2009 Management Report and Financial Statements Termobarranquilla S.A. E.S.P. Table of Content Termobarranquilla S.A. E.S.P. Pág. President´s Report ........................................2 Operation and Maintenance Management .....5 Financial Management .................................16 Profit and Loss Statement and Balance .......18 Legal Management .......................................22 Human Resources Management ...................24 Environmental Management ........................28 Community Management .............................32 Management Reports and Financial Statements Termobarranquilla S.A. E.S.P. President´s Report Management Reports and Financial Statements President´s Report Termobarranquilla S.A. E.S.P. Shareholders, We would like to present to you the 2009 Management and results report, prepared by the Presidency and Board of Directors according to Law 222 of 1995 and its amendments set forth in Law 603 of 2000. Introduction and general aspects Colombia was not indifferent to the world financial crisis, even though it was not felt with the same intensity as in other countries of the continent, it did experience a zero economic growth, the lowest inflation during the last 54 years and a volatile exchange rate with a revaluation trend. This obviously had an impact on the energy demand's growth, which only attained 1.8%, a level much lower than the lowest of UPME's scenarios. Nevertheless, opposite to what was expected, the Niño phenomenon that was experienced during the second semester, which intensity is yet to be defined, resulted in TEBSA having one of the highest historical generations during the last months of this year. This was the result of different measures put in place by the National Government to avoid an eventual power rationing during the first six months of 2010, if the Niño conditions prevail. The following measures had an impact on our operation throughout the year: information restrictions to brokers, gas supply priority, operational restrictions, safety thermal generation, etc. Operation and maintenance Complying with the PPA Agreement with GECELCA, the capacity of 750 MW was available throughout the year. A total of 5,126 Gwh were generated, which represented 9.38% of the country's demand. Only during the month of December, TEBSA generated 623.2 Gwh, which became a record generation in TEBSA´S history. The operation of the additional burners was highlighted, which contributed to the system with a total of 78.5 Gwh. The behavior of the Magdalena River has deserved special attention. The accelerated sedimentation taking place close to the plant's water inlet has required an ongoing supervision and dredging. The maintenance program was met according to what was foreseen. The most important aspects have been the completion of the gas turbine's fourth major maintenance cycle early this year - GT 13, as well as the major maintenance of Unit 3 of the steam plant, which resulted in changes in the burners, exciter, turbine blades, and the complete repair of the boiler Financial and tax aspects The income obtained during the year was of $ 149,812 million by way of capacity, energy and start-ups according to the PPA, and revenues from the additional burners, down in 6% compared to the budget. The exchange rate was significantly below de budget and, together with a lower number of start-ups, caused a negative deviation, which were partly compensated by higher revenues from the additional burners contract, in the amount of $8,598 million. Fixed and variable expenses amounted to a total of $75,065, which is 5% higher compared to the budget given a proper management of the mentioned expenses resulting in a final operational profit of $ 64,393 million. Once depreciation, amortization, financial credits and leasing costs are deducted, the exercise results in a final loss of $49,220 million down in 12% compared to the budget. The exercise was completed in Balance Sheet's accounts with total assets of $617,429, down in 8% when compared to the figures reported the previous year as a result of a reduction in accounts receivable pertaining the PPA tariff, liabilities for the amount of $241,486 and Equity of $375,942. A careful cash and negotiated credits management with the a national bank enabled the disbursement of US $12 million by way of subordinated debt payment. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 2 President´s Report Termobarranquilla S.A. E.S.P. The company's insurance package for the next three (3) years was negotiated under very good terms. No insurance claims were filed during the year. The contributions made to the Corporación Regional Autónoma (Regional Autonomous Corporation) and to the Municipality of Soledad by way of transfer tax or Law 99 reached a total of $11,796 million. Corporate issues The new Company's by laws were approved during the ordinary shareholders' meeting held in March 2009. These were adapted to the new corporate realities, giving management more flexibility to operate. Legal Issues The 1% forced investment Plan Caribe (Caribbean Plan) was presented before the Ministry of the Environment, previously coordinated with the Regional Autonomous Corporation, complying with Article 43 of Law 99. The Plan's approval is still pending. There were several actions and sentences related to the Public Lighting tax, which resulted in the municipality levying a seizure of TEBSA'S funds towards the end of last year. These processes are currently being negotiated with the Municipality of Soledad and GECELCA Complying with Law 603 of 2000, we certify that the company meets intellectual property, copyrights provisions and that we count on all the permits and licenses required to operate. To the best of our knowledge, we state that we are not aware of any events that have taken place after the exercise that could have modified the results herein presented. Corporate social responsibility TEBSA is still socially committed to the community, its workers and contractors. Likewise, we are making a daily effort to conduct an environmentally friendly operation. Along these lines, we have renewed the agreements with Actuar Ltda., with whom we are developing our current social management plan. Something worth highlighting is the completion of TEBSA'S Multi-services Center, with an investment very close to three billion Colombian pesos. We have at the new facility an integration of the cafeteria, nurse and training center, as well as the community- link office. Company's anticipated evolution A high utilization of the plant has been anticipated for the first quarter of 2010 as a result of El Niño phenomenon. The fact that this year has no major maintenances scheduled, will allow us to offer a very good availability, in addition to carrying out two important programs for the future, such as: the update of our maintenance and accounting integral information system and the completion of ISO 9000 certification for maintenance and operation required by regulation. We have put in place every necessary measure and have made the provisions corresponding to capital investments required as to guarantee the plant's availability for the future. Our financial model shows a sufficient cash flow as to achieve this objective. The ground for technical dissolution, which is present in our medium- term horizon, is postponed until the third quarter 2013. Our plant's behavior, under current power emergency circumstances, is of outmost importance as to be recognized for what this plant represents: the plant that offers more support to the Colombian power sector and therefore one that guarantees a sound future. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 3 President´s Report Termobarranquilla S.A. E.S.P. Five years away from completing the PPA, it is necessary to start designing a strategy that will enable the anticipation of the facts and actions to be executed as to go through the transition without that much of a trauma, thus optimizing the company's results and projecting it in the national and international scenarios. ( Signed ) Edgardo Sojo G. Termobarranquilla´s President Documento leído y aprobado por unanimidad en reunión de Junta Directiva #149 del 9 de febrero de 2010. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 4 BUSINESS ACTIVITIES Termobarranquilla S.A. E.S.P. Operation and Maintenance Management Management Reports and Financial Statements Termobarranquilla S.A. E.S.P. Operation and Maintenance Management The average available capacity during 2009 was of 818.65 MW and the credits account ended the year with a favorable balance of 1.125,49 MW. Net generation was 5.126.5 GWh, 46.9% higher compared to last year's net generation and it accounted for 9.38% of the country's power demand, which was of 54.679.1 GWh (1.5% higher than 2008). Gas turbines had a total of 250 start-ups as a result of the system's requirements, 128 start-ups less then in 2008. The higher generation and the lower number of start-ups for the gas turbines can be justified with TEBSA'S important share in serving the country's power demand during El Niño Phenomenon, which became evident as of September 2009. TEBSA was able to invoice 750 MW/Month given the monthly availability reached throughout the year and the credits account balance. TEBSA, ANUAL CAPACITY 2009 1000,00 DECEMBER NOVEMBER OCTOBER SEPTEMBER MONTH AUGUST J ULY J UNE MAY APRIL TB 03 MARCH TB 04 0,00 FEBRUARY CC 500,00 J ANUARY MW Average Available Capacity during 2009 Maintenance Generation units had a total of 8 outages for scheduled maintenance, among which it is worth mentioning four type A inspections in gas turbines, GT 11, GT 22, GT 21 and 13 following this same order, two type B inspections in GT 12 and GT 11 and a Type C inspection in GT 13, during which the XL version was installed for the hot gas parts, a major maintenance was carried out in the generator and a new Sulzer vane carrier was installed. Major maintenance was conducted in Siemens Unit No. 3, in which, in addition to the regular service activities carried out in the steam turbines, quick-acting valves and steam regulators were installed, important replacements were conducted in the panels of the boiler's wall pipe, six new COEN burners were installed and the original rotating exciter was replaced for a new ABB static exciter, which gave excellent results by significantly improving the operation's reliability. Other minor outages were scheduled for maintenance purposes, mainly OFF Line washing of the gas turbines' compressors, cleaning of the filters houses and washing of the Steam Turbines' condensers with the purpose of maintaining the units' high generation capacity. Management Reports and Financial Statements 5 Termobarranquilla S.A. E.S.P. Operation and Maintenance Management Availability analysis according maintenance plan Year 2009 P LANTA/ME S J AN FE B MAR S IE ME NS UNIT 123.0 123.0 123.0 645.2 655.5 750.0 ABB UNIT TOTAL 768.2 778.5 873.0 AP R MAY J UN J UL 123.0 123.0 123.0 123.0 750.0 735.1 750.0 736.5 873.0 858.1 750.0 748.4 AUG S E P OCT NOV DE C 123.0 108.6 63.0 60.9 78.4 750.0 750.0 735.1 717.6 750.0 750.0 750.0 741.2 728.1 828.4 P ROM 107.9 727.1 787.2 GT 11 GT 12 GT 13 GT 21 GT 22 S T 14 S T 24 TB 03 TB 04 COLOR CODE A(1) A(2) B C MGMT P SI BA Maintenance Program executed during 2009 Very important activities took place at the company during 2009, among which we can highlight the following: Additional burners project for heat recovery boilers 11, 12 and 13. ADB Project. As of its commercial operation in December 2007, this project operated and exceeded additional income expectations by way of reliability charge. According to December 31, 2009 financial statements, the income budgeted in 2009 was of $1.889.461.000 vis-à-vis the collected actual value of $8.598.492.00 (a 355% variation), together with the excellent operational behavior in terms of reliability and maintenance makes of it a unique project that deserves special recognition. Fourth major maintenance cycle for gas turbines The fourth major maintenance cycle of major maintenances started with a type C Inspection for the GT12 on August 20, 2007 and was completed with GT 13 on January, 2009. The change of the turbine's hot gas parts to the XL version took place during these inspections. In addition to the new design's technological advantages, this version enables extending the periods between major inspections, going from 24.000 to 32.000 Equivalent Operating Hours, according to the following table. Management Reports and Financial Statements 6 Termobarranquilla S.A. E.S.P. Operation and Maintenance Management Protections The protections scheme coordination was reviewed partnered with the National Dispatch Center and with the Atlantico node's agents. These were adjusted according to the study's values and simulations, which resulted in a better protection performance with a lower impact on generation units. Internal protections were also inspected for the self-consumption barrages, for the different voltages, which resulted in a better response to external events. Evaluations of gas turbines' rotors useful life These evaluations have been made with the Alstom Power manufacturer during the fourth Type C inspection to each one of the gas turbines. The firm M&M Engineering Associates Inc. was hired to make an additional evaluation of the GT 13's Type C inspection. The plan for the next C inspections for each one of the units is to continue with Alstom Power's and M&M's studies as to use them as a valuable tool to determine the useful life of the rotors and to establish a rotors' substitution program adjusted to real needs. Magdalena River's Sedimentation TEBSA put in place actions aiming at seeking engineering solutions that will guarantee the necessary water flow for generation processes given that in recent years, there has been strong sedimentation in the Magdalena river section next to Tebsa caused by the displacement of the navigable channel towards the east and the consequent depth reduction in the plant's river shore. With this in mind, the Universidad del Norte Institute on Hydraulic Studies (IDEHA, for its acronym in Spanish), presented two solutions based on their conclusions and recommendations: engineering works, alternatives with rock canalizing structures, which cost is out of TEBSA'S scope and hydraulic dredging, which was selected as the most viable solution aiming at guaranteeing sufficient circulating water for generation units. Different dredging alternatives can be seen in the following graph. Management Reports and Financial Statements 7 Operation and Maintenance Management Termobarranquilla S.A. E.S.P. Towards the end of 2008 and the beginning of 2009, the company worked on the blue alternative (south), looking for a higher fresh water inlet into the channel, however this alternative presented the inconvenience of high sedimentation. Then the company continued with the pink (central) alternative, considering this the best alternative from the flow guarantee and sedimentation speed standpoints, making it possible to maintain the inlet channel with acceptable bathymetries. As far as the green (north) alternative, it was necessary to cancel the water inlet through this branch as to avoid the entrance of warm water into the outlet channel, which recycled towards the inlet channel. The following graph shows the work performed by the IHC dredge based on the selected alternative. Situation of the inlet channel to guarantee water from the Magdalena River. Periodic bathymetries were performed during the year at the inlet channel, at the external part of the channel and at the main river bed as to exercise a permanent refrigeration water flow monitoring. The country's energy and meteorological authorities announced early 2009 the presence of El Niño phenomenon for late that year and early 2010. This was confirmed by the low levels of the Magdalena River, related to a strong summer (dry season) and by the results obtained, it can be affirmed that the action plan designed to guarantee refrigeration water for TEBSA'S generation units was indeed successful. Given this is such an important topic for the plant's operation, the Magdalena River's contour lines, which are monitored by TEBSA, have been herein attached and they show that the 2009 trend is very similar to that of 1997, which was the last year with a strong El Niño phenomenon in the country. Moreover, it is worth highlighting that TEBSA'S level measuring node has been included by IDEHA in the reports prepared by the mentioned institute on the river's behavior for the following environmental authorities (Corporacion del Rio Grande de la Magdalnea – Cormagdalena and Corporacion Autonoma Regional del Atlantico / CRA). Management Reports and Financial Statements 8 Termobarranquilla S.A. E.S.P. Operation and Maintenance Management Magdalena River's historical levels, compared to 2009. TEBSA in the Colombian electric power scenario The company had a record of maximum monthly generation during different periods of 2009. following table shows the months of higher generation in TEBSA'S history. The The following two graphs show TEBSA'S participation in serving the Atlantic Coast's and country's demand. In 2009, TEBSA generated 46.51% of the required energy to serve regional demand (11.021.9 GW-h) and 9,38 % of national demand (54.679,1 GW-h) Management Reports and Financial Statements 9 Operation and Maintenance Management Termobarranquilla S.A. E.S.P. TEBSA'S participation in satisfying regional demand TEBSA'S participation in satisfying national demand. Management Reports and Financial Statements 10 Operation and Maintenance Management Termobarranquilla S.A. E.S.P. It is important to highlight how the plant's dispatch grew towards the end of the year, when it was required to produce a maximum generation because of El Niño phenomenon. Plant's required dispatch. Regulatory aspects modification that affected the plant's operation The first of these modifications took place through CREG resolution 006 of 2009, by means of which there has been a restriction on supply and dispatch prices data pertaining the country's generation units. With the confirmation of El Niño phenomenon, the Gas and Energy Regulatory Commission (Comisión de Regulación de Energía y Gas [CREG]) and the Ministry of Mines and Energy made some regulatory modifications with the main purpose of guaranteeing the supply of the national energy demand during the Niño period, which became a clear wholesale energy market intervention by the government. The Ministry of Mines and Energy, by means of resolution 18-1654 of 2009 declared the start of a scheduled natural gas rationing with the purpose of preserving the public natural gas supply to the household sector. This forced the coast's thermal plants to operate with gas and those of the interior of the country to operate with coal as to comply with a full dispatch. The reason for market intervention is that Energy Stock Exchange prices were not reflecting the use given to the resources in the National Interconnected System nor were they reflecting the existing hydro shortage because of El Niño phenomenon. This scheme was once again modified early 2010, by means of CREG Resolution 010 of 2010, which corrected the above mentioned intervention. Substations operation and maintenance During 2009, 110 KV and 220 KV substations maintained a high reliability standard with zero trips resulting from substations and lines pollution and/or washing. By means of the preventive washing of lines and isolators during the year's dry periods, a high substations' operation reliability has been guaranteed. Management Reports and Financial Statements 11 Operation and Maintenance Management Termobarranquilla S.A. E.S.P. Corrosion control The corrosion control program had a successful performance during 2009. A total of 48.517 square meters of coating were contracted and applied in the plant's critical areas, 23.780 square meters in ABB units and 24.737 square meters in Siemens units. Intumescent coating was applied to the metallic structures that support the ST 14 turbine generator, as part of the plan suggested by insurance's engineers as to avoid the structure's collapse in case of an extended fire in the zone. This plan is to continue in 2010, with the ST24 table. Other areas to be covered in ABB units: circulation water pumps, gas turbines filters houses, buildings' and ceiling's metallic structures, structural elements, platforms and handrails for the heat recovery boilers (HRSG), HRSG 13 stack and piping, hydrants and fire-fighting system's cabinets. Corrosion control activities in the Siemens units were focused on the following: boiler 4's burners' structures and zone, water walls, basement and penthouse, turbine's hydraulic system, air and smoke ducts for boiler 3, all of which took place during major maintenance. The SWAT team participation, made up of six professional painters, continued its story of success and has always been an important contribution to the plant's corrosion control. Heat Rate tests The block's heat rate tests were conducted in 2009, one with the heat recovery boiler's additional burners in service and the annual test without additional burners according to the PPA. These tests were carried out on July 14 and 15, 2009 and as in previous years, several activities took place to guarantee optimum results. • • • • • • • • • • • • • • Replacement and/or cleaning according to their status, substitution of filters and pre-filters in the air houses. Washing of air houses. Calibration of signals and instrumentation participating in the heat rate calculations. Washing of compressors in the off-line mode. Washing of steam turbines' surface condensers, using a special system with abrasive balls to guarantee a full cleaning inside the pipes. Manual increase of live steam up to 528°C, with the purpose of increasing the block's thermal efficiency. Correction of steam leaks in HRSG valves and in the water–steam cycle. Calibration of VIGV at the compressors' air inlet of GT units. Feed of non-essential loads from the Siemens units for the operation of the ABB block. Chemical cleaning of the fin fan coolers in all GT units. Correction of several industrial air leaks and control through instruments. Identification of the most efficient equipments to be used during the test. Inspection and replacement of diverter dampers' air seals, to guarantee tightness and increase in HRSG efficiency. Inspection and replacement of piping thermal isolation. The heat rate test took place the first day scheduled for tests (July 14, 2009), according to the PPA. The tests' summary can be seen on the next table. Management Reports and Financial Statements 12 Termobarranquilla S.A. E.S.P. Operation and Maintenance Management Heat Rate Tests Results for the Block. PPA Informe de prueba de Eficiencia - 14/07/2009 Parameter Units Name Number of operating gas turbines Value 5 Fuel gas standard temperature F Tstand 60 Fuel gas standard pressure psia Pstand 14.73 Fuel gas molecular weight lbm/mole mwfg 16.4411 zfstand 0.9980 Z Factor standard conditions Fuel gas density at standard conditions lbm/scf rhogas_s 0.0435 Heating value of fuel Btu/scf lhv 890.15 Sensible heat input Btu/scf hsensible 0.09 Total Heat Btu/scf htotal 890.24 Total Heat Btu/lbm htotal_lbm 20459.07 Btu/hr him 5.1490E+09 Measured net power from plant MW NEO 720.50 Gross power MW GP 734.50 Gross corrected power MW GCP 747.63 Net corrected power MW NEOC 733.63 Uncorrected heat rate Btu/kWh nhr 7146.40 Corrected heat rate Btu/kWh Heat input to plant 7139.51 Successfully test Heat rate PPA 5GT· s 6802.00 Degradation Factor 4,0% (6802 x 1.06 7210.12 Heat rate instrumentation adjust 1% (7139.51 x 0.99) 7068.11 RESULT 7068.11 < 7210.12 On July 15, 2009, the next day, the heat rate test was carried out with the additional boilers for all the heat recovery boilers in service. The purpose of this test was to generate the maximum declared capacity value of 791 MW, with the best efficiency conditions as to report it to the Colombian power authorities. Unfortunately, some problems experienced with the circulation water screening had a negative influence in the ST vacuum, hindering performance. Even though the declared capacity value was reached and exceeded, the efficiency was not greater than the one reported in previous tests. Table 3 shows the results obtained. Management Reports and Financial Statements 13 Operation and Maintenance Management Termobarranquilla S.A. E.S.P. Heat Rate Tests Results for the Block with Additional Burners Período 11 Período 12 Período 13 Período 14 Generación Neta, kW 771,100 772,700 772,800 770,800 Consumo de Gas, PC 6,392,000 6,412,000 6,420,000 6,392,000 890 895.575 890 890 7,377.62 7,431.64 7,393.63 7,380.49 1,0364082 1,046909 1,037211 1.037935 0.997000 0.997000 0.997000 0.997000 796,777 806,520 799,152 797,640 Corrección de Temperatura 0,987211 0.983499 0,986927 0.986672 Corrección de Factor de Potencia 1.003009 1.003009 1.003009 1.003009 7,305.18 7,331.00 7,318.94 7,304.03 Valor Calorífico, Btu/PC Heat Rate sin correcciones CAPACIDAD Corrección de Temperatura Corrección de Factor de Potencia Capacidad Corregida, kW HEAT RATE Heat Rate Corregido, Btu/kW Industrial Safety A sport's accident was reported during the internal soccer championship, which was cancelled because of this reason. Prevention and awareness programs put in place by management were developed and met during 2009. As of December 31, 2009, a total of 119.970 Man Hours for O&M had been met without work accidents. TEBSA'S emergency brigade organized theoretical-practical training in the areas of fire control and prevention, emergency control with chemical products and technical rescue in heights and confined spaces. The training took place applying international safety standards under the NFPA (National Fire Protection Association) of the United States. The instructors for this topic are members of TEBSA'S emergency brigade, who have been trained at the National Training Center for Emergency Response and Rescue of the TEEX Agency, which belongs to Texas A&M University as part of a continuous education program and now they serve as multipliers, conveying their knowledge and experience to the rest of brigade members. TEBSA'S emergency brigade participated in the emergency brigade Olympics, which took place in Melgar, Tolima, and were ranked first in the control of chemical product spills, NFPA standard – 472. The mentioned emergency brigade also participated in the Caribbean industrial brigade meeting organized by APELL/ Barranquilla, and obtained the following results: first place in initial control of the NFPA – 1410 standard incident, first place in control of chemical product spills, standard NFPA – 472, first place in jet balloon and second place in the strength test. Management Reports and Financial Statements 14 Operation and Maintenance Management Termobarranquilla S.A. E.S.P. The emergency brigade participated in emergency drills coordinated by APELL [Awareness and Preparedness for Emergencies at Local Level]. At present, the brigade counts on 22 members. TEBSA'S Emergency Brigade Exercises. As usual, Log-out, Tag-out, Entry to Confined Spaces and Electrical Safety (electric arc) certification procedures are renewed every year for the company's personnel. Audits made to these procedures have shown there is a need to continue strengthening the understanding and engagement with such a vital topic for the integrity of the plant's workers. North American Energy Services (NAES), a company with a vast experience in operation and maintenance of international thermal plants continued providing services that support the plant's operation and maintenance. NAES support is a key factor to continue enhancing safety schemes and the focus on the improvement of operating indicators, including a reduction in gas turbines' failed start-ups and a integral control of generation dispatch deviations. The participation of MPR was also reported in 2009, this is an international consulting company for generation units-related topics. Its contribution is of outmost importance for the attainment of TEBSA'S goals, mainly regarding the replacement plan of GT rotors Management Reports and Financial Statements 15 Termobarranquilla S.A. E.S.P. Financial Management Management Reports and Financial Statements Financial Management Termobarranquilla S.A. E.S.P. Subordinated debt payment and debt coverage ratio After completing the financial restructuring during last year, the company generated sufficient cash to pay US $4,8 million in subordinated debt interests as follows ones: Creditor Gecelca S. A. ESP GPUI Colombia Value paid in US$ 4.592.213 157.671 ABB Colombia Ltda. 60.221 Gilda Massi 14.878 Total 4.824.983 The new debt coverage ratio made possible that two payments were made in July. For the third quarter a waiver was requested to Banco de Bogotá because the ratio was not achieved and authorization was given to make payments in November and December, based on the behavior and performance of TEBSA during the whole year and its strong cash position. Financial Model The quarterly review and update of the financial model was an activity carried out during 2009 in order to make the necessary adjustments to best reglect the business reality. At the end of December, taking into account the company financial results and the budget approved for 2010, the update indicated that the company is annually generating a positive operating cash flow, making possible to: 1. Develop its operating functions without any problem, complying with its obligations set forth in the power purchase agreement (P.P.A.). 2. Pay each one of the installements of the lease signed with LEASECO. 3. Partially pay the subordinated debts to the different creditors, maintaining at the end of the P.P.A. period a balance of capital of said debts. The model is the financial tool by excellence, used by the company. Through this tool all business aspects are considered and a forecast about generation, cash needs, debt coverage ratio, subordinated debt payment, etc., is obtained. Budget In the fourth quarter different planning and development activities were carried out in order to prepare the operating expenses budget for the year 2010, according to the company's accounting structure. The detailed preparation of the operating budget would allow management to have a strict control on budget performance as well as to determine causes for main deviations. Tax related Aspects On June 17, a request was submitted to DIAN for the return of the sum of $4.39 billion corresponding to the year 2008. On July 28 all requested TIDIS were received, which were delivered to GECELCA. During this year two payments were made for Equity Tax for the total sum of Durante el año se realizaron dos pagos por concepto de Impuesto al Patrimonio $ 3.17 billion. For environmental taxes (Law 99/93) a total of $9.34 billion were paid to the Municipality of Soledad and to the Corporación Regional Autónoma (C.R.A.), representing an increase of 23% with respect to the immediately preceding year. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 16 Financial Management Termobarranquilla S.A. E.S.P. Contract with EMGESA At the end of the year an agreement was reached with EMGESA to lease them the rotor of our unit # 1 for a period of four months, for a total value of US$800.000, payable in four monthly installments. It is important to highlight that besides generating an additional revenue, once the contract is terminated, our rotor will be ready to be used by TEBSA when required. Agreement of additional burners For the second year of this agreement total revenues of $8.59 billion were obtained, of which $4.4 billion correspond to TEBSA, a variation of 80.9% with respect to the immediately preceding year. TEBSA has obtained resources for $6.83 billion for this item in the two years of operation, compared to an investment of $2,3 billion made at the end of 2007. Insurance 2009 – 2010 With the advise of Leue & Nill, firm that purchased all insurance business of HSBC Insurance, management submitted the insurance package for the period 2009 – 2010 to the Board of Directors for its approval. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 17 Termobarranquilla S.A. E.S.P. Profit & Loss Statement and General Balance Sheet Management Reports and Financial Statements Profit & Loss Statement and General Balance Sheet Termobarranquilla S.A. E.S.P. During the year 2009 the operating revenues of the company were of $149.81 billion, a reduction of 14.96% with respect to the previous year. 72.87% of said revenues correspond to available capacity revenues, which were of $109,17 billion due to an average monthly billing equivalent to 750 MW. Revenues corresponding to dispatched power and start-ups added up to $21,11 billion corresponding to billing dispatch of 5,126.5 GWh in the year. During 2009 additional revenues of $8.59 billion were received corresponding to the Mandate Agreement without representation, signed with GECELCA at the end of 2007. Of said additional revenues and following what has been set in it, $4.19 billion correspond to GECELCA. This means that the company obtained additional revenues for $4.40 billion. Total operating revenues was lower than the budget by $9.46 billion equivalent to a deviation of 6.00%, basically due to the difference between budgeted exchange rate and the actual one and start-up revenues lower than those budgeted, those partially compensated by higher revenues with the additional burners contract. It is of paramount importance to mention than on April 21, 2009 the capacity tariff was reduced by 33,44%, according to the provisions of the PPA Agreement. Total operating expenses was of 85,41 billion, which means a 19.14% increase with respect to the previous year. Of total expenses previously mentioned, $16,8 billion correspond to fixed expenses, $58,26 billion to variable expenses, $4,98 billion correspond to the operation and maintenance contract and finally, the staff expenses added up to $5,36 billion. The main component of fixed expenses is associated to personnel expenses and subcontracted services expenses, which were of $12,64 billion and $2,63 billion respectively. With respect to variable expenses, the main components are the ones associated to the hot gas path agreement of gas turbines for the amount of $16,55 billion, maintenance costs of the different generation units for the amount of $13,76 billion, overhauls for $13.87 billion and environmental taxes and other contributions which added up to a $12,38 billion. It should be stated that the general compliance of the operating budget was satisfactory because total operating expenses item was 1.99% above budget, basically because of the additional investment of US $3.5 million dollars which were not budgeted in Unit No. 3 overhaul.. When deducting operating expenses, the operating income was of $85,41 billion, corresponding to 57.02% of the operating revenues of the period. Depreciation and amortization expenses, as well as financial expenses and leasing agreement expenses added up to $105,72 billion. During the year 2009, the company continued depreciating its main assets associated to the new plant by the decreasing balance system increasing the depreciation factor by 50% for the operation of additional shifts, the remaining assets were depreciated by the decreasing balance system or straight line as it was adopted in the year 2001. After the deduction of the above mentioned costs as well as other expenses such as difference in the exchange rate, extraordinary expenses and inflation adjustment expenses as well as adding the financial revenues, a loss before taxes of around $49,22 billion is generated. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 18 Profit & Loss Statement and General Balance Sheet Termobarranquilla S.A. E.S.P. During the year 2009 the Company did not register a provision for Income Tax taking into consideration the tax planning made. In its results, planning provides an approximate fiscal loss of $37,62 billion, which added to previous fiscal losses, accrued, from previous periods of $151,07 billion, resulting in $188,70 billion losses that may be used to cover future liquid income, according to the provisions of the law. General Balance Sheet :: Assets During the year 2009, total company assets decreased by $54,95 billion equivalent to approximately 8.17%, going from $672,38 billion at the end the year 2008 to $617,42 billion. The above is the result of a net effect, between a decrease in current assets of $70,08 billion, an increase of fixed assets of $11,09 billion and the decrease of long-term accounts receivable for $68 million and the reclassification of some spare-parts as long term for a value of $4,31 billion. Current assets were reduced by 24.53%, going from $293,86 billion to $221,77 billion basically due to the decrease in the investment account due to the payment of the subordinated debt and to a reduction in Accounts Payable to GECELCA, due to the change in the tariff, as mentioned above. Property, plant and equipment costs were increased by 3.17%. This increase is due to an increase in the historical cost of fixed assets of 0.92% equivalent to $5,73 billion, conformed mainly by the addition of the new service center ($3.5 billion), the addition of six duck burners for unit 3 ($ 1 billion) and the exciter for the same unit, the increase of 5.21% in assets valuation, as a result of the new asset study performed, and the increase of $8,43 billion in adjusted accrued depreciation. The reduction of the long-term accounts receivable is basically due to the decrease in the safety deposit and to the effect of the exchange rate. Some compressor blade sets were also reclassified as long term inventory for the amount of $4.31 billion. General Balance Sheet :: Liabilities The company's total liabilities suffered a decrease of $19,52 billion equivalent to 7.48% of last year's liabilities. This decrease is mainly due to the reduction of long-term liabilities of $495 millions, of the subordinated debt in $10,79 billion and current liabilities of around $8.24 billion. The general decrease in liabilities corresponds to the payment of subordinated debt and to the effect of the exchange rate. Balance general :: Shareholders Equity The decrease of $35,42 billion in equity equivalent to 8.61.% with respect to the year 2008 corresponds to the current period loss amount that was registered. Memoranda Accounts Taking into consideration the fiscal result of 2009, for $37,62 billion it was included in memoranda accounts and was readjusted at fiscal level for a value of $188.70 billion. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 19 Profit & Loss Statement and General Balance Sheet Termobarranquilla S.A. E.S.P. Accounts and Transactions with Related Companies As of December 31 the balance resulting from accounts payable to related companies is distributed as follows: Subordinated Debt – GECELCA GPUI Colombia Ltda ABB Colombia Ltda Less long term portion 2009 ($000) $168,111,146 2008 ($000) $166,118,791 5,830,217 2,315,615 6,114,772 2,362,191 166,256,978 9,572,933 174,595,754 21,297,713 $156,684,045 $153,298,041 According to the terms set in the Asset Purchase Agreement (APA) to CORELCA (today GECELCA), the Company registered as subordinated debt 60% of the total of said agreement. This obligation is set in United States dollars for US$57.7 million, with maturity 12 years after October 20, 1998 when the construction of the new units was completed. TEBSA recognizes an annual interest of 13.5% payable every six months. The payment of this obligation is subject to availability of funds and to the compliance with some requirements set in LEASECO credit documents with the Banco de Bogota, in which TEBSA is a guarantor. Other liabilities account with related companies, correspond mainly to the Restitution Payment coming from the EPC y O&M contracts, the payment of which is subject to some requirements included in the above mentioned credit documents. The most important transactions with related companies during the year are summarized as follows: 2009 ($000) 2008 ($000) $ 71,721,395 $ 69,665,184 4,989,256 4,407,467 1,486,140 1,389,851 17,179,285 15,734,914 GPUI Colombia Ltda. 529,271 484,771 ABB Colombia Ltda. 214,392 197,703 $149,812,310 $176,176,130 Financial Lease (LEASECO) Cost of the operation and maintenance contract O&M Direct purchases to ABB Interests caused: GECELCA Revenues for services (GECELCA)I Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 20 Profit & Loss Statement and General Balance Sheet Termobarranquilla S.A. E.S.P. Retirement Pensions As of December 31, 2009, a full provision has been allocated for actuarial liabilities for retirement pensions. The portion corresponding to GECELCA is acknowledged as an account receivable. The actuarial calculation covers 53 employees for 2009 and 54 for 2008. It was prepared according to the voluntary benefit plan in force for active employees, which are part of the employer substitution with GECELCA. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 21 Termobarranquilla S.A. E.S.P. Legal Management Management Reports and Financial Statements Termobarranquilla S.A. E.S.P. Legal Management In the year 2009 the following relevant legal decisions are highlighted. A favorable judgement for TEBSA in the lawsuit for nulity and restoration of right filed against the Municipality of SOLEDAD against the administrative actions that considered that some industry and trade tax statements were not submitted. The Municipality of SOLEDAD did not submitted an appeal against this judgement, so the ATLANTICO Administrative Court statement is final. A favorable judgement in the first level of the ATLANTICO Administrative Court in the process initiated by TEBSA against the Municipality of SOLEDAD in relation to the collection of Public Lighting corresponding to periods 1998 to 2000. The Municipality of SOLEDAD filed an appeal against this judgement. There were 8 decisions issued with respect to labor processes under way, three of them in the first level and five of them in the second one, all of them in favor of the company. This is the summary of trials in which the company is participating: Jurisdiction TEBSA defendant TEBSA plaintiff 32 9 2 --- Admin. (Taxes) --- 10 Popular Actions 2 --- 36 19 Labor Civil TOTAL In the year 2009, counseling and legal strategies were defined for the following issues: TEBSA received a new labor lawsuit in 2009 and 11 legal undertakings took place in the different labor processes. The company initiated some processes against Social Security and some shared pension receivers so as to recover the pension installments under dispute. TEBSA was notified about a popular action filed by Defensoría del Pueblo against the Company for Development and Environment of SOLEDAD (Empresa de Desarrollo y Medio Ambiente de Soledad S.A. (EDUMAS)), The Office of the Comptroller General of the Republic, the Ministry of Housing, the Corporación Regional Autónoma del Atlántico (CRA) and several private companies located on CALLE 18 of the Municipality of SOLEDAD, known as Industrial Corridor. This popular action is looking to protect the collective right to a healthy environment affected by smells and nasty gases suposedly coming from the industries located on the Industrial Corridor. TEBSA decided to present its defense indeptendently from the other defendants because TEBSA's productive process doesn't generate bad odor. TEBSA complies and has always complied with the environmental regulation in force for emissions to the atmospheres and maintains its permits and environmental license in force, thus it is confident that the result from the popular action would be favorable. With respect to the Special Contribution from the Superintendency of Domiciliary Public Services, the company maintained its position of disputing the charging of said contribution because it is not adjusted to the law. Thus, we rejected the collection of the contribution corresponding to the year 2009 by submission of resources available and a lawsuit for nulity and restoration of rights was filed against administrative actions that confirmed the contribution corresponding to the year 2008. Management Reports and Financial Statements 22 Legal Management Termobarranquilla S.A. E.S.P. With the leadership of Acolgen, we were able to stop in two legislation periods, the draft law modifying article 45 of Law 99 of 1993. In compliance with Decree 1900 of 2006, TEBSA submitted to the Ministry of the Environment a new mandatory environmental investment plan which has the favorable opinion of the CORPORACION REGIONAL AUTONOMA DEL ATLANTICO. A statement is expected from the Ministry in the year 2010. Management Reports and Financial Statements 23 CORPORATE SOCIAL RESPONSIBILITY Termobarranquilla S.A. E.S.P. Human Resources Management Management Reports and Financial Statements Human Resources Management Termobarranquilla S.A. E.S.P. Personnel The number of company workers as of December 31, 2009 is 88, divided as follow: 43 for Operation, 30 for Maintenance, 10 for Management and 5 Staff members. The following personnel movement has taken place in 2009: 1. Retirement of two Maintenance operators according to the conventional pension program. 2. A maintenance O&M Engineer resigned. 3. A pensioner and his widow died. 4. Seven Maintenance – Operation employees joined the company under a fixed term contract until December. 5. Recruitment of an assistant to the Plant Manager. 6. Recruitment of a Junior O&M Engineer for the chemical area. 7. Wage leveling for O&M Engineer from II to I. 8. Promotion of two professionals from 3 to 4. until TEBSA met the share of apprentices assigned by SENA. The company has continued this year the recruitment of Electromechanical Technologists from ITSA, which is part of the third group related to the generation substitution plan, put in place by the company. Two apprentices were sponsored for the administrative area. In average, four (4) people worked in the company through a temporary service company, among them we have five electromechanical technologists belonging to the first group during the first semester and three technologists belonging to the third group during the second semester, as well as an electrical technician who worked for seven months. The remaining temporary employees covered vacations, activity peaks and industrial internships for students of Finance, Business Management and Mechanical Engineer. The industrial coating service was provided by a team of six people who were hired through a cooperative of associative work. Pensions During 2009 the company recognized two conventional pensions and a pensioner, without beneficiaries died. The company now has 44 pensioners and 5 fund-holders in its retirement pension payroll. The Social Security recognized old-age pensions to seven conventional pensioners, thus increasing to 37 the number of pensioners shared with the entity. During this same period, the company received from the Social Security the retroactive payment of 15 pensioners for the amount of $1.475 million, transferring to GECELCA the amount of $936 million, which corresponds to its share, according to the Employer Substitution Agreement. The company paid $826 million by way of pension allowances by the end of 2009. Labor Relations A pretty tight agenda was developed during the year aiming at entering into a new collective bargaining agreement. Ten meetings took place during the period February - November between the company and the union as part of a round of informal meetings, without reaching an agreement. Thus, the collective bargaining agreement 2004-2007 is still in force by legal extension. By its own initiative the company increased conventional personnel wages at the same percentage as 2008 CPI. The Employer-Employee committee held three meetings during the year, in one of which FVTT housing loans were awarded. The Health Plan follow-up committee also held three meetings. The permanent union's leaves of absences granted last year are still effective. The company paid during 2009 the amount of $493 million pesos by way of quasi-fiscal contributions. Education aids were granted for the amount of $75 million, energy aid for the amount of $163 million and per diems for the amount of $46 million. The union received the amount of $22 million by way of assistance. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 24 Termobarranquilla S.A. E.S.P. Human Resources Management Training In- house and in the country A total of 8694 man hours were offered in 2009 as theoretical – practical training to TEBSA'S employees. This training includes Plant's industrial safety, operation and maintenance with in-house resources, such as training offered in the country by external entities. Personnel development and Plant management topics are part of the training. Topics Total M-H per year Theoretical Technical Aspects 1498 Practical Technical Aspects 4770 Safety and Environmental 2001 Administrative 192 Personnel Development 233 8694 TOTAL Higher Education The company supported higher education to four O&M and Management employees, thus contributing to their overall professional development for the compliance of their responsibilities. Area of Studies Educational Entity Duration Universidad del Norte 1 year Universidad de Los Andes 1 year Marketing Management Universidad del Norte 1 year Specialization in Finance Universidad del Norte 1 year Engineering Projects Management Management and Leadership Studies Abroad Several of TEBSA'S employees went abroad to attend courses, industry exhibits and users' meetings. Course Name Place Days No. of attendees Miami Fl. 3 1 24 College Stn. 6 3 144 Pittsburgh 6 1 48 Fire-fighting operations College Stn. 6 1 48 Power Gen Europe 2006 Italy 2.5 1 20 3 3 72 2.5 2 40 TOTAL 396 Heat Recovery Steam Technology Rescue practice. Fire Fighting brigade 2009 Alstom GT's, ST's Users Conference Aschville, Fl Power Gen USA Las Vegas Man-Hours per year Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 25 Termobarranquilla S.A. E.S.P. Human Resources Management Occupational Health During 2009 TEBSA worked on two health services supply processes aiming at optimizing health costs without hindering service quality. In the second process, a health service model that includes a mandatory health plan, pre-paid medicine and occupational health was requested, together with infirmary and ambulance services. The resulting contract met the objective set and will start in January 2010 at the new multi-purpose building. The First Aid Basic Assistance service and the support to Occupational Health contributed to time optimization in terms of doctor's appointments and enhancement of the Occupational Health Program. Health services distribution during 2009 was as follows: employees 76% and contractors 24%. Medical services can be summarized as follows: a total of 3866 doctors' appointments, 2939 of which were for employees, 2223 control of Epidemiological Assistance, 715 for regular diseases and 1 for a work accident and 927 were for contractors, 913 for regular diseases and 14 for work incidents. The company kept the Protected Area service contracted with Asistencia Medica Inmediata – AMI -. This service was required five times during the year by contractors. The cafeteria started providing food services last October at the new multi-purpose building, which meets the highest quality and comfort standards in terms of this type of facilities. The company paid during 2009 legal contributions to the EPS for the amount of $850 million and premiums to Pre-paid Medicine entities for the amount of $1.638 million pesos to cover full health services for employees and their beneficiaries. As far as contributions to employees' Professional Risks, TEBSA paid the amount of $126 million. The Joint Action Plan defined for 2009 together with Professional Risks was met in 95%. TEBSA – PIT incentives program During 2009, the compliance of established objectives for individual and group performance was assessed with their corresponding management indicators. The achievement of company's key goals was controlled by means of this program that included safety, PPA contract management and scheduled maintenances. The TEBSALUD program was included as a novelty, which acknowledges employees' commitment to health preservation and the compliance of occupational health activities. The TEBSEGURO program received 47 suggestions from employees, 31 of them were of technical nature and 16 of administrative character. Twenty-four (24) ideas were approved for execution as TEBREALIZO. This year the company paid $549 million by way of bonds corresponding to the Incentives Program. The consolidated results for the period were as follows: 2009 Objective Achievement First Period – September 2008 – February 2009 25% 16,41% Second Period March – August 2009 25% 13,00% Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 26 Human Resources Management Termobarranquilla S.A. E.S.P. Housing Funds During 2009 the company worked towards improving the quality of life of its employees and families through the different housing funds, by means of 12 loans for house acquisition and enhancement. The Housing Fund for unionized employees disbursed $344 million to benefit 8 employees and the nonunionized employees' fund disbursed $100 million to benefit 2 employees. TEBSA'S housing loans policy has enabled 97% of the company's employees to have their own house. Wellbeing Employees who worked during New Year's Eve were able to enjoy a stay in Cartagena together with their family. A total of 42 people enjoyed this benefit. Nine female employees celebrated Women's Day at a cooking school in June for a whole afternoon. Recreational Vacations were scheduled during the summer time for employees' children at four different recreational centers of the city. These events counted on the participation of 60 children in average. During three Saturdays of June, 280 people – employees and their families - enjoyed family integration events carried out at a recreational center of the Caja de Compensación Familiar. The Christmas party for 100 children and the New Year's Eve party for employees and spouses, hosted by the company, became a great opportunity for integration, companionship and recreation. Sports TEBSA sponsored the assistance of 30 employees to the gym. Moreover, 7 female employees received classes with personal trainers. A group of 15 employees were part of the soccer recreational team, which participated in different informal sports championships. The internal soccer championship was inaugurated in March with the participation of a great number of employees. However, the championship was suspended late May as a result of a sport's accident, which was quite disabling. TEBSA continued promoting sports among the employees' children between the ages of 7 and 12 through the Soccer School. In 2009, 28 children joined the mentioned school and were divided into two categories that participated in different championships and exchanges in the city. Informe Management de Gestión Reports and y Estados FinancialFinancieros Statements 27 Termobarranquilla S.A. E.S.P. Environmental Management Management Reports and Financial Statements Termobarranquilla S.A. E.S.P. Environmental Management The company strengthened its environmental programs during 2009, not only did it comply with the environmental regulations, but it also met voluntary procedures as to align itself with the organization's objectives. Follow up to environmental licenses and permits The Ministry of the Environment, Housing and Territorial Development conducted its follow-up meeting to the plant and the neighboring community. By means of Writ 3285 of 2009, it highlighted the Landscape Management Plan, put in place by TEBSA through the planting of different dense varieties in the area of physical infrastructure, linear plantings in the plant's internal areas and in its boundaries, thus achieving a landscape harmony with the physical infrastructure. Moreover, a list of the social progress was included, and the contribution of the operator in TEBSSA'S Social Management Plan was highlighted. The Ministry stated that TEBSA has been complying with the obligations stemmed from the environmental license granted by means of Resolution No. 0314 of 1995, with the Environmental Management Plan presented and with the requirement writs set forth by the mentioned Ministry pertaining the environmental follow-up tasks. In force environmental licenses and permits Document Environmental License Number Authorize Beginning Date Ending Date Resolut ion 314 M. M. A. 30.03.95 Definitive Resolut ion 181 C. R. A. 14.06.06 14.06.11 Water Concession Water Permit Air Permit Wastes Permit M.M.A. Ministry of the Environment C.R.A. Regional Autonomous Corporation of Atlantico Environmental outcome The results obtained in the different components that make up TEBSA'S Environmental Management Plan are the following: Physical-Chemical characterization of the industrial process waste waters. This study includes the following parameters: Biological Oxygen Demand (BOD), Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS). The results obtained for each parameter were compared to the effective Colombian standard for liquids dumping. 100 % Removal 50 0 Serie 1 Norm SST Norm DBO Norm DQO 50 86.6 30 84.8 20 87.4 Comparison of the parameters to the standard Management Reports and Financial Statements 28 Termobarranquilla S.A. E.S.P. Environmental Management Temperature of the water used in the process The process water temperature monitoring is made following a technique by means of which three simultaneous readings can be made at three different depths in one sampling point. The water temperature readings are taken at the source, which for TEBSA'S case is the Magdalena River and that monitoring is continued on the operating channels for thermal waters reception and discharge until the place where it meets the River. It has been calculated that the temperature monitoring area covers around 10 hectares. Based on the results obtained and when compared to the standard, it can be concluded that thermal water temperatures at the River dumping site, where the mixture takes place, is kept below the standards, which means that the Company is indeed complying with the environmental regulation. 40 30 Temperature °C 20 10 0 Temperature °C Standard - Máx T Mín 40 36.8 28.4 Comparison of the temperature to the standard Outlet gas emissions by fixed sources Usually Nitrogen Oxides emissions, such as NOx, are measured in each one of the plant's stacks or fixed sources. Graph 3 shows the results of the atmosphere emissions study and of the comparison to the standard. 100 G/Million BTU 50 0 Serie 1 GT 11 GT 12 GT 13 GT 21 GT 22 Norm 8.37 8.15 12.6 10.19 17.68 90 Comparison of Nitrogen Oxides to the standard Environmental study on noise emissions The noise environmental study includes the measurements taken for a two-month period regarding sound levels related to the industry operations and to the zone's cultural activities. The studies have concluded that TEBSA complied with the environmental noise standard during 2009. Management Reports and Financial Statements 29 Termobarranquilla S.A. E.S.P. Environmental Management Environmental study on noise emissions. 76 74 72 Global Leq dB (A) 70 68 Serie 1 Leq N Leq D Norm 70.6 70.6 75 Comparison of sound level results to the standard - Day and Night Parameters Handling of waste generated by the industrial process At present, the environmental management and disposal of conventional waste is conducted by INTERASEO S.A. E.S.P., which is the garbage collection company of Soledad. The graph shows solid waste management results during the last five periods. It can be observed that the volumes environmentally managed and disposed of show a downward trend, concluding that the company carries out an adequate management of the conventional waste generated at the Plant. 2000 Volume ; M.C. 1500 1000 500 0 Serie 1 P 05 P 06 P 07 P 08 P 09 1963 1654 1630 1632 1584 Management of solid wastes Used oils generated during the industrial process imply the development of adequate environmental management and disposal activities. The above mentioned management can be seen in Graph 6. At present, the environmental management and disposal is carried out by the company Petroleos del Valle S.A., which is authorized to deliver this type of service. Volume ; M.C. 30 20 10 0 Serie 1 P 05 P 06 P 07 P 08 P 09 22 4.2 17 20 16.61 Management of oily wastes Management Reports and Financial Statements 30 Termobarranquilla S.A. E.S.P. Environmental Management Zero environmental accidents Mp environmental accidents took place in 2009. Environmental Impact Indicators Observations Environmental accidents due to the industrial process No accidents took place Environmental accidents on population settlements No accidents took place Occupational accidents due to the industrial process No accidents took place Special Projects :: Waste Oils Facility The company counts on a special wastes collection center. The objective of this center is to adapt the first residence site for oily and special wastes, as to then continue with the final environmental management and disposal, complying with established safe techniques set forth in the environmental regulations. :: Establishment of Green Areas The establishment of green areas at the TEBSA Plant complies with different strategies: soil recovery, landscape improvement, wind erosion control, environmental management of native plant species, among others. TEBSA counts on five forestry areas, one located to the southwest of the Plant, three to the north, which are next to the process water outlet channel and a fifth one located to the east, adjacent to the River. Establishment of the eastern forestry area Management Reports and Financial Statements 31 Termobarranquilla S.A. E.S.P. Community Management Management Reports and Financial Statements Termobarranquilla S.A. E.S.P. Community Management The President's Office, the Legal Area and the Community Link Office, worked together on different activities to maintain the environmental license, exceeding the requirements of the Ministry of the Environment, maximizing efforts for the Community neighboring the Plant and strengthening the policy of good neighbor designed by the company. The programs conforming our Social Management Plan achieved the following results: Training for the job The training process of this program enable participants knowledge about techniques used in the erection and commissioning of the production units, improving then their socio-economic conditions and proposing around them new and basic ideas to satisfy the needs of their natural market and to discover opportunities in the potential market. Number of Events Number of Participants Bakery 2 42 Advanced Computer Science 1 25 Comprehensive Aesthetics 1 14 Fast Food 3 65 Leather Goods 1 25 First Aid 1 24 Body Aesthetic 2 50 Basic Computer Science 2 39 Sandal Decoration 1 20 Hair Dressing 1 23 Jam and Dressings 1 18 Children hairdressing 2 39 Christmas ornaments 1 23 Party Decoration 1 24 20 431 Event TOTAL 21% of the persons participating in training are applying the concepts, teachings and tools acquired by the implementation of a productive activity related to training, while 49% of the participants apply learning at households without generating direct revenues but with some benefits for the family economy. Parent School Durante el 2009 se continuó con al programa de Escuela para Padres en las instituciones educativas de la zona de influencia de TEBSA. Este programa inició un proceso educativo permanente con el fin de ofrecer a los padres de familia, estudiantes y docentes oportunidades de participación en el conocimiento crítico de su realidad familiar con el fin de influenciar cambios de actitudes en el manejo de la problemática familiar y social evidenciada por cada uno de estos grupos. Management Reports and Financial Statements 32 Termobarranquilla S.A. E.S.P. Community Management A total of 521 students and 75 parents participated in the different conferences focal groups, psychological guidance and talks. Health Brigades and Campaigns TEBSA developed 4 health brigades in the company's influence neighborhood, as well as 12 activities framed within the 3 campaigns in different health topics, trying to promote awareness about life style of the people and its effect on health. Activity Number of Persons Electrocardiogram Day 100 Osteoporosis Campaign 200 Campaign against Cancer 303 Health Brigades 1532 4458 TOTAL Promotion of Culture The events and cultural centers of the city of Barranquilla represent a space to instruct participants in themes that have an incidence on daily life and supplement the academic training of education institutions; for that reason it is important to know the expressions and scientific knowledge that influence the habits of the Caribbean area inhabitants as well as their relationship with the natural environment. With the purpose of providing aspects of didactic training and experience in this axis of intervention, the following cultural activities were sponsored: Activity Sponsor for the participation of a folklore group at the parade and events of the Barranquilla carnival Visit to Combarranquilla's Planetary Visit to LA CUEVA Cultural Foundation Organizat ion Beneficiaries Cumbiamberitos de Las Margaritas 30 Children Educat. Instit. Sagrado Corazón 40 students Francisco Jose de Caldas School 30 students Program for Coexistence The aim of the program is to strengthen the process of coexistence in the communities and their leaders through some training activities, promoting having good relations among neighbors. In 2009 new populations were included in the program, such as children, couples and women, convening a larger number of participants strengthening the feeling of belonging in the neighborhood, based on the value of each person as individual towards the community from the active participation. 249 persons participated in the different workshops and events. Management Reports and Financial Statements 33 Termobarranquilla S.A. E.S.P. Community Management Promotion to Microenterprise The actions of this program are directed towards the financial improvements of microenterprises located in the influence area, introducing capital into their operations, they can improve their processes and generate socioeconomic benefits for the families of the program beneficiaries. Actuar Famiempresas del Atlántico is managing the fund that was created for this purpose by TEBSA and in the year 2009 the program achieved the following results: Item Accrued Amount disbursed $84.510.000 Number of Credits Disbursed 50 Number of Microenterprises Supported 48 Number of Retailers 21 Number of Producers 19 Number of Services 8 Number of jobs promoted 65 170 Number of persons benefited The microenterprises assisted through the credit fund obtained an 18% increase in their sales, compared to the beginning of their participation in the program with the last month of the year, and they obtained a 20% increase in their profits. Fund for the Creation of Microenterprises To complement the Training for the Job program cycle, the participants in those courses are give the opportunity of having access to credits to create and start running microenterprises. This year we supported the creation of five (5) new productive units with the disbursement of credits, which added up to $5.250.000. TEBSA's Award for the Micro entrepreneur of the Year For the second year in a row, the TEBSA's Award for the Micro entrepreneur of the Year was delivered with the purpose of acknowledging and encouraging entrepreneurial initiatives of the people in TEBSA's influence area benefiting from the programs: Promotion to Microenterprises and the Creation of Microenterprises. A committee of officers of Actuar Famiempresas del Atlántico carries out a pre-selection of candidates to the award and after some visits and interviews the group of nominees is determined. Finally, within a committee conformed by TEBSA's employees the winner is elected based on criteria related to good credit and business management as well as assessing the impact on the family and the community. The winner of TEBSA's Award to the Microenterprise of the Year 2009 was Mr. Fernando Hoyos, who participated in one of the bakery courses offered by TEBSA and then had access to a credit from the Fund for the Creation of Microenterprise. Mr. Hoyos was given a plaque and a cash award of $2.000.000. Management Reports and Financial Statements 34 Termobarranquilla S.A. E.S.P. Community Management Wellbeing and Recreation The purpose of the Wellbeing and Recreation program in TEBSA's Social Management Plan is to provide alternate recreation alternatives for the inhabitants of the plant influence areas, through some ludic activities, integration and community participation actions, affirming the corporate presence as the provider of ludic experiences for the community. Activity Beneficiaries Healthy Life Program 200 Children's Day and Family Day 1700 Recreational vacations 1600 990 Hand-out of Christmas gifts Children micro soccer tournament 60 TOTAL 4550 Environmental Education The support program for environmental education and culture was carried out in the education centers and in the communities close to the company. The purpose of the program was to make teachers, parents and students aware about the different aspects related to the preservation of the environment. Themes Number of Events Number of Participants 15 545 Sustainable Development 2 28 The Environment: Life Scenario 2 21 10 400 8 30 Climatic Change and Kyoto Protocol Comprehensive Management of Solid Waste Re-use and transformation of solid waste Production of community vegetable gardens TOTAL 16 45 53 1069 Besides workshops, campaigns and environmental contests, the school projects for solid waste management and the creation of vegetable species nurseries continued being developed. Summary of Recycling at Education Institutions Material Amount (Kg.) Cardboard 242 Files 949 Paper 396 Used notebooks 48 PET 184 Cans 252 Satin 45 Iron 94.5 Paste 72 Magazines 166 Phone Books 170 Aluminum 32.5 Batteries 19 Antimony 10 Newspapers TOTAL 14 2694 Management Reports and Financial Statements 35 Community Management Termobarranquilla S.A. E.S.P. In the year 2009 we celebrated again our Green Day with an ecologic observation rally. The different student and community ecologic groups participated in the activity and made presentations about the activities carried out by each group during the year. Management Reports and Financial Statements 36 Annex TERMOBARRANQUILLA S.A. (E.S.P.) COMPARATIVE BALANCE SHEET OF DECEMBER 31 ,2009 STATED IN THOUSANDS COLOMBIAN PESOS ASSETS DECEMBER 31 /2009 LIABILITIES AND STOCKHOLDERS EQUITY DECEMBER 31, /2008 CURRENT ASSETS Cash and Equivalents Investments Accounts receivable Other Accounts receivable Inventory Prepaid expenses DECEMBER 31 /2009 CURRENT LIABILITIES 8,191,578 11,734,843 28,715,356 118,573,902 49,797,266 4,765,663 2,917,125 33,151,274 47,127,856 145,289,565 59,857,233 5,516,779 Accounts Payable Accrued Liabilities Accrued Payroll Taxes Payable Related Companies 730,119 24,632,175 1,011,593 727,477 156,684,045 Total Current Liabilities Total Current Assets PROPERTY, PLANT & EQ. Cost Valuation adjustment Less: Accum.depreciation 221,778,608 293,859,832 LONG TERM LIABILITIES 361,196,094 631,790,931 278,307,577 548,902,414 626,054,363 264,514,352 540,465,419 350,103,296 Actuarial Study Restitution payment Accounts Payable Accrued Liabilities Long Term Accounts receivable Long Term Inventory 5,941,912 24,193,136 4,318,764 4,159,227 TOTAL LIABILITIES STOCKHOLDERS EQUITY 24,260,528 Capital Stock Equity Valorization 0 Assets Valorization Revenue Reserves PrevIous Year Results Current Year Income (Loss) 617,428,514 183,785,409 192,027,305 57,700,973 58,195,528 15,832,887 10,941,047 548,568 30,873,026 0 10,791,248 241,486,382 261,014,081 145,515,117 91,276,555 278,307,577 66,569,239 -156,506,464 -49,219,892 Total Stockholders Equity TOTAL ASSETS 9,284,462 27,561,428 942,023 1,375,931 152,863,461 15,451,146 9,572,933 525,527 32,151,367 SUBORDINATED DEBT DEFERED ASSETS DECEMBER 31, /2008 672,382,883 TOTAL LIABILITIES AND EQUITY 145,515,117 91,276,555 264,514,352 66,569,239 -144,076,401 -12,430,060 375,942,132 411,368,802 617,428,514 672,382,883 1,448,287 151,078,640 -424,633,349 -272,106,422 1,542,004 134,176,932 -539,631,065 -403,912,129 MEMORANDA ACCOUNTS DEUDORAS DE CONTROL DEUDORAS FISCALES ACREEDORAS DE CONTROL TOTAL DEUDORAS 1,448,287 151,078,640 -424,633,349 -272,106,422 1,542,004 134,176,932 -539,631,065 -403,912,129 DEUDORAS DE CONTROL POR CONTRA DEUDORAS FISCALES POR EL CONTRA. ACREEDORAS POR CONTRA TOTAL ACREEDORAS TERMOBARRANQUILLA S.A (E.S.P.) COMPARATIVE INCOME STATEMENT AS OF DECEMBER 31 2009 STATED IN THOUSAND COLOMBIAN PESOS Actual 2,044 2,018 DECEMBER 31 /2009 Budget Var. 2,415 (371) 2,362 (344) 6,668,005 1,792,416 618,462 985,849 8,069,824 1,782,750 808,894 790,763 161,000 (1,401,819) 9,666 (808,894) (172,301) 824,849 10,064,732 11,613,231 (1,548,499) Var % -15% Month end exchange rate -15% Average exchange rate 2,336 (180) -8% OPERATIONAL REVENUES CAPACITY ENERGY DELIVERED START UPS TAX ADJUSTEMENT ADDITIONAL BURNERS 109,170,687 15,455,759 5,662,203 10,925,169 8,598,492 117,733,347 18,746,505 8,704,979 12,204,533 1,889,461 (8,562,660) (3,290,746) (3,042,776) (1,279,364) 6,709,031 -7% -18% -35% -10% 355% -13% TOTAL OPERATIONAL REVENUES 149,812,310 159,278,825 (9,466,515) -6% OPERATING EXPENSES FIXED COSTS PERSONNEL COSTS CONSULTANTS SUBCONTRACTED SERVICES OFFICE EXPENSES MOBILE EQUIPMENT PUBLIC UTILITIES BUILDING MAINTENANCE SUBTOTAL FIXED COSTS 12,648,920 134,897 2,630,916 460,300 199,033 298,982 429,077 16,802,125 13,001,486 134,652 2,634,828 416,592 202,689 346,771 418,992 17,156,010 (352,566) 245 (3,912) 43,708 (3,656) (47,789) 10,085 (353,885) -3% 0% 0% 10% -2% -14% 2% -2% VARIABLE COSTS -24% CHEMICAL PRODUCTS -86% TOOLS & LAB. SUPPLIES -29% SPARE PARTS (HGPSA) -64% LUBRICANTS -35% WASTE DISPOSAL 992% ENVIRONMENTAL HANDLING -59% INDUSTRIAL SAFETY 95% EQUIP.MAINTENANCE -SPARE PARTS 1054% OVERHAUL -100% EQUIPMENT RENTAL 18% TAXES ENVIROMENTAL & OTHERS 140% SUBTOTAL VARIABLE COSTS 1,067,848 134,898 16,551,194 95,172 60,365 147,939 180,679 13,761,816 13,879,409 12,383,202 58,262,522 1,315,809 285,756 19,546,215 91,932 132,000 146,401 226,651 12,936,672 6,474,038 2,496 12,990,704 54,148,674 (247,961) (150,858) (2,995,021) 3,240 (71,631) 1,538 (45,972) 825,144 7,405,371 (2,496) (607,502) 4,113,852 -19% -53% -15% 4% -54% 1% -20% 6% 114% -100% -5% 8% -12% O & M MANAGEMENT FEE 4,989,256 5,111,547 (122,291) -2% -22% STAFF EXPENSES 5,365,527 7,338,161 (1,972,634) -27% 85,419,430 83,754,392 1,665,042 64,392,876 75,524,433 (11,131,557) -15% 8,956,083 7,047,982 18,001,957 71,721,395 105,727,417 9,124,743 10,407,840 19,874,299 77,762,233 117,169,115 (168,660) (3,359,858) (1,872,342) (6,040,838) (11,441,698) -2% -32% -9% -8% -10% (41,334,541) (41,644,682) 1,112,315 3,843,622 (12,841,292) (7,885,356) 475 (9,381,466) (4,636,785) (14,017,776) 1,111,840 13,225,088 (8,204,508) 6,132,420 (49,219,892) (55,662,458) 6,442,561 -17% 1% -100% -22% 512% 1,124,861 11,221 219,569 34,716 15,287 26,344 34,916 1,466,914 199,968 (1,048) 27,512 (2,798) 8,054 (6,295) 85,182 310,575 88,349 3,383 1,266,930 2,785 7,133 34,358 9,435 2,068,310 6,722,069 1,472,986 11,675,738 116,934 23,813 1,795,309 7,661 11,000 3,146 22,836 1,063,384 582,451 208 1,244,374 4,871,116 (28,585) (20,430) (528,379) (4,876) (3,867) 31,212 (13,401) 1,004,926 6,139,618 (208) 228,612 6,804,622 381,084 435,395 (54,311) 432,525 553,832 (121,307) 14,266,836 7,327,257 6,939,579 (4,202,104) 4,285,974 (8,488,078) 713,528 514,111 1,448,432 5,587,283 8,263,354 711,914 867,320 1,723,131 6,626,077 9,928,442 1,614 (353,209) (274,699) (1,038,794) (1,665,088) 0% -41% -16% -16% -17% (12,465,458) (5,642,468) (6,822,990) 121% INCOME BEFORE ADJUST. 275,618 (1,514,803) (2,430,080) (3,669,265) 54 (610,523) (339,356) (949,825) 275,564 (904,280) (2,090,724) (2,719,440) (16,134,723) (6,592,293) (9,542,430) (16,134,723) (6,592,293) (9,542,430) Var % 2,156 1,324,829 10,173 247,081 31,918 23,341 20,049 120,098 1,777,489 - Year to Date (JAN - DEC ) Budget Var. Actual 18% -9% 13% -8% 53% -24% 244% 21% 95% SUB TOTAL OPER. EXP. -198% OPERATIVE INCOME 510304% 148% 616% 286% DEPRECIATION AMORTIZATION FINANCIAL EXPENSES LEASING EXPENSES SUBTOTAL FINAN./DEPR./AMORT. FINANCIAL REVENUE EXCHANGE DIFFERENCE OTHER INCOME (EXP) NON OPERATING REV (EXP) 145% INCOME (LOSS) BEFORE TAXES N/A N/A TAX PROVISIONS DEFFERED INCOME TAX 145% NET INCOME (LOSS) (49,219,892) (55,662,458) 310,141 6,442,561 2% -1% 234072% -141% 177% -44% -12% N/A N/A -12% Termobarranquilla S.A. E.S.P.