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

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Half-yearly financial report at June 30, 2013Other informationb) for water derivations with a flow exceeding thirty modules (3,000 liters/second) deployedfor industrial use, including the cooling of thermoelectric plants, the fee shall be34,000.00 euro per module of water;c) for derivations relating to the use of water as per article 3 and to the circumstances as perparagraph 10 of article 34 of Regional Regulation no. 2 of March 24, 2006 (Regulations forthe use of surface and underground waters, the use of waters for domestic purposes,water saving and the reuse of water in implementation of paragraph 1c) of article 52 ofRegional Law no. 26 of December 12, 2003), the unit fees effective in 2011 shall be increasedby 1.5%, not being one of the cases envisaged by subparagraphs a) and b)”.This regional law notes that the above-mentioned increase in fees “shall also be applied toexisting concessionary relationships and users, including the cases of temporary continuationof the use of the plant as per paragraph 4 of article 53-bis of Regional Law no. 26 of December12, 2003 (Regulations for local services of general economic interest. Rules on themanagement of waste, of energy, of the use of the subsoil and of water resources), bydetermining the automatic adjustment of the fee in the corresponding measure”.As a consequence, by way of Decree no. 12929 of December 29, 2011 the Lombardy Regionestablished:1. two different tariffs for hydroelectric use:• small derivations fee: 14.90 €/KW; (annual tariff 2011 = 14.68 €/KW);• large derivations fee: 30.00 €/KW (annual tariff 2011 = 14.68 €/KW);2. two different tariffs for industrial use:• fee for users with a flow < 3 m3/s: 16,866.29 €/module;• fee for users with a flow > 3 m3/s: 34,000 €/module (annual tariff 2011 = 16,617.03€/module).141By way of Manager’s Decree no. 11293 of December 4, 2012, the region updated and publishedthe amounts due for 2013 as public water.As a result, for industrial use, with respect to the Sermide plant the regional administration hasrequested the payment of a fee for the use of public water for 2012 in accordance with the newcriteria for calculating the fees as specified by Regional Law no. 22 of December 28, 2011; thetotal amount requested has been established in 8,500 thousand euro, being 34,000euro/module for 250 modules, as provided by Manager’s Decree no. 12929 of December 29,2011. On the other hand with respect to the Turbigo plant the total amount requested has beenestablished as 13,770 thousand euro, being 34,000 euro/modulo for 405 modules, as providedby Manager’s Decree no. 12929 of December 29, 2011.For hydroelectric use, with respect to the Mese - Chiavenna unit the regional administrationhas requested the payment of a fee for the use of public water for 2012 in accordance with the
Half-yearly financial report at June 30, 2013Other informationnew criteria for calculating the fees as specified by Regional Law no. 22 of December 28, 2011;the total amount requested has been established in approximately 690 thousand euro, being30 €/KW for 22,943.73 KW, as provided by Manager’s Decree no. 12929 of 2011. In a similar way,the total amount requested for the Mese - Gravedona unit for 2012 has been established by theRegion in approximately 220 thousand euro, being 30 €/KW for 7,290.14 KW, while for the Mese- Asta Liro unit the total amount requested has been established in approximately 3,115thousand euro, being 30 €/KW for 103,821.60 KW.An appeal will be made against all the above regional regulations before the Milan TRAP toascertain whether there is the right to have the amount due halved, and at the same time arequest will be made to the TRAP to raise a question of the constitutional legitimacy ofRegional Law no. 22/2011 before the Constitutional Court.Similar requests have been received, again for hydroelectric use, relating to 2013.142In further detail, the total amount requested for the Mese - Chiavenna plant wasapproximately 690 thousand euro, being 30 €/KW for 22,943.73 KW; for the Mese - Gravedonaplant the total amount requested has been established as approximately 220 thousand euro,being 30 €/KW for 7,290.14 KW; for the Mese - Asta Liro plant the total amount requested hasbeen established as approximately 3,160 thousand euro, being 30 €/KW for 103,821.6 KW.An appeal will be made against all the above regional regulations before the Milan TRAP toobtain the right to pay the fee by only considering the increase arising from the plannedinflation rate compared to the previous year and the resulting right to pay only 50% of theamount requested by the Region. At the same time a request will be made to the TRAP to raisea question of the constitutional legitimacy of Regional Law no. 22/2011 before theConstitutional Court.Regarding the hydroelectric plants, before Lombardy Regional Law no. 22/2011 becameeffective, between the end of 2008 and the first few days of 2009 certain notifications arrivedfrom the Region of Lombardy demanding the payment of fees for the use of public waterallegedly not paid for hydroelectric plants situated in the regional territory. All thesenotifications have been challenged. Following this the Region acknowledged that EdipowerS.p.A.’s assertions were grounded in 23 out of 28 disputes and accordingly cancelled therelative payment notices. In December 2009, the Region of Lombardy served three otherpayment injunctions, of which two have been appealed against before the TRAP wherejudgment is pending, while one has been revoked by the Region on the basis of the company’sdefense arguments.Between October and December 2010 the Region of Lombardy served seven notices (sixassessment notices and one injunction) for the alleged failure to pay the fee and the
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Half-yearly financial Report at June 30, 2013 - A2A

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