is not considered a foreign company

EGCO No. 110/ 014 Date: January 10, 2006 Attention: President of the Stock Exchange of Thailand Subject: News Clarification that the Electricity Generating Public Company Limited is not considered a foreign company Reference is made to reports in various newspapers that the Electricity Generating Public Company Limited (EGCOMP) might be considered a foreign company under the draft Foreign Business Act. EGCO would like to clarify the matter as follows: 1. EGCOMP is a Thai legal entity. The percentage of voting shares of EGCOMP that were held by foreigners as of January 9, 2007 was 44.72% of the total outstanding shares. It should be noted that Article 7 of EGCOMP Articles of Association prescribes that the foreign shareholding in EGCO shall, at all time, not exceed 45% of the total outstanding shares. Thailand Securities Depository Co., Ltd., EGCOMP share registrar, is assigned to control the foreign shareholding to be within this limit. 2. In accordance with Article 35 of EGCOMP Articles of Association, each shareholder shall have one vote for each share held by him. Consequently, foreign shareholders had 44.72% of the voting rights of EGCOMP shares outstanding as of January 9, 2007. 3. EGCOMP has 14 directors, 4 of whom are foreigners. Article 35 of EGCOMP Articles of Association prescribes that decisions of the Board meeting shall be made by majority votes and each Director shall have one vote. As such, the foreign directors have the voting rights of 28.6% on the Board of Directors which does not exceed the percentage of shareholding held by foreign investors in EGCOMP. Please be informed accordingly. Yours sincerely, Sakda Sreesangkom Senior Executive Vice President - Finance Corporate Secretary Division Tel. 0 2998 5020-4