PRICE



2nd Clause - The amount of electric power established in this addendum will be
billed by CHESF, monthly, applying the supply tariffs in force.



§ 1st - To the monthly consumption verified during peak hours will be applied
the respective supply tariff.



§ 2nd - The difference between the amount of energy contracted set forth in the
1st clause, and the monthly consumption verified during peak hours, will be
charged at the supply tariff defined for the out of peak hours’ segment.



§ 3rd - If the monthly consumption exceeds the established targets, adjusted
according to the requisites included in Resolution No. 13 of the Board for
Management of the Electric Energy Crisis - GCE, the monthly consumption’s
portion in excess will be billed by CHESF at the MAE price.




III - TARGET’ S SURPLUS REDUCTION



3rd Clause - The CONSUMER might sell its target’s surplus reduction, observing
the provisions in the 1st Clause, by bilateral operations or at auctions
promoted by the MAE, which will be made available according to the provisions
contained in Resolution GCE No. 13.



Sole paragraph - Target’s surplus reduction means the amount of energy, in KWh,
equivalent to the consumption expectation or to the consumption verified at a
lower level than the target for




 









 







the respective month.




IV- CERTIFICATES



4th Clause - For the sale of the target’s surplus reduction, the CONSUMER will
receive a certificate of right of utilization of target’s reduction, to be
issued by CHESF.



§ 1th - Certificate of right of utilization of target’s reduction means the
document prepared by CHESF, under the terms of Resolution GCE No. 13,
certifying the amount of electric energy, in KWh, equivalent to the consumption
expectation or to the consumption verified at a lower level than the target for
the respective month.



§ 2th - The CONSUMER might sell its surplus energy or purchase surplus energy
from third parties, upon presentation of the respective Certificates,
certifying the availability of the energy traded.




V - EFFECTIVENESS



5th Clause - The conditions set forth in this ADDENDUM will be in force during
the period from 06/01/2001 through 11/30/2001.



Sole paragraph - Upon the end of the Emergency Program for Reduction in the
Consumption of Electric Energy, and consequently, the expiration of this
instrument, the CONTRACT OF POTENCY RESERVE AND SUPPLY OF ELECTRIC POWER will
be restored to its original conditions, plus those set forth in the addenda
preceding this one.




VI - GENERAL PROVISIONS



6th Clause - The other clauses contained in the CONTRACT OF POTENCY RESERVE AND
SUPPLY OF ELECTRIC POWER, appended hereby, which are not conflicting with this
ADDENDUM, are confirmed hereby and remain in force.



And being thus adjusted and agreed, the PARTIES sign this ADDENDUM on 03 (three
copies) of equal content and configuration, in the presence of the witnesses
indicated.



Recife - PE, June 28, 2001.




COMPANHIA HIDRO ELÉTRICA DO SÃO FRANCISCO - CHESF




	 	 	 
	


	 	

	(Signed by)

	 	(Signed by)
	Mozart de Siqueira Campos Araujo,

	 	Paulo de Tarso da Costa,
	Director President

	 	Operations Director
	 
	 	 
	

	 	TRIKEM S/A.
	 
	 	 
	


	 	

	(illegible signature)

	 	(illegible signature)
	Name: Osvaldo Urdaniz Deiro

	 	Name: Ricardo de Maya Gomes Simões
	Position: Director

	 	Position: Responsible for Electric Energy







WITNESSES:





 









 








	 	 	 
	


	 	

	(Signed by:)

Name: Isabel Cristina Tessarotto

CPF: 125 438 498-74

	 	(no signature)

João Henrique de Araújo Franklin Neto

CPF: 192 420 694-34







 









 






TABLE OF CONTRACTED ENERGY - ENCLOSURE I



Enclosure to Addendum No. 06 to the Contract of Potency Reserve and Supply of
Electric Power, executed by and between CHESF and TRIKEM on June 28, 2001.




	 	 	 	 	 	 	 
	PERIOD OF SUPPLY
	 	MONTHLY

	Item
	 	Month/Year
	 	(Values in kWh)

	01

	 	June
	 	 	88,977,960	 
	02

	 	July
	 	 	91,943,892	 
	03

	 	August
	 	 	91,943,892	 
	04

	 	September
	 	 	88,977,960	 
	05

	 	October
	 	 	91,943,892	 
	06

	 	November
	 	 	88,977,960