Current Report No. 11/2018

Current Report No.: 11/2018

Date of preparation: 24.03.2018

Short name of Issuer: ENERGA SA

Legal basis: Art. 17 section 1 of MAR – confidential information

Subject: Notification on receiving by the Management Board of Elektrownia Ostrołęka sp. z o.o. of a motion for approval of the conclusion of the public contract awarding procedure under the name of “Construction of Ostrołęka Power Plant C with approx. 1,000 MW power output”

Content of report:

The Management Board of ENERGA SA (“Issuer”) hereby informs that on March 23, 2018,
as a shareholder of Elektrownia Ostrołęka sp. z o.o. (“Ordering party”, “Company”), it received from the Company’s Management Board a motion to the Company’s general meeting of shareholders to approve the conclusion of the public contract awarding procedure under the name of “Construction of Ostrołęka Power Plant C with approx. 1,000 MW power output” (“Procedure”, “Contract”). In its motion, the Company’s Management Board indicated that it requested the approval of the Company’s general meeting of shareholders to select the Consortium of GE Power Sp. z o.o. and Alstom Power
System S.A.S, as the General Contractor, whose bid was to execute the subject matter of the Contract in compliance with the parameters set out in the offer for the amount of PLN 5,049,729,000.00 net, PLN 6,023,034,950.00 gross. In line with the motion, the said approval of the Company’s general meeting of ahareholders shall be expressed subject to effective (i.e. indicating the absence of any premises justifying the exclusion of the contractor or the rejection of the tender thereof) submission by Consortium of GE Power Sp. z o.o. and Alstom Power System S.A.S of all the documents and representations required, pursuant to Art. 26 section 1 of 29 January 2004 Public Procurement Law (Journal of Laws of 2017, item 1579, as amended).

Pursuant to the Company's Statute, the general meeting of shareholders shall agree for the conclusion of the public contract awarding procedure to select the General Contractor by virtue of a resolution.

Submission by the Company’s Management Board of the said motion to the general meeting of shareholders, as well as the possible adoption by the Company’s general meeting of shareholders of the resolution in question, is not equivalent to:

• the decision being taken by the Company's Management Board to select the General Contractor, hence it does not mean the conclusion of the Procedure by the Ordering Party;
• the consent to enter into a contract with the General Contractor – in order to give such a consent it is necessary to obtain the required corporate approvals, including the consent of the Issuer's Supervisory Board;
• the agreement to issue a notice to proceed (NTP) – the issue of NTP requires, among others, prior consent of the Issuer’s Supervisory Board and prior qualified consent of the Issuer's General Meeting to join the Construction Stage.

The Issuer will provide further information on the Procedure in separate current reports.