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

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Half-yearly financial report at June 30, 2013Other informationadditional regional tax, five of which have been cancelled by the Region on the basis oftimely objections. Appeals have been made against the other notices. The amount indispute is 0.3 million euro.By way of a payment notice served on November 25, 2011, Equitalia (on behalf of the Region ofLombardy) demanded Edipower S.p.A. to pay the sum of 26,742 thousand euro. In truth, sincea large part of these assessments arose from payment/assessment notice injunctions(referring to derivation fees) which the Region had already revoked, while in other cases theamount had already been paid to the Region, on an application for internal revocation made byEdipower S.p.A. the Region partially provided relief on the payment notice (with the exceptionof the injunction relating to the assessment notice for additional regional tax, for 2005, for anamount of 798 thousand euro: an appeal against this injunction has been filed with the TaxCommission for the part of the payment notice relating to taxes and with the TRAP for the partrelating to the fees); by way of an order dated May 15, 2013, the TRAP upheld the appeal for thepart of the payment notice relating to the fees (the reasons have yet to be filed), ordering theRegion of Lombardy to pay legal expenses of 5 thousand euro.In three separate sentences the Venice TRAP rejected the appeals raised by Edipower S.p.A. toascertain the correct identification of the date from which the amount of the hydroelectric feesurcharges should be updated, after the disapplication of the pertinent ministerial decrees.More specifically, by way of Sentence no. 577 of March 1, 2012 (revision of the fee surcharges duefrom 2004 to 2009) the TRAP ordered Edipower S.p.A. to pay 132 thousand euro to theConsortium set up between the municipalities of the mountain catchment basin (BIM) ofLivenza Pordenone, plus legal interest, as well as to pay 3 thousand euro to the Ministry for theEnvironment and 5 thousand euro to the above Consortium as compensation for legal expenses;by way of Sentence no. 580 of March 1, 2012 (revision of the fee surcharges due from 2004 to2009) the TRAP ordered Edipower S.p.A. to pay 3 thousand euro to the State Property Office ascompensation for legal expenses; by way of Sentence no. 959 of April 17, 2012 (revision of the feesurcharges due from 2004 to 2009) the TRAP ordered Edipower S.p.A. to pay a total of 13thousand euro to the Tagliamento BIM, the National Federation of BIM Consortia and theMinistry for the Environment and the Protection of the Land and Sea as compensation for legalexpenses. Appeals have been filed against these sentences before the competent TSAP of Rome.143On April 2, 2013, Equitalia (on behalf of the Region of Lombardy) served a payment notice onEdipower S.p.A. regarding the regional surcharge for 2007 for the Sermide and Turbigo plantsfor a total of 724 thousand euro (of which 277 thousand euro for the Sermide plant and 447thousand euro for the Turbigo plant). The amounts requested include the portions not paid byEdipower S.p.A. relating to the halving and difference in modules due to the different unit ofmeasure for the modules (industrial modules/100 l/s modules). The regional payment notice
Half-yearly financial report at June 30, 2013Other informationwas firstly suspended for precautionary reasons by the Region by way of a measure dated April17, 2013, and in any case a timely appeal against the demand has been filed before thecompetent tax commission.In establishing the amount to be provided in the provision for risks and charges of EdipowerS.p.A., account was taken of the expected costs that may derive from litigation and any otherdisputes arising at the company’s expense emerging during the period and a revision of theestimates of positions arising in previous periods, including those relating to Eurogen S.p.A.(which was merged into Edipower S.p.A. with effect from December 1, 2002), after also takinginto consideration the warranties provided by Enel S.p.A. as part of the agreement for thepurchase of Eurogen S.p.A. signed by Edipower S.p.A. and Enel S.p.A. on March 27, 2002.Reference is made in particular to the dispute with the Ministry of Public Works/Ministry ofFinance and the State Property Office of Bergamo in respect of the payment request ofAugust 25, 2000 for 30,683,082,000 lire as water fees. These warranties remain confirmedalso after the transaction between Edipower S.p.A. and Enel S.p.A. completed in 2006.144Brindisi bunkerThe investigations that led to the sequestration of the Brindisi bunker (owned by Enel) havebeen formally closed; the head of the Brindisi power station has been sent for trial amongstothers. Having civil responsibility, Edipower S.p.A. has been implicated in the relative courtcase by the parties instituting the action. A release notice for the seized areas was notified onMay 13, 2010 as part of the criminal proceeding. In a ruling of March 8, 2013, the courtacquitted Edipower S.p.A.’s power station head for the offence with which he was charged“because there is no case to answer”.San Filippo del Mela appraisal enquiryBy way of a provision dated May 8, 2005, the Public Prosecutor of Barcellona Pozzo di Gottoordered Edipower S.p.A. representatives for the San Filippo del Mela plant to appear at the planton March 11, 2005 to carry out an appraisal in the presence of the court experts appointed by thePublic Prosecutor for the purpose of performing tests on the emission outflows and inflowsarising from the company’s activity (and that of the local refinery), on their nature andharmfulness, on any effects of the pollutants on the soil, on agriculture and on health and on anymeasures needed to take the emissions to within the limits of normal tolerance. Appraisalenquiries began on that date and as of today have been completed, although they are stillcovered by secrecy regulations. The proceeding has been initiated against unknown persons.There are no other elements (suspected criminal offences, statements reported, etc.). In thepresent situation it appears improbable that a liability will arise.
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Half-yearly financial Report at June 30, 2013 - A2A

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