Cabinet of Ministers Regulations No. 1112 2008 in Riga on 22 December (pr. No 94 62. §) rules on the introduction of electricity production capacity due tender Issued in accordance with the electricity market law article 23, the third and fourth part i. General questions 1. determines the following the introduction of electricity production capacity due to tender (hereinafter referred to as the competition): 1. implement capacity;
1.2. implement capacity availability conditions;
1.3. deadlines for implementation of capacity;
1.4. implement capacity terms of payment;
1.5. the invitation to tender;
1.6. the requirements to be met by applicants;
1.7. application evaluation criteria;
1.8. application and evaluation. 2. the terms used in the rules: 2.1. selection documents – that rule 56, paragraph documents proving the applicant's compliance with the selection criteria;
2.2. base power-NET electric power project by the power plant provides the base operating mode and that is accurately predicted at least one day ahead;
2.3. base mode-project-power mode of operation in which it is working no less than 6000 hours in the reporting period with the power that corresponds to the installed power with a net electric power of not less than 400 megawatts;
2.4. the gross payment capacity-capacity payment calculated by the transmission system operator, the offeror gross payment capacity for applying the commissioning time deduction unless the project electro station commissioning deadlines;
2.5. the solid fuel-coal, brown coal, peat, biomass and energy of the primary mixture;
2.6. the reference price of electricity – one unit of electricity sold, the average price of power under the payment of electricity trade in the stock market, given the presence of electricity transaction contract price and electricity futures contract price during the reporting period, the reference price of the transmission system operator shall use appropriate power payment contract with investors to determine the circumstances in which termination of power;
2.7. reference price of electricity, the average electricity price at which the investor or the related electricity trader sells the project power plant electricity produced and that the transmission system operator is used according to the capacity of the Treaty concluded with the winner of the contest to determine the circumstances in which termination of power;
2.8. power: one technological unit that provides power project electricity production capacity;
2.9. the indicative offer, the applicant's documents prepared according to these provisions the requirements laid down in chapter IX, and proof of the indicative tender security fee payment;
2.10. the investor – the applicant, that the procedure laid down in these provisions is recognised as the winner of the contest and that concludes these rules 1 and 2 in annex;
2.11. the net power of payment payable-payment capacity that the transmission system operator and the investor actually paid which is calculated, the net capacity of the payment application of average power factor of availability. The net capacity payments payable do not include value added tax or any other taxes and fees, in accordance with the laws of the Republic of Latvia may apply for this payment;
2.12. the competition Commission – in accordance with the procedure laid down in these provisions created the Commission, which, according to these rules, shall assess the tenders submitted by tenderers in the determination of the winner;
2.13 best available technology (BAT) techniques effective and sophisticated measures and action available methods to prevent or reduce environmental pollutant emissions in accordance with the European Council on 24 September 1996, Directive 96/61/EC on integrated pollution prevention and control and the law "on pollution";
2.14 the net electrical power – power plants installed electric capacity, from which are deducted the undifferentiated power plant capacity;
2.15. the net power of payment – payment of capacity that the transmission system operator is calculated from the gross payment capacity report charges for fuel used in power plants (annex 2);
2.16. the report period-the period for which the payable is calculated on net capacity payments, this period coincided with the investor's financial accounting year, determined in accordance with the laws of the preparation of the annual report;
2.17. the gross payment capacity, capacity payments, excluding the value added tax or any other applicable taxes and fees that the applicant indicated in its binding in the quotation (expressed in EUR/MW per year);
2.18. available capacity – production of electric power that is actually available power plant project in a given period of time, taking into account the project's power plants planned and unplanned downtime;
2.19. the applicant – legal person in accordance with the procedure laid down in these provisions shall submit an application for registration for participation in the contest;
2.20. the applicant's group companies – the companies that belong to the same consolidation group with the applicant, in accordance with international financial reporting standards;
2.21. the applicant, the applicant, in accordance with the procedure laid down in these provisions is registered for participation in the contest;
2.22. project power plant, power plant, which provides at least the electricity generation and adjustment of power according to the requirements set out in these rules, but in addition, you can also provide heat and other energy production;
2.23. project-introduction of new electricity capacity, and ensuring the successful tenderer in the tender carried out in accordance with the requirements laid down in these provisions;
2.24. regazificēšan – a process that results in a change in the liquefied natural gas physical substance from liquid to gaseous;
2.25. regazificēt liquefied petroleum gas, natural gas that has been regazificēt;
2.26. re-gasification Terminal – technological equipment set (t.sk. liquefied natural gas making, handling and storage equipment, compressors, condensers, airbrush), which provides a liquefied natural gas storage and regazificēšan;
2.27. the regulator – the public service Commission, which promulgated the regulation and organizes competitions in accordance with the procedure laid down in these provisions;
2.28. binding quotation – indicative of the applicant, prepared the bid document together with the tender Commission in addition to the information requested, in accordance with the instructions of the Commission, the tender and receipt of the binding offer security fee;
2.29. the present transaction (spot) – power purchase agreement and sales contract concluded between the buyer and seller of electricity on the electricity supply of the quantities fixed in no more than two days on the day of conclusion of the contract price;
2.30. the average availability rate of the base power-plant project, action figure, calculated by dividing the total project of electricity produced by the power plant during the period with 6 000 hours;
2.31. the one-year Futures (Futures) contract-electric energy purchase and sales contract concluded between the buyer and seller of electricity on the electricity supply in the amount of one calendar year period which begins after the conclusion of the contract, on the day of conclusion of the contract. 3. The aim of the competition is the new electricity generation capacity in the implementation of national energy security. 4. the object of the contest is to grow production capacity of electricity payment that is prescribed as a fixed annual payment for each of the available megawatts power plant, up to 400 megawatts. 5. the invitation to tender for the period determined by the Cabinet of Ministers in a separate decision. 6. obligations of the winner and the electricity production capacity implementation requirements laid down in annex 1 to these rules. 7. The Treaty on the production capacity of the introduced pay contest winner with Latvian electricity transmission system operator pursuant to this provision in annex 2. II. Introduction of electricity production capacity and availability conditions 8. Contest the winning tenderer (investor) receiving payment on the new power electricity generation capacity, if the applicant provides the requirements in this chapter and the conditions. 9. the contest winner in the territory of the Republic of Latvia to implement and support a new electricity production base in power. 10. Implement the production capacity of electricity NET electric power of not less than 400 megawatts. Payment is performed only on the net electrical capacity of up to 400 megawatts. 11. production capacity of electricity power, which provides a net electric power of not less than 200 megawatts and not exceeding 400 megawatts and are installed in a single project in the power plant. 12. the contest winner will ensure that electricity production capacity in full (i.e. 400 megawatts) is put into operation no later than 30 June 2015. 13. electricity production capacity ensure power plants, a project that uses any of the following energy sources: primary energy 13.1 uses solid fuel, and at least 10% of the total energy used in volume (expressed in tonnes) is biomass;
13.2. the primary energy used in the territory of the Republic of Latvia of the liquefied natural gas regazificēt. 14. If the electricity production capacity is provided by using liquefied natural gas to gasified re, contest the winning tenderer (investor) independently and at their own expense on the territory of the Republic of Latvia creates a regasification terminal, with sufficient regasification capacity to ensure electricity base mode in the power plant project. III. Registration for participation in the competition to sign 15. of interest, the applicant shall submit a written application for registration of the regulators, and proof that these conditions have been paid by the prescribed registration fee. The Governor of the applications received pass the competition Commission. 16. the application for registration shall contain the following information: the name of the applicant, 16.1. legal address, registration number of the legal person, specifying the country in which it was recorded, as well as the person or persons who, in accordance with the applicant's statutes (or equivalent document) is entitled to represent the applicant, and to act on his behalf;
16.2. the applicant's contact details, stating the exact address, telephone numbers, e-mail addresses and contacts that the contest progresses, information will be sent;
16.3. the application shall contain a request for the issue of the regulator to prepare the Ministry of Economy prepared a summary of the document related to the subject of the tender. 17. An application for registration signed by the person authorised to represent the applicant, and to act on his behalf. 18. The application for registration of the applicant's Representative submitted personally or sent by post. 19. the Regulator after the receipt of the application for registration is entitled to clarify the applicant's registration information specified in the application to fully comply with the provisions under point 16. 20. The Governor received a registration shall be recorded in a separate list. This list is confidential, and the Governor shall ensure that it not be made public at least up to the date of the applicant in accordance with the requirements of this regulation is submitted to the Commission for the selection of the tender documents and the indicative offer. 21. the applicants submit registration applications after the tender izslud of youth, but not later than specified in these provisions the applicant selection document and indicative bid document submission deadline. 22. within 10 working days after the applicant's registration, the provisions of paragraph 20 of the list contained in the regulator shall inform the applicant of the registration for participation in the contest and send the application by mail to the applicant's contact person specified in the document collection of the object. The transmission of these documents is the proof that the applicant has met all the registration requirements for participation in the contest and is considered a full member of the contestants. 23. All documents in these rules or the competition Commission regulator sent by post to the following address: Public Service Commission, the liberty Street, Riga LV-1010 55 (with "new power generation capacity to pay"). IV. Payments for participation in the contest 24. tenderers contest progresses made such payments to: 24.1. registration fee for participation in the contest – EUR 5 000;
24.2. indicative of the tenderer the tender security fee-EUR 20 000;
24.3. the tenderer in the tender security binding fee of EUR 100 000-. 25. applicants in these payments provided for in the rules including in the official journal of the European Union specified public service Regulatory Commission's current account in the bank, using non-cash settlements and indicating the purpose of the payment with the description "new power generation capacity to pay". Payment of the applicant shall be deemed to have been received when it is transferred to the specified bank account. 26. applicants who have not won the contest, the registration fee for participation in the contest and indicative of the applicant, and sais toš security in fee is not refunded. All contestants received funds included in the State budget. 27. The applicant for registration payment for participation in the contest and indicative and binding security fee is refunded if the Cabinet of Ministers 93. these provisions in accordance with the procedure laid down in paragraph 1 has made the decision on the termination of the contest, without determining the winner. 28. the payments provided for in these rules, the applicant payment documents shall clearly indicate the applicant identifying information, as well as which of these provisions for payments being made. 29. The applicant's tender (both indicative offer together with the documents of the applicant selection and binding offer), submitted without the receipt of payment specified in this chapter, recognised as inadequate tender and not to exclude the applicant from further participation in the contest. V. progress of the competition deadline 30. tender, the Commission shall ensure that the competition takes place under the rules of 31, 32, 33, 34, 35, 36, 37, 38 and 39 of the tender specified in point of time limits. 31. The applicant for registration for participation in the contest takes place within six months from the date when the Governor announced the tender. 32. The applicant shall submit to the Commission the tender documents for the selection and prepare indicative tenders within six months from the date when the Governor announced the tender. 33. The tender Commission shall examine and evaluate the applicant submitted documents and indicative selection offers two months after this provision set out in paragraph 32 of document and indicative of the selection for the submission of tenders. 34. In considering the reports submitted by the applicant to the indicative and subject to this provision, in paragraph 33 of the deadline, the competition Commission at the request of the applicant, organizes meetings with applicants, enabling onsite present indicative tender offer. Each applicant shall have the right to present once its indicative offer. During the presentation of the applicant with the tender Commission pursuant to these rules, certain deadlines for the duration of the competition. The tender Commission shall evaluate the applicant's indicative bid presentation. 35. After selection of the tender documents and the indicative evaluation and presentation of tenders tenderers indicative tender Commission decides and determines the three candidates who will be invited to submit a tender Commission sais tošo deals. The tender Commission informs the other tenderers on the indicative bid of the tenderer in the results of the assessment. 36. applicants prepare a binding offer and submit to the Commission the tender within a month from the date of the invitation sent by the Commission call for binding suggestion that rule 35. 37. The tender Commission examines the applicant submitted binding offers you two months after this rule laid down in paragraph 36. 38. the Commission determines that the offer is binding toš received a higher rating, plant and shall inform the applicant in writing that it moves about winning approval of this provision in accordance with the procedure laid down in Chapter XV, as well as inform the other two tenderers of their binding bids for assessment, indicating which of the offers has received the highest rating. 39. the Commission is entitled to propose to amend these provisions in certain time limits for the duration of the contest if the contest progresses reveals that the tender Commission independent of circumstances these deadlines cannot be met. 40. the Commission is responsible, so all applicants are informed about the progress of the contest deadline changes within five working days after the date of entry into force of the changes. 41. If the time limits for the duration of the contest are changed, the competition Commission has the right to request and applicants are obliged to submit repeated assurances about the Tenderer submitting the tender offer expiration date to match the amended terms of the tender process. Vi. the first round of the competition. The selection of tenderers and the indicative offer 42. tenderers shall submit these rules in certain documents and indicative selection offers six months from the date on which the Governor has declared a tender within the time limit set by the Cabinet of Ministers. Together with the indicative offer, the applicant shall submit to the Commission the tender proof that has paid the indicative tender security fees this rule 24.2. to the extent prescribed in paragraph. 43. The tender Commission shall have the right not to examine and send back the documents of applicants selection and indicative quotation received after this provision in paragraph 42. 44. The tender documents and the selection Commission indicative quotations are recorded in a separate list according to their order of arrival. Open the envelope with the documents according to the list provided for in the order of the applicant. 45. the Commission shall examine the documents received and evaluated in two stages: 45.1. the applicant submitted documents for compliance with the selection rules laid down in chapter XI of the selection;
45.2. the indicative evaluation of tenders tenderers, which correspond to those laid down in these provisions, the requirements for the selection of the tenderer. 46. first, the Commission assessed the tender or the tender offer has been prepared and According to this provision the requirements laid down in chapter X. If the documents submitted by the applicant does not meet these requirements, the Commission may exclude an applicant from further participation in the contest, send a written notice to the applicant. 47. following the document checks the tender Commission assesses documents for compliance with the requirements of the tender selection. If the applicant does not satisfy any of the rules set out in chapter X of the selection requirements, the applicant did not submit any of the documents or in the tender, the Commission finds that the applicant selection documents supplied incorrect information, the Commission will not consider the indicative offer and excludes the applicant from further participation in the contest, send a written notice to the applicant. 48. After selection of the tender documents, the Commission shall consider the applicant's documents offer indicative that the selection of the documents comply with the requirements of these regulations. The indicative offers, tenderers whose documents do not meet the selection in these regulations set out the requirements for the selection of applicants will not be considered. 49. The tender Commission examines the selection round of the passed candidates indicative quotations of these provisions within the time limit specified in paragraph 33. 50. The tender Commission assesses indicative tenders in accordance with the provisions laid down in chapter XII of the tender evaluation criteria and the five working days following the indicative assessment of tenders sent to each applicant the decision to tender, the Commission has adopted for the applicant. 51. The tender Commission at this provision in paragraph 50 that decision sends a call for binding offers for the three applicants who meet these rules specified that the selection requirements and indicative quotation received the highest rating. VII. the second round of the competition. The Tenderer shall submit a binding offer to ensure applicants 52. binding offer and contribute to the evaluation of the competition Commission's impartiality, the invitation to submit a binding offer to applicants can specify submit information or require specific information or calculations. 53. together with the binding offer, the applicant shall submit to the Commission the tender proof that has paid the fee in the security binding rules specified in 24.3. 54. the applicants shall prepare and submit to the Commission the tender offer of binding a month from the date of the invitation, the Commission adopted a decision on the indicative bid of applicant assessment results. 55. The applicant submitted a binding offer, confirms that his binding offer is valid for not less than two years after the opening of the tenders in the binding. The applicant submitted a binding offer with a shorter period of validity is rejected as inadequate tender rules. VIII. selection of Applicant documents to certify the applicant's 56. compliance with the provisions referred to in chapter XI of the applicant selection criteria, the applicant shall, together with the application for the applicant (annex 3) shall submit the following documents: 56.1. the applicant a copy of the certificate of registration;
56.2. certificate issued by a competent authority for the registration of economic operators in Latvia (Latvian enterprise register) or equivalent body in another State in which it is registered and which contains the following information for the applicant: 56.2.1. country of registration and the date on which the applicant is registered in the country, which is now the European Union, the World Trade Organization or the European Free Trade Association Member States;
56.2.2. applicant's officers who have authority to act on behalf of the applicant;
56.2.3. proof that the indicative offer and the date of 10 years before the date of submission of this tender the Tenderer has not been declared bankrupt, it is not proposed to the insolvency process, its economic activity is not stopped or interrupted, not started liquidation or bankruptcy;
56.3. a copy of the license for the production of electricity at least the country of registration of the applicant, and in one of the European Union, the World Trade Organization or the European Free Trade Association of the Member State in which it produces electricity: 56.3.1. at least one power plant, in which the primary energy use solid fuels, if the solution proposed by the applicant will provide the capacity for the production of electricity using solid fuels;
56.3.2. at least one power plant, in which the primary energy used in the natural gas, if the solution proposed by the applicant will provide power generation capacity through the territory of the Republic of Latvia of the liquefied natural gas regazificēt;
56.4. If any of the provisions referred to in paragraph below 56.3 countries electricity production license is not issued, the proof that the applicant is entitled to produce electricity in this country;
56.5. tenderers or its group companies experience certificate (annex 4);
56.6. the applicant's audited financial statements for the last three years. If the applicant is part of a consolidation group in accordance with international financial reporting standards or other European Union Member States accepted accounting standards, it shall submit the audited Group consolidated annual accounts prepared in accordance with international financial reporting standards or other European Union Member States accepted accounting standards;
56.7. tenderers concerned officials signed acknowledgement of receipt of the applicant's financial situation in the last three years (annex 5);
54.1. the applicant's proof of credit rating, which it has granted an internationally recognized rating agency;
56.9. applicant's signed acknowledgement of receipt of the offer referred to in these provisions the minimum technical requirements. The information contained in that certificate must be fully coincides with the indicative offer by the applicant in the solution, and it should be prepared in accordance with the provisions of the model shown in annex 6. IX. The indicative offer 57. indicative tenders Tenderers will consist of two parts – technical and financial offer. 58. The applicant in the technical offer shall be prepared in accordance with the provisions of annex 7. 59. The applicant shall submit the planned time schedule for carrying out the project to complete the project's commissioning of the power plant, including all major stages of the project, including the design, the conclusion of contracts with suppliers of equipment, equipment expected delivery dates and project power plant commissioning of power, if one is provided. 60. The applicant in the technical offer shall indicate the estimated the total capacity of the power plant project, the split energobloko and the expected timetable for the implementation of capacity. 61. Technical offer, the applicant describes the proposed project power plants technological solutions, including at least the following information and documents: 61.1. project plant technology used, including each of the characteristics of the technological equipment of the characteristics, the list of prospective vendors, project total planned power plant construction costs;
61.2. characteristics of the power plant technology, which reduces its negative environmental impact, indicating the main environmental impact reduction features and technologies that power plant project to be able to add its commissioning (for example, air pollutant emission reduction technology, carbon capture and storage technologies);
38.1. the applicant and equipment suppliers signed letter of intent for the project the technical characteristics of the power plant under the turbine, boiler and generator supply, indicating at least the expected date of delivery of the equipment, facilities, prices, and delivery and Assembly costs, projected maintenance of the equipment and maintenance costs, as well as proof of the conformity of equipment at least 400 megawatts of electricity capacity to the production database;
61.4. power plant to be used in the description of energy, clearly indicating its allocation, where the plant will be used in various types of energy resources, the expected energy supply routes and sources, predictable costs. If possible, add energy supplier of the applicant and sign the letter of intent on energy supply;
61.5. proof that the technology used to comply with all the European Union's regulatory requirements in the field of environmental protection (e.g. noise, air pollutant emissions);
61.6. If the electricity production capacity is provided via the territory of the Republic of Latvia, regazificēt natural gas, the applicant submits that rule 61.1 61.2 38.1.,., and 61.5. information also referred to the re-gasification Terminal. 62. The applicant shall present the financial bid in accordance with Annex 8 of these rules. 63. in the framework of the financial offer Tenderer shall prepare a business plan for the operation of the power plant project, a 10-year period, starting from the commissioning of the power plant. Business plan, taking into account the provisions of articles 8 and 9 of the annex, contains at least the following: 39.2. project management model of power plants;
39.3. project description the financial model of the power plant;
63.3. project financing of power plants description of the model. Requirements for applicant x deliverable documents 64. applicants their offers-selection documents, indicative offer and binding offer submitted to the competition Commission, the sealed envelope. On the envelope: 64.1 tender Commission address specified in these provisions accordingly;
64.2. the name and address of the applicant;
64.3. "the new power generation capacity to pay";
64.4. depending on the round of the competition, whether it is binding or the indicative offer. 65. in addition to the original tender ("original") to submit two copies of it (with "copy"). If between the documents submitted as the original offer and the documents submitted as photocopies, notes the contradictions, the tender Commission shall take into account the documents marked with the "original". 66. selection documents and indicative quotation submitted in separate envelopes, the envelope bearing the mark "selection document" and "indicative offer". 67. The bid document page number according to the attached table of contents. All parts of the offer cauršuj to the documents would not be possible to separate them without damaging them. 68. The tender shall be prepared by the Latvian language, qualifications, supporting documents (such as certificates, certificates) may also be submitted in other languages, adding the translation of Latvian language. If the translation of the Latvian language is not connected, the tender may be considered by the Commission, that the document is filed. 69. If the Tenderer shall submit a copy of the document, each copy of the document certifying the Republic of Latvia laws. 70. The tender documents must be clearly legible and no errors, except the applicant and corrections of errors found that sections and evidenced by the signature of the person signing the offer next to the correction. If the tender is signed by several persons, in order to supply the documents stipulated in your edits, all of them people who signed the offer. 71. Application (annex 3) and the offer document shall be signed by the tenderer in person or other paraksttiesīg duly authorised person. If the documents are signed on the notarized powers, powers the original translation into Latvian language. 72. If the documents submitted by the applicant – application, select documents, and offer binding indicative offer – not designed according to the requirements of this regulation, the Commission may not contest judged the offer submitted by the applicant. 73. If the tender offer is submitted to the Commission documents that have supplied all the necessary information, the tender Commission shall tender may not be written notice to the applicant. 74. The tender Commission documents submitted will not be returned to applicants. 75. If the Commission, in considering the applicant's documents, establishes that the documents contain false statements, the Commission may take a decision on the applicant's exclusion from further participation in the contest. XI. the applicants Contest the selection requirements of the Commission 76. assess whether the applicant submitted a document containing the selection of information indicating that the applicant meets the following criteria for the selection of tenderers: 76.1. the last 10 years from the date of submission of tenders preten dent is registered in a country, which is now the European Union, the World Trade Organization or the European Free Trade Association Member States;
76.2. the last 10 years from the date of submission of tenders to the tenderer is not proposed in the insolvency proceedings, the economic activity is not paused or stopped. 77. In assessing the applicant's previous experience, the tender Commission shall establish whether the applicant meets the following criteria: 77.1. the applicant or its group companies over the last 15 years from the date of submission of the tender is manufactured by at least one electricity power plants in the European Union, the world trade organ are sation or European Free Trade Association Member States and which uses: 77.1.1. solid fuels, if the applicant's proposed solution provides the primary energy use of solid fuels;
77.1.2. If the applicant's natural gas, the proposed solution provides the primary energy use in the territory of the Republic of Latvia of the liquefied natural gas regazificēt;
77.2. submission of tenders the tenderer or the date of its group companies producing electricity for at least one plant in the State in which it is registered, and at least one other plant in the European Union, the World Trade Organization or the European Free Trade Association of the Member State in which the primary energy is used: 77.2.1. solid fuels, if the applicant's proposed solution provides the primary energy use of solid fuels;
77.2.2. If the applicant's natural gas, the proposed solution provides the primary energy use in the territory of the Republic of Latvia of the liquefied natural gas regazificēt;
77.3. at the date of tender applicant or its group companies produced electricity power stations, which installed the total electric power of not less than 1000 megawatts, which is used as the primary energy: 77.3.1. solid fuels, if the applicant's proposed solution provides the primary energy use of solid fuels;
77.3.2. If the applicant's natural gas, the proposed solution provides the primary energy use in the territory of the Republic of Latvia of the liquefied natural gas regazificēt;
77.4. the applicant at the date of the offer or its group companies produced electricity for not less than 10 farms in the European Union, the World Trade Organization or the European Free Trade Association Member States and total installed electric capacity of not less than 5000 megawatts. 78. the Commission shall assess whether the applicant's financial position and financial performance meets the following criteria: 78.1. tenderers or its group companies have an annual turnover in the last three years from the date of submission of tenders was not less than 3.5 billions of euros each year in accordance with the Group's audited consolidated annual accounts;
78.2. tenderers or the Group company profit before interest, Compa us income tax, depreciation, amortization, intangible assets and impairment of fixed assets over the past three years from the date of submission of the offer have not been less than 1 billion each year in accordance with the Group's audited consolidated annual accounts;
78.3. tenderers or the Group company net profit in the last three years from the date of submission of the offer have not been less than the 500 million euros each year in accordance with the Group's audited consolidated annual accounts;
78.4. tenderers or its group companies net long-term liabilities to profit before interest, tax, depreciation, amortization, intangible assets and impairment of fixed assets over the past three years from the date of submission of tenders has been in the 4:1 or less each year in accordance with the Group's audited consolidated annual accounts;
78.5. applicant or its group companies the indicative date of application is granted at least investment grade long term credit rating international, delivered by internationally recognized rating agency. On the investment grade rating within this tender is considered such an international long-term credit ratings: 78.5.1. Standart & Poor's Rating Services assigned the international long-term credit rating of BBB-or higher;
78.5.2. Moody's Investors Services assigned the international long-term credit rating Baa3 or higher;
78.5.3. Fitch Ratings assigned the international long-term credit rating of BBB-or higher. 79. The tender Commission examines the applicant's project power minimum technical requirements certification (annex 6), to determine whether the proposed power plant project technical solution to comply with this provision the requirements laid down in chapter II. XII. evaluation criteria the applicant offers 80. tender Commission assesses the applicant's technical offerings offered by the following criteria: 80.1. new electricity generation capacity (at least 400 megawatts) introduction-electricity base capacity (at least 400 mega watt) commissioning must be maintained until 30 June 2015. Most points obtained by the applicant that the electricity production capacity anticipated entry into the past;
80.2. the applicant proposed power plants technological project you tackle compliance with best available technology (BAT) – as the most points obtained by the applicant, which project power plants technological solution is best for the best available technological means. 81. The tender Commission shall assess the applicant's financial offer at the proposed gross payment capacity – most points obtained by the applicant that the proposed gross payment capacity is the lowest. 82. Each tender offer technical and financial bid evaluation criteria for the number of points and the scoring method in accordance with annex 10 of these regulations. XIII. The tender Commission 83. The applicant submitted a tender offer the evaluation of the Cabinet of Ministers created the contest Commission. 84. The competition Commission approved the Cabinet of Ministers. The tender Commission shall include nine of the following Government representatives: 84.1. Governor – three representatives;
52.3. The Ministry of economy – three representatives;
84.3. Ministry of the environment – one representative;
84.4. The Ministry of finance – one representative;
84.5. State Chancellery – one representative. 85. the Commission, at its sole discretion has the right to attract tenderers in the evaluation of the independent experts. Expert opinions and views are advisory in nature, and they are not binding on the Commission, when assessing the candidates. 86. The tender Commission shall have the right to: request to 53.5. tenderers shall clarify the information provided, if necessary the selection of the tenderer or tenderers for evaluation and comparison;
86.2. invite tender for the work of the Commission of specialists or experts in an advisory capacity;
86.3. propose the termination of the contest, not considering the reports submitted by the tenderer the tender documents;
86.4. propose a decision that none of the tender offer does not meet the requirements laid down in these rules, and to decide on the termination of the initiation of the invitation to tender, the tender's winner;
86.5. accept invitation to members of the Commission binding decisions on the organisation of the competition Commission's work. 87. The tender Commission responsibilities: 87.1. the reports submitted by the applicant to examine all documents of the selection and bid documents;
87.2. the applicant to examine the documents submitted under the procedure provided for in these provisions;
101.8. indicative offer applicants hear presentations;
87.4. perform other tasks according to the requirements of this regulation and the competition Commission regulatory documents. 88. The tender Commission of the Commission President. The front occupant to be elected by a majority of all the members of the Commission of the competition in the first contest the Commission's session. 89. the President of the Commission: 89.1. shall organise and chair the competition Commission's work;
89.2. the tender Commission meeting date and agenda according to the prescribed in these provisions, the tender procedures and time limits;
89.3. convene and chair the meetings of the Commission the tender;
89.4. the tender Commission members. 90. The tender Commission meeting. The competition Commission the minutes is signed they contest the members of the Commission who attended the relevant meeting. After the competition Commission regulator's work provides a tender Commission minutes of meetings of the storage regulations. 91. After the applicant binding the Governor tendering period specified in these provisions shall send the Ministry of Economy of the tender Commission a copy of the minutes of the sitting in which it is decided on the results of the competition, each candidate received points and the winning bidders in the competition, or the termination of the tender without competition of the successful tenderer. 92. The economic Ministry will propose to the Cabinet to decide on the tender, on the basis of the tender Commission the information contained in the minutes of the sitting. 93. The tender Commission at any stage of the tender process at its sole discretion has the right to propose the adoption of these provisions for the termination of the contest. After the competition Commission has decided to propose the termination of the tender, it shall submit to the relevant regulators, the tender Commission meeting, during which that decision was adopted. 94. If the Cabinet of Ministers has adopted a decision on the termination of the contest, the winner of the tender, the Commission shall forward the written notification to all applicants who registered for participation in the contest and to the decision of the Commission is excluded from participation in the contest. XIV. The applicant contacted the Commission 95. tenderers may put questions to the Commission about the tender invitation documents. If the competition Commission from an applicant has received a written request for tender documents, the receipt of the written response prepared and with a question send it electronically (if the applicant has supplied an e-mail address) or by fax (if the applicant specified fax number). The request and the response received by the tender Commission, without identifying the applicant who requested more information or clear to you, by post be sent to all applicants who registered for participation in the contest. 96. The tender Commission responds to questions about the applicant binding offer document content in the same order as specified in this rule 95, but the answers are sent only to those applicants that the tender Commission in accordance with the procedure laid down in these provisions is invited to submit binding tošo at supply. 97. the exchange of information between the tenderers and the tender Commission can happen in both Latvian and English. 98. The applicant to determine where those rules for the submission of tenders expires may amend or withdraw your offer. The closed envelope specifies that rule 16.1. information referred to in paragraph below, as well as additional lag indication-"amended" or "recall". If a tenderer withdraws his tender, it shall not take part in the competition, and the competition Commission will not consider it a selection submitted documents or tender documents. 99. following these rules in a particular tenderer indicative date for submission of tenders the Tenderer has submitted any selection or document included in the indicative tender document can not be edited unless the tender Commission has extended the deadline for the submission of tenders. 100. in order to prepare the tender, the tenderer of their funds can attract professional s financial, technical and legal advisers. Neither the Governor nor the competition Commission does not provide any financial, technical and legal advice in relation to the applicant's participation in the contest. Tenderers shall bear all independently with the preparation of the tender offer (document selection, indicative and binding offer document preparation) and participation in the contest the expenses under these rules. 101. the Commission does not Contest organised by the project of the construction of the power plant site visits or other measures that provide additional information for applicants for the contest, as well as the subject of the tender Commission shall give applicants any explanations on laws of the Republic of Latvia and the European Union applicable binding conditions of the documents and their application in practice. XV. The tender, the contract is signed with the successful tenderer in the tender tender Commission 102 this provision prescribed in paragraph 92 of the Guide to the approval of the candidates winning in the second round of the competition, i.e. the assessment by the Commission of the reports submitted by the applicant to the binding offers, has won the highest number of points. 103. A contract for the payment of power monitor (annex 1) signed a month after the Cabinet decision on the tender result. 104. A contract for the payment of power monitor (annex 1) State behalf signed the institution determined by the Cabinet of Ministers with an individual decision taken to these rules for the contest. 105. Simultaneously with the contract for the power forward payment of the monitoring of the implementation of provisions in the competition the successful tenderer shall sign a contract with the transmission system operator on the capacity of payment of the order, which corresponds to the provisions laid down in annex 2. The contest winner and Latvia in the transmission system operator shall have the right to agree on the rest of the power contained in the contract, payment of the order. XVI. the contest winner's refusal to conclude a contract, the winner of the tender for the next discovery 106. If the winning tenderer accepted any reason refuses to sign the contract for the payment of power monitor (annex 1), Ministry of the economy driven by approval of the winning tenderer who submitted a binding offer is assessed as the next best. 107. If this applicant, which is confirmed by the Cabinet of Ministers for the next contest winner according to these rules the conditions of paragraph 106, not signed agreements this provision in paragraph 103 and 105 in the order and within the time limits, the Ministry of economy driven by approval for a third of the winning applicants that submitted the tender Commission sais toš deals. 108. The contest winner chosen from only those tenderers who have submitted a binding tender Commission offers and which binding offers meeting the requirements of this regulation. 109. If none of the three applicants in accordance with the procedure laid down in these provisions and deadlines have not signed this rule 103 and 105 contracts referred to in paragraph, considered that the contest is concluded without result. XVII. Closing questions 110 tender Commission informs applicants if the contest progresses have been received from the European Commission that the object of this contest is recognized as State aid of the Treaty establishing the European Community, within the meaning of article 87(1) and received an outright ban to provide such State aid, or received any binding on the Republic of Latvia to the European Commission's instructions that affect this provision and 103. 104. the above terms. 111. If the Republic of Latvia laws by the competent authority of the duly receives clear and unequivocal ban to implement those provisions of the proposed support mechanisms (the subject of the competition – to realize the production capacity due to be imposed) upon the determination of the winner, the winner has the right not to sign these rules 103 and 105. agreements referred to in paragraph 1. Prime Minister Godmanis economic Minister i. k. Gerhard annex 1 Cabinet 2008 December 22, Regulation No 1112 contract project for the power condition of the payment of the supervision of the execution of Riga, 20 _ _ _ _ _ 2004. ____ _____ contract between ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___, ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ that Act on _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ (hereinafter referred to as the customer), on the one hand, and the _____ _____ _____ _____ _____ _____ _____ _____ (contest winner) which is a ____ ___ ____ ____ ____ ____ registered company ____ ____ ____ ____ ____ ____ ________, (place) on (name, registration data) represented by _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ (name, surname, the basis of representation ) (hereinafter investors), on the other hand, considering that: 1) of the electricity system of the Republic of Latvia is of the European electric systems isolated power system because it, except for the interconnection with Lithuania and Estonia power systems and 350 megawatt power DC power cable with Finland, which is not included in the transmission system operator, are not synchronous connection to the European electricity systems. All electricity traders are not equally free to approach this connection to use commercial transactions, and the Latvian electricity market can only function as the Baltic region or national market; 2) Latvia's transmission system operator joint stock company "high-voltage network" annual evaluation of the year 2007 forecast negative total capacity of Latvia's balance sheet, which provides total power shortage in 2012 respectively 600 megawatts and 550 megawatts in 2015, thus the Latvian energy capacity is insufficient to cover the requests for capacity; 3) Latvian electricity market activities are not undertaken new electric energy producers, which provide the necessary electricity production capacity, although the Republic of Latvia has fulfilled all of the European Union (hereinafter EU) demands for liberalisation of the electricity market and has created all the prerequisites for a new manufacturer to enter the electricity market of Latvia, including no legal impediments that hinder the production capacity of the installation of the electricity market Act article 22; 4) according to the electricity market Act, the conditions of article 23, where the territory of the Republic of Latvia is found, the production capacity of electricity scarcity which threatens the national security of energy supply, the Ministry of the economy, according to the transmission system operator of the information provided and the assessment report, proposes to issue a tender for new generating capacity, implementation or reconstruction of existing plants to increase their power. A decision on the invitation to tender is accepted, the Cabinet of Ministers. The object of the competition is to be introduced into the electricity generation capacity of the base pay; 5 payment of such capacity) as one of promoting the security of electricity supply mechanism also provides for 26 June 2003 of Directive 2003/54/EC of the European Parliament and of the Council "concerning common rules for the internal market in electricity and repealing Directive 96/92/EC", as well as of 18 January 2006, the Directive 2005/89/EC of the European Parliament and of the Council "on measures to safeguard security of electricity supply and infrastructure investment"; 6) according to the above, the Republic of Latvia and the EU laws and conditions, as well as respecting the transmission system operator, joint stock company "high-voltage network" messages for the specified conditions, the Cabinet of Ministers of 22 December 2008 adopted Regulation No 1112 "rules on the introduction of electricity production capacity due to tender" (hereinafter-rules), which determined the order in which the public service Commission shall regulate and organise the new electricity generation capacity due to the contest (hereinafter referred to as the competition); 7) rules provide that, in order to receive payment for the electric power capacity, the winner must meet certain requirements for capacity and its source to be implemented, including:-the successful candidate in the territory of the Republic of Latvia to introduce new energy production base, i.e. electric power net capacity of at least 400 megawatt power plant, which provides the basis for not less than 6 000 hours during the reporting period; -winner in General should be implemented no fewer than 400 megawatts of net electrical power. Payment is performed only on the net electrical capacity of up to 400 megawatts; -electricity production capacity to provide power for the installed electric capacity of not less than 200 megawatts and not exceeding 400 megawatts, which are installed in one contest winner farms; -electricity production capacity to the extent that must be put into service until 30 June 2015. -electricity production capacity to provide power for the energy which is used for solid fuels and at least 10% of the total amount of energy used (tonnes) is biomass or in the territory of the Republic of Latvia in the liquefied natural gas regazificēt; 8) provides that the provisions of the electricity production capacity will be paid a maximum of 10 years, starting from June 30, 2015; 9) rules provide that the investor complies with the requirements for the selection of tenderers and the investor the offer submitted on the subject of the tender received the highest number of points. According to the decision of the Cabinet of Ministers (20 __ of ___. _______, no ____) is approved for the contest results and investors is recognised as the winner of the contest; 10) has provided proof (____ of ___. _ ___ _____ of the letter of intent) that the power plants will be built [address, land cadastre number, area, etc. information] (hereinafter referred to as the site) and the investor with the owner of the land has entered into a letter of intent for the purchase of land or lease agreement; 11) the electricity market law capacity payments (hereinafter referred to as the capacity payment) can be recognised by the introduction of State aid of the Treaty establishing the European Community, within the meaning of article 87, the Republic of Latvia and the Ministry of Finance has initiated the person granting such aid in coordination with the European Commission. This may affect the validity of this agreement and the conditions of the contract; 12) electricity market article 23 of the law provides that payment of the winning power, i.e., the investor pays the transmission system operator, and the date of this contract license for provision of the transmission service in the territory of the Republic of Latvia of issued shares to the public is "high-voltage network" (registration No. 40003575567, registered office Dārzciem Street 86, Riga, LV-1073, the public service Commission issued the license No. E12001) to the investor at the conclusion of this Treaty, signed the agreement on payment of capacity calculation and payment order (hereinafter referred to as the power of the Treaty). Customers and investors (hereinafter referred to as the parties) have agreed on such a treaty. 1. Subject of the contract 1.1. Parties this Agreement shall be concluded to facilitate the supply of energy of the Republic of Latvia, of the introduction of the new electricity generation capacity, paying investors in the electricity market Act, the provisions of article 23 of the capacity payments according to the provisions in this agreement, and the investors and the transmission system operator with a signed contract of payment capacity of the procedures laid down. 1.2. the Investor undertakes to implement the new electricity generation capacity, which meet the conditions of the competition, and this agreement, the investor and the transmission system operator of the contract concluded by the requirements of constructing a new power plant in the territory of Latvia. 1.3. the construction of a new power plant in this agreement refers to the new electricity generation capacity required for the implementation of the power plant and related infrastructure, including construction of the transmission network, energy resources supply, processing and storage infrastructure (also in the construction of the Terminal fikācij regaz if primary energy used in power plants is in the territory of the Republic of Latvia natural gas regazificēt) (hereinafter referred to as the plants). 1.4. The Investor agrees to build a power plant tender binding offer within the construction site concerned during the periods laid down in this agreement, as well as to the putting into service of at least 400 megawatts of electricity generating capacity and ensure power plant start-up and operation in accordance with the agreement and the power of payment terms. 1.5. technical specification power plant (hereinafter referred to as the technical specifi cations) are attached in annex 1 of this agreement. The power plant's construction phase and work deadline table (hereinafter referred to as the construction phase description) attached in annex 2. 1.6. The parties signing this agreement, declare that they have understood that this Treaty investor any guarantee or other promise that from investors will purchase the plant produced electricity or in any other way provide or promote investor-owned power plants in electricity sales. 1.7. in order to comply with the electricity market Act, the conditions of article 23 on power, payment of the investor at the same time with this contract is signed by the contract for the payment of power capacity calculation for payment and payment arrangements with the transmission system operator. 1.8. The power of payment specified in the contract, the investor's right to receive payment of the capacity of the transmission system operator is fully independent from the investors in meeting the obligations, i.e., from the date of construction of the power plant construction site and start-up the time limits provided for in this agreement, as well as from the power plants operating under the conditions of the present agreement, subject to the payment of capacity requirements contained in the Treaty. 1.9. The parties agree that this contract will build investor conditions power plant and provide new power generation capacity (at least 400 megawatts) commissioning until 30 June 2015. 2. the Investor during the construction of the power plant 2.1. Investors undertake independently at its own discretion and at their own expense to take all the necessary measures to comply with this part 1 of the Treaty, the requirements and the conditions and put into service a new electricity generation capacity of at least 400 megawatts of this contract within the time limits laid down in paragraph 1. 2.2. Investor provides full rights to use the site throughout the duration of this agreement pursuant to part 3 of the contract requirements. If an investor uses the site, based on the rental agreement with the owner of the construction site, the investor shall perform a closed construction site rental agreement terms and conditions do not allow that the site owner should a legal framework to end the lease legal relations with investors. 2.3. The Investor under the contract provides that the construction of the power plant, as well as electricity generation capacity (at least 400 megawatts) and all the plant commissioning and operation occurs according to the laws of the Republic of Latvia, providing funding independently of the power plant construction project implementation and start-up. 2.4. to ensure the implementation of the Treaty point 2.3, the investor shall at least: 2.4.1. receive all necessary licenses and permits the construction of the power plant and its operation in accordance with the laws of the Republic of Latvia provides for licences will be valid for all the power of this agreement and payment for the duration of the contract; 2.4.2., at its own expense, and independently made all the necessary checks and receive opinions (also environmental impact assessment) that are required for the construction and operation of the power plant construction site according to the laws of the Republic of Latvia; 2.4.3. independently and at their own expense have contracts with subcontractors for plant design, construction, and other relevant work; 2.4.4. in order not to deter investors in meeting the obligations, ensure the fulfilment of the contracts of their own as a Subscriber does not allow that the subcontractor terminate contracts with investors investor defaults. 2.5. Power plants construction and performance of this agreement, the investor does not permit such conditions (also from investors for the subcontractor), which could be delayed by this Treaty the time limits set out in annex 2 and the power plant does not get started this contract within the time limits laid down in paragraph 1. 2.6. The Investor undertakes to provide the customer's request, the necessary information on the progress of the implementation of the project in addition to the information to be provided in this agreement, part 5. 3. Power plant construction site 3.1. Investors, ensure that the power plant will be built and put into service in accordance with the procedure laid down in this agreement, the site chosen by the investor in the contest progresses. 3.2. The Investor agrees to enter into a lease agreement for the land on which the building is located, or to conclude a purchase agreement with the land owner and submit it to the customer within two calendar months after the date of signature of this agreement. 3.3. If investors conclude a rental contract for the lease of the land on which the building is situated, the parties agree that the lease will contain the following conditions: 3.3.1. rental period may not be less than the capacity of the contractual payment deadline, which originally intended to make a power payment an investor; 3.3.2. the lease agreement provides for the right of investors to make a building, that is, land to build a power plant. 3.4. the Investor is solely responsible for the construction of the project with the owner of the land (in the case of leasing), as well as the power plant for the construction of the necessary permissions and consent from local authorities in whose territory the place of construction. 3.5. The client assumes no responsibility and shall not be obliged to reimburse investors for any expenses or damage suffered, if the local authority in whose territory the place of construction, in exercising its competence territorial planning, do not give permission for the construction of power plants and (or) activity or any other power plant construction project at the stage of harmonisation is not approved for construction, and (or) are not received planning permission for the construction of power plants. 3.6. The Investor has the right to unilaterally withdraw from the execution of this contract further, if the local authority in whose territory the place of construction, during the operation of this agreement, change the use of the territory (the allowed use), as it is not possible to approve power plants construction and (or) to get a building permit for the construction of power plants, or other power plants construction. 3.7. The Investor according to the law must ensure power plants requires the electricity transmission network construction of connection and other necessary infrastructure, providing funding to the following independent connection and infrastructure for creating and construction. 3.8. If, after the entry into force of the present agreement are amended by the Republic of Latvia laws so as to affect the investor's rights provided for in this Treaty obligation deadlines, the parties agree that the investor does not apply the penalties provided for in this agreement for breach, but this does not exempt investors from the obligations laid down in this Treaty. If these amendments shall enter into force for the duration of this contract, the investor with a Subscriber shall agree on the relevant provisions of this agreement. 4. The period of validity of the contract and its termination before the deadline 4.1. the contract shall enter into force when it is signed by the authorised representative of any of the parties. 4.2. the contract is binding on the parties to the power contract period for payment, except this Treaty laid down in paragraph 4.3. 4.3. The client is entitled to terminate the contract unilaterally in the following cases: 4.3.1. six months after the conclusion of this agreement, the investor is not entered into lease or purchase agreement with the owner of the land on which the building is situated, and (or) the lease agreement does not conform to this agreement, 3.3; 4.3.2. the calendar year after the date of signature of the contract is not made of this Treaty Annex 2 contains measures (that is, the law is not harmonised in power plants projects not carried out an environmental impact assessment, permits have been received, not initiated other measures needed for the construction of the power plant), and can therefore be considered that the power plant will not begin the work of this contract within the time limits laid down in paragraph 1; 4.3.3. investors do not submit subscriber information about the contracts, including for the funding and contracts with subcontractors on construction of power plants, in accordance with article 5 of the procedure set out in part; 4.3.4. the investor does not receive planning permission or any other licenses/permits required before the commencement of the construction or operation of the power plant; 4.3.5. in annex 2 of this agreement for a specified time after the receipt of a building permit investors do not start power plants construction works or the stage of the execution is delayed by more than six months; 4.3.6. built the power plant does not meet this contract technical requirements (annex 1); 4.3.7. investors have unilaterally backed out of the contract payment capacity; 4.3.8. in the course of the competition the investor provided wholly or partially false information, thus affecting the capacity of this agreement and the payment of contractual obligations to the investors. 4.4. Investor report subscriber, if the investor provides or should anticipate some of this Treaty mentioned in paragraph 4.3 of the membership or the conditions of the present agreement in annex 2 for time limits is delayed for more than three calendar months. Pursuant to this the point of the contract notice shall inform the investor about the causes of those circumstances, their impact on future power plants during the construction process, as well as on proposed action to reduce power plant construction delays. 4.5 If the customer for the duration of this agreement establishes that joined some of this Treaty mentioned in paragraph 4.3 and the parties have not agreed on the construction phase the time limit provided for in the description of the changes, the subscriber sends the investor statement on non-compliance established by inviting investors to prevent removal of the conditions of the contract. 4.6. If the 30 calendar days after this contract referred to in point 4.5 Subscriber communication, investors do not resolve the resulting contract irregularities or the parties have not agreed upon the situation, acceptable to both parties, the customer shall have the right to unilaterally withdraw from this agreement by written notification to the investor. 4.7. The Investor has the right to unilaterally withdraw from this contract further due only after the power plant operation is started when all the power provided for in the contract for payment conditions payment of power. This condition does not apply to contract 3.6 down investor's right to withdraw from the contract. 4.8. The parties agree that in the event of termination of this agreement, force loses power also payment agreements concluded at investor with this contract. 5. provision of information 5.1. Investors submit subscriber reports on the performance of the work under this contract as specified in annex 2 of the construction phase of the plan. 5.2. Investors undertake to inform the client on each specified in annex 2 of the construction works of the end of the month following the date specified in the respective stages of the implementation deadline. 5.3. the investors in their reports certify that the project implement NASA stage is completed, as well as a statement of the facts indicated in the documentary evidence (copies). The Subscriber has the right to request further clarification on the conditions listed in the report and require the original documents, copies of which have been submitted to the customer. 6. Liability for non-compliance with conditions of the contract 6.1. Subscriber shall inform investors about this agreement, the following paragraphs in the application of the penalties provided for by sending a notice to the investor in accordance with the procedure laid down in this Treaty. The investor according to the conditions of the present agreement applies penalties to be paid by the Subscriber in the first request. 6.2. The Investor is obliged to pay a contractual penalty of EUR 5 000 for each day of delay, if the investors hampered any of this agreement is set out in annex 2 work terms. 6.3. If the investor is hampered by this Treaty, the time limits referred to in paragraph 1, in addition to the penalties referred to in paragraph 6.2, the capacity is adjusted payment capacity payment in accordance with the procedure laid down in the Treaty. 6.4. If the investor is hampered by any report referred to in this agreement, the deadlines for the submission of customer power plants during the construction phase, the investor is applied to the fine to EUR 5 000 for each day of delay. 6.5. If the investor does not sign this Treaty laid down in paragraph 7.4. contract amendments, the investor is applied to the fine to EUR 5 000 for each day of delay, when investors don't have principals to prepare the contract signed by the amendments. This penalty is applied, beginning with the tenth working day following the sending of the contract amendment to the investor. 7. The power of payment as possible in alignment with State aid the European Commission 7.1. Investors are informed that in accordance with EU law and this agreement, the payment terms of the contract, the capacity of the power provided for payment can be regarded as State aid (the Treaty establishing the European Community, within the meaning of article 87) and has launched this agreement and the payment capacity of the harmonisation of the conditions of the contract with the European Commission. 7.2. The customer shall immediately inform investors, if during the operation of this agreement in accordance with the procedure laid down by the legislation of the European Commission is received clear and unequivocal ban to give State aid (to execute this agreement and the payment capacity of the subject of the contract – power where power is considered to be State aid) or received any binding on the Republic of Latvia to the European Commission's guidelines, which affect the terms of this agreement. 7.3. If the competent authorities in the EU in accordance with the procedure laid down by law and clearly prohibits the exercise of this state aid provided for in the contract (to execute this agreement and the payment capacity of the subject of the contract – the power of payment if payment capacity is considered to be State aid), then this agreement and payment capacity contract ceases to exist as though they would never have been concluded, the parties have no correlation in this regard, and they undertake not to nominate one another any claim or claims for damages or other charges. 7.4. If the competent authorities of the EU laws in order for Latvia to such binding guidelines and recommendations on this contract and payment, contract capacity affecting the conditions of contract, the parties are obliged to agree on amendments of this agreement to contract conditions meet the requirements of the competent authorities in the EU. 8. other obligations of the parties 8.1. payment of computation Power, pay and payment conditions for the termination of the payment of capacity regulation agreements concluded with the investor agreement. The parties agree that if any reason terminates the contract of payment capacity, at the same time lose legal force also in this contract. 8.2. If the capacity of this agreement and payment for the duration of the contract is terminated, the company's "high tension network" transmission system operator issued a license in the territory of the Republic of Latvia and the transmission system operator's license gets the other entity, this agreement will remain in force. 8.3. Upon this Treaty mentioned in paragraph 8.2., the investor shall take all necessary action to ensure that the contract for the payment of capacity calculation and payment arrangements are concluded with the bodies that has come to the transmission system operator's license in the territory of the Republic of Latvia. 8.4. The parties agree that the new transmission system capacity calculation of duty concluded and payment terms must be equal to the capacity of the payment terms of the contract concluded with this contract. Any changes and amendments to the contract for payment of the new capacity (i.e. the deviation from the existing capacity of the payment terms of the contract) requires the previous written consent of the Subscriber. 8.5. The parties agree that the contract with the new transmission system operator on the capacity calculation of payment and payment procedure shall enter into force only upon the written approval of the principal. 9. Force majeure 9.1. Parties are not responsible for the discharge of obligations, if there are cases of force majeure (such as natural disasters, war, any war, the nature of the terrorist attacks), which the parties could neither predict nor prevent. In this case, the due date of the liability is deferred on the period within which the work of these conditions. 9.2. the parties whose activity makes it difficult for reasons of force majeure circumstances, shall immediately inform the other parties, adding any information proving the cases of force majeure, and point to the following cases of force majeure, the impact on the performance of the contract, and every effort should be made to mitigate the consequences of force majeure. 9.3. In case of force majeure circumstances affecting this contract or its deadlines, but this agreement may be executed, however, the parties will coordinate future action with regard to the implementation of the contract and the time. 9.4. The Investor is not entitled to require compliance with the obligations deriving from the agreement to facilitate the connection with legislative changes, except when the law changes are those that directly restrict or prohibit investors to execute this contract or the payment capacity of the conditions of the contract. 10. the representatives of the parties 10.1. Customer Representative during the term of the contract _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (the institution that supervises the execution of the contract) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ (contact information) 10.2. Investor representative contract period ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ (name) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ (contact information) 10.3 10.1 and 10.2 of the contract specified in point the representatives of the parties without further authorisation request is obliged to cooperate in the implementation of this agreement specified the rights and obligations of the parties. 10.4. the parties referred to in the Treaty are to be considered as representatives of persons entitled to represent the full extent of the parties under the contract. The parties have the right to believe that any of the following acts or omissions of representatives, appropriate coordination with the relevant parties, and thus fully expresses the position of the parties in connection with this contract. The parties are not in addition to check the following powers of the representatives of the parties concerned. 10.5. the change of the representatives the Parties shall notify each other in writing, specifying the date on which the authorisation takes effect. Change the effective date can not be earlier than the date of receipt of the notification. 11. Exchange of information between the parties 11.1. If the parties do not agree to this agreement, or otherwise, any communication between the parties during the term of the contract, including a variety of reports, statements and notices, shall be given in writing by sending by registered mail or by submitting the personal representatives of the parties against acknowledgement of receipt. Any document is considered to have been received on the fifth working day after it was sent by post, as evidenced by the postmark. If the notice is delivered personally, the representative parties considered that it is delivered to the appropriate parties when the notification is issued against the signature of the representative of the parties. 11.2. The parties consider the documents submitted in the course of seven working days, unless the contract provides no other consideration, or parties in submitting the relevant documents, agree to a different date. 12. Disputes 12.1. Any disputes are resolved in the context of this agreement, and the agreement will be construed in accordance with the laws of the Republic of Latvia. 12.2. Power plants project design, approval and construction disputes relating to this contract obligations, investors with third parties (including with municipalities, the associated subcontractors) addressed independently. 12.3. disputes between parties is resolved in negotiation, protokolēj appointments. The parties are negotiating the protocol attached to this agreement and shall form an integral part thereof. The representatives of the parties to the Protocol of signature to create between the parties in the agreement on the decisions reflected in the Protocol. 12.4. If the parties fail to agree on issues related to the built in power plants with the added power plants to the contract technical specifications and requirements of the legislation, the question turns to the evaluation by an independent expert or experts to the Commission. Inspection shall be borne by the investor. If the independent expert or experts, the Commission acknowledges that the power plant does not meet the requirements of this agreement, Subscriber shall have the right to unilaterally withdraw from this contract. 13. Closing questions 13.1 the contract and all its annexes, document submitted by the investor on the basis of which the investor was recognized as the winner of the contest, as well as investors and the transmission system operator of the agreement (capacity payment agreement) constitute mandatory enforceable obligation of the investor. 13.2. The Investor has the right to submit this agreement for credit institutions, the choice for this agreement and the agreement with the transmission system operator the prescribed investor commitments necessary financing. 13.3. If any of the conditions of the contract void, this shall in no way affect the other terms of the contract validity. 13.4. all amendments to the agreement on the termination of the agreement or any other agreement of the parties in connection with this agreement are designed and written after the signature of the authorised representatives of the parties, are connected to the contract and becomes an integral part of it. 13.5. the contract has the following annexes, which form an integral part: 13.5.1.  Annex 1 – power technical specification for 1 lp.; 13.5.2. Annex 2-power plant construction plan for 1 lp. 13.6. The agreement is drawn up in duplicate in the Latvian language with the same legal effect. Each of the parties has received a copy of the contract. 14. signatures of parties and the principal INVESTOR ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ __ annex 1 to the Treaty on the payment capacity of the supervision of the execution of the power plant's technical specifications 1. Power plant complies with the following parameters: 1.1 the power plant is located in the territory of the Republic of Latvia; 1.2. power plant is ready to operate the base mode, providing electric power production base net electric power of not less than 400 megawatts; 1.3. in power plants of one single power installed electrical capacity of not less than 200 megawatts and a maximum of 400 megawatts; 1.4. power plant electricity production capacity provides the power that the primary energy is used for solid fuels and at least 10% of the total amount of energy used (tonnes) is biomass or primary energy is used in the territory of the Republic of Latvia in the liquefied natural gas regazificēt; 1.5. power plant located in the construction site, chosen by the investors in the course of the contest, and the plant is ready to use primary energy (or mixtures thereof) according to investors in the tender specified proportions; 1.6. power plant complies with the conditions of the PUC network code (approved by 16 January 2008. decision No 16), and other power plants safe operating conditions. 2. the concept of explanation used: 2.1.-NET base capacity of the electric power plant, which provides the operating base and which is accurately predicted at least one day ahead; 2.2. base mode-power mode of operation in which it is working no less than 6000 hours in the reporting period with the power that corresponds to the installed power with a net electric power of not less than 400 megawatts; 2.3. the net electrical power – power plants installed electric capacity, minus the personal capacity of the power plant; 2.4. the power-one engineering unit, which in the framework of the project the power plant provides electricity production capacity; 2.5. installed capacity (installed electric power) – production of electric power that could provide power plant installed by the manufacturer and which are expressed megavato; 2.6. power plant, power plant, which provides electricity to at least the base power and control power, but can also provide additional heat energy and other forms of energy production; 2.7. the primary energy-fuel used in power stations; 2.8. reporting period-the period for which is made power plants installed capacity and availability of primary energy used in the records and calculated the capacity payment to be paid to the investor.
  2. the annex to the agreement on the payment of power monitor power plants main construction phase plan * no PO box power plants construction stage due 1. Construction site rental or purchase contract is signed by the owner of the land within 2 months of the date of signature of the Treaty of 2. required filing of applications for the connection of technical regulations for receipt and transmission network construction of special connection in the month after the construction site of the signing of the lease 3. Contracts for the provision of financing ** 4 months from the date of signing of the contract 4. proposed operational impact on the environment application of the assessment by the competent authority within 3 months from the date of signing of the contract construction 5 filing in būvvald ** 3 months from the date of signing of the contract 6. Design (sketch design and technical project) within 3 months of the conclusion of the construction application 7. Agreement with the construction general contractor ** 12 months after the date of signature of the contract 8. Agreement with the transmission system operator on the construction of special connections within 12 months of the signing of treaty 9. Agreement on building and autoruzraudzīb for 12 months contract 10. the signing of the construction permit application and other required licenses application ** 18 months after the date of signature of the contract the construction works started 11 ** (also a special connector construction) not later than 24 months of construction period 12 ** (single-step execution/construction completion deadlines depending on the project) 13. Fuel supply contract for solid fuel deliveries to the extent required * at least 6 months before the commissioning of the application 14. to get the category A polluting activity licence for at least 6 months before the commissioning of 400 megawatts of electricity to 15 production capacity, commissioning, start-up contract deadline laid down in point 1.6. Notes. 1. If the electricity production capacity is provided via the territory of the Republic of Latvia of liquefied natural gas, regazificēt the time limits also apply to re-gasification Terminal. 2. At least in relation to the 400 megawatts of net electrical power generation capacity.
Minister of Economic Affairs k. Gerhard annex 2 Cabinet 2008 December 22, Regulation No 1112 capacity payment framework conditions of the contract on the basis of the results of the competition for new electricity generation capacity, with investors paying the transmission system operator shall conclude a contract on power charges. The contract shall contain at least the following minimum conditions. I. subject of the contract, payment capacity 1. Subject of the contract is a new electricity generating capacity. The transmission system operator investor to pay only for the net electrical capacity of up to 400 megawatts. 2. within the framework of the contract is paid for new electricity generation capacity, introduced and provided in accordance with the Cabinet of Ministers of 22 December Regulation No 1112 "rules on the introduction of electricity production capacity due to tender" (hereinafter referred to as the rules), the agreement on payment of the preconditions of power monitor, investors bid binding conditions and those laid down in the capacity of removing critical bottlenecks for accessibility, quality and primary energy requirements. 3. the fee for new electricity generation capacity consists of the introduction of binding offers the investor the specified proposed gross capacity payment that does not include value added tax (VAT) or any other taxes and (or) duties in accordance with the laws of the Republic of Latvia to apply for this payment. 4. the agreement provides that the net power to be paid to the investor payment may differ from the payment referred to in paragraph 3, if the established capacity of electricity is based on deduction and deduction under the framework conditions for the application of part IV. II. Payment arrangements 5. new electricity generating capacity, the introduction of each calendar month the investor pays a fee to be paid shall be the net power determined in accordance with part IV of the framework conditions. 6. an obligation to pay a new electricity generating capacity, the introduction of the transmission system operator occurs the day after the new Act signed 400 megawatt power generation capacity of commissioning. 7. If the new electricity generation capacity is implemented via the territory of the Republic of Latvia of liquefied natural gas, regazificēt this condition the body referred to in point 6 of the commitments enter into force only if the territory of the Republic of Latvia is also placed into service a re-gasification terminal investors with enough capacity to provide electricity for the base mode in power plant projects. If the Terminal is not placed in service, commitment to pay for new electricity generation capacity in the implementation of the transmission system operator occurs the day after the legislation was signed re-gasification Terminal commissioning. 8. an obligation to pay a new electricity generating capacity, the introduction of the transmission system operator shall end with the power contract of payment deadline or in case of breach of contract. 9. all payments and payment calculation capacity payment is made within the framework of the Treaty of European Union countries in the single currency. III. Capacity, quality and availability of primary energy 10. capacity payment remuneration under the agreement is made, if the service is transferred to the new electricity generation capacity with a net electrical capacity of at least 400 megawatts. 11. If the new electricity generation capacity is implemented via the territory of the Republic of Latvia of liquefied natural gas, regazificēt in addition to these framework conditions laid down in paragraph 10, payment shall be made only if the territory of the Republic of Latvia is also served in operation Terminal re-gasification with enough capacity to provide electricity for the base mode power plant project. 12. the power generation capacity in full is paid only if the investor has provided that the electricity produced during the period with a net electrical capacity of at least 400 megawatts and: 12.1. electricity production capacity is base capacity, i.e. the capacity, which provided electricity to at least 6 000 hours during the reporting period with a power of at least 400 MW; 12.2. the plant pay electricity production capacity is provided by using one of the following energy sources: 12.2.1. solid fuels, and at least 10% of the total amount of energy used (expressed in tonnes) is biomass; 12.2.2. The territory of the Republic of Latvia only regazificēt liquefied natural gas. 13. a capacity payment as set out in the Treaty that established the electricity production capacity ensures electricity production that meets the requirements of the electricity quality under the network code (approved by the public service Commission for the regulation of 16th January 2008. decision No 16) or a later version of the code set out in the network quality requirements, or other electricity quality regulatory requirements of legislation in force in the Republic of Latvia. 14. in the event of failure to comply with requirements on the availability and capacity of primary energy use, reduce electricity production capacity introduced payment or before the end of the period of payment capacity. 15. the new Investor introduced the electricity production capacity available, energy use of primary and other requirements for the control of the transmission system operator. IV. Deduction and payable net power determination of payment 16. Investor's proposed gross capacity payment deductions, if applicable to the newly introduced electricity production capacity does not match the competition and investor offers several predefined binding capacity, access to primary energy use and other requirements laid down in the contract for payment of power monitor. 17. the proposed power of the Investor to apply levy such deductions: 17.1. commissioning time allowance – allowance is applied if the investor electricity production capacity of 400 megawatts in operation pass later than specified in the binding offer. This deduction shall be paid net power determination of payment the same extent in all reporting periods in which the investor is paid the power; 17.2. deduction for used fuel-surcharge will apply if the investor is not provided by any of the following energy sources for the production of electricity used combinations: 17.2.1. If the electricity production capacity is provided by using solid fuels, at least 10% of the total amount of energy used (expressed in tonnes) is biomass; 17.2.2. If the electricity production capacity ensured through the territory of the Republic of Latvia, regazificēt natural gas, this type of energy (expressed in cubic metres) in the reporting period is not less than 90%. 18. the commissioning time allowance is calculated once the payment capacity for the duration of the contract, and it is suitable for the investor's gross capacity proposed for payment. The gross capacity of the proposed payment, subject to the deduction of payment capacity within the framework of the Treaty, it is called gross payment capacity. 19. A deduction for the used fuel is applied to the gross payment capacity, and it is calculated and applied separately for each accounting period. Gross payment capacity, subject to deductions for used fuel capacity payment agreement is called the net capacity payment. 20. The Investor each calendar month, the net capacity of the duty payable is determined, the net capacity of the payment application of average power availability factor, determined in accordance with the investor's farms estimated average in available capacity in the next reporting period and the resulting payment is split into 12 equal parts. 21. at the beginning of each reference period be paid in power is increased or decreased by a net payment of capacity adjustment payable for the previous reporting period: 21.1. If the net capacity adjustment payments to be paid down payment paid in power increase, this increase is applied to the fee payable for the period in which the calculated net capacity adjustment payments to be paid; 21.2. If the net capacity adjustment payments to be paid down payment reduction in capacity to be paid, it is deducted from the payments payable for the period in which the calculated net capacity adjustment payments to be paid. 22. the net power of payment payable adjustment is calculated as the difference between the previous period the investor actually calculated the net capacity payment calculated on the basis of the average power availability factor, which is determined by the position in the reporting period the volume of electricity forecasts, and payable net capacity payment calculated on the basis of the average power availability factor, which is determined by the investor's actual power plant electricity production in the previous reporting period. 23. Average power availability characterizes the calculated power of the investor electricity generation capacity, with a power plant would have worked, if they are actually in the reporting period, the volume of electricity produced is produced 6 000 hours. 24. In this part, these deductions and payments calculation capacity of the transmission system operator. V. 25. The reporting period reporting period capacity payment within the meaning of the Treaty is the period is calculated and paid, the net capacity of the payment to be paid, this period coincided with the investor's financial accounting year, determined in accordance with the laws of the preparation of the annual report. 26. capacity for determining payment used the first reporting period begins the day after the 400 megawatts of electric power net power commissioning of the power plant, signed (with a total net electric power of at least 400 megawatts) commissioning. 27. capacity for determining payment used the first reporting period ends and the next producer (investor) the period for which the company's annual report in accordance with the laws and regulations of the preparation of the annual report. 28. The next and all subsequent imposition of capacity to be used for the review periods coincide with the annual financial statements of the investor. 29. If the review period is shorter or longer than 12 calendar months, the base used in this agreement, the power of the minimum number of hours of availability, and other indicators of availability of capacity change in direct proportion to the specific changes in the reporting period. Vi. duration of Contract and termination of payment of 30 Power contract is in force and is binding on the Parties until 30 June 2025, if one does not preclude others in this part of the framework conditions. 31. The transmission system operator shall have the right to unilaterally terminate the contract of payment capacity if: 31.1. with investors in a contract concluded as a prerequisite for enforcement capacity for payment of the delayed construction of the power plant so that the power generation capacity of at least 400 megawatts are not put into longer than 18 full calendar months after investors in the binding specified in the tenders for electricity production base power commissioning date; 31.2. the average power factor is the availability of at least one accounting period has been less than 300 megawatts; 31.3. two complete consecutive reporting period the average capacity factor of availability in each accounting period was less than 400 megawatts; 19.5. in accordance with the transmission system operator's records for the preceding reporting period of the power generation capacity of at least 400 megawatts were available in the amount of less than 4 000 hours during the period in question; 31.5. in accordance with the transmission system operator's records for the preceding reporting period of the power generation capacity of at least 400 megawatts were available in the amount of less than 6 000 hours in any period of at least two reference periods; 19.6. at least one actually used in the reporting period the overall amount of energy depending on the new capacity for the production of electricity used to power plant: 31.6.1. biomass constitutes less than 5% of the total energy used in the reporting period, the volume, expressed in tonnes; 31.6.2. The territory of the Republic of Latvia of liquefied natural gas in regazificēt, less than 90% of the total energy used in the reporting period, the volume, expressed in cubic metres; 19.7. two consecutive reporting periods are actually used in the overall primary energy depending on the amount of new capacity for the production of electricity used to power plant: 31.7.1. biomass, less than 10% of the total energy used in the reporting period, the volume, expressed in tonnes; 31.7.2. The territory of the Republic of Latvia of liquefied natural gas in regazificēt, less than 95% of the total energy used in the reporting period, the volume, expressed in cubic metres; 19.8. electricity reference price determined in accordance with the requirements laid down in these guiding principles, two consecutive reporting period exceeds the reference price of electricity; 19.8. the transmission system operator finds that the information provided by the investor, from which the independent transmission system operator, investor payments made are false. 32. capacity payment contract shall cease to be in force, if the force lost the contract concluded with the investor on the implementation capacity of the prerequisite to payment of the levy. VII. reference price of electricity and the price of the report 33. electricity reference price shall be the average electricity price at which the investor or the related electricity trader sells the project power plant electricity produced and that the transmission system operator in accordance with the tender winner sealed power payment terms used to define the circumstances in which termination of the capacity payments. 34. reference price calculation of electricity transmission system operator at the beginning of each reporting period, based on investor and related electricity trader submitted audited financial statements for the previous accounting period. 35. the report of the electricity price is electricity trading price, the average unit price of electricity sold to power payment under the agreement of trade in electricity, taking into account the presence of electricity transaction contract price and electricity futures contract price during the period that the transmission system operator in accordance with the investor in a closed power payment terms used to define the circumstances in which termination of the capacity payments. 36. reference price of electricity For power-pay contract and determines the lowest of the following weighted average electricity prices in the reporting period: 36.1 the weighted average electricity of the present transaction (hereinafter referred to as the spot financial instruments) of the contract price; 36.2 the weighted average one-year electricity Futures (futures, financial instruments) of the contract price. VIII. Electricity trade stock exchange 37. capacity payment agreement report of that electricity prices are used to calculate statistical data on transactions with the electricity produced in base mode trading exchanges in electricity. 38. Initially, the conclusion of the contract, payment capacity expected to report prices are used to calculate the statistics on electricity trade of electricity trade in European Energy Exchange AG stock. 39. If the capacity of the period of the contract payments that the framework conditions referred to in paragraph 38 of the trade in electricity stock ceases to exist, the transmission system operator changes the reference price used to stock exchanges. In this case, the new electricity trading arrangements must be consistent with the framework referred to in paragraph 40. 40. electricity trade exchange capacity within the framework of the contract payment is the electricity trading exchanges that meet all of these conditions: 24.9. It provides electricity trade in the European Union, the European economic area or the European Free Trade Association in the territory of the Member States; 40.2. the proportion of electricity sold within the framework of the produced power stations where the primary energy used in the energy used in electro station in which a new electricity generating capacity, compared with other trade exchanges of electricity providing electricity trade in the European Union, the European economic area or the European Free Trade Association in the territory of the Member States, the reporting period is the largest; 40.3. the electricity sold within the total turnover (pronounced megavatstund) at least one full review during which has taken place in the electricity trade with spot and Futures financial instruments, at least two times greater than investor farms amount of electricity during the period concerned. 41. use of electricity trading in the stock exchange provided suggests the transmission system operator is 180 days after the onset of conditions under which the stock exchange may be subject to change, and no later than 30 days before the end of the reporting period in which such circumstances occurred, sending the decision to amend the payment of contractual capacity. 42. The transmission system operator's decision to change the electricity trading exchanges and make amendments to the contract for payment of capacity shall be binding on both parties when it is signed by the transmission system operator and a decision is received by the investor. This decision shall enter into force in the next reporting period after the investor has received such a decision. IX. The associated electricity trader 43. capacity payments under the agreement, the reference price for electricity is determined by using the investor or trader of electricity associated with it (if any) information for the reporting period. 44. As the related traders of electricity is considered a legal entity that meets the following criteria: 44.1. it is included in the consolidation group with one investor in accordance with international financial reporting standards; 44.2. investor reporting period it sold not less than 20% of the electricity produced in the reporting period; 27.5. it is included in one group of consolidation with other electricity traders and investors together sold for not less than 20% of the electricity produced in the reporting period. X. examination 45. The transmission system operator shall be entitled at any time to conduct an investor checks to ensure the accuracy of the information provided by the investor and its right to get paid for the electricity production capacity. 46. The transmission system operator of the examination shall be communicated at least seven days in advance by sending a registered letter to the investor. 47. it is the responsibility of the Investor to ensure that the transmission system operator with the requested information, it needs to ensure that the investor's right to receive payment for the electricity production capacity and the amount of the duty. 48. Where the transmission system operator is able to identify a specific date on which the investor provided false information, the transmission system operator shall have the right to require that the investor paid in reimbursement payments for the period of capacity as of the date of providing false information, up to the completion date of the inspection.
Minister of Economic Affairs k. Gerhard annex 3 Cabinet 2008 December 22, Regulation No 1112 application of the applicant, applicant's name ____ ____ ____ ____ ____ ____ ____ _____ registration number and date _____ ____ ____ ____ ____ ____ ____ ____ a value added tax payer's registration number and date of the ____ ____ ____ ____ ____ ____ ____ _____ address _____ ____ ____ ____ ____ ____ ____ ____ actual address (mailing address) ____ ____ ____ ____ ____ ____ ____ _____ Bank details _____ ____ ____ ____ ____ ____ ____ ____ contact person: first name, last name _____ _____ _____ _____ _____ _____ ___ post ____ ____ ____ ____ ____ ____ ____ _____ phone, electronic mail address and ____ ____ ____ ____ ____ ____ ____ ____ postal address _____ ____ ____ ____ ____ ____ ____ ____ for the submission of tenders, the representative for the contest and the conclusion of the contract authorized person: first name, last name ____ ____ ____ ____ _ ____ ____ ____ ____ post _____ _____ _____ _____ _____ _____ ___ phone, electronic mail address and ____ ____ ____ ____ ____ ____ ____ ____ postal address _____ ____ ____ ____ ____ ____ ____ ____ acknowledge your participation in electricity generation capacity, the introduction of pay. Confirm that we are familiar with the Cabinet of Ministers of 22 December 2008. Regulations No 1112 "rules on the introduction of electricity production capacity due to tender" and the rules are clear and understandable. Guarantee your participation in the contest rules and requirements. Agree with the Cabinet of Ministers of 22 December 2008 rule no. 1112 "rules on the introduction of electricity production capacity due contest" in annex 1 and 2 contained a basic Treaty. Certified that all the application documents and the selection made in all our offerings of the information provided is true.

_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ (date) (signature and transcript) Economic Minister k. Z.v. Gerhard annex 4 Cabinet 2008 December 22, Regulation No 1112 applicant or its group companies for proof of experience Economy Minister k. Gerhard annex 5 cabinet 2008 December 22, Regulation No 1112 proof of financial standing of the tenderer ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ certified that our financial position over the last three years is an appropriate cabinet 22 December 2008 a Regulation No 1112 "rules on the introduction of electricity production capacity due to the competition," said conditions. The table below illustrates the financial indicators meet the tender documents for the selection of tenderers annexed consolidated financial statements prepared in accordance with international financial reporting standards or other Member States of the European Union accounting standards.

No PO box financial indicators 2006 2007 2008 annual turnover 1.2.3. EBITDA MARGIN net profit 4. NET debt/EBITDA of 5. international long-term credit Rating 6. date of award of the rating agency 7 notes. 1. Earnings before interest, tax, depreciation, amortization, intangible investments and the value of the fixed asset. 2. Long-term liabilities to profit before interest, tax, depreciation, amortization, intangible investments and the value of the fixed asset.

_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ (date) (signature and transcript) Economic Minister k. Z.v. Gerhard annex 6 Cabinet 2008 December 22, Regulation No 1112 minimum technical requirements certification certifies that our proposed new electricity generation capacity source meeting the following conditions: 1. the project of the power plant location (country, region, city, State, address) 2 power plant project in installed capacity (MW) total installed capacity 2.1 2.2 installed electrical power 2.3. NET electric power plant project 3, the total number of the installed power capacity of 4 Power (MW) 4.1 _____ * 4.1.1. installed power capacity


4.1.2. the installed electric capacity of 4.1.3. electric power NET 4.2 ….


5.400 MW of electricity capacity date of putting into operation 5.1. _____ power of putting date 5.2. ...


6. the energy used and the target amount (tonnes/year) * 6.1. primary energy sources (specify) *** 6.2. energy (specify type) 6.3. energy (specify) notes. 1. Fill out for each project in the on-site power plant, specifying its ID. 2. Fill out for each project in the energy used in power stations, indicating the type of energy. 3. If the power plant is intended for primary energy use of natural gas, this document, the following assurances: certified that independently and at their own expense will provide that service are transferred to the regasification terminal with enough capacity to provide electricity for the base mode in power plant project ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ (400 MW of electricity production capacity, commissioning date) re-gasification Terminal expected commissioning date ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _____ (date) (signature and transcript) Economic Minister k. Z.v. Gerhard annex 7 Cabinet 2008 December 22, Regulation No 1112 technical bid applicant __ ____ ___ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ Offer expires ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ Certifies that our proposed new electricity generating capacity, deployment solution for technical parameters are: the amount of the proposed offer a measure of energy use (including aspect ratio, if you are using multiple energy): primary energy sources (specify) amount (%), energy (specify) amount (%), energy (specify type) year (%)

The planned 400 MW of electricity production capacity, commissioning date _____ _____ _____ _____ _____ note. * indicates information of all types of energy, which is to actually use the power plant project.   The technical proposal added the following information: 1. The implementation of the project in time to complete the project's commissioning of the power plant, including all major stages of the project, including the design, the conclusion of contracts with suppliers of equipment, equipment expected delivery dates and project power plant commissioning of power, if one is provided. 2. the total capacity of the power plant project, the split energobloko and the expected timetable for the implementation of capacity. 3. power plant project description of technological solutions, which include at least the following information: project 3.1 technological solutions used in the power plant and equipment characteristics, t.sk. energy supply, processing and storage technologies, the expected equipment suppliers, equipment manufacturing and installation costs and the time required. Add the tenderer and a supplier of equipment to the signed letter of intent for the project the technical characteristics of the power plant under the turbine, boiler and generator supply, indicating at least the expected date of delivery of the equipment, facilities, prices, and delivery and Assembly costs, projected maintenance of the equipment and maintenance costs, as well as proof of the conformity of equipment at least 400 megawatts of electricity capacity to the production database; 3.2. project description the power technology, which reduces its negative environmental impact, indicating the main environmental impact reduction features and technologies that power plant project to be able to add its commissioning; 3.3 power plant energy use in the project description, indicating its allocation, where the plant will be used in various types of energy resources, the expected energy supply routes and sources, predictable costs. If possible, add energy supplier of the applicant and sign the letter of intent on energy supply; 3.4. the project power plant used in the information systems and technology, including the description of the major power plant project management information system solutions and computer technology; 3.5. the project is used in power plants and related technological solutions match the best available technology (BAT) practices. 4. the location of the power plant project, the planned connection to the electricity transmission network and other projects of power plant operation of the necessary infrastructure. If the Tenderer has been declared the winner, it adds the applicant and landowner signed letter of intent concerning land lease or sales contract. 5. project plant long-term development vision and its role in the Baltic energy system in the long run. 6. A statement that the technologies used comply with all European Union legislation requirements relating to the environment, specifying the expected project power plants emissions and noise levels. 7. the organizational chart of the project expected the parties involved in the project and the allocation of functions and responsibilities between them. Add all parties signed a letter of intent with proof of participation in the project and the allocation of functions between. 8. If the electricity production capacity is provided via the territory of the Republic of Latvia natural gas regazificēt, the technical proposal include this annex 1., 2., 3., 4., 5., 6., and the information referred to in paragraph 7 on the re-gasification Terminal.

_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ (date) (signature and transcript) Economic Minister k. Z.v. Gerhard Annex 8 Cabinet 2008 December 22, Regulation No 1112 financial offer tenderer _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ the offer expires ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ Certifies that our proposed gross payment capacity of the new electricity generation capacity, taking into account the terms of the tendering procedure, is _____ _____ _____ _____ EUR/MW per year. Financial deals attached to a business plan that includes the following information: 1. the project power plant management model description shall contain at least the following information: 1.1. estimated project power plant operator description of legal form, t.sk. the expected state of registration; 1.2. power plants and the project operator description of the form of property, including the names of the owners, home country, parts of the property ownership forms; 1.3. project and power plant operator description of organisational structure, define each of the major functions of the Department; 1.4. plants of the project staff, their distribution structure; 1.5. the project's power plant and operator's long-term financial strategy (such as specifying a stock exchange quotation, project power plant and the sale/redemption of the operator). 2. The project's power plant business model description, which shall include at least the following: 2.1 the expected major suppliers of the power plant project, t.sk. the necessary energy supply routes, the extreme costs each year, the 10-year period after the 400 MW of electricity production capacity, commissioning; 2.2. the project power plant discharges and other production residues, the planned measures to mitigation, the project's power plant CO2 emissions quota purchase costs; 2.3. electricity generation and sales approach, delivery strategies, identify the main description of the market segments, prepared the electricity production and sales plan; 2.4. the main power plant and its operator of the project contracts. 3. project financing model of power plant description includes at least the following: 3.1 the total planned power plant construction costs, broken down by items of all major design, construction, technology, connectivity and electricity system all power plant operating costs; 3.2. expected project power plants financing sources, indicating a financial volume from each source, the duration and the main foreseeable conditions. Add of guarantee from the intended funding partners for funding support for the implementation of the project to the extent necessary and in time; 3.3. the expected funding, indicating the expected capital, working capital; 3.4. estimated project farms financial indicators (prepared in accordance with international financial reporting standards), t.sk. profit and loss statement, cash flow statement, including free cash flow, balance sheet and capital budget, including all the key assumptions used in the calculation of this indicator. Financial indicators indicate the entire investment period and carry at least a 10-year period after the project's power plant (with 400 MW of electricity capacity) commissioning. The income statement is prepared in accordance with the Cabinet of Ministers of 22 December 2008 rule no. 1112 "rules on the introduction of electricity production capacity due to tender" Annex 9; 3.5. the gross capacity of the proposed payment calculation, including all the major cost items (t.sk of CO2 emissions. the expected costs) contained in the gross payment capacity, and it forecasts project power plant operations 10-year period after the project's power plant (with 400 MW of electricity capacity) commissioning. 4. If the electricity production capacity is provided via the territory of the Republic of Latvia natural gas regazificēt, the technical proposal include the 1, 2, and 3. the information referred to in point of re-gasification terminals also.

_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ (date) (signature and transcript) Economic Minister k. Z.v. Gerhard 9. Cabinet of 22 December 2008. Regulations No 1112 profit or loss 9. Annex Word Economy Minister k. Gerhards 10. attachment Cabinet 22 2008. Regulations No 1112 technical and financial evaluation of bids and the method of the applicable paragraph number 1. tenderers submitted technical and financial proposals assessed, in each tender points to be allocated to the applicant for the purposes of the following calculation methods method 1:1.1 – each applicant proposal allotted number of points is calculated using the following formula: A – paragraph 3 of this annex, the maximum number of points for each criterion; x-number of days in the calendar of new electricity generating capacity, commissioning until 30 June 2015 (including commissioning day and 30 June 2015); z is the candidate's points. If the calculation is the decimal number, it is rounded to two decimal places; 1.2. method 2 – each tenderer shall quote the number of points awarded are based on the applicant's technical tender power plant technology in compliance with the best available technology (BAT) as each of the following categories: no categories BC to be awarded the number of points 1.2.1. Fuel and handling and storage of additives in consistency with the BAT 1 paragraph 1.2.2. Fuel pretreatment compliance BAT 1 paragraph 1.2.3. Fuel efficiency compliance BAT 1 paragraph 1.2.4. Particulate matter (dust) emissions compliance BAT 1 paragraph 1.2.5. Heavy metal emissions in compliance with the BAT 1 point 1.2.6. emissions of SO2 consistency with the BAT 1 paragraph 1.2.7. NOX emissions compliance BAT 1 paragraph 1.2.8. CO emissions in compliance with the BAT 1 paragraph 1.2.9. Water pollution compliance BAT 1 point 1.2.10. waste and surplus (slag and ash) compliance with the BAT 1 point total 10 points if the project's power plant technology meets the best available technology (BAT) as a separate category for such compliance shall be granted one point. If the total or partial non-compliance, the Tenderer shall quote the relevant points are not assigned category. The project's power plant technical compliance of the offer the best available technology (BAT) as assessed by applying the best available technology that is available in the description of the document "in the integrated pollution prevention and control, reference document on best available techniques in large combustion plants" (Integrated Pollution Prevention and Control, reference document on best available techniques for large Combustion plants, July 2006) or the latest version of the corresponding document, if any, prepared to offer a binding submission deadline; 1.3. method 3 – each applicant proposal allotted number of points is calculated using the following formula: A (x, q) = z (x, y) which (A) – point 3 of this annex, in the maximum number of points for each criterion; x – the largest applicant proposed gross payment capacity binding tenders; q-specific binding of the tenderer in the tender specified gross capacity; y-the lowest bidder proposed gross payment for tenders binding capacity; z is the candidate's points. If the calculation is the decimal number, it is rounded to two decimal places. 2. Each tendering criteria assess each tender Commission member, assigning a score according to the assessment. The Tenderer shall quote the total number of points is calculated using the following formula: Z1, Z2, Z3, Zn-each Member of the Commission the applicant's overall bid the number of points obtained by adding the members of the Commission of the number of points assigned to each tender evaluation criteria; n – number of members of the Commission; Z is the total granted to the applicant, the number of points. If the calculation is the decimal number, it is rounded to two decimal places. 3. The tender offer and technical financial bid evaluation criteria for the number of points according to the evaluation method.

Criteria the maximum number of points to be allocated evaluation method in technical bid evaluation criteria 1.400 megawatts of electricity production power commissioning 10 point method 1 2 power plant project technical supply of the best available technology (BAT) as 10 point 2. method technical bid a total of 20 points in the financial bid evaluation criteria 1. Proposed gross payment capacity 80 points 3. method of financial offer together 80 points total: 100 points 4. Tenderers are sorted in descending order by total number of points awarded.
Minister of Economic Affairs k. Gerhard