Current Report No: 1/2012
Current Report No: 1/2012
Date of preparation: 23.01.2012
Short name of issuer: ENEA S.A.
Subject: Conclusion by Elektrownia Kozienice S.A. of an multiannual contract for supplies of energetic coal for the needs of a newly constructed unit and conclusion of an annex to the present multiannual contract.
Legal basis: Article 56 item 1(2) of the Act on Offerings – current and periodic information
Content of report:
Acting pursuant to § 5 item 1(3) of the Regulation of the Minister of Finance of 19 February 2009 on current and periodic information published by issuers of securities […], the Board of ENEA S.A. (Issuer) informs that on 23 January 2012 the Board of Elektrownia Kozienice S.A. concluded with Lubelski Węgiel "Bogdanka" S.A. a new multiannual contract (Contract) for supplies of energetic coal for the needs of the newly constructed unit. The Contract was executed for the period from the execution date till 31 December 2036 with physical commencement of deliveries of energetic coal in the first calendar quarter of 2017. The Contract anticipates 20 calendar years of deliveries of coal for the needs of the newly constructed unit of Kozienice Power Plant. Estimated value of the Contract according to the delivery prices of the current year amounts to PLN 11.248 bln net with no inclusion of the volume quantitative tolerance (± 5%) resulting from the Contract.
The Contract anticipates the following terms:
1.Prices of energetic coal will be set for a given calendar year of physical deliveries through negotiations with inclusion of the dynamics of change of prices of deliveries of energetic coal in Poland;
2.Annual contract will be concluded specifying: quantitative volume, schedules of deliveries, declared qualitative parameters, other rules of logistics and settlement of delivery during the term of an annual contract;
3.The Parties to the Contract reserve the right to terminate it when there are no arrangements through price negotiations for the following calendar year of the Contract with 2-year notice commencing with 1 January of the following year;
4.Moreover, the Buyer has the right to terminate the Contract with 6-month notice when till 31 January 2012 the following conditions fail to fulfil collectively:
(a)Execution of the Contract for the construction of the power unit,
(b)Termination of financing of the construction of the unit confirmed with a resolution of the Management Board of Kozienice Power Plant.
The Contract anticipates the following contractual penalties:
1.for failure to collect or deliver of the quantitative volume resulting from the schedule of deliveries - in the amount of 20 per cent of uncollected or undelivered coal;
2.for delivery by the Seller of coal supply whose qualitative parameters are worse than the limit values specified in the Contract - at the level from 1 per cent to 5 per cent of net value of the delivery of energetic coal;
3.each of the Parties to the Contract may claim supplementary damages on general terms if the aforementioned contractual penalty does not cover the damage incurred.
The remaining terms of the Contract do not diverge from the market standards applied in contracts of this type.
Moreover, the Issuer informs that on 23 January 2012 the Board of Kozienice Power Plant concluded Annex No 1 to the multiannual contract with Lubelski Węgiel "Bogdanka" S.A., which is still biding for the Parties till 31 December 2025, of which the Issuer informed in the current report No 17/2010 of 5 March 2010.
Annex No 1 anticipates the change of the present method of setting prices in annual contracts into a solution adopted in a new additional Contract, i.e. prices of energetic coal will be set for a given calendar year through negotiations, including the dynamics of change of prices of energetic coal in Poland.
As a result of conclusion of a new additional Contract and Annex No 1 to the present Multiannual Contract the Parties join the two multiannual contracts whose total value during 2011-2036 according to the current prices amounts to around PLN 22.772 bln.
The criterion for deeming the concluded contract important is the fact that the estimated value exceeded 10 per cent of the value of equity capitals of the Company.
