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

Half-yearly financial report at June 30, 2013Other informationA2A S.p.A. appointed its arbitrator within the established term of 20 days, rejecting therequests.After discussion on the appointment, and after a request for the appointment of a solearbitrator made by Pessina to the Court of Novara, the parties signed an agreementconcerning the formation of the arbitration board.The appointed arbitrators are Bruna Gabardi Vanoli, Marco Praino (designated by Pessina)and Salvatore Sanzo (designated by A2A S.p.A.); when the board is formally set up, the partieswill set out their arbitration questions.The company is represented by Attorney Zimmitti.Water derivation feesThe Lombardy Region has requested Edipower S.p.A. to pay a public water user’s fee due forderivations used for cooling the condensers at the Sermide and Turbigo thermoelectricplants, together with the payment of a fee increased as the result of regional legislation(Regional Law no. 22/2011) for the Mese unit for the use of public water for hydroelectricpurposes. The total in dispute for the Sermide and Turbigo plants (equal to the amount notpaid by the company due to the reduction by 50%) amounts to approximately 65 million eurofor 2003 to 2012; an amount of 2 million euro is in dispute for the Mese unit.139Against these requests, Edipower S.p.A. believed and continues to believe that it is entitled tomake payment on the basis of its actual withdrawals and that it may take legal action for therecognition of the right to halve the fee pursuant to article 18 of the Galli law of 1994.For this reason, Edipower S.p.A. has accrued a provision of 50% of the fee not paid to theRegion, pending the dispute in the meantime initiated before the Regional Court of PublicWaters (TRAP) at the High Court of Public Waters (TSAP) to obtain the right to halve the fee.This dispute is still pending, while the requests relating to the years 1998 to 2001 have becomestatute-barred.In further detail, by way of Sentence no. 2359/09 the TRAP established the right of EdipowerS.p.A. to a reduction of 50% in the fee. This decision was immediately challenged by theLombardy Region before the High Court of Public Waters (TSAP). By way of Sentence no.97/2011 the TSAP effectively rejected the request for halving the fee made by Edipower S.p.A.for 2003 with respect to both the Sermide and Turbigo plants; Edipower S.p.A. has appealedagainst this sentence before the Supreme Court.The Joint Divisions of the Supreme Court (by way of Sentence no. 2596 of February 5, 2013)upheld the appeal made by Edipower S.p.A. against Sentence no. 97/11 of the TSAP.