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

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Half-yearly financial report at June 30, 2013Other informationA2A S.p.A., the owner of the production site, ordered the precautionary suspension of theemployee concerned and a freezing of the payments of the invoices issued by the biomasssuppliers, which, to its knowledge, are involved in the investigations.The investigation initiated by the Trieste Judicial Authority has not yet been completed andtherefore the information needed to determine the effect of any illegal conduct has not yetbeen made available. Nevertheless the A2A Group, and in particular A2A Trading S.r.l. mayincur damages, at their sole expense, arising from the qualitative and quantitative differencesin the biomasses, since there is the risk for the latter, as toller and in charge of the plant’sdispatch, that on completion of the preliminary stage it may incur increased costs for thebiomasses not delivered and increased costs for incorrectly stating the calorific value of thebiomasses, delivered and not delivered.To this should be added that the increased use of coal instead of biomasses could as aconsequence have an increase in the environmental costs relating to the second half of 2009and the whole of 2010, as well the need to reimburse the additional income or environmentalallowances recognized with respect to the real income or allowances (reference here is toGreen Certificates). In fact for 2009 and 2010 the company may have filed declarationsgenerating environmental allowances that are greater than those actually produced, as thecalculation may have been affected by considering a biomass energy to conventional sourceenergy ratio that is mistakenly higher than the real figure.133If this were the case, the company would have to file corrections to the above-mentioned pastdeclarations and reimburse the income relating to environmental allowances that may haveadditionally been recognized.Further, in accordance with the procedures and modalities required, A2A Trading S.r.l. hasfiled a request with the GSE to obtain Green Certificates relating to 2011 in which thecalculation has been made on the basis of the real quantities of biomasses delivered to thepower station and, in agreement with the Public Prosecutor, by taking into account a possiblefalse increase of 20% in the calorific values of such. Despite the fact that the GSE hasacknowledged the correctness of the calculations made by A2A Trading S.r.l. for 2011, as oftoday the above-mentioned 2011 Green Certificates have not yet been issued.As things currently stand, given that the investigations have not yet been completed and thatthere is still insufficient information relating to the illegal conduct, it is impossible to estimatethe potential liability.In conclusion, as the aggrieved party the A2A Group will protect its interests in all theappropriate places, requesting compensation for any damages it may have suffered.
Half-yearly financial report at June 30, 2013Other informationASM Novara S.p.A. disputeRegional Administrative Court of Piedmont 79/2010 EdilCastello S.r.l. and Errevi S.r.l.vs. the Province of Novara toward Asm Novara S.p.A., A2A S.p.A. and PessinaCostruzioni134EdilCastello S.r.l. and Errevi S.r.l. - as the companies owning real estate property located in theimmediate vicinity of the area intended for locating the plant of the heating project of the cityof Novara - have filed appeal against: a) Ruling no. 4213 of November 9, 2010, with which theProvince of Novara expressed a positive opinion on the compatibility of the plan to build thedistrict heating plant; b) Resolution no. 326 dated August 1, 2005 of the Municipal Council ofNovara, declaring the public interest of the proposed project; c) Ruling no. 17 of July 13, 2006of the Urban Mobility Service of the Municipality of Novara, awarding the license to build andoperate the district heating plant. The awarding process was found to be flawed due tosubjective errors of the contractors and the opinion of environmental compatibility waserroneous due to the lack of preliminary study since it did not account for the plant’sresidential location as a result of the previously approved building recovery process, with thefailure to evaluate the public and private interest of all parties.On January 21, 2010, the Regional Administrative Court issued Order no. 5 in which it enjoinedthe Province to file the municipal records subject to appeal. After the Province fulfilled thepreliminary obligation, no other actions were posed.The shareholders have not entered an appearance and the company is represented byAttorney B. Savorelli.Court of Ferrara general docket 3707/2012 in opposition to injunction no. 930/12general docket 2300/12On June 27-28, 2012, the Court of Ferrara issued injunction no. 930/12 in which it enjoined ASMNovara S.p.A. to pay INCICO S.p.A. (an engineering company hired to handle design work) anamount of 44,673.20 euro plus interest and charges for 2,590 euro. Notice of the injunctionwas served on ASM Novara S.p.A. on July 24, 2012; in turn, the company served timely notice ofthe summons in opposition, within the prescribed terms, to seek dismissal of the injunctiondue to the absence of jurisdiction of the Court of Ferrara, by virtue of the exclusive jurisdictionof the Court of Milan as per the contract, and the statement of inadmissibility of the petitionfor injunction. The amount of the receivable held by INCICO S.p.A. is equal to the last paymentinstallment set forth by contract. However, the contract stipulates that full payment iscontingent on approval of the working plan by the Municipality of Novara, an event that hasnot yet occurred.
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IndipendentAuditor’s report
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Half-yearly financial Report at June 30, 2013 - A2A

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