309. Regulation of the Regulatory Commission of E-Control, which determines the charges for the use of the system in the gas industry (Gas-Systems-Use-charges-Regulation 2013, GSNE-VO 2013)

Due to § 70 Gaswirtschaftsgesetz 2011-GWG 2011, BGBl. I n ° 107/2011 iVm § 12 sec. 2 Z 1 Energy Control Act-E-ControlG, BGBl. I No 110/2010 in the version of the Federal Law BGBl. I No 107/2011, shall be arranged:

Part 1

General

Subject-matter

§ 1. This Regulation shall determine the following system usage charges for the transmission system:

1.		Network usage fee;
2.		Network access charge and
3.		Network provision remuneration;

Definitions

§ 2. (1) For the purposes of this Regulation, the following definitions shall apply

		"dynamically allocated capacities (DZK)" means a capacity that is limited only in combination with specified input and/or output data. In the case of a fixed capacity, it can be offered as a fixed capacity, and a use in connection with other input/output points. Exit points and/or the virtual trading point is only possible on an interruptible basis (§ 3 paragraph 2 Z 2 Gas-Market Model-Regulation 2012 (GMMO-VO 2012), BGBl. II No 171/2012).
		"conversion calorific value" means the calorific value in kWh/Nm³ (0 ° C) used in the conversion of the existing volume-based transport contracts to energy-saving input and output applications for the determination of capacity in kWh/h. This amounts to 11.19 kWh/Nm³ (0 ° C) for the market area of East Germany.

(2) Furthermore, the definitions in accordance with § 7 GWG 2011, § 2 GMMO-VO 2012 and Art. 2 of Regulation (EC) No 715/2009 on the conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 apply. 1. No. OJ L 211, 14.08.2009.

Part 2

System usage charges in the transmission system

Network usage fee for feed-in and customer

§ 3. (1) For the network usage fee for the feed into the for the discharge from the transmission system, charges shall be determined which, if not shown in particular, are expressed in EUR/kWh/h per year and per one or more The point of exit is indicated and in which the cost of compressor energy is included. The fee must be paid by the network user even if it is not nominated or only partially nominated for booked capacity.

(2) The network use charge for the supply to the transmission system for contracts with a maturity of one year or longer shall be free of charge for the following feed points, in relation to the contractually agreed feed-in power for fixed, free Dispatchable feed-in capacities, as follows:

1.		Tree garden: 0,70
2.		Upper cappel: 1,39
3.		Overackers: 1,54
4.		Arnoldstein: 1,39

(3) The network usage fee for the discharge from the transmission system for contracts with a maturity of one year or longer shall be free of charge for the following points of dessert, in relation to the contractually agreed delivery service for fixed, free Available spout capacities, as follows:

1.		Tree garden: 1,15
2.		Top cap: 4,21
3.		Arnoldstein: 5.26
4.		Murfeld: 4,16
5.		Mosonmagyaróvár: 1.92
6.		Petrzalka: 1,97
7.		Distribution area: 0,65
8.		Overpackers: 4,21

(4) For feed-in points where it is not possible to feed from a physical point of view, and the transport can be offered exclusively on an interruptible basis, the network use charge shall be used for feeding into the transmission system for Contracts with a maturity of one year or longer for the following feed-in points, in relation to the contractually agreed feed-in power, shall be determined as follows:

1.		Murfeld: 2,08
2.		Mosonmagyaróvár: 1.92
3.		Petrzalka: 1,97

(5) The network usage charge for the supply to the transmission system shall be for the following feed-in points for contracts with a maturity of one year or longer, based on the contractually agreed feed-in power for dynamically dispatchable Feed-in capacities, as determined by the following (the exit points in brackets denote those exit points where the transport is guaranteed to be offered):

1.		Baumgarten (Oberkappel): 0,62
2.		Baumgarten (Overackers): 0,62
3.		Top cap (overchopper): 0,21
4.		Oberkappel (Baumgarten): 1,24
5.		Baumgarten (Storage MAB): 0,21
6.		Arnoldstein (Distribution area): 0,56
7.		Overcoat (upper cappel): 1,39
8.		Arnoldstein (Murfeld): 0,56

(6) The network usage fee for the transmission from the transmission network shall be for the following exit points for contracts with a maturity of one year or longer, based on the contractually agreed output power for dynamically allocated Feed-in capacities, as follows (the feed-in points in brackets denote those feed-in points, in the combination of which the transport is guaranteed to be offered):

1.		Baumgarten (Oberkappel): 0,75
2.		Baumgarten (Storage MAB): 0,21
3.		Oberkappel (Baumgarten): 3,75
4.		Overcoat (upper cap): 2.99
5.		Top cap (overchopper): 0,21
6.		Distribution area (Baumgarten): 0,63
7.		Distribution area (Oberkappel): 0,63

(7) The remuneration for interruptible capacity shall in principle be equal to the remuneration for the same fixed-base performance. In the event of interruptions, the network user shall be granted a refoundation. Any reassessment within a performance month shall be deducted from the charge for the month in question. The remuneration to be refunded by the transmission system operator (E) Rm ) calculated on the basis of the formula according to Appendix 1. Interruptible transport services on the basis of dynamically assigned capacities are excluded from the re-use.

(8) The network usage fee at network coupling points in the transmission network, in which several relevant points meet in accordance with § 39 GWG 2011, shall be for the interruptible transport exclusively between these relevant points in accordance with § 39 GWG 2011 for contracts with a maturity of one year or longer for the following entry and exit points, based on the contractually agreed performance, as follows (the exit point in brackets denotes that exit point, in which: Combination of transport is offered):

1.		Overacker-SUDAL (Überackern-ABG): Feed-in: 0.14 Power supply: 0,14
2.		Overpacker-SUDAL: feed-in: 0,14 Power supply: 0,14

(9) The network usage fee for the supply to the transmission system or for the transmission from the transmission system for contracts with a maturity of less than one year, calculated on the basis of the rates (E) referred to in paragraphs 2 to 8, shall be calculated on the basis of the following formulae:

1.		for quarterly products: (E/365) *Daily number of each quarter * 1.25;
2.		for monthly products: (E/365) * Daily number of each month * 1,5;
3.		for daily products: (E/365) * 1, 75;
4.		for Rest of the Day and Within Day products: (E/8760) * (rest-) hours of the day * 1.

(10) In the case of transport service restrictions due to unplanned maintenance work not published by the transmission system operator in accordance with point 3.3 Z 1 lit g of Annex 1 to Regulation (EC) No 715/2009 42 days in advance , the network user shall be granted a fee reduction for the duration and the extent of the transport restriction. The fee reduction within a performance month shall be deducted from the fee for the month in question. The abbreviation (E) to be granted by the transmission system operator (E) Km ) calculated on the basis of the formula in accordance with Appendix 2. If the hourly rate provided by the transmission system operator is not used by the network user, or is not fully used, the reduction in charge shall be used for the calculation of the reduction in the fee Hourly rate significantly.

Network usage fee for storage companies

§ 4. (1) For the network use charge for the discharge from the transmission system in storage facilities, charges shall be determined which, if not shown in particular, shall be paid in EUR/kWh/h per year and per one and/or each other. The point of exit is indicated and in which the cost of compressor energy is included. The fee shall be paid by the respective storage company even if it is not nominated or is only partially nominated for booked capacity.

(2) The network usage fee for the delivery from the transmission system in storage facilities shall be for contracts with a maturity of one year for the following exit points, based on the contractually agreed performance for fixed, free-to-be- Supply capacities are determined as follows:

1.		Memory 7-fields: 0.36
2.		Memory MAB: 0.36

(3) The network usage fee for the delivery from the transmission network in storage facilities shall be for contracts with a maturity of one year for the following exit points, based on the contractually agreed performance for dynamically allocated Feed-in capacities, as follows (the feed-in points in brackets denote those feed-in points, in the combination of which the transport is guaranteed to be offered):

1.		Memory 7-fields (Oberkappel): 0,14
2.		Store MAB (Baumgarten): 0,14

(4) The remuneration for interruptible capacity shall in principle be equal to the remuneration for the same fixed-base performance. In the event of interruptions, the network user shall be granted a refoundation. Any reassessment within a performance month shall be deducted from the charge for the month in question. The remuneration to be refunded by the transmission system operator (E) Rm ) calculated on the basis of the formula according to Appendix 1. Interruptible transport services on the basis of dynamically assigned capacities are excluded from the re-use.

(5) In the case of restrictions on the transport service due to unplanned maintenance work according to the general conditions for network access to transmission networks approved in accordance with § 32 GWG 2011, the network user is responsible for the The duration and extent of the transport restriction shall be subject to a reduction in the rate of release. The fee reduction within a performance month shall be deducted from the fee for the month in question. The abbreviation (E) to be granted by the transmission system operator (E) Km ) calculated on the basis of the formula in accordance with Appendix 2. If the hourly rate provided by the transmission system operator is not used by the network user, or is not fully used, the reduction in charge shall be used for the calculation of the reduction in the fee Hourly rate significantly.

Network access charge in the transmission system

§ 5. The network entry fee shall pay to the network operator all reasonable expenses corresponding to the normal market prices, resulting from the initial manufacture of a connection to a network or the modification of a connection as a result of the network entry fee. An increase of the power supply of a network user is directly connected. The network entry fee shall be paid once and shall be presented to the network user in a transparent and comprehensible manner. If the network connection costs are borne by the network user itself, the amount of the network access charge should be reduced accordingly. The network entry fee shall be offset in an effort-oriented way, whereby the network operator may provide for a flat-rate system for comparable network users.

Determination of network delivery charges in the transmission system

§ 6. The network provision charge shall be used in the production of the network connection or in the event of an increase in the contractually agreed maximum performance as a benefit-related flat-rate amount for the already completed and necessary expansion of the network. Allow the connection to be offset. It is measured according to the agreed level of network use and is on the occasion of the conclusion of the network access contract or in the event of an increase in the contractually agreed maximum performance, to be charged once. The network provision charge for power-measured assets and storage facilities of the transmission network level shall be determined as follows:

1.		for fixed capacities: 3.00 EUR/kWh/h.
2.		for interruptible capacity: EUR 1.50 /kWh/h

Compensation

§ 7. (1) The compensation payments between transmission system operators shall be determined as net payments representing annual amounts and shall be made monthly in twelve equal instalments.

(2) The following compensation payments shall be established:

1.		Gas Connect Austria GmbH pays to BOG GmbH EUR 7,046,983,88;
2.		TAG GmbH pays to BOG GmbH EUR 8.366.148.02.

Auctions provisions

§ 8. (1) For capacities which are awarded by auction in accordance with § 6 GMMO-VO 2012, the respective charges in accordance with § 3 shall be deemed to be the starting price for the auction. For day-ahead capacities according to § 6 para. 3 GMMO-VO 2012, by way of derogation from § 3 (9) for all feed-in points of the market area East as starting price 1/365 of the remuneration according to § 3 para. 2 Z 1 and for all exit points of the market area East 1/365 of the market area East Remuneration in accordance with § 3 (3).

(2) The difference between the starting price and the price obtained in the auction (surcharge) is in addition to the starting price for the respective duration of the contract for capacities which are awarded by auction in accordance with § 6 para. 1 GMMO-VO 2012. Network user to pay. If the charges in accordance with § 3 change during the contract period, the total price consisting of the starting price and the surcharge is to be adjusted by the difference between the original and the new starting price.

(3) For the capacity offered in accordance with § 4 GMMO-VO 2012 at Boundary Coupling Points, the respective fee in accordance with § 3 of the starting price for the auction of the bundled capacity is the respective charge. For bundled day-ahead capacities in accordance with § 6 para. 3 GMMO-VO 2012, the respective remuneration in accordance with the first sentence of the first sentence is part of the starting price for the auction of the bundled capacity.

entry into force

§ 9. (1) This Regulation shall enter into force 1. Jänner 2013 in force.

Schramm

Annex 1 (to § 3 (7) and (4) (4))

where:

E Rm = the amount to be refunded per month

E M = the fee per month

rf = Refundation factor, where rf ≥ 1

h M = the total number of hours of the month, by the

Transport service is interrupted

q = the hourly rate offered

h R = the number of hours for which the

Transport service within the performance month

is interrupted

q diffR = the difference between the offered hourly rate and the available rate

Hourly rate per interrupted hour

Annex 2 (to § 3 (10) and § 4 (5))

where:

E Km = the abbreviation per month;

E M = the fee per month;

h M = the total number of hours of the month in which the restriction of

transport service performance;

q = the contractually agreed hourly rate at the removal point;

q DiffK = the difference between the contractually agreed hourly rate at the

Pick point and the pick point available at the pick point

Hourly rate per restricted hour;

h C = the number of hours within the performance month for which the

Transport service is restricted.