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BKW FMB Energy Ltd Annual Report 2003

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23 Financial instruments<br />

<strong>BKW</strong> enex AG, as a securities trader, is subject to the banking law. <strong>Energy</strong> derivatives<br />

are traded on behalf of customers and on the company’s own behalf. On the balance<br />

sheet date the list of open contracts was as follows:<br />

CHF (million) Replacement costs Contract<br />

positive negative value<br />

Futures 0.0 0.0 139.6<br />

The use of derivatives outside <strong>BKW</strong> enex AG is insignifi cant. These have therefore not<br />

been presented.<br />

24 Contingencies<br />

On 31 December <strong>2003</strong> there was CHF 53.6 million (2002: CHF 74.9 million)<br />

outstanding in Group guarantees in favour of third parties.<br />

At 31 December <strong>2003</strong> the proportionate market value of the state funds (government<br />

funds for decommissioning and disposal) was approximately CHF 21 million<br />

(2002: CHF 36 million) below the reimbursements expected from the funds. In<br />

view of the long-term maturity profi le for <strong>BKW</strong> reimbursements, this contingent<br />

liability is regarded as temporary rather than permanent. The anticipated amount of<br />

reimbursements is also dependent on infl ation.<br />

The <strong>BKW</strong> Group is involved in various legal disputes arising from normal business<br />

activities. Appropriate provisions, in our opinion, have been set aside for such<br />

eventualities.<br />

Apart from Notes 12 and 18 there are no other contingencies requiring disclosure.<br />

51

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