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19919510 COMMON SHARES EDP – Energias do Brasil SA

19919510 COMMON SHARES EDP – Energias do Brasil SA

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If we are unable to successfully control electricity losses, our results of operations and our financial<br />

condition could be adversely affected.<br />

We experience two types of electricity losses in our activities: technical losses and commercial losses.<br />

Technical losses are inherent to the transmission and distribution of electricity, as a portion of the electricity<br />

we distribute inevitably dissipates in the course of transmission. Commercial losses result from illegal<br />

connections, theft, fraud, faulty metering and billing errors. In 2010, 2009 and 2008, our total electricity loss<br />

(technical and commercial combined) as a percentage of total required electricity at <strong>EDP</strong> Bandeirante was<br />

11.1%, 11.2% and 10.7%, respectively, and at <strong>EDP</strong> Escelsa was 14%, 15.5% and 13.9% respectively. In<br />

addition, future governmental actions in response to any energy shortage, such as the imposition of limits to<br />

energy consumption implemented through the rationing program in 2001, may result in increased energy<br />

losses, because more consumers try to evade restrictions through illegal connections, theft and fraud, as<br />

occurred during the rationing program in 2001. A portion of our electricity losses may not be passed on to<br />

consumers through tariff increases, and we cannot assure you that increases in electricity losses will not<br />

adversely affect our financial condition and results of operation.<br />

We are strictly liable for any damages resulting from inadequate supply of electricity to distribution<br />

companies, and our contracted insurance policies may not fully cover these damages.<br />

Under Brazilian law, as a condition of rendering public services, we are strictly liable for direct and<br />

indirect damages resulting from the inadequate rendering of electricity distribution services, such as (i) losses<br />

and damages caused to third parties regarding the operation failure, which may cause forced unavailability,<br />

interruptions or disturbances arising from distribution or transmission systems or (ii) interruptions or<br />

disturbances that may not arise from a specific agent.<br />

Accordingly, we may also be held liable for such damages in case of gross negligence or willful<br />

misconduct. Liabilities resulting from such interruptions or disturbances which are not covered by our<br />

insurance policies or which exceed coverage limits may result in significant additional costs and have an<br />

adverse effect on our financial condition and our operating results.<br />

The need for indemnification in the case of the damages set out in (ii) above and the identification of the<br />

cause of the damage is made by the National Electricity System Operator and ratified by ANEEL. The final<br />

appraisal of the National Electricity System Operator could adversely affect the performance of our<br />

businesses, our results of operations and our financial condition.<br />

Our insurance coverage may be insufficient to cover potential losses.<br />

For our active companies, we maintain insurance policies for losses resulting from fire, water damage,<br />

machinery break<strong>do</strong>wn and power outage and interruption in our various substations, buildings and facilities<br />

and for material damage incurred as a result of transportation accidents. We also have liability insurance<br />

covering material damages, bodily injury and pain and suffering incurred by third parties. For our projects<br />

under construction, the construction companies purchase engineering risk insurance. Our insurance policies<br />

may not be sufficient to fully cover all liabilities that may arise in the course of our business. Moreover, we<br />

may not be able to obtain insurance on comparable terms in the future. Our results of operations may be<br />

adversely affected if we become liable for damages resulting from accidents that are not fully covered by our<br />

insurance policies.<br />

We may incur more obligations related to pension funds than we currently estimate and, as a result, we<br />

may be forced to make additional contributions to the pension plans of our employees.<br />

As of March 31, 2011, the present value of our actuarial obligations, as updated from the base date of<br />

December 31, 2010, net of negative asset fair value, of our defined pension plans were at <strong>EDP</strong> Bandeirante a<br />

deficit of R$109.5 million and at <strong>EDP</strong> Escelsa a positive result of R$95.8 million.<br />

However, if the actuarial assumptions we a<strong>do</strong>pted are incorrect, or in the event of a reduction in interest<br />

rates for a long period of time, a reduction in the market value of securities held by the plans or other<br />

adversities, the actuarial deficit of our plans may increase, affecting, therefore, provisions and increasing the<br />

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