Commission File Number 32297

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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 if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): [ ]

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): [ ]

 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____

If "Yes" is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82-_________________

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CPFL ENERGIA S.A.

Publicly held Corporation

CNPJ 02.429.144/0001-93 - NIRE 353.001.861-33

 

MATERIAL FACT (free translation)

 

CPFL Energia S.A. (“CPFL Energia” or “Company”), in compliance with the provisions of article 157, paragraph 4 of Law No. 6,404/76 (“Corporation Law”), and Brazilian Securities Commission (“CVM”) Instruction No. 358/2002, and in addition to the Material Fact released on September 2, 2016, informs to its shareholders and to the market in general that, the Chairman of the Board of Directors received today from its shareholder Caixa de Previdência dos Funcionários do Banco do Brasil – Previ, a member of CPFL Energia’s controlling group, the letter transcribed below, informing the right of joint sale (tag along) according to the Shareholders Agreement, selling together with ESC Energia S.A. and Camargo Corrêa S.A. the totality of its stake bound to the Shareholders Agreement of the Company to State Grid Power Brazil Participações Ltda., a subsidiary of State Grid International Development Limited:

 

 

“Rio de Janeiro (RJ), September 23, 2016.

 

To

 

Murilo Cesar Lemos dos Santos Passos

Chairman of the Board of Directors

and

 

CPFL Energia S.A.

Rua Gomes de Carvalho, 1510 – 14º andar

Vila Olímpia, São Paulo/SP

CEP 04547-005

 

 

Ref: Proposal of Acquisition of Equity Interest Camargo Corrêa S.A.

 

Dear Sirs,

 

CAIXA DE PREVIDÊNCIA DOS FUNCIONÁRIOS DO BANCO DO BRASIL – PREVI, a party to the Shareholders Agreement of CPFL Energia S.A., owning 196,276,558 ordinary shares bound to the referred Agreement, representing 19.28% of the capital stock of CPFL Energia, comes, through its legal representatives, to communicate that, according to the letter sent by you, dated of 09/02/2016, which informed about the shares purchase agreement signed on September 2, 2016, between Camargo Corrêa S.A. and State Grid Brazil Power Participações Ltda (“SPA”), as well as the provisions of the clause 11.4 of the Shareholders Agreement of CPFL Energia, PREVI will exercise the right of joint sale (tag along) of all shares bound to the Shareholders Agreement and the bonus shares resulting from the referred Agreement.

 

 

We are available to you to provide any additional information that may be necessary.

 

Regards,

 

Marcus Moreira de Almeida                       Renato Proença Lopes

Investments Director                              Investments Director”

 

 

The Company will inform its shareholders and the market in general any material developments regarding the facts now reported that are informed by the parties to the transaction.

 

 

São Paulo, September 23, 2016.

 

 

Andre Dorf

Chief Executive Officer

 

 

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CPFL ENERGIA S.A.
	By:	/S/  GUSTAVO ESTRELLA
	Name: Title:	Gustavo Estrella  Chief Financial Officer and Head of Investor Relations