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

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Half-yearly financial report at June 30, 2013Other informationbe held on January 14, 2014. The precautionary suspension of the pervious December remainseffective until then.The company has given instruction to file an appeal with an application for cautionarysuspension before the Regional Administration Court of Milan. The cautionary suspensionwas upheld with order no. 1718/12 and at a public hearing on May 21, 2013 the RegionalAdministration Court upheld the application for deferral filed by Ecolombardia 4 S.p.A. aimedat asking for joint discussion with the appeal filed by Geofor, one of the Tuscan operatorsaudited. An order has been issued for adjournment to January 2014.Ecodeco S.r.l. (now A2A Ambiente S.r.l.) also received an inspection on its waste to energyplant and biogas plants at Corteolona on May 10-11, 2012 and July 5-6, 2012 respectively. Thefindings of the inspection team were similar to those noted at Ecolombardia 4 S.p.A. at thetime, namely that the consumption attributable to the auxiliary plant services is higher thanthat indicated in the CIP 6 convention. On June 21, 2013, Ecodeco S.r.l. (now A2A AmbienteS.r.l.) received a provision from the AEEG similar to that received by Ecolombardia 4 S.p.A.. Inparticular, the resolution adopted by the AEEG on June 6, 2013 (sent to Ecodeco S.r.l., now A2AAmbiente S.r.l., on June 21, 2013), instructs the CCSE to act against Ecodeco S.r.l. in order to“obtain the administrative recovery of the amounts unduly received”. The term for filing anappeal expires on October 4, due to the suspension of proceedings for the holiday period. Inthe same way as for Ecolombardia 4 S.p.A., the company will assess the request for asuspension of the provision, given the fact that the hearing of January 2014 will decide thematter.129It is difficult to estimate the potential liability that may arise for the Ecodeco Group. Assumingthe worst case, the request that the AEEG could make may be estimated in approximately 29.2million euro.On the basis of the technical elements that have supported the conduct of the Ecodeco Groupin identifying the auxiliary services and the other valid defensive objections of a legalcontractualnature that may be raised in the event of a dispute, the liability is considered to bepossible and the Group has therefore made no provision in this respect.Reference should therefore be made to the considerations already expressed for Amsa S.p.A.concerning the arguments in the company’s favor.Giussago bioreactorThe Municipality of Casarile (together with other municipalities) appealed against theLombardy Region and the Province of Pavia to obtain the cancellation of the integratedenvironmental authorization (AIA) and (positive) environmental impact assessment (VIA)
Half-yearly financial report at June 30, 2013Other information130measures issued by the bodies regarding the building of a bioreactor (by Ecodeco S.r.l., nowA2A Ambiente S.r.l.) for non-hazardous waste in Cascina Maggiore - Giussago (PV). The appealproposed subsequent additional reasons to extend the appeal to other acts relating to theproceedings and broaden the list of bans. The Province of Milan intervened voluntarily in thecase to support the claims of the Municipality of Casarile. Following the hearing on December5, 2011, where the application for interim relief submitted by the municipalities was alsodiscussed, ordinance no. 1818 of December 6, 2011 was initially pronounced and then Sentenceno. 67 of January 11, 2012 was published. This sentence rejected the appeal in the part directedagainst the positive VIA measure in that it was late. The Regional Administrative Court (TAR)therefore ruled that verification procedures were required to decide the portion of thechallenge raised against the AIA. The judge instructed the “Manager of the EnvironmentalAssessment Department of the Ministry for the Environment” (or “a qualified officialdelegated by such”) to carry out these procedures, presenting a conclusion “within 90 days ofthe notification or the communication by administrative means” of the sentence. EcodecoS.r.l. (now A2A Ambiente S.r.l.) appointed Prof. Adami of the Polytechnic as its advisor. Thediscussion of the appeal was set for November 20, 2012. The appraisal report was filed on July6, 2012 and in summary this confirmed that:1. the sureties are sufficient by law;2. the waste is not putrescent;3. the coverage is effective.These elements/assessments are in agreement with the position taken by Ecodeco S.r.l. (nowA2A Ambiente S.r.l.) .Following the quoted sentence of January 2012, the municipality petitioners also formulated afurther document listing additional reasons to appeal against ruling no. 155384 of November18, 2011 whereby ARPA, having verified the plant’s compliance with the prescriptions laid downin the relative authorization documents, gave its permission, pursuant to article 9 ofLegislative Decree no. 36/03, to the start of disposal operations at the bioreactor, furtherextending the thema decidendum.With the sentence filed on January 9, 2013, the Regional Administrative Court rejected thepetition filed by the Municipality of Casarile and another eight municipalities (n.r.g. 1965/10).The municipalities have filed an appeal against the sentence. Assessments are in course todecide whether to initiate litigation.On the basis of the information available to date, by virtue of the valuations of the consultantof the Ministry Ecodeco S.r.l. believes the risk of an unfavorable verdict in the judgment on themerit of the appeal to be possible and not probable and accordingly no amount has beenprovided at June 30, 2013.. An unfavorable verdict would lead to the write-down of the asset in
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Half-yearly financial Report at June 30, 2013 - A2A

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