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2011 Annual Report - OTCIQ.com

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In Sweden, owners of nuclear facilities are liable for damages<br />

resulting from accidents occurring in those nuclear facilities<br />

and for accidents involving any radioactive substances connected<br />

to the operation of those facilities. The liability per<br />

incident as of December 31, <strong>2011</strong>, was limited to SEK 3,189 million,<br />

or €358 million (2010: SEK 3,143 million, or €351 million).<br />

This amount must be insured according to the Law Concerning<br />

Nuclear Liability. The necessary insurance for the affected<br />

nuclear power plants has been purchased. On July 1, 2010, the<br />

Swedish Parliament passed a law that requires the operator<br />

of a nuclear power plant in operation to have liability insurance<br />

or other financial security in an amount equivalent to<br />

€1.2 billion per facility. As of December 31, <strong>2011</strong>, the conditions<br />

enabling this law to take effect were not yet in place.<br />

The Generation global unit operates nuclear power plants<br />

only in Germany and Sweden. Accordingly, there are no additional<br />

contingencies <strong>com</strong>parable to those mentioned above.<br />

Other Financial Obligations<br />

In addition to provisions and liabilities carried on the balance<br />

sheet and to the reported contingent liabilities, there also<br />

are other mostly long-term financial obligations arising mainly<br />

from contracts entered into with third parties and related<br />

parties, or on the basis of legal requirements.<br />

As of December 31, <strong>2011</strong>, purchase <strong>com</strong>mitments for investments<br />

in intangible assets and in property, plant and equipment<br />

amounted to €8.3 billion (2010: €7.4 billion). Of these <strong>com</strong>mitments,<br />

€3.2 billion are due within one year. This total mainly<br />

includes financial obligations for as yet outstanding investments<br />

in connection with new power plant construction pro jects<br />

and modernizations of existing generation assets, as well as<br />

with ex ploration and gas infrastructure projects, particularly<br />

at the Generation, Renewables, Gas, Germany, Russia and<br />

Sweden units. On December 31, <strong>2011</strong>, the obligations for new<br />

power plant construction reported under these purchase<br />

<strong>com</strong>mitments totaled €4.0 billion. They also include the obligations<br />

relating to the construction of wind power plants.<br />

CEO Letter<br />

E.ON Stock<br />

Combined Group Management <strong>Report</strong><br />

Consolidated Financial Statements<br />

Corporate Governance <strong>Report</strong><br />

Supervisory Board and Board of Management<br />

Tables and Explanations<br />

Additional financial obligations arose from rental and tenancy<br />

agreements and from operating leases. The corresponding<br />

minimum lease payments are due as broken down in the<br />

table below:<br />

E.ON as Lessee—Operating Leases<br />

Minimum lease payments<br />

€ in millions<br />

<strong>2011</strong> 2010<br />

Due within 1 year 264 243<br />

Due in 1 to 5 years 818 579<br />

Due in more than 5 years 1,093 940<br />

Total 2,175 1,762<br />

The expenses reported in the in<strong>com</strong>e statement for such<br />

contracts amounted to €273 million (2010: €263 million). Furthermore,<br />

a lease-leaseback arrangement for power plants<br />

has resulted in cash flows, which are financed by restricted,<br />

offsetting investments totaling approximately €0.5 billion<br />

(2010: €0.4 billion) that are congruent in terms of amounts,<br />

maturities and currencies. The arrangement expires in 2030.<br />

Additional long-term contractual obligations in place at the<br />

E.ON Group as of December 31, <strong>2011</strong>, relate primarily to the<br />

purchase of fossil fuels such as natural gas, lignite and hard<br />

coal. Financial obligations under these purchase contracts<br />

amounted to approximately €325.6 billion on December 31, <strong>2011</strong><br />

(€22.7 billion due within one year).<br />

Gas is usually procured on the basis of long-term purchase<br />

contracts with large international producers of natural gas.<br />

Such contracts are generally of a “take-or-pay” nature. The<br />

prices paid for natural gas are normally tied to the prices of<br />

<strong>com</strong>peting energy sources, as dictated by market conditions.<br />

The conditions of these long-term contracts are reviewed at<br />

certain specific intervals (usually every three years) as part<br />

of contract negotiations and may thus change accordingly. In<br />

the absence of an agreement on a pricing review, a neutral<br />

board of arbitration makes a final binding decision. Financial<br />

obligations arising from these contracts are calculated based<br />

on the same principles that govern internal budgeting. Furthermore,<br />

the take-or-pay conditions in the individual contracts<br />

are also considered in the calculations.<br />

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