Half-yearly financial Report at June 30, 2013 - A2A

Half-yearly financial report at June 30, 2013Other informationdelivered into the grid. The two Tuscan companies (Geofor, A.AM.P.S.) subject to theprovision filed an appeal against this with the Lombardy Regional Administrative Court (TAR),obtaining a suspension. A hearing is planned to be held in the first few months of 2014 forthese companies and the companies of the Ecolombardia 4 S.p.A. Group.Amsa S.p.A. (now A2A Ambiente S.r.l.)In the CIP 6 convention entered into by Amsa S.p.A. electricity consumption for auxiliary plantservices is set at 5% of gross output (of the actual energy generated). It is also worth notingthat the convention also provides that this value “can be replaced by a new value to becalculated on the basis of jointly defined technical inspections”.Amsa S.p.A. received an inspection from the Electricity Sector Equalization Fund (CCSE) onDecember 19, 2006. The visit led to a note issued by the CCSE (September 19, 2007) accordingto which the electricity produced by the plant and consumed by auxiliary plant services ishigher than the flat rate indicated in the convention, having been found to reach between 16%and 23%. To date the AEEG, which also received the CCSE note, has not taken any particularposition regarding Amsa S.p.A..127Although the CCSE inspection was known for some time, the possibility that this could createpotential liabilities only emerged when it was learnt that the AEEG had taken measures againstthe above-mentioned Tuscan companies.Should Amsa S.p.A. be the subject of AEEG measures similar to those taken against the abovementionedcompanies the potential liability that may result for Amsa S.p.A would be difficultto estimate. Assuming the worst case, the estimated liability could amount to approximately39.5 million euro. As the company has not yet received from the GSE any dispute noticesregarding the auxiliary plant consumption it believes that it has valid reasons in its favor and inthis respect provides the following summarized considerations:• Given the specific nature and features of the waste treatment plants, the company and thebusiness associations agreed that a definition of auxiliary service was needed to takeaccount of this specific nature of the waste treatment plants, which unlike other plants arenot designed and built with the sole purpose of producing electricity but are the result oflocal planning which has the objective of ensuring that the integrated waste cycle isproperly managed through the incorporation of current national and community law. Inthese plants the production of electricity is considered a secondary activity and as aconsequence this specification must be taken into account in determining auxiliaryservices;• the company’s position is that reference legislation must only affect future construction,safeguarding the positions of existing initiatives for which specific conventions were