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Annual Report 2010 - Enel.com

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Operation of the Mercado de Corto Plazo (MCP)<br />

The draft Supreme Decree introducing amendments to<br />

the operating rules of the Mercado de Corto Plazo (MCP)<br />

was published in June. The changes are designed to increase<br />

the transparency of the market (requiring market<br />

agents to declare their expected demand for the subsequent<br />

day).<br />

With the Decreto de Urgencia 079/<strong>2010</strong> of December 16,<br />

<strong>2010</strong>, the Decreto de Urgencia 049/2008 was extended<br />

until December 31, 2013. The extension was made necessary<br />

by the delay in approving draft law 4335-<strong>2010</strong>-PE<br />

(amending Law 28832), which will introduce a permanent<br />

mechanism to reduce the risk of high marginal costs<br />

for the system in the event of transmission grid congestion.<br />

The government estimates that by the end of 2013,<br />

thanks in part to infrastructure upgrades, the crisis situation<br />

that prompted the adoption of the Decreto de Urgencia<br />

049/2008 should have been resolved.<br />

Remuneration of distribution activities<br />

OSINERGMIN has announced a new calculation of the<br />

VAD (Valor Agregado de Distribución) for distribution<br />

<strong>com</strong>panies in response to a number of objections raised by<br />

Luz del Sur concerning the VAD set in November 2009 for<br />

the November 2009 - October 2013 period. The change<br />

slightly reduces (0.1%) the distribution rate from the level<br />

approved in November 2009. On October 4, <strong>2010</strong>, OSIN-<br />

ERGMIN established the definitive value for the VAD for<br />

Edelnor, which remains virtually unchanged (+0.1%), partially<br />

granting the appeal of the distribution <strong>com</strong>pany.<br />

Secondary natural gas market<br />

On August 5, <strong>2010</strong> the Ministry of Energy and Mineral<br />

Resources approved Supreme Decree 46-<strong>2010</strong>-EM, regulating<br />

the secondary gas market where gas and transport<br />

capacity is traded through electronic auctions held on<br />

MECAP (Mercado Electrónico de las subastas de Transferencia<br />

de Producción y/o Capacidad de Transporte a Firme<br />

de Gas Natural). Secondary gas market transactions may<br />

take the form of bilateral contracts for a transitional period<br />

of no more than one year. After that, only centralized<br />

auctions can be used. The creation of the secondary gas<br />

market means that the electricity sector will enjoy more<br />

flexible provisioning arrangements.<br />

International<br />

France<br />

60 <strong>Enel</strong> <strong>Annual</strong> <strong>Report</strong> <strong>2010</strong> <strong>Report</strong> on operations<br />

NOME Act<br />

In March <strong>2010</strong>, the Ministry for Energy distributed the first<br />

draft of the bill for the NOME Act (Nouvelle Organization<br />

du Marché de l’Electricité), setting out the main re<strong>com</strong>mendations<br />

of the Champsaur parliamentary <strong>com</strong>mittee.<br />

In June <strong>2010</strong> the French National Assembly examined<br />

the NOME Act at first reading, approving a substantively<br />

amended text on June 15, <strong>2010</strong>. After a number of major<br />

amendments introduced by the Senate (September 30,<br />

<strong>2010</strong>), the final text was approved by the National Assembly<br />

on November 24, <strong>2010</strong>, and published the following<br />

December 8.<br />

The NOME Act contains reform measures that will gradually<br />

open up the French electricity market to <strong>com</strong>petition<br />

and replace the TaRTAM rate for those end users who,<br />

after having opted for a contract with a free-market supplier,<br />

seek to benefit once again from regulated electricity<br />

supplies.<br />

The main <strong>com</strong>ponents of this reform are:<br />

> access to nuclear-generated base electricity for alternative<br />

suppliers at regulated prices (known as ARENH or<br />

“Accès Régulé à l’Electricité Nucléaire Historique”), for<br />

a 15-year transitional period, with volumes calculated<br />

annually on the basis of the volume of nuclear generation<br />

as a percentage of total consumption, with an annual<br />

ceiling of 100 TWh;<br />

> suppliers are required to adapt their requests for<br />

ARENH to the forecasts for the volume and profile of<br />

their portfolios and the share of nuclear energy used to<br />

cover consumption;<br />

> responsibility for allocating ARENH volumes to suppliers<br />

on an intra-year basis is assigned to CRE;<br />

> an entity independent of EDF and alternative suppliers<br />

will be charged with handling the exchange of information<br />

regarding ARENH, in order to ensure that EDF<br />

does not have access to sensitive information concerning<br />

individual suppliers;<br />

> as from 2013 the network operators may acquire<br />

ARENH power to offset the entire amount of network<br />

losses (currently about 30 TWh). The power allocated<br />

for this purpose will be added (with no ceiling) to the<br />

100 TWh allocated to alternative suppliers (the first version<br />

of the NOME Act had provided for an annual ceiling<br />

of 20 TWh);

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