234. Regulation of the Board of the E-control the gas-market model regulation 2012 modifies the (GMMO-VO Novella 2014)
On the basis of § 41 gas Act 2011 - MLA 2011, Federal Law Gazette I no. 107/2011 in the version of Federal Law Gazette II No. 211/2014, in conjunction with article 7, paragraph 1 Energy Control Act E-ControlG, Federal Law Gazette I no. 110/2010 in the version of Federal Law Gazette I is no. 174/2013, prescribed:
The regulation of the Board of the E-control regulations to the gas market model (gas-market model regulation 2012), Federal Law Gazette II No. 171/2012 in the version of 3. GMMO VO Novella 2013, Federal Law Gazette II No. 466/2013, is amended as follows:
1. According to section 2 paragraph 1 Z 16 following Z 16a is inserted: "16a." Sub balance sheet account "allows an account that is assigned to a record group and the mapping of input and off dining capacity to network users or clear presentation of on and off quantities of food;"
2. paragraph 12:
"Section 12 (1) network users are obliged, fully or partially unused fixed capacity immediately as secondary capacity on the online platform or the transmission system operator referred to in point 2.2.4. to offer of annex I to Regulation (EC) No. 715/2009 and the approved policies for network access to transmission networks to return."
(2) the transmission system operator cut its booked on a solid basis, but systematically unused capacity written notification a network user to partially or entirely and marketed it as the primary capacity, if and as far as other network users connected to the respective network coupling point ask fixed capacity, a contractual bottleneck and the power user of the unused capacity in accordance with paragraph 1 on the online platform has offered or returned. Capacity in any case is considered systematically unused if 1 the balance less than average took 80 percent capacity with an effective contract of more than one year from 1 April to 30 September, as well as from 1 October to 31 March in claim associated with its balance sheet group or sub balance account; or 2 the balance nominated systematically almost 100 percent of the capacity associated with its balance sheet group or its sub balance sheet account and down performing re nominations after that with the aim of circumventing the provisions of § 11 ABS. 3.
Has a network user assigned his booked capacity more than one group of balance of or sub balance sheet accounts, the examination Nos. 1 and 2 for the sum of systematically unused capacity in accordance with the capacity associated with this balance group or sub balance sheet total.
(3) the capacities are avoiding by the transmission system operators to the extent of the average under-spending for the remaining effective term; Here is carried out the withdrawal in the case of balance groups or sub balance sheet accounts, in which multiple network users, brought capacity pro rata according to the capacity introduced by the users of the network.
(4) by a withdrawal referred to in paragraph 2 is to be seen if the power user within 14 days after written notification of withdrawal in writing that he has made 1, the capacity in accordance with paragraph 1 in the secondary market for a price not exceeding the compensation originally payable for the corresponding primary capacity on the transmission system operators, offered or the transmission system operator for the period and to the extent of non-use available; or 2 the capacity to fully continue to needed to existing contractual obligations, in particular from its gas supplies or gas supply contracts, to meet.
(5) by the existence of a fact holdings referred to in paragraph 2 and the envisaged scope of withdrawal referred to in paragraph 3 has the transmission system operators, the regulatory authority promptly to communicate, as well as, where appropriate, to provide the documents referred to in paragraph 4.
(6) the rights and obligations of the capacity contract remain in the scope of the network user, in which the capacity of the transmission system operators as primary capacity is given new. With respect to security services, the relevant provisions in the General conditions apply for network access to transmission networks.
(7) transmission system operators shall have according to para 2 and 3 in particular to the associated and actually used capacity per balance sheet group or sub balance account for five years to keep information and to provide on request by the regulatory authority."
3. paragraph 13 paragraph 1:
"(1) access to the network in the distribution system depends on the provisions of §§ 27 ff AMLA 2011." A network access request must contain at least the information listed in Appendix 1. In network access agreements, a date can be agreed as the beginning of grid usage, maximum is three years after the network access agreement. At network access agreements, in which it was agreed that network using later than three months after the conclusion of the contract begins, can that in accordance with Appendix 1 point I no. 1 lit. h required disclosure of the supplier in the course of the registration change regulation 2014 be rescheduled. Non-discriminatory and objective conditions to guarantee of the capacity reservation can be arranged in network access agreements, which agreed that the grid usage starts later than three months after the conclusion of the contract; In addition, a reasonable payment for the (partial) failure to use of the agreed capacity from the agreed beginning of the network usage to the extent of the failure to use is contractually set. "The provisions for the height, reduction and security of payment in accordance with Appendix 1 point III Z 1 paragraph 4 shall apply mutatis mutandis."
4. According to section 13, paragraph 2, the following paragraph 2a is inserted:
"(2a) a change of the agreed maximum power in accordance with Appendix 1 point I no. 1 lit." c is possible, taking into account any agreed conditions once the period of twelve months."
5. According to § 13 para 3 the following paragraph 4 is added:
"(4) the distribution system operator companies also acts as a consumer, whose system of which is connected to the own distribution system the provisions of the 2nd and 3rd section for access to the network by analogy to apply are. The self-use equipment of operator, which serve the operation of natural gas transmission facilities are not affected."
6 the following sentence is added to in section 14 para 3:
"A network access agreement entitled the network access entitled not to the use of the network."
7 § 16 para 1 second and third sentence reads:
"The operators are obliged to permanently hold the last booked capacity for the following year. A reduction of more than ten percent of the annual booking towards the capacity agreed between the memory and the network operator for the affected year is possible only to the extent in which this capacity can be economically equivalent marketed."
8. According to article 16, paragraph 1, the following paragraph 1a is inserted:
"(1a) Byway of derogation from paragraph 1 can store business with the network operator, whose network the storage system is connected to (or is to be connected), agree to ongoing in and off saving maximum capacity for a minimum period of 15 years." The obligation to provide the booked capacity ends with the expiry of the contract, if not up to three years before the end of an agreement then to be met before capacity is reached. A reduction of the booking to the capacity agreed for the duration of the contract is possible only to the extent in which this capacity can be economically equivalent marketed. Capacity expansion project initiated solely by an individual storage company, a reduction of the booking is possible only in accordance with the capacity enlargement treaty. An increase of the booking to the stored capacity is possible by way of the network access request pursuant to article 13."
9 § 17 para 1 third sentence reads:
"A reduction of more than ten percent of the annual booking over permanently to keep capacity is possible only to the extent, in which this capacity can be economically equivalent marketed."
10 § 18 paragraph 7 last sentence reads:
"A change of accounting period is possible once within twelve months and must be reported immediately to the respective provider of the distribution system operators."
11 paragraph 24 paragraph 1:
"Special balance groups set up (1) operator for the determination of power losses and own usage (net balance group of loss of). Network operators have to designate a balance for this account group. Additionally, several network operators can make common network loss balance groups, in particular to obtain the net energy of of loss of. Counting points by end users may be mapped to a particular balance sheet group."
12 § 24 para 2 the following sentence is added:
"Form a joint net loss balance sheet group several network operators, so the named balance has to conclude a contract with the balance group coordinator or the market area manager, the operators of virtual trading point, as well as all necessary contracts to the listing."
13. in article 24, paragraph 5, the word order is deleted "of a balance group".
14. in article 26, paragraph 6, second sentence the word "Transmission system operator" is replaced by "Operators".
15 paragraph 27 paragraph 1:
"(1) the accounting of deviations between end user schedules and actual consumption, the special balance group for distribution, the border linking points in the distribution system and the differences between reported via timetable and appropriate bio gas single quantities of food is carried out by the balance Group Coordinator."
16 paragraph 27 paragraph 4:
"(4) the border linking points in the distribution system and the special balance group in the distribution system in accordance with section 24, as well as the feeds of producers of biogenic gases are accounted for based on daily values. The accounting for the input or Board to limit coupling points in the distribution system based on measured hourly values. "With the adjacent network operators an operational balancing Agreement agreed to apply to the balance, that confirmed quantities are also the allocated quantities."
17 paragraph 37 paragraph 4:
"(4) the balance Group Coordinator performs the accounting treatment for physical differences between the amounts of gas plus the actual feeds of biogenic gases, passed pursuant to paragraph 3 the differences on the boundary coupling points to downstream market areas and the actual end user acceptance tests. The balancing is to conduct differentiated according to § 41 para 2 and 3 on each balance sheet group and occurs in units of energy."
18. in paragraph 41, paragraph 8, first sentence is replaced by the word "Boundary coupling points" the word "Border passing points".
19. According to article 41 paragraph 10 be added following paragraph 11 and 12:
"(11) for the input or Board to limit coupling points to downstream market areas accounted for every hour based on measured values of hours. Was with the adjacent downstream network operator an operational balancing Agreement agreed to apply to the balance, that confirmed quantities are also the allocated amounts, provided that the agreed limits in the operational balancing agreement were not injured.
(12) the rules on the merit order pursuant to § 31 apply list accordingly. By way of derogation a lead time of 180 minutes applies to the market areas of Tirol and Vorarlberg in terms the views of balancing energy offers through the distribution area manager."
20. in article 43, paragraph 1, first sentence, the word is deleted "upstream".
21. in article 43, paragraph 6, second sentence replaces the reference "section 44 para. 5" by "article 44 paragraph 6".
22 paragraph 44 paragraph 1:
"(1) the balance Group Coordinator determines market based balancing energy prices for the commercial balance of divergences between consumer schedules and measured, for the accounting of the boundary coupling points to downstream market areas, for the accounting of special record groups for distribution and for differences between reported via timetable and appropriate bio gas single quantities of food."
23 § 44 para 2 sentence 1 reads:
"For the balancing energy billing of the power user in accordance with § 37 para 6 as well as the boundary coupling points to downstream market areas, a volume-weighted average price per hour on the basis of polls the Distributor area manager by the exchange of natural gas at the virtual trading point of the upstream market area and by the merit order list is determined."
24. in article 44, paragraph 4, first sentence, is the phrase "the border linking points in the distribution system," deleted.
25. According to § 47 para 8 the following paragraph 9 is added:
"(9) section 2 paragraph 1 Z 16a, § 12, § 13 para 1 and 2a, § 13 para 4, § 14 para 3, article 16, paragraph 1 and 1a, § 17 para 1, § 18 paragraph 7, article 24, paragraph 1, 2 and 5, § 26 para 6, article 27, paragraph 1 and 4, § 37 para 4, § 41 para 8, 11 and 12, § 43 para. 1 and 6, article 44, paragraph 1, 2 and 4 and article 47 paragraph 9 as amended by the GMMO-VO Novella 2014" ", Federal Law Gazette II No. 234/2014, with October 1, 2014, 6:00, into force."