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Annual Report 2010 - Enel.com

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Following the hearing of February 1, 2011, the ruling of the<br />

Council of State on the appeal for revocation is pending.<br />

With Resolution VIS no. 93/09, the Authority launched a<br />

formal inquiry of a number of electricity sellers, including<br />

<strong>Enel</strong> Energia, to determine whether measures concerning<br />

the transparency of invoices had been violated.<br />

Upon <strong>com</strong>pleting the inquiry, the Authority issued Resolution<br />

VIS no. 109/10 fining <strong>Enel</strong> Energia a total of €872,000.<br />

On September 21 and 22, <strong>2010</strong>, an inspection was conducted<br />

of the <strong>com</strong>plaints and information request management<br />

system of <strong>Enel</strong> Servizio Elettrico (for the 2nd Half<br />

of 2009) approved by the Authority with Resolution VIS<br />

no. 28/10. With regard to a number of replies to <strong>com</strong>plaints<br />

(which were sample tested), the Authority found<br />

a number of irregularities, which <strong>Enel</strong> Servizio Elettrico<br />

officially protested during the inspection. On September<br />

28, <strong>2010</strong>, the Authority announced the findings of its inspection,<br />

levying a fine of about €8 million. <strong>Enel</strong> Servizio<br />

Elettrico notified the Authority that it did not accept the<br />

findings of the inspection and challenged the <strong>com</strong>munication.<br />

Subsequently, the Authority issued Resolution VIS no.<br />

143/10 approving a new inspection of <strong>Enel</strong> Servizio<br />

Elettrico in order to assess the full implementation of the<br />

Integrated Service Quality Code (TIQV) and re-examine<br />

the findings of the inspection carried out under VIS no.<br />

28/10. <strong>Enel</strong> Servizio Elettrico has also appealed that measure,<br />

with additional motivations.<br />

With Resolution VIS no. 166/10 of November 24, <strong>2010</strong>,<br />

the Authority launched a formal inquiry into <strong>Enel</strong> Servizio<br />

Elettrico to ascertain alleged violations of its telephone<br />

sales activities.<br />

With Resolution VIS no. 175/10, the Authority closed,<br />

with prescriptive actions, the fact-finding investigation<br />

launched with VIS no. 46/10 in June in order to assess the<br />

implementation of net metering.<br />

With Resolution VIS no. 176/10, the Authority also ordered<br />

the ESO, sellers and distributors to halt conduct in<br />

violation of the rights of net metering users, requiring the<br />

transmission of at least 99% of metering, ID and invoicing<br />

data for 2009 by the specified deadlines. Failure to<br />

do so would result in the automatic initiation of penalty<br />

proceedings. With Resolution ARG/elt no. 226/10, the Authority<br />

also introduced a series of simplification measures<br />

to improve the exchange of data between operators and<br />

the ESO and the calculation procedures for determining<br />

the periodic payments on account made by the ESO.<br />

Gas<br />

Integrated Code for the sale of gas<br />

In 2009 the Authority approved the Integrate Code for the<br />

sale of gas (TIVG), which set out arrangements for safeguards<br />

and the structure of rates for supply prices for end<br />

users in the natural gas market.<br />

With Resolution ARG/gas no. 64/10 the Authority postponed<br />

until September 30, 2011 the expiry of the safeguards<br />

that guaranteed the supply price established by<br />

the Authority for non-residential customers with consumption<br />

of less than 200,000 cubic meters a year who<br />

have never opted for a supplier on the free market.<br />

With Resolution ARG/gas no. 153/10, the Authority also<br />

extended for six months, until June 30, 2011, the value<br />

for the <strong>com</strong>ponent covering remuneration of retail sales<br />

(QVD), currently equal to about €43 per customer served.<br />

Rates and rate updates<br />

With Resolution ARG/gas no. 207/09 the Authority updated<br />

the supply prices for natural gas for the 1st Quarter<br />

of <strong>2010</strong>, setting a price of 69.34 eurocents/m3 , an increase<br />

of 2.8% on the previous quarter.<br />

With Resolution ARG/gas no. 42/10, the Authority updated<br />

the supply prices for natural gas for the 2nd Quarter of<br />

<strong>2010</strong>, setting a price of 71.81 eurocents/m3 , an increase of<br />

3.6% on the previous quarter.<br />

With Resolution ARG/gas no. 47/10, the Authority initiated<br />

a proceeding for the change of supply prices for<br />

natural gas for the enhanced protection service. The Authority<br />

published Resolution ARG/gas no. 89/10, with<br />

which it reduced the QE <strong>com</strong>ponent (covering raw materials<br />

provisioning costs) by 7.5% <strong>com</strong>pared with the level<br />

established using the formula previously in force, as from<br />

October <strong>2010</strong> to September 2011. In the same Resolution,<br />

the Authority also initiated a market monitoring exercise<br />

to assess possible additional measures to be taken by February<br />

2011 concerning modifications of the QE <strong>com</strong>ponent<br />

after September 2011. <strong>Enel</strong> Energia and <strong>Enel</strong> Trade<br />

appealed the measure and are awaiting for the date of<br />

the hearing to be set.<br />

With Resolution ARG/gas no. 95/10, the Authority updated<br />

the supply prices for natural gas for the 3rd Quarter of<br />

<strong>2010</strong>, setting a price of 74.13 eurocents/m3 , an increase of<br />

3.2% on the previous quarter.<br />

43

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