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Current report No.: 23/2009

Title: Signing of an annex to electrical energy distribution agreement
Date: 2009.26.03
Report no.:  Current report No.: 23/2009

Current report No.: 23/2009

Date prepared: 26 March 2009

Short name of issuer: ENEA S.A.

Subject: Signing of an annex to electrical energy distribution agreement

Legal basis: Article 56 par. 1 pt. 2 of the Act on Public Offerings - current and periodic information

Content of the report:

The Management Board of ENEA S.A. (the "Issuer") announces that on 25 March 2009 an annex ("Annex") to the agreement for the provision of electrical energy distribution services of 30 June 2007 (the "Agreement") between ENEA S.A. and ENEA Operator Sp. z o.o. ("ENEA Operator") was concluded, under which the Agreement was extended to 30 June 2009. In the Annex, the Parties also undertook to conclude a new agreement for the further provision of electrical energy distribution services. At the same time, the conditions of the Agreement have been adapted to the current legal and factual circumstances. Signing the Annex is the consequence of the President of the Energy Regulatory Authority's ("URE") approval on 15 January 2009 of the new tariff for the distribution of electrical energy for ENEA Operator, in force in the period from 30 January 2009 to 31 December 2009 (about which the Issuer provided information in Current Report No. 4/2009 of 16 January 2009). The Annex also regulates the question connected with the President of the URE's communiqué of 19 December 2008 concerning transitional charges for 2009. Furthermore, the Annex specifies the planned value of electrical energy distribution services provided in the second quarter of 2009 by ENEA Operator to customers connected to ENEA Operator's distribution grid, who have comprehensive agreements with the Issuer amounting to PLN 541,902,000 net.

As a result of concluding the Annex, the total value of revenue flows between the Issuer and ENEA Operator on the basis of agreements concluded in the period from the date of commencing to perform information obligations, i.e. 12 November 2008, to the date of concluding the Annex, taking into account the amounts indicated in the preliminary estimate specified in the Annex (which are to be realised by 30 June 2009), is approximately PLN 1,035,800,000. The largest revenue flow from the above agreements will be realised on the basis of the preliminary payment estimate for distribution services, which is specified in the Annex.

The total value of the above revenue flows between the Issuer and ENEA Operator exceeds 10 per cent of the Issuer's equity.

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