172. Regulation of the Board of Management of E-Control on standards for network operators regarding the safety, reliability and quality of the services provided to network users (Gas Network Service Performance Quality Regulation)

Due to § 30 Gaswirtschaftsgesetz 2011-GWG 2011, BGBl. I n ° 107/2011, iVm § 7 para. 1 Energy Control Act-E-ControlG, BGBl. I No 110/2010 in the version of the Federal Law BGBl. I No 107/2011 shall be assigned:

Section 1

General

Subject-matter

§ 1. This Regulation sets standards for network operators with regard to the safety, reliability and quality of the services provided to the network user and measures to monitor compliance with these standards.

Definitions

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

1.		"disconnection" means an interruption of the supply of natural gas to a final consumer as a result of a breach by the final consumer of the obligations arising from the contractual relationship with the distribution system operator;
2.		"request" means a remote or written request for information sent by the network user to the network operator;
3.		"complaint" means an objection addressed by the network user to the network operator in relation to the network service provided by the network operator;
4.		"planned supply disruption" means an operationally necessary and planned supply disruption;
5.		"network service" means the totality of the services provided to the network user within the framework of the network access and access contract;
6.		"incidents" means events which occur in natural gas pipeline installations which may lead to a risk to persons or damage to property and other unintended impairments to the proper functioning of natural gas pipeline systems;
7.		"interruption of supply" means an interruption in the supply of natural gas to a final consumer or an impairment of the feed-in option, which is due to restrictions on pipeline capacity or to other technical causes in the Remote control and/or Distribution line equipment is the result.

(2) The definitions in accordance with Section 7 (1) GWG 2011 shall also apply.

(3) Where reference is made in this Regulation to the terms "natural gas" or "gas", biogenic gases shall also be understood to be included in the quality of natural gas.

(4) Person-related terms do not have gender-specific meaning. They must be applied to specific persons in their respective gender-specific form.

Section 2

Standards

Compliance with standards

§ 3. The standards laid down in § § 4 to 7 as well as § § 9 to 11 shall be deemed to be fulfilled if they are complied with by the network operator in 95% or more of the corresponding cases per standard.

Network access

§ 4. (1) The distribution system operator shall transmit to the network user a written estimate of the cost in accordance with § 5 Consumer Protection Act, BGBl, within fourteen days from the date of receipt. No 140/1979, for the defined scope of services for the network access fee to be paid by the network user, on the basis of prices per unit of service. Except in the case of a lump-sum in accordance with Section 75 (2) of the GWG 2011, the estimate of the costs shall have the essential components of the net entry fee to be paid. However, where there is a need for extensive surveys by the distribution system operator in the absence of a distribution line, the request shall be made within fourteen days of the request, indicating a contact person and a specific proposal for further information. Approach to react.

(2) The distribution system operator shall be obliged to apply for full applications for access to the network within a reasonable period of time not exceeding fourteen days, with a specific proposal relating to the further operation, in particular: , to respond to the response and the probable duration of the production or modification of the network connection. In the case of the minimum particulars to be given in accordance with Annex 1 of the Gas Market Model Regulation 2012, BGBl. II No 171/2012, the application must be considered as complete.

(3) If the information provided by the applicant is not sufficient for the reply by the distribution system operator, he/she shall request the further information required immediately by the network user.

(4) The distribution system operator shall, with the network user, agree in writing and comply with a reasonable and binding time limit for the implementation of the network access.

Network access

§ 5. (1) The distribution system operator shall be obliged to apply for full applications for access to the network within a reasonable period of fourteen days not exceeding, with a specific proposal relating to the further procedure, in particular: a response and the probable duration of the establishment of the network access. In the event of the information corresponding to the minimum information provided under Annex 1 to the Gas Market Model Regulation 2012, the application shall be considered to be complete.

(2) If the information provided by the network operator is not sufficient for the reply by the distribution system operator, he/she shall request the further information required immediately by the network access authorized person.

(3) Following the adoption of the application for network access by the distribution system operator, the distribution system operator shall immediately forward the network access contract to the network access authorized person.

(4) In the case of an inactive connection and presentation of a network access contract and a proof of the proper installation and maintenance of the gas-technical installation, the installation of a gas meter and the allocation of a standardized load profile within the following time limits:

1.		five working days for the Balgengas meter G 2,5-G 6;
2.		ten working days for other bales gas meters;
3.		Twenty working days for load profile counters and quantity conversion.

Where an intelligent measuring instrument replaces one of the measuring instruments referred to in Z 1 to 3, the relevant deadlines shall be applied.

Network accounting

§ 6. (1) After the reading has taken place at the end of a settlement period, the distribution system operator shall take fifteen working days after the end of the accounting period and shall forward it immediately to the network user in the event of separate accounts.

(2) Net invoices shall be corrected by the distribution system operator in its settlement system within two working days from the date of receipt of the request for correction of the accounts and shall be transmitted immediately in corrected form to the network user, provided that the Distribution system operators shall be provided with all the information required for carrying out the clearance of the accounts.

(3) If the data for the processing of the request for the correction of the invoice by the distribution system operator is not sufficient, the distribution system operator must request the further information immediately from the network user.

(4) After termination of the contractual relationship and after the existence of the data to be supplied by the network user for invoicing, the distribution system operator shall carry out a final settlement within six weeks and shall immediately inform the network user shall be transmitted.

Disconnection and recovery of network access

§ 7. (1) The distribution system operator shall be obliged to restore the network access to the network user after the closure of the network following the delay in payment at the latest on the next working day after the repayment by the network user of the open payment of the open To offer and to carry out a claim and any security or advance payment, in compliance with the provisions of the GWG 2011 and subject to the condition of an upright gas supply contract.

(2) The network user shall be allowed by the distribution system operator the possibility of cash payment of open claims and of any security or advance payment at least within the general business hours. No charges may be charged to the network user for the use of the cash payment option.

(3) Disconnections as a result of late payment may not be made on the last working day before weekends or public holidays.

Interruptions and interruptions of supply

§ 8. (1) In the event of planned supply disruptions and restrictions on feed-in, the network users concerned and their suppliers shall be notified in an appropriate manner at least five days before the commencement of the supply, and shall be informed of the expected duration of the supply. Supply disruption or restriction of feed-in possibility. If the agreement with the network user is established on a case-by-case basis, the notification may also be short-term.

(2) If an accident occurs, which leads to an impairment of the supply or the feed-in possibility, the network operator must immediately start the treatment, the absolutely necessary work is possible ehestpossible and to inform the network users concerned of the probable or actual duration of the incident in a suitable manner.

(3) The network operator shall have a 24-hour emergency service for the repair of incidents occurring in the network of the network operator and for measures for the elimination of hazards in gas-related installations within the framework of its legal obligations. to ensure security measures in the event of a malfunction, or for the resumption of supply.

Determination of the counter reading

§ 9. (1) The reading of the measuring equipment shall be announced in writing by the distribution system operator in a timely manner, but at least fourteen days in advance, if the presence of the network user is required on the spot.

(2) The reading is unannounced and in the absence of the network user, the latter shall be informed immediately in a suitable manner via the reading carried out.

(3) The network user shall at any time be allowed by the distribution system operator to make the information on the meter reading online on the Internet presence of the distribution system operator at any time.

Terminal compliance

§ 10. Distribution system operators shall have time windows of two hours with the network user for appointments, in particular for the execution of repairs and maintenance as well as readings where the presence of the network user is required on the spot. , taking into account the needs of the network user.

Customer information and complaints management

§ 11. (1) The Austrian gas emergency number "128" is, by default, clearly visible from the distribution system operator on all documents directed to the network user as well as on the home page of the Internet presence of the distribution system operator. .

(2) The distribution system operator shall regularly provide the network user with information on the rules of conduct for gas odour and the gas emergency number, as well as on the Internet presence of the distribution system operator on a clear and easy basis can be found at your disposal.

(3) The distribution system operator shall be able to establish contact with the network user for the purpose of contacting requests and complaints. As a minimum standard, the availability of the distribution system operator via a customer hotline must be guaranteed within the general business hours. The possibilities for contacting are to communicate to the network user.

(4) Requests and complaints from network users to the distribution system operator shall be answered within five working days from the date on which the system operator has received a reply. In the event that a reply from the distribution system operator is not possible within five working days, the network user shall, within that period, be informed of the further procedure, the probable duration of the processing. as well as the contact details of a contact person.

(5) In the case of a complaint, the network user shall be informed by the distribution system operator of the possibility of initiation and the modalities of a conciliation procedure in accordance with § 26 E-ControlG.

(6) The distribution system operator is obliged to make available to the network user online the following accounting-relevant data on purpose or the requirement of this data via a contact form on the internet presence of the to enable distribution system operators and, within five working days, to transmit them electronically, or at the request of the network user, by post. In addition, the network user must be given the option of asking for the transmission of these data in writing or by telephone.

1.		Name and first name or company and address of the network user;
2.		Investment address;
3.		uniform and unique counting point designation;
4.		the identifier/identification number of the balance sheet group;
5.		Identifier/identification number of the provider;
6.		Counter, quantity conversion, load profile counter, intelligent measuring instrument (incl. serial number);
7.		Associated load profile type (if applicable);
8.		Consumption and calculated performance of the last three accounting years;
9.		Meter readings that have been used for the last three accounting years by the distribution system operator to limit the number of accounts;
10.		Parameters used for the conversion of m³ (quantity of gas in the operating state) into kWh (standard volume), such as the height, meter installation site, clearing calorific value as well as conversion factor;
11.		the nature of the final consumer (if allocated), in accordance with Annex 1 of the Gas Market Model Regulation 2012;
12.		Network level.

(7) The distribution system operator shall be obliged to provide the network user with general statements on the netting account once a year and, if requested, by post and a direct reference to the contact form for the collection of: To provide information on the network user's billing-related data in accordance with paragraph 6.

(8) The network user shall be informed by the distribution system operator in an appropriate manner that, in the case of a self-reading, the reading of the meter reading shall be based on the measurement of consumption and information, and thus a more accurate reading of the reading The determination of the person is compared with a computer-determined value.

(9) The distribution system operator shall be obliged to provide the network user with information on the standards referred to in § 4 to § 13 once a year in a suitable manner.

Network User Satisfaction

§ 12. (1) The distribution system operator shall be obliged to provide a regular, representative and standardised survey for all distribution system operators to the satisfaction of the network users with regard to the reliability, safety and quality of the Network service performance.

(2) The results of the survey to the satisfaction of the network users shall be reported annually to the regulatory authority.

Safety and reliability of network operation

§ 13. The network operator has to comply with the rules of the technology to ensure a safe and reliable gas network operation iSd § 133 iVm § 7 Z 53 GWG 2011. Compliance with these rules of technology is through certification by a according to the Accreditation Act, BGBl. No 468/1992, accredited testing, monitoring or certification body, or equivalent proof of evidence to the regulatory authority.

Section 3

Metrics

Monitoring compliance with standards

§ 14. In order to monitor compliance with the standards defined in the second section, the following figures shall be made by distribution system operators and, where applicable, by transmission system operators, on 31 March each year for the previous calendar year to submit to the regulatory authority, and in a suitable manner, but at any rate on the Internet presence of the network operator, individually to be published by each network operator.

1.		share (in%) of the non-compliance with the standards referred to in § 4 to § 13, as well as the reasons for this;
2.		the number of complete requests for access to the network, indicating the duration of the operation, separately according to network levels, and, where allocated, type of end user according to Appendix 1 of the Gas Market Model Regulation 2012;
3.		the number of requests for access to the network, indicating the duration of the operation, separately according to network levels and, where assigned, type of end user according to Appendix 1 of the Gas Market Model Regulation 2012, and type of connection (active, inactive, new);
4.		Number of requests for estimates in accordance with § 4 (1), indicating the duration of the processing, broken down by network level, and, if allocated, type of end user according to Appendix 1 of the Gas Market Model Regulation 2012 and type of Cost estimates (flat-rate, cost-oriented);
5.		Number of netting corrections carried out with processing duration broken down by reason;
6.		share (in%) of the corrected invoices in relation to the total number of invoices laid down;
7.		For each supply interruption and limitation of the feed-in option: duration in minutes, number of network users affected, and share of these in the total number of network users, separated according to network level, planned/unplanned event, cause;
8.		Number and total duration of supply interruptions and restrictions on feed-in possibility, separately according to planned and unplanned events and network levels.

Section 4

Entry into force and transitional provisions

entry into force

§ 15. This Regulation shall enter into force 1. Jänner 2013 in force, insofar as § 16 does not specify otherwise.

Transitional provision

§ 16. (1) Network operators shall comply with the obligation to publish and transmit to the regulatory authority in accordance with § 14 for the first time on 31 March 2014 on the basis of the key figures collected in 2013.

(2) The obligation to provide data for the last three accounting years in accordance with § 11 (6) Z 8 and 9 (9) shall take place in full only by 1. Jänner 2015 in force. In 2013, this commitment consists of data from 2012 and 2014 for those from 2012 and 2013.

Boltz Graf