88. Regulation of the Management Board of E-Control, with which the Gas-Market Model Regulation 2012 is amended (GMMO-VO Novelle 2013)

Due to § 41 Gaswirtschaftgesetz 2011-GWG 2011, BGBl. I n ° 107/2011 in the version of the Federal Law BGBl. I No. 138/2011, iVm § 7 para. 1 Energy Control Act-E-ControlG, BGBl. I No 110/2010 in the version of the Federal Law BGBl. I No 51/2012, shall be arranged:

The regulation of the Board of Management of E-Control on gas-market model regulations (Gas-Market Model Regulation 2012), BGBl. II No. 171/2012 in the version of the GMMO-VO Novelle 2012, BGBl. II No 443/2012, shall be amended as follows:

1. § 9 (5) reads:

"(5) The registration required for a booking shall take place in accordance with the general conditions of the operator of the online platform for the allocation of capacity."

2. § 11 reads:

" § 11. (1) The balance sheet group responsible, whose balance group has been assigned the capacity by the network user in accordance with Section 23 (1), is responsible for the nominations and renominings of its balance sheet group.

(2) The group responsible for the balance sheet group nominates the quantities of gas to be transported within the framework of the use of fixed capacity at a booking point until 2:00 p.m. of the day before the delivery date. If no nomination is received by the transmission system operator until that date, zero shall be deemed to be a nominal value. The handling of bundled nominations must be in accordance with the respective accounting rules.

(3) The nominating balance group responsible may replace its original nomination with at least two hours of lead time for the full hour by renominating. Renomination is permitted if it is not 90% of the balance sheet group or exceeds the fixed capacity allocated to the sub-balance sheet account and does not fall below 10% of the allocated fixed capacity. In the case of initial nominations of at least 80 per cent of the balance sheet group or the fixed capacity allocated to the sub-balance sheet account, half of the non-nominated area for the renomination is allowed upwards. In the case of initial nominations of no more than 20 per cent of the balance sheet group or the fixed capacity allocated to the sub-balance sheet account is allowed to be half of the nominated area for the renomination downwards. The permissible renomination is rounded off to a commercial point of kWh. When determining the allowable renomination area of a balance sheet group, day ahead capacities are not taken into account.

(4) The nominations and renomination of the balance-group managers shall be assigned by the transmission system operator first to the fixed and then to the interruptible capacity products. These allocations and the tests referred to in paragraphs 3 and 7 shall be carried out on an hourly basis.

(5) If a renomination of fixed capacity exceeds the permissible range in accordance with paragraph 3, it shall be assumed only in the sum of the capacity booked. The part of the renomination that exceeds the permissible range is to be treated as a nomination of interruptible capacity and, in the event of a bottleneck, to interrupt first.

(6) The network users who have booked an average of less than ten per cent of the annual technical capacity at the point of booking in a river direction during the previous 365 days shall be subject to the restrictions on renomination referred to in paragraphs 3 and 5 of this Regulation. this point of the book and, in this direction of flow, under the following conditions: the balance sheet group or the sub-balance sheet account, the balance sheet or the sub-balance sheet account that are assigned to the capacity of this network user,

1.		shall be allocated less than ten per cent of the annual technical capacity at the relevant point of entry in the river direction concerned; and
2.		shall not be associated with the capacity of a network user to which the condition of the first sentence of this paragraph shall not apply in the same way.
Day-ahead capacities are not taken into account when determining the booked and allocated fixed capacities.

(7) The responsible group responsible for balance sheet groups may establish sub-balance accounts. The nomination or In this case renomination of gas volumes is carried out by the responsible accounting group responsible for the corresponding sub-balance sheet account, the corresponding nomination and renomination rules for balance sheet groups apply analogously.

(8) The nomination must be submitted individually for each flow direction. The nomination of bundled capacity shall be effected by submitting a bundled nomination.

(9) The transmission system operator shall offer the capacity free from the use of the renomination restrictions as provided for in paragraphs 3 and 5 as day-ahead capacities in accordance with § 6 para. 3.

(10) The Day Ahead capacities awarded in accordance with Section 6 (3) shall be nominated by 20.00 for the next day.

(11) Capacities booked in the short term (Day Ahead-, Rest of the Day-and Within Day-capacity) shall be included in balance sheet groups without delay.

(12) The network user, whose capacities have been offered by the transmission system operator pursuant to § 6 para. 3, remains committed to payment of the feed-in or exit charges.

(13) In so far as comparable rules are applied to the limit coupling points of neighbouring network operators, the transmission system operators may, at these interfaces, be subject to the restriction of the renomination rights referred to in paragraphs 3, 5, 6 and Paragraph 8, second sentence, if necessary, in order to allow for a settlement compatible with the neighbouring market area. In particular, the bundling of capacities should not be made more difficult. The deviation shall be notified in advance to the regulatory authority and shall be justified.

(14) (1) to (13) shall also apply to contracts concluded prior to the entry into force of this Regulation. "

3. § 15 (3) reads:

" (3) § § 8, 9, 12 shall apply mutaly to the network access to limit coupling points in the distribution network. The distribution area manager is responsible for the supply and allocation of the input and output capacities in the distribution area at the market area limit. Capacity shall be marketed in the order of receipt of the network access requests from the distribution area manager via an online platform. "

4. § 18 para. 2 reads:

" (2) The market manager leads the balance sheet compensation for all nominees or Gas quantities declared by road map. The balance sheet group coordinator shall compensate for the balance sheet compensation for physical deviations resulting from the actual final consumer acceptance and the final consumer timetables for which it is registered and the balance sheet balance of the limit coupling points in the distribution network, the special balance-sheet groups for distribution networks and the differences between the quantities of biogas feed that are registered and measured by the timetable. Balance sheet compensation is to be carried out in each balance sheet group and takes place in energy units (kWh or MWh). "

5. § 18 (6) to (7a):

" (6) For network users who have a contractual maximum power of more than 10,000 kWh/h with the network operator per input or output, respectively the output or the output of the network operator. The counting point has been agreed upon, notwithstanding paragraph 5, one hour shall be considered as the accounting period (period of measurement).

(7) Network users who have a contractual maximum power of more than 10,000 kWh/h with the network operator and up to 50,000 kWh/h per one-or-a-one-respectively out-of-feed or exit-respectively. Counting points have been agreed and their measured values are available online to the distribution system operator, can opt for the daily accounting regime in accordance with paragraph 5. Opting declarations shall be deemed to be a network access request in accordance with § 13. A change in the balance sheet period is possible once within twelve months.

(7a) The transmission of the online measurement values in accordance with paragraph 7 shall take place in accordance with the General Conditions of the Distribution Area Manager. "

6. In accordance with section 19 (11), the following paragraph 12 is added:

" (12) If one of the contracts to be concluded by the accounting group responsible in accordance with para. 2 to 4 is subsequently removed, the respective contractual partner shall each have the market area manager, the operator of the virtual trading point, the The distribution area manager as well as the balance group coordinator shall be notified without delay. "

Section 23 (1) reads as follows:

" § 23. (1) A prerequisite for the nomination or the timetable registration of gas quantities at the points of entry or exit in the market area is the timely allocation of the capacities booked at these points to balance sheet groups. The total booked capacity at the points of entry and exit at the market area limits shall be provided by the network user to the network operator on the basis of the entry or exit between the network operator and the network operator between the network operator and the network operator. The expletion order is assigned with the identification number of the balance group. The network user can split up booked capacities according to their height and allocate these parts to different balance sheet groups as well as to different sub-balance accounts. The network user must be the balance sheet group responsible or direct accounting group member of the balance sheet group according to § 20 paragraph 2, which assigns capacity to the group. "

8. § 24 (1) to (4) are:

" § 24. (1) Network operators shall set up special balance sheet groups for the identification of network losses and own consumption (net loss account group). Network operators shall appoint a group responsible for the balance sheet group for this group. Several network operators may form common network loss account groups. Counting points of end consumers must not be assigned to a special balance sheet group.

(2) The performance of the activities of a group responsible for balance sheet groups for balance sheet groups in accordance with paragraph 1 above and for the special balance sheet group of the balance sheet group coordinator shall not require any formal approval. With the establishment of a special balance sheet group, distribution system operators have a contract with the balance sheet group coordinator, transmission system operator a contract with the market area manager and the operator of the virtual trading point, as well as the The balance group coordinator shall conclude a contract with the market manager in which the rights and obligations relating to the respective tasks of the parties to the contract are regulated.

(3) In any case, the net loss account group is a road map or to create a nomination for losses and self-consumption. If several network operators form a common network loss account group, the balance group manager shall have the balance group coordinator or the balance sheet group coordinator. report to the market area manager which network operators are involved in.

(4) The known total network losses and the self-consumption of the respective previous year serve as the basis for the creation of the network loss plan. These represent a certain percentage of the total energy output from the network under consideration and are to be determined as follows:

1.		On the basis of measurements, the network operator is responsible for exact values for the timetable and/or To draw up the nomination.
2.		If there is no measurement, or if economic reasons are not acceptable, then the figures are from the previous year or from the previous year. best possible estimated values for the timetable and/or To draw up the nomination.
3.		Should the network operator have more exact values on the basis of their own calculations, these are the basis for the timetable and/or the timetable. To draw up the nomination.
4.		Should the network operator have to do without pressure due to work on the network, these quantities are to be precisely determined for emptying and filling and in the timetable and/or the timetable, respectively. To take account of the nomination. "

9. § 24 (7) reads:

" (7) If several network operators have joined together to form a net loss account group, it shall be free of charge to the balance group responsible, after voting with the balance sheet group coordinator, or the market area manager either an overall timetable or an overall nomination or individual timetables, or -nominations per network operator to the balance sheet group coordinator or to the market area manager. "

10. § 25 (4) (2) (2) reads:

" 2.		the sending of the SLP consumption forecasts to the respective accounting group responsible for each supplier and the transmission of the sum of the SLP consumption forecasts to the market area manager; "

11. § 25 (4) (6) and (7) are:

" 6.		The dispatch of the feed plan for feed-in quantities from biogas plants to the balance group coordinator;
7.		the sending of nominations for limit coupling points in the distribution network to the balancing group coordinator; "

12. § 25 (8) Z 5 reads:

" 5.		The at least monthly transmission of measurement data for the consumption of network users aggregated per provider, for installations of producers of biogenic gases, measurement data of the limit coupling points in the distribution network, gas transfers from storage and production as Sum value as well as measurement data for gas submissions between networks in the distribution area to the balance group coordinator and to the distribution area manager. "

Section 26 (1) reads as follows:

" § 26. (1) Accounting for all gas volumes in the market area, except for the difference between final consumer timetables and the actual consumption of end consumers, the difference between notified timetables and measurement values Boundary coupling points in the distribution network, the special balance-sheet groups for distribution networks and differences between the quantities of biogas fed in and measured by road map, are carried out by the market area manager. "

14. § 26 (4) to (6) are:

" (4) The market area manager shall account for the nominal quantities of the balance sheet groups and inform the balance-group managers of the occurrence of daily imbalance. If the group responsible for the balance sheet group is not to renominate within one hour and adjust the daily unbalance per balance sheet group, then the corresponding quantities on the natural gas exchange will be purchased or sold on the virtual machine A trading point of compensation for the balance sheet group concerned. The market area manager may extend the reaction period of one hour. The extension is to be published on the online platform. The exchange transactions at the virtual trading point will be made in the name and on the account of the respective accounting group responsible at the respective exchange price for the respective exchange price for the respective exchange price. Sale completed. This scheme shall not apply to the special balance sheet group of the balancing group coordinator.

(5) The compensation in accordance with paragraph 4 shall not be carried out if the day-to-day balance of a balance sheet group is less than the exchange-capable amount of 1 MWh/h. If the compensation due to the lead times at the virtual trading point can no longer be carried out in good time until the end of the day, this daily unbalance for the Gastag (D) will be made no later than in the balance sheet of the next guest day (D + 1) .

(6) The market area manager has to raise a structural contribution from the accounting group responsible for the day-to-day structuring of the hourly imbalance between the entry and exit of each balance sheet group. The financial statements of the structuring contribution exclude the special balance sheet groups of the market area manager, the balance group coordinator and the transmission system operator. The basis for the assessment of this structuring contribution shall be the costs of the underground structuring referred to in paragraph 7. The market area manager shall recalculate the structural contribution at least annually on the basis of the energy obtained in the last twelve months to compensate for hourly deviations and the costs incurred in doing so. The calculation is carried out on the basis of the general conditions of the market area manager. The defined structural contribution shall be reported to the regulatory authority and published on the online platform. Per 1. This structural contribution will be set at a maximum of 0.4 cent/kWh in January 2013. Each year, the market area manager shall submit a report to the regulatory authority on the extent of the procurement of underground structuring measures to meet the network requirements. The accounting of the structuring contribution shall be carried out monthly within five working days of the respective accounting month. "

15. § 27 (4) and (5) are:

" (4) The balancing of the limit coupling points in the distribution network and the special balance sheet groups in the distribution network in accordance with § 24, as well as the feed-in of producers of biogenic gases, shall be based on daily values. The balancing of the input or output of the limit coupling points in the distribution network is based on measured hourly values, provided that no operational balancing agreement has been agreed with the adjacent network operator. In the case of agreed operational balancing agreements, the accounting group responsible shall be responsible for the confirmed quantities also corresponding to the allocated quantities.

(5) The settlement shall take place on the basis of the quantities determined in section 2 to 4 and the compensation energy prices determined in accordance with § 32 and shall be carried out monthly within three working days after the clearing date of the respective settlement month. The date of the clearing operation shall be that at which the network operators shall forward to the balance sheet coordinator at the latest the clearing-related data, the latter shall be published by the balance sheet coordinator. "

16. § 27 (10) reads:

" (10) The amount of compensation in each balance group determined in accordance with paragraphs 2 and 3 shall be based on the actual measured and/or the actual measured value of the balance sheet at the latest 14 months after the settlement in accordance with paragraph 5 corrected annual energy consumption of production and consumption. "

17. § 28 (2) reads:

" (2) The distribution area manager shall update these SLP consumption forecasts in accordance with paragraph 1 on the basis of current temperature forecasts in cooperation with the respective distribution system operator within the guest day three times a day before midnight and transmitted if required by the respective accounting group responsible, as well as the sum of the SLP consumption forecasts to the market area manager. "

Section 32 (2) reads as follows:

" (2) For the purpose of balancing the energy of the network users in accordance with Section 18 (6), a weighted average price per hour on the basis of the call of the distribution area manager from the natural gas exchange at the virtual trading point and from the Merit Order will be List determined. For balancing energy, which is responsible for the balance sheet group, a three percent discount and a three percent discount on the quantity weighted average price per hour are applied for the balancing energy supplied. If no calls are made by the distribution area manager, the last available auction price on the within-day market of the natural gas exchange at the virtual trading point shall be referred to the delivery hour for which compensation energy is to be charged. Compensatory energy price used and the respective up or down applied. If no price has been reached on this day at the natural gas exchange of the virtual trading point, the last available hourly compensation energy price will be used. "

19. § 32 (4) to (6) are:

" (4) For the accounting of the limit coupling points in the distribution network, the special balance-sheet groups of the distribution networks and the differences between the quantities of biogas feed registered and measured by the timetable, the quantity of biogas used for the respective delivery period shall be determined by the Natural gas exchange at the virtual trading point of published quantitative price index for spot market products. If no price can be formed for the respective delivery period, the volume-weighted price index for spot market products, which was last published by the natural gas exchange at the virtual trading point, will be used.

(5) The compensation energy price shall be expressed in Cent/kWh and shall be rounded off to at least three composting points.

(6) Should the compensation energy account of the balance-group coordinator give itself a concealment, it shall be based on the quantities of the network users in accordance with § 18 (5) and (7), on the basis of the provisions in the general terms and conditions of the balance sheet group coordinator, and the balance sheet group coordinators. The transfer shall be a component of the compensation energy bill and shall be shown in Cent/kWh. The transfer shall be fixed by the balance sheet group coordinator for the following six months. "

20. § 35 (2) reads:

" (2) For the operational implementation of the provisions of this Part, the balance group coordinator and the distribution area manager have the necessary contracts with the network operators and the market area manager of the adjacent upstream part of the Market area. "

21. § 37 (6) and (7) are:

" (6) For network users who have a contractual maximum power of more than 10,000 kWh/h with the network operator per input or output, respectively the output or the output of the network operator. The counting point shall be valid for one hour as the accounting period (measurement period). The balance sheet transfer in accordance with section 37 (3) for the supply of end consumers with the hour as accounting period has to be carried out for hours in accordance with the forecast load cycle.

(7) Network users who have a contractual maximum power of more than 10,000 kWh/h with the network operator and up to 50,000 kWh/h per one-or-a-one-respectively out-of-feed or exit-respectively. Counting points have been agreed and their measured values are available online to the distribution system operator, can opt for the daily accounting regime in accordance with paragraph 5. The online measurement values are transferred in accordance with the General Conditions of the Distribution Area Manager. Opting declarations shall be deemed to be a network access request in accordance with § 13. A change in the balance sheet period is possible once within twelve months. "

22. § 41 (4) reads:

" (4) The settlement shall take place on the basis of the quantities determined in paragraphs 2 and 3 and the compensation energy prices determined in accordance with § 44 and shall be carried out monthly within three working days after the clearing date of the respective settlement month. The date of the clearing operation shall be that at which the network operators shall forward to the balance sheet coordinator at the latest the clearing-related data, the latter shall be published by the balance sheet coordinator. "

23. § 42 reads:

" § 42. (1) The distribution area manager shall draw up, in cooperation with the respective distribution system operator, each network area, each supplier and SLP type, by means of suitable temperature forecasts, an SLP consumption forecast by 12.00 noon for the following day and shall transmit them in total to the respective accounting group responsible

(2) The distribution area manager shall update these SLP consumption forecasts in accordance with paragraph 1 on the basis of current temperature forecasts in cooperation with the respective distribution system operator within the guest day three times a day before midnight and transmitted these are in each case again responsible for the respective accounting group responsible. "

24. § 44 (3) to (5) are:

" (3) For the compensation of the final consumer in accordance with Article 37 (6), a weighted average price per hour on the basis of the call of the distribution area manager shall be determined by the natural gas exchange of the virtual trading point and by the merit Order List is determined, whereby the balance energy of the balance group responsible for the balancing energy is a three percent impact and a three percent drop in the balancing energy supplied. If no calls are made by the distribution area manager, the day reference price published on the current day on the natural gas exchange at the virtual trading point of the adjacent upstream market area shall be considered as a compensation energy price is used and evaluated with the respective up-or-down rate. If there is no price on this day at the natural gas exchange of the virtual trading point of the adjacent upstream market area, the last available hourly compensation energy price will be used.

(4) The compensation energy price shall be expressed in Cent/kWh and shall be rounded off by at least three composting points.

(5) Should the balancing energy account of the balance-group coordinator result in a concealment, it shall be based on the quantities of the net users in the daily balance sheet, based on the provisions in the balance sheet group coordinator. the general terms and conditions of the balance sheet group coordinator, and the balance sheet group coordinators. The transfer shall be a component of the compensation energy bill and shall be shown in Cent/kWh. The transfer shall be fixed by the balance sheet group coordinator for the following six months. This transfer shall also cover any costs and proceeds from the commercial settlement of unbalanced accounts of a balance-sheet account outside the tolerance range defined therein pursuant to § 41 (1) (2) (2). "

25. In accordance with § 46 (7), the following paragraph 8 is added:

" (8) The nomination and renomination provisions of Section 11 (3), (5), (6), (9) and (10) shall apply to nominations and renominings as from 1. October 2013. "

26. In accordance with Section 47 (4), the following paragraphs 5 to 7 are added:

" (5) § § 9 para. 5, § 11, § 15 para. 3, § 18 para. 2 and 7a, § 19 para. 12, § 23 para. 1, § 24 para. 1 to 4 and para. 7, § 25 para. 4 Z 2, 6 and 7, § 25 para. 8 Z 5, § 26 para. 1, para. 4 and para. 6, § 27 para. 4, 5 and para. 10, § 28 para. 2, § 32 para. 2 and para. 4 up to 6, § 46 (8) and Annex 1, point III. Z 1 (1), in the version of the GMMO-VO Novelle 2013, BGBl. II No 88/2013, do not determine otherwise, as far as paragraphs 6 and 7 are in force, on 1 April 2013.

(6) § 9 para. 5, § 11, § 35 para. 2, § 37 para. 6 and para. 7, § 41 para. 4, § 42 and § 44 para. 3 to 5 of the Gas-Market Model-Ordination 2012, BGBl. II No 171/2012, shall expire on 30 March 2013.

(7) § 26 (5) in the version of the GMMO-VO Novelle 2013, BGBl. II No. 88/2013, will enter into force on 1 June 2013. § 18 (6) and (7), § 35 (2), § 37 (6) and (7), § 41 (4), § 42 and § 44 (3) to (5) in the version of the GMMO-VO Novelle 2013, BGBl. II No 88/2013, enter 1. October 2013, in force. "

27. Annex 1, point III. Z 1 (1) reads as follows:

" (1) The distribution system operator is obliged to immediately forward the customer's request as well as a waiver of the customer to the distribution area manager upon request, so that the distribution area manager will submit the application in accordance with the provisions for long-term planning (§ § § § § 1). 22 GWG 2011). "

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