Replies to post #85324 on 3Power Energy Group Inc (PSPW)

[davied25]

https://www.infrastruktura.gov.al/perfundon-procesi-i-skanimit-bonati-nderpresim-27-kontrata-per-ndertimin-e-80-hec-eve/

We point out that the process of performance evaluation and implementation of signed contracts that have not started the process of operation has been completed.

For the effect of transparency, the findings of this process are reflected by grouping them into three similar types of situations, as follows:

IN THE FIRST TYPE are included practices, whose subjects are still within the contractual terms to put the work into effect.
This group includes:

- 44 concession contracts for the construction of 92 HPPs;

- 57 contracts subject to the Council of Ministers Decision no. 822, dated 7.10.2015, for the construction of 61 HPPs;

Regarding the continuing treatment of these practices, we will proceed by following each subject a document specifying:

- The remaining time limits available to comply with the contract;

- The identified problems;

- Penalties for the violations found;

- Recommendations regarding the measures they will have to undertake to fully meet the terms of the contract;

- Penalties and measures to be faced in case of non-compliance with the following conditions;

IN THE SECOND TYPE are included the practices that have expired the contractual term, the subjects of which, or:
a) Have put some, or some, HECs in operation, while one, or some, others;
This subgroup includes:

- 20 concession contracts for the construction of 60 HPPs;

- 1 contract subject to the Council of Ministers Decision no. 822, dated 7.10.2015, for the construction of 3 HPPs; or:

b) Have made unfinished investments, in contravention of the contract
This subgroup includes:

- 11 concession contracts for the construction of 21 HPPs;

The above issues have been caused by the following reasons:

administrative bureaucracies, or circumstances that do not depend on the subject;
non-fulfillment / negligence / lawlessness in the subject's action.
Concerning the continuing treatment of these practices will be:

a) If these problems are caused by administrative bureaucratic delays, a negotiation process with the subjects will be conducted with the purpose of reviewing the contract within the legal framework, for the placement of the parties in the legitimacy in terms of deadlines or other contractual terms.
b) If these problems arise as a result of the actions or omissions of the subjects, they will be subject to penalties until the commencement of the procedure for unilaterally terminating the contract.
III. THIRD TYPE include practices that are considered as serious contractual violations that have not yet begun work on the ground or have begun to build without permission or have been abandoned for a long time.

This group includes:

- 27 concession contracts for the construction of 80 HPPs;

For all these practices on our part will proceed with the process of communicating with the entity for termination of the contract unilaterally referring to the violations of its articles and according to the foreseen legal procedure.

As stated in any public communication, the procedure followed by the technical and legal structures, from the announcement of the commencement of proceedings, to the unilateral termination of the contract, will be very cautious to minimize any financial risk that may be caused state budget.

Also, referring to the issues identified during this process, we would like to inform you that with the support and assistance provided by the Swiss Government (SECO), the process of reengineering the procedure for this activity is ongoing.

Finally, we would benefit from this opportunity to make a call to all subjects that exercise, or intend to exercise this activity, to take all the measures to comply with all legal obligations and to fulfill all the duties that will 'are forwarded to each of them in official form.