Annual Report 2010 - Enel.com

emove the cautelarisimas adopted in respect of the SSE
Resolution.
On February 3, 2011, Endesa and the other electric companies
withdrew the appeals and petitions for precautionary
measures that they had submitted to the European
Court of Justice.
On February 10, 2011, the Resolution of the Ministry for
Industry of February 8, 2011, was published, establishing
the main parameters for application of the Resolución de
restrictiones por garantía de suministro process for 2011.
In particular, the mechanism will regard consumption of
about 10 million metric tons of domestic coal and a maximum
electricity output of 23.3 TWh. The measure also
sets out the regulated prices of the electricity produced by
each plant involved in the process.
Garoña nuclear power plant
On March 24, 2010, Nuclenor, the company that owns
the Santa Maria de Garoña nuclear power plant (50% of
which held by Endesa), formally argued the appeal filed
with the Sala de lo Contencioso-Administrativo de la Audiencia
Nacional on September 14, 2009 against Ministerial
Order 1785/09, which sets the date for termination of
operation of the nuclear power plant at July 2013. Among
other things, Nuclenor is asking that Ministerial Order
1785/09 be voided and that it be given the right to operate
the plant until at least July 6, 2019. The company
is also seeking the explicit renewal of the authorization
under the terms announced by the Spanish nuclear safety
board (Consejo de Seguridad Nuclear - CSN), namely that
operation can continue through 2019 and perhaps beyond.
Almaraz nuclear power plant
With Ministerial Order ITC/1588/2010, published on June
16, 2010, the Spanish government approved the renewal
of the operating license of the two units of the Almaraz
nuclear power plant (in which Endesa has a 36% stake).
The license takes effect as from June 8, 2010, with a term
of 10 years.
Vandellos nuclear power plant
With Ministerial Order ITC/2149/2010, published on August
5, 2010, the Spanish government approved the renewal
of the operating license of the Vandellos II nuclear
power plant (in which Endesa has a 72% stake). The license
takes effect as from July 26, 2010, with a term of
10 years.
54 Enel Annual Report 2010 Report on operations
Auction of financial contracts for Spain-Portugal
interconnection
In application of the provisions of Ministerial Order
1549/09, with a Resolution issued on May 7, 2010, the
State Secretariat for Energy established the calendar of
auctions for 2010 and the characteristics of the financial
contracts to be offered.
The first auction of 2010 (the third auction overall) was
held on June 24, 2010, and involved the offer of forward
contracts to hedge exports from Spain to Portugal for 200
MW of capacity with a time horizon of six months (2nd
Half of 2010).
The second auction of 2010 (the fourth overall) was held
on December 16 and involved the offer of forward contracts
to hedge exports from Spain to Portugal for 200
MW of capacity with a time horizon of both one year (for
2011) and six months (1st Half of 2011).
Emissions trading
In 2010, according to the best available estimate Endesa
produced emissions totaling around 23.2 million metric
tons in Spain. Allowances assigned under the national allocation
plan amounted to about 24.5 million metric tons.
“Instalaciones Eléctricas” proceeding of the Comisión
Nacional de la Competencia (CNC) of May
10, 2010
On May 10, 2010, the investigative unit of the CNC initiated
a proceeding against Endesa for possible abuse of
a dominant position in the electrical installation sector.
The alleged anti-competitive behavior involves the use
of information held in its capacity as a power distribution
company in order to develop its operations in the electrical
installation market.
On December 3, 2009 the CNC had undertaken similar
proceedings against Hidrocantábrico, E.ON-Viesgo and
Gas Natural-Unión Fenosa. The CNC has up to 18 months
from the start of the proceeding to adopt a resolution.
“Modificación condiciones contractuales” proceeding
of the Comisión Nacional de la Competencia
(CNC) of November 5, 2010
On November 5, 2010, the investigative unit of the CNC
initiated a proceeding against Endesa Energia XXI SL,
for possible anti-competitive conduct. The alleged anticompetitive
behavior involves changes in the terms and
conditions of customers’ contracts without their explicit
consent.