1. Teco Guatemala Holdings LLC, the claimant in this arbitration (“Teco” or “the Claimant”), is a limited liability company established in 2005 under the laws of the state of Delaware in the United States of America.
2. Teco is a subsidiary entirely owned by TECO Energy Inc. (“TECO ENERGY”), a parent company established under the laws of the state of Florida, United States of America.
3. In 1998, another subsidiary of the group TECO ENERGY established in the Cayman Islands and known as Teco Power Service Corporation de Ultramar Guatemala, S.A. (“TPS”), together with Iberdrola Energía S.A. (“Iberdrola”) and Electricidade de Portugal S.A. (“EDP”), formed the Guatemalan company Distribución Eléctrica Centro-Americana S.A. (“DECA I”), and through the latter company, acquired 80 percent of the capital of Empresa Eléctrica de Guatemala S.A. (“EEGSA”).
4. EEGSA is a Guatemalan electricity company. Under Ministerial Agreement No. OM-158-98 of April 2, 1998 and the Authorization Agreement of May 15, 1998, the Ministry of Energy and Mines of Guatemala (“MEM”) authorized EEGSA to distribute electricity in the departments of Guatemala, Sacatepéquez, and Escuintla for a period of 50 years. Following the privatization of EEGSA, under Ministerial Agreement No. OM-32-99 of January 11, 1999 and an Authorization Agreement of February 2, 1999, MEM also authorized EEGSA to distribute electricity in the departments of Chimaltenango, Santa Rosa and Jalapa for a period of 50 years.