The AUTHORITIES 'FOR ELECTRICITY AND GAS At its meeting of 23 April 2002, Whereas: Article. 3, paragraph 11, of Legislative Decree 16 March 1999, n. 79 (hereinafter the Legislative Decree n. 79/1999), provides that with one or more 'decrees of the Minister of Industry, Trade and Crafts (hereinafter: Minister of Industry), in consultation with the Minister of the Treasury , budget and economic planning (hereinafter: Ministry of the treasury), on a proposal of the Authority 'for electricity and gas (hereinafter: Authority), have identified the general revenue charges of the electricity system, including, among other things, the activities' dismantling of decommissioned nuclear power stations, the closure of the fuel cycle and the activities' connected and consequent, also carried out in a consortium with other public bodies or society '; Article. 2, paragraph 1, letter c) of the Decree of 26 January 2000 of the Minister of Industry, in consultation with the Minister of the Treasury, published in the Official Gazette - General Series - n. 27 of 3 February 2000 (hereinafter: the Decree of 26 January 2000), includes among the general charges of the electricity system costs related to the dismantling of decommissioned nuclear power stations, the closure of the fuel cycle and to the attivita 'connected and consequent; on 31 May 1999, the Enel Spa, in compliance with art. 13, paragraph 2, letter e) of Legislative Decree n. 79/1999, has formed the Societa 'Spa nuclear facilities management (hereinafter: Sogin), operational since November 1, 1999 and whose corporate object the exercise of the attivita' relative to the dismantling of decommissioned nuclear power stations, the closure of the fuel cycle and the attivita 'connected and consequent, also jointly with other public bodies or society'; On 22 December 2000, Sogin, the National Agency for New Technology, Energy and the Environment (hereinafter: Enea) and the company 'Nuclear Manufactures Spa (hereinafter: FN) formed the consortium Dismantling the cycle plants nuclear fuel (hereinafter: consortium SICN) for the organization and coordination of activities 'inherent decommissioning of nuclear fuel production and research of the nuclear fuel cycle properties' Enea and FN; Article. 9, paragraph 1 of the Decree of 26 January 2000 provides that the Sogin forward, by September 30 of each year, the Authority 'a detailed program of all the activities' in art. 8 of the same decree, even if carried out by other parties, on a multi-year horizon, with the estimate of the related costs; the Authority ', in accordance with the provisions of art. 9 of the Decree of 26 January 2000 and art. 1, paragraph 2 of the Decree of 17 April 2001, should evaluate programs submitted by Sogin and SICN consortium, together with the estimate of their cost, taking into account the criteria of economic efficiency in the conduct of activities' provided; the Authority ', in accordance with art. 9, paragraph 2 of the Decree of 26 January 2000 restates by 31 December 2000 and every three years thereafter, the charges arising from the dismantling of nuclear power stations and to the closure of the fuel cycle, the roof of which must be ensured by the adjustment the fee for the access and use of the national transmission network pursuant to art. 3, paragraph 11, of Legislative Decree n. 79/1999, and update the annual charge on the basis of the activities' program presented by Sogin; pursuant to art. 9, paragraph 2, last sentence, of the Decree of 26 January 2000 the Authority 'shall inform the Minister of activities' productive and the Minister of Economy and Finance their own determinations about which become operational sixty days after the notice, unless otherwise indications for such Ministers; Sogin, pursuant to art. 9, paragraph 1 of the Decree of January 26, 2000, forwarded to the Authority ', with prot. No 4483 of 29 September 2000 (prot. Authorities 'n. 13714 of 3 October 2000), a document containing the program and estimated costs of the activities' related to nuclear decommissioning Sogin and the closure of the fuel cycle (hereinafter: program) and, by letter prot. n. 01/8607 of 27 September 2001 (prot. Authorities' to 19219 of 28 September 2001), has forwarded a document bearing the update of the same program in September 2001; the Authority ', given that emerge from the program elements of uncertainty that can result in significant variations TO THE EXTENT' commitments and anticipated costs and affect its implementation, and considered that the restatement of the charges referred to in Article. 8 of the Decree of the Minister of Industry January 26, 2000 should be based on the verification program prepared by Sogin, also in order to assess its cheapness 'of the objectives pursued and that, because of the complexity' of insights and skills required, for the audit to be necessary to resort to the contribution of specialized subjects, to be identified by means of appropriate selection procedures, by resolution 6 December 2000, n. 220 (hereinafter: Resolution no. 220/00), has requested, among other things, to the Minister of Industry an extension until 31 December 2001 for all matters under Art. 9, paragraph 2, first sentence, of the Decree of 26 January 2000; Article. 1, paragraph 1 of the Decree of the Minister of Industry in consultation with the Minister of the Treasury, April 17, 2001, published in the Official Gazette - General Series - n. 97 of 27 April 2001 (hereinafter: the Decree of 17 April 2001), has ordered the extension referred to in paragraph above; Article. 1, paragraph 2, letter d) of the Decree of the Minister of Industry May 7, 2001, published in the Official Gazette - General Series - n. 122 of 28 May 2001 (hereinafter: Decree of 7 May 2001) laying down the strategic and operational guidelines to Sogin, has accelerated deactivation, compared to the previous long-term strategy of "protective custody with passive safety" adopted by Enel and subsequently recognized by the interministerial Committee of prices (hereinafter: CIP), and by the Authority ', of all the nuclear power plants decommissioned within twenty years, until the unconditional release of the sites where the same plants are located; by resolution 27 June 2001, n. 146/01, published in the Official Gazette - General Series - n. 155 of 6 July 2001 (hereinafter: Resolution no. 146/01), the Authority 'quantified, pursuant to art. 1, paragraph 2 of the Decree of 17 April 2001, the amounts to be paid for the year 2001, on a provisional and subject to adjustment, for the purpose of covering the costs of the activities' carried out by the consortium SICN, placing the adaptation of the A2 component of electricity tariff to a national average of 0.6 L / kWh, already 'established by resolution Authority' February 24, 2000, n. 39/00, published in the Official Gazette - General Series - n. 49 of 29 February 2000 (hereinafter: Resolution no. 39/00), 1.0 L / kWh; Watched: Law no. 481/1995; Legislative Decree n. 79/1999 the Decree of 26 January 2000; the Order of 17 April 2001; the Decree of 7 May 2001; the measure of the Cip 28 March 1990, n. 11/90, published in the Official Gazette - General Series - n. 81 of 6 April 1990 Enel reimbursement of extraordinary expenses (hereinafter: CIP regulation no. 11/90); the measure of the Cip 18 December 1991, n. 32/91, published in the Official Gazette - General Series - n. 298 of 20 December 1991 on reimbursement of special expenses provided for by the law of 9 January 1991, n. 9 (hereinafter: CIP regulation no. 32/91); the measure of the Cip 26 February 1992, n. 3/92, published in the Official Gazette - General Series - n. 51 of 2 March 1992 on the reimbursement of special expenses provided for by the law of 9 January 1991, n. 9 (hereinafter: CIP regulation no. 3/92); Views: Resolution Authority 'June 12, 1998, n. 58/98, published in the Official Gazette - General Series - n. 140 of 18 June 1998 (hereinafter: Resolution no. 58/98); Resolution no. 39/2000; Resolution Authority '9 March 2000, n. 53/2000, published in the Official Gazette, General Series, no. 90 of 17 April 2000 (hereinafter: Resolution no. 53/2000); Resolution no. 220/2000; Resolution no. 146/2001; Resolution Authority 'October 18, 2001, n. 228, published in the ordinary supplement no. 277 to the Official Gazette no. 297 of 22 December 2001 on "Integrated provisions of the Authority 'for electricity and gas for the provision of transport services, measurement and sale of electricity" (hereinafter: Integrated Text) , in particular art. 41 and Article. 34.2, letter a); the note from the Equalisation Fund for the electricity sector on August 23, 2000, prot. n. 1351, received the Authority 'on the 25th, prot. Authorities' n. 12212, (hereinafter known August 23, 2000); Considering that: during the period of activity 'production of nuclear power stations of his proprieta', Enel took steps to establish a "fund decommissioning nuclear facilities", bound to the costs to be incurred in the deactivation phases of said power plants, waste fuel irradiated, commissioning state of preservation, decontamination and dismantling of the plants and soil remediation, and the "provision for the nuclear fuel", bound to cover expenses friture for irradiated fuel transport, for the chemical processing of irradiated fuel , for the treatment, the temporary storage and final disposal of the residues; the funds referred to in the preceding paragraph, fed through annual allocations, would have to reach, at the end of the productive life of nuclear power stations, a consistency that enable coverage of costs relating to the conduct of the said activities'; due to the early closure of nuclear power stations and the consequent cessation of provisions, the "bottom of dismantling nuclear facilities" and the "provision for the nuclear fuel" could not reach the expected consistency; charges to be reinstated Enel respect to provisions already 'carried out during the period of activity' production of nuclear power stations, connected with the activities' of the irradiated fuel reprocessing, the implementation of safety with passive custody and his dismantling of nuclear power stations property ', were determined from the CIP by the measures n. 11/90, n. 32/91 and n. 3/92, as the difference between the expected consistency of the two funds mentioned above at the closing date of the planned nuclear power stations and their effective consistency to the early closing date of the plants themselves; with resolution no. 58/98, the Authority ', in implementation of the provision of Article. 3, paragraph 2, of Law no. 481/1995, assessed, among other things, the measures of the CIP in the preceding paragraph, restating definitively the total charges related to the suspension and interruption of work on the construction of nuclear power as well as' central to their closure, there including the activities' of the irradiated fuel reprocessing and the implementation of safety with passive housing and the dismantling of nuclear power plants; the total charges of the preceding paragraph, the sum of the charges to be reinstated and provisions already 'carried out by Enel Spa during the period of activity' production of plants, have been quantified, December 31, 1997, in pounds 1310.4 billion, of which lire 816.9 billion as of Enel Spa claim on the Compensation fund for the electricity sector and the remainder as liquidity 'arising from the "bottom of dismantling nuclear facilities" and "bottom nuclear fuel processing"; On October 29, 1999, the Enel Spa has appointed Sogin, established pursuant to art. 13, paragraph 2, letter e) of Legislative Decree n. 79/1999, a capital of 1.538 trillion lire, of which 896.4 billion lire as a claim on the Compensation fund for the electricity sector to extinguish through the revenue from the A2 component of the electricity tariff and the remainder as liquidity 'arising from funds referred to in paragraph above; with resolution no. 58/98, the Authority 'established by the Compensation fund for the electricity sector two separate operating accounts for the reimbursement of nuclear liabilities: the "Statement for the reimbursement of nuclear liabilities to contractors" and the account for the reimbursement to 'Enel SpA of charges relating to activities' nuclear residual ", the latter intended to Enel Spa reimbursement of approved expenses for the reprocessing of irradiated fuel and for the safety and decommissioning of nuclear power plants, with the revenue from the component A2 of the electricity tariff and 'completed in the first two months (January-February) 2000 the repayment to Enel SpA and to contractors of charges related to the suspension and interruption of work on the construction of nuclear power plants as well as' their closure as shown on a note of the Compensation fund for the electricity sector 23 August 2000, according to resolution no. 39/2000, the Authority 'fixed, with effect from 1 March 2000, the rate of the A2 component of the electricity tariff, intended the reimbursement of costs relating to the dismantling of decommissioned nuclear power stations, the closure of the nuclear fuel cycle and activities' to these connected and consequent, in an amount equal to 0.6 pounds per kWh consumed by end users, and subsequently adjusted this component 1 lire per kWh, according to art. 1, paragraph 2 of the Decree of April 17, 2001, as already 'mentioned in the introduction; with resolution no. 53/2000, the Authority 'has It decided that, with effect from 1 March 2000, the A2 component of the electricity tariff food "account to finance activities 'residual nuclear", established by the resolution and intended to incorporate the remaining liquidity' of the "Account to reimburse all 'Enel of charges relating to attivita' residual nuclear ", according to art. 5, paragraph 2, letter b) of resolution no. 58/98; as of January 1, 2002, the remaining balance of Sogin against the Compensation fund for the electricity sector amounted to 668.001 billion lire; the accelerated decommissioning of all nuclear power plants decommissioned in the decree of May 7, 2001, in implementation of which Sogin has defined the program, leads to increased costs and, consequently, the general charges of the electricity system than those required by previous strategy long period of protective custody with adopted by Enel passive safety; the costs estimated by Sogin for the conduct of activities 'aimed at: a) the maintenance in protective custody with passive safety, until the start of the attivita' of dismantling of nuclear power stations Caorso, Foce Verde, Garigliano and Trino Vercellese 1; b) the completion of the dismantling of decommissioned nuclear power Caorso, Foce Verde, Trino Vercellese 1 and Garigliano, resulting in release of the site without any constraint radiological; c) Store in temporary site, packaging and eventual reprocessing of irradiated nuclear fuel of nuclear power Caorso, Foce Verde, Trino Vercellese 1 and Garigliano, as well as' the subsequent release of the same irradiated nuclear fuel and waste, radioactive material at the storage tank of national long term and to their conservation at the same deposit, or alternatively, sending and storage of irradiated nuclear fuel, radioactive waste and materials at another storage system of long-term equivalent, referred to 'art. 8, paragraph 1, letter c), i), ii) and iv) of the Decree of 26 January 2000 amounted to 746.9 billion lire for the period 2002-2004, show an incidence of contingency fee of events the 7,85% of the total costs, net of headquarters costs; the costs budgeted by the consortium SICN for conducting activities' of decommissioning of the nuclear fuel production and research of the nuclear fuel cycle properties' Enea and its companies' subsidiaries, under art. 8, paragraph 1, letter c) iii) of the Decree of 26 January 2000 amounted to 241.7 billion lire for the period 2002-2004, showed an overestimation of costs related to the purchase of goods and services, associated with the anticipation of activity 'still deferrable, as well as, for the year 2004, the use of accounting policies different from those of Sogin regarding the application of VAT on the purchase of goods and services and the attribution of the overall costs incurred by Enea for personnel transferred by Enea in SICN consortium that will flow from 2004 'in Sogin; the restatement of the charges referred to in Article. 8, paragraph 1, letter c), points i, ii) and iv) of the Decree of January 26, 2000, for the 2002-2004 period, on the basis of the program presented by Sogin, is to re-calculate the amount of the credit same society 'against the Compensation fund for the electricity sector; and 'you need to preserve liquidity Sogin' arising from the initial transfer by Enel Spa because the specificity 'and dall'onerosita' of interventions that this' call to make; It deemed it appropriate: Sogin to recognize the costs of unforeseen events in the final balance and on the basis of analytical and detailed supporting documents; redetermine the charges in the art. 8, paragraph 1, letter c), i), ii) and iv) of the Decree of 26 January 2000, 362.1 million euro, amounted to 701.1 billion lire, for 2002-2004; Also considered that it would be prudent not to recognize SICN consortium a share of 25% of costs of the purchase of goods and services related to activities' deferrable and, for 2004, the VAT on the purchase of goods and services and the general costs borne by ENEA for the same body of staff transferred to SICN consortium; restate, consequently, the burden of art. 8, paragraph 1, letter c) iii) of the Decree of 26 January 2000, € 106.2 million, amounting to 205.7 billion lire, for 2002-2004; finally it considered it appropriate to make the Sogin and the consortium SICN recommendations to ensure economic efficiency in the conduct of activities' in art. 8 of the Decree of January 26, 2000, and instruct the latter to send the Authority ', by September 30 of each year, detailed reports on the implementation of their programs and on the implementation of the above recommendations, for the adoption of the measure annual update, pursuant to art. 9, paragraph 2, of the aforementioned decree of 26 January 2000, the scope of art. 8, paragraph 1, letter c), i), ii), iii) and iv) of the same decree; Resolution: 1. To determine charges in art. 8, paragraph 1, letter c), i), ii) and iv) of the Decree of the Minister of Industry, Commerce and Handicrafts, in consultation with the Minister of the Treasury, Budget and Economic Planning on January 26 2000 for 2002-2004, in 362.1 million Euros, amounting to 701.1 billion lire. 2. To determine the burden of art. 8, paragraph 1, letter c) iii) of the Decree of the Minister of Industry, Commerce and Handicrafts, in consultation with the Minister of the Treasury, Budget and Economic Planning, January 26, 2000, for the period from 2002 -2004, at € 106.2 million, amounting to 205.7 billion lire. 3. To recommend to the Company 'nuclear facilities management Spa: a) to prepare, by 31 December 2002 a process of analysis and risk management as to simulate the impact of adverse events on the costs and times of the programs, identify and qualify areas of uncertainty, as well as' to initiate actions to mitigate risks; b) to prepare, by 31 December 2002 a procedure for the management of procurement of goods and services, ensuring appropriate levels of transparency and competitiveness'; c) to draw up, by 30 September 2002 a plan of development of human resources and a plan of organization development in the medium to long term; d) to establish, by 31 December 2002, the advancement measurement procedures of the activities' within the programming and control system; e) to rationalize, by 30 June 2003, the planning and control system, with the adoption of standard descriptions, articulated in the identification of costs and time needed for each activity 'grade. 4. To recommend to the consortium dismantling facilities of the nuclear fuel cycle: a) to integrate, within December 31, 2002, its programming and control methods with those of the Company 'Spa nuclear facilities management, using the same tools, standardizing procedures , the responsibility 'and mode' measurement of the progress of the work; "B) to be received by 30 June 2003 a common management with the Company 'Spa nuclear facilities management, Activities of' cross-cutting, in order to ensure effective control of costs; c) to define, within the September 30, 2002, a system of management of human resources and provide their development plan; d) to establish, by 30 September 2002, a plan of activities 'and time to implement the transfer to the Company' management of nuclear facilities Spa plants belonging to the Ente for New technologies energy and the environment and to society 'nuclear Manufactures Spa; e) to speed up the integration process of the consortium in the Company' nuclear facilities Spa management. 5. apply to the Company 'management nuclear facilities Spa and the consortium Dismantling facility of the nuclear fuel cycle to send the Authority 'for electricity and gas, by 30 September of each year, detailed reports on the implementation of their programs and on the implementation of the recommendations referred to in paragraphs 3 and 4, for the adoption of the annual update of the measure, pursuant to art. 9, paragraph 2 of the Decree of the Minister of Industry, Commerce and Handicrafts, in consultation with the Minister of the Treasury, Budget and Economic Planning, January 26, 2000, the scope of art. 8, paragraph 1, letter c), i), ii), iii) and iv) of the same decree. 6. To communicate this decision to the Ministry of activity 'productive and the Minister of Economy and Finance, in accordance with art. 9, paragraph 2, last sentence, of soprarichiamato decree of the Minister of Industry, Commerce and Handicrafts, in consultation with the Minister of the Treasury, Budget and Economic Planning, 26 January 2000. 7. By publishing this consultation in gazette Official of the Italian Republic and on the website of the Authority 'for Electricity and Gas (www. Autorita.energia.it). Milan, 23 April 2002 President: Ranci