Under the Euro Medium Term Note Programme ... - Finance - EDF
Under the Euro Medium Term Note Programme ... - Finance - EDF
Under the Euro Medium Term Note Programme ... - Finance - EDF
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Risk Factors<br />
NOME law of 7 December 2010. Provided various criteria are met, including a requirement<br />
regarding <strong>the</strong> level of coverage provided by provisions booked as of 29 June 2011, <strong>the</strong><br />
NOME law 11 grants a five-year extension (from 29 June 2011 to 29 June 2016) of <strong>the</strong><br />
deadline by which <strong>the</strong> portfolio of dedicated assets must cover all long-term nuclear business<br />
commitments, as required by stipulated by <strong>the</strong> law of 28 June 2006.<br />
These dedicated assets may prove to be insufficient at <strong>the</strong> time actual payment is required if<br />
true costs are different or if <strong>the</strong> schedule for decommissioning and storage costs is modified,<br />
which could have a significant negative impact on <strong>EDF</strong>’s financial position. Moreover, stricter<br />
regulations at <strong>the</strong> national level (in particular those that impact <strong>the</strong> base for determining <strong>the</strong><br />
dedicated assets to be constituted by <strong>EDF</strong>) or <strong>Euro</strong>pean level may lead to more stringent<br />
requirements regarding <strong>the</strong> constitution of dedicated assets and have an effect on <strong>EDF</strong>’s<br />
financial position.<br />
Lastly, although <strong>the</strong>se assets are constituted and managed in accordance with strict<br />
prudential rules, <strong>the</strong> <strong>EDF</strong> Group cannot guarantee that price fluctuations in <strong>the</strong> financial<br />
markets will not have a significant negative impact on <strong>the</strong> value of <strong>the</strong>se assets which could<br />
require <strong>EDF</strong> to disburse additional amounts to restore <strong>the</strong> value of <strong>the</strong>se assets.<br />
In <strong>the</strong> United States, in accordance with NRC regulations and requirements imposed by <strong>the</strong><br />
relevant states, CENG has established funds strictly dedicated to covering <strong>the</strong> costs of<br />
power plant decommissioning. The strategy adopted in establishing <strong>the</strong>se funds is based on<br />
<strong>the</strong> estimated costs necessary for decommissioning and <strong>the</strong> disbursement schedule<br />
associated <strong>the</strong>rewith. CENG’s estimate of <strong>the</strong> revenue generated by <strong>the</strong>se funds is based on<br />
various factors, including <strong>the</strong> asset allocation strategy for <strong>the</strong> investments, <strong>the</strong> historical rate<br />
of return and market conditions. At this time, it is anticipated that decommissioning activities<br />
will continue until 2083. Any changes that affect decommissioning costs or schedules, or any<br />
changes that affect <strong>the</strong> revenues generated by <strong>the</strong> funds may impact <strong>the</strong> ability of <strong>the</strong> funds<br />
to cover <strong>the</strong> decommissioning costs of power plants, which could lead CENG to incur<br />
additional expenditures.<br />
Such events could have a negative impact on <strong>the</strong> <strong>EDF</strong> Group’s financial position.<br />
Risks related to <strong>the</strong> <strong>EDF</strong> Group’s structure and changes within <strong>the</strong> <strong>EDF</strong> Group<br />
The <strong>EDF</strong> Group’s development strategy may not be implemented in accordance with<br />
<strong>the</strong> objectives set by <strong>the</strong> <strong>EDF</strong> Group<br />
The <strong>EDF</strong> Group intends to continue its expansion in <strong>the</strong> electricity, gas and energy services<br />
industries, both in France and abroad, in line with its industrial development plan, in<br />
accordance with its business model for each geographical area and in light of any relevant<br />
experience (upstream/downstream balance, marketing strategy, development of renewable<br />
energy sources or o<strong>the</strong>r production methods, such as nuclear, hydropower, coal, gas<br />
combined-cycle power plants, etc.). The <strong>EDF</strong> Group thus implements programmes that focus<br />
on expansion, reorganisation, increasing profitability (see <strong>the</strong> discussion below of <strong>the</strong> risk<br />
factor entitled “The <strong>EDF</strong> Group implements programmes to improve its operating and<br />
financial performance and to increase its financial flexibility”) and disposals.<br />
11 Article 20, as amended, of law nº 2006-739 of 28 June 2006, today in <strong>the</strong> article L.594-1 at L594-10 Environmental<br />
Code<br />
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