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Deliberation Of 23 July 2009 On Opinion On The Request For Exemption To The Regulated Third Party Access Filed By Dunkirk Lng For Its Lng Terminal Project For Dunkirk

Original Language Title: Délibération du 23 juillet 2009 portant avis sur la demande d'exemption à l'accès régulé des tiers déposée par la société Dunkerque LNG pour son projet de terminal méthanier à Dunkerque

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JORF no.0053 of 4 March 2010
text No. 93



Deliberation of July 23, 2009 on the application for exemption from regulated third-party access by Dunkerque LNG for its proposed Methane Terminal in Dunkerque

NOR: DEVE1005272V ELI: Not available



Participated in the session: M. Philippe de LADOUCETTE, Président, M. Michel LAPEYRE, vice-president, M. Eric DYEVRE, M. Hugues HOURDIN, M. Emmanuel RODRIGUEZ et M. Jean-Christophe LE DUIGOU, commissaries.
In accordance withArticle 7-1 of Act No. 2003-8 of 3 January 2003specified by Decree No. 2005-877 of 29 July 2005 On July 6, 2009, the Energy Regulatory Commission (ERC) was seized for advice by the Minister of Ecology, Energy, Sustainable Development and the Sea, of the application for exemption to the regulated access of third parties filed by Dunkerque LNG on June 26, 2009 for its proposed Methane Terminal in the Port of Dunkerque.


I. ― Context
1. The European regulatory framework: Directive 2003/55/EC


Article 22 of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 on common rules for the domestic market of natural gas provides for the possibility for new major gas infrastructures, i.e., interconnections between Member States, LNG facilities or storage, to benefit, on request, from an exemption to third parties' access, provided that 5 criteria are met:
(a) Investment must strengthen competition in the supply of gas and improve supply security;
(b) The level of investment risk is such that this investment would not be realized if an exemption was not granted;
(c) The infrastructure must be owned by a natural or legal person who is distinct, at least in the legal form, from the system managers within whom it will be built;
(d) Access rights are collected from users of the relevant infrastructure;
(e) The derogation does not affect the competition or good functioning of the domestic gas market or the efficiency of the operation of the regulated network to which the infrastructure is connected.
The European Commission may request the regulatory authority or the member State concerned to amend its decision to grant an exemption; it is competent to make a final decision itself.


2. The national regulatory framework: the Act of 9 August 2004
Decree of 29 July 2005


Article 22 of Directive 2003/55/EC is transposed by Article 7-1 of the Act of 3 January 2003, in its drafting from theArticle 44 of Act No. 2004-803 of 9 August 2004 relating to the public service of electricity and gas and to electrical and gas companies, which provides that "the Minister responsible for energy may authorize the operator of a liquefied natural gas facility or of storage of natural gas or of a work of interconnection with a network of natural gas transport located in the territory of another Member State of the European Community to derogate, for any or part of that facility or
"This exemption is granted on the occasion of the construction or modification of this facility [...] provided that this construction or modification contributes to the strengthening of competition [...] and to the improvement of the security of supply and that it cannot be carried out on acceptable economic conditions without this exemption.
The derogation decision is taken after the opinion of the Energy Regulation Commission [...].
The opinion of the Energy Control Board is published with the Minister's decision.
This decision defines [...] the conditions under which the beneficiary is authorized to refuse to enter into a contract for access to the facility or the facility. »
Decree No. 2005-877 of 29 July 2005 states that:
― the minister takes the Energy Control Board for notice, which shall take action within one month of its referral;
- the Minister for Energy shall notify the European Commission, within three months of receipt of the file, of its draft decision on the application for exemption;
―and that "[...] The derogation becomes null and void in full law if the construction or modification project of the facility or work has not received a commencement within three years of the date of publication of the derogation. [...] »


II. - Dunkerque LNG's exemption request


Dunkirk LNG, a wholly owned subsidiary of the EDF Group, applied to the Minister responsible for Energy on June 26, 2009 a total exemption to third party access for a methane terminal project located in the Dunkirk Autonomous Port. It requests that this exemption be granted for a period of 20 years, from the date of commercial service of the terminal scheduled for spring 2014.


1. The dimensioning of the project


The file submitted by Dunkerque LNG provides two variants:
Project 1: construction of a LNG terminal with a capacity of 10 Gm3 of gas per year;
Project 2: construction of a LNG terminal with a capacity of 13 Gm3 of gas per year.



DRAFT 1
DRAFT 2

LNG treatment capacity

10 Gm3/year

13 Gm3/year

Emission capacity on the GRTgaz network

1.4 million m3 per hour, or 363 GWh/day

1.9 million m3 per hour, or 492 GWh/day

Number of jets (apprenticeship)

1

1

Number of tanks

2 × 190 000 m3 LNG

3 × 190 000 m3 LNG


The Dunkerque LNG terminal will be dimensioned to accommodate methane vessels from 75,000 m3 to 267 000 m3.


2. The commercial approach of the project


Dunkerque LNG plans to sell some of the terminal's capabilities to EDF companies in order to guarantee the profitability of this investment.
The subscribing scenarii of the terminal capacity presented by Dunkerque LNG in its file are:



DRAFT 1: 10 Gm3
DRAFT 2: 13 Gm3

EDF Group

5-8 Gm3

5-8 Gm3

LNG producers

2 Gm3

2 Gm3

Other

0-3 Gm3

3-6 Gm3


Dunkerque LNG indicates that the number of capacity subscribers will not exceed 3 or 4 in order to optimize the operational management of the terminal. Dunkerque LNG will provide all terminal users with a firm rights envelope including vessel reception windows, LNG storage capacity and regasification and issuance capacity on the transportation network.
Dunkerque LNG states that "the lack of subscription outside the EDF group is not envisaged or desired."
However, no regasification contract has been signed to date.
Dunkerque LNG contacted directly, in the first half of 2009, some energy players, especially LNG producers.
As a result of these first contacts, it became necessary to organize a market test to ensure a complete reservation of the terminal's capabilities. Dunkerque LNG plans to launch this test with a wide publicity, which will aim to:
– LNG producers and suppliers;
― the energy players with a gas supply authorization in the French market;
– other European energy players.
Dunkerque LNG indicates that the list of companies and the advertising format (shorts, publication...) for this market call will be communicated to the REB.
As a result of the declaration of interest of market actors, Dunkerque LNG will select the subscribers, among the candidates with sufficient financial guarantees, preferring:
1. Companies that will seek the double quality of regasification and LNG regasification capacity subscriber, within the limits of the capabilities dedicated to this subscriber profile;
2. Companies wishing to be involved in the development of the project and thus share the risks of the project by taking part in the capital of Dunkerque LNG;
3. Companies that will show interest in regasification capacities greater than 2 Gm3/year, in order of size, to facilitate the operational management of the terminal (companies are possible).
The operational modalities and non-discriminatory nature of this process will be validated by the REB, upstream of the marketing operation, and may, where appropriate, be audited by the latter.
In all cases, it is anticipated that Dunkerque LNG will indistinctly offer to all parties that will enter into negotiations with it, a firm rights envelope, managed on a transparent and non-discriminatory method by the terminal operator.


III. - Analysis of the Dunkerque LNG exemption application


The analysis of the ERC's request for exemption is based on Dunkerque LNG's file to the Minister of Ecology, Energy, Sustainable Development and the Sea. The CRE analyzed the 5 criteria set out in Directive 2003/55/EC, with particular reference to:
the interpretative note of the European Commission presented at the 15th Madrid Forum;
– EGEG's good practice guides on exemptions under section 22 and on "open season" procedures;
– the conclusions of the working group on the regulation of methane terminals in France chaired by Ms. Colette Lewiner;
―the summary of the public consultation organized by the REB between February 16 and March 4, 2009 on the pre-dose of exemption filed by Dunkerque LNG on February 5, 2009, for which 19 responses were received. This document is published on the REB site simultaneously with the transmission of this deliberation to the Minister.
The REB also auditioned Dunkerque LNG on 11 February and 23 July 2009.
1. Criteria a: Investment must strengthen competition in the supply of gas and improve supply security and e: the exemption does not affect the competition or the proper functioning of the domestic gas market or the effectiveness of the efficient operation of the regulated network to which the infrastructure is connected


1.1. Impact of the Methane Terminal Project on Supply Security


At the time of filing the exemption file, Dunkerque LNG did not finalize the marketing of regasification capabilities and, in addition, EDF indicated that it did not sign a LNG procurement contract for the future terminal. Therefore, the sources of gas supply for future users of the Dunkerque terminal are not known.
In his file, Dunkerque LNG states that "EDF will only subscribe to Dunkerque LNG if significant coverage of these capabilities through long-term LNG procurement contracts can be guaranteed." The possibility for EDF to secure its LNG supply is crucial for the effective arrival of gas on the Dunkerque terminal and the contribution to the security of supply of France. The negotiation of long-term procurement contracts will be facilitated by the possibility for LNG producers to prioritize their capacity on the Dunkerque terminal, within their dedicated capabilities.
The interpretative note by the European Commission presented at the 15th Madrid Forum states that infrastructure contributes to the strengthening of supply security as soon as it participates in the diversification of market sources.
As such, the CRE considers that a new methane terminal is intrinsically a new entry point on the market and, by definition, contributes to diversifying sources of supply by permitting the arrival of LNG cargo from various countries, whether by long-term commitments or by "spot" cargo. It thus improves supply security by reducing France's exposure to a prolonged supply break at one of the other gas entry points and makes the French market benefit from more flexible access and use conditions than those generally observed for gas transport networks.
The majority of the stakeholders who responded to the public consultation of the REB on Dunkerque LNG's pre-emption application share this analysis of the REB. They also approve the REB's proposal to conduct a review of the exemption file if a LNG export service, representing more than 10% of the regasification capacity of the terminal, is established after the exemption is obtained, as this service would substantially alter the project's characteristics.
In conclusion, the REB considers that the criteria for improving supply security is met, under the following two reservations:
― the Dunkerque LNG file provides for the possibility of a re-export service of the gas by reloading methane. Such a service, depending on the level of use that will be done, is likely to change the project's contribution to improving supply security. The REB recommends that the granting of the exemption be subject to further review if the re-export service of the gas by re-charging methane would represent more than 10% of the regasification capacity of the terminal;
― Dunkerque LNG does not provide in its file the re-emission of gas by the operation of a pipeline directly from the terminal. Such a service would substantially alter the characteristics of the project. Also, the REB recommends that the granting of the exemption be subject to further review if such a service should be proposed by the terminal operator.


1.2. Impact of the methane terminal project on competition


The horizon selected by Dunkerque LNG for the analysis of the impacts of the project on competition is the forecast year of commissioning the terminal, i.e. 2014. This study is complemented by a competitive analysis by 2020.
The latter study horizon seems relevant given the prospect of stabilization of French gas consumption by 2020, highlighted in the multi-year indicative plan presented by the government in 2009.


1.2.1. The dimensioning of the terminal


Dunkerque LNG states that the result of the marketing phases will condition the final dimensioning of the project (10 Gm3/year or 13 Gm3/year).
If the project at 13 Gm3/year was to be retained, the terminal would be close to the possible limit size (superficie du terrain, number of payments, development threshold, ...).
However, if the 10 Gm3/year project was selected, it should be ensured that this choice of minimum dimensioning by Dunkerque LNG does not lead to restrict access to its terminal, while some market players could have subscribed to capacity beyond 10 Gm3/year.
In its preliminary position, expressed in the consultation note dated 16 February 2009, the REB recommended that, for the 10 Gm3/year project, the granting of the exemption be conditioned on the organization by Dunkerque LNG of a call to the transparent and non-discriminatory market in order to demonstrate that the market demand is not sufficient to validate the project at 13 Gm3/year. As requested by the European Commission in several exemption decisions, the REB wishes that the practical modalities for the marketing of regasification capabilities be submitted to it in advance to ensure its non-discriminatory character and can be audited a posteriori, if applicable.
This recommendation was supported by the majority of contributors to the public consultation on February 16, 2009.
The REB notes that the marketing process (described in paragraph II.2) retained in the final file by Dunkerque LNG takes into account its recommendations. Indeed, the project leader plans to organize a market test that is widely open beyond the energy players active in France. The operational modalities and non-discriminatory nature of this process will be validated by the REB, upstream of the marketing operation, and may, where appropriate, be audited by the latter.


1.2.2. Distribution of regasification capacity


As noted above, at the filing of the file, Dunkerque LNG did not finalize the commercialization of regasification capabilities and is therefore unable to specify the identity of subscribers engaged on the Dunkerque terminal.
In the 10 Gm3/year scenario, EDF and its related companies would hold up to 8 Gm3/year regasification capacity, or 80% of marketable capacity. In the 13 Gm3/year scenario, EDF and its related companies would also hold up to 8 Gm3/year of regasification capacity, or 61.5 per cent of marketable capacity.
In the event that the application is less than the offer, Dunkerque LNG is committed to ensuring that the EDF group does not hold more than 8 Gm3/year of the terminal capacity for both variants.
The CRE acknowledges this commitment and recommends that the Minister not comply with this condition lead to the revocation of the exemption granted. It also recommends that the granting of the exemption be conditional upon the absence of resale to the EDF group of regasification capabilities subscribed by third parties.
Furthermore, in the case that part of the terminal's capacity would not have been subscribed after the initial marketing phases, the REB recommends that Dunkerque LNG undertake to regularly propose this residual capacity to market actors, until it finds acquirer, in the form of a transparent and non-discriminatory market call, whose frequency and operational terms will be validated by the REB. Dunkerque LNG will be able to market this residual capacity in the intermediate period as a short-term commitment, including to the EDF group.
The stakeholders who responded to the public consultation of the REC were mostly in favour of regular marketing of unsubscribed capacities, depending on a frequency of 6 months to 2 years.


1.2.3. Impact on wholesale markets
and details of natural gas in France


In order to demonstrate that the criteria a and e related to the competition and good functioning of the domestic market are met, Dunkerque LNG studied the impact of its project on the wholesale and retail markets of the gas. The method used is to examine the effect of the terminal entry into service in 2014 on the market concentration measured by the HHI index.
The relevant market held by Dunkerque LNG for this demonstration is the wholesale gas market on the geographic scale of the entire France. Alternative market definitions were also analyzed by Dunkerque LNG:
– geographical area extended to the northwest of Europe;
– markets upstream of the terminal (production, shipping);
― downstream markets, with the distinction of 5 French customer segments (large industrial customers, small industrial customers, domestic consumers, local supply companies and electricity producers). Dunkerque LNG anticipates that EDF's market share in the gas retail markets will in no case exceed 15%.
This study aims to demonstrate through 90 simulations on the different possibilities for the distribution of the terminal's capabilities, that the project will reduce the concentration of the French wholesale market of natural gas in 60% of cases or will not have a perceptible effect in 40% of cases. These results are supported by 18 additional simulations by combining the estimated capacity shares of EDF, EDF Energy and EnBW in markets beyond the national geographic framework.
In addition, the analysis by Dunkerque LNG shows that, given the dominant position of GDF Suez on the wholesale and retail markets of natural gas in France, the subscription threshold assigned to this actor must be less than 1 Gm3/year in order not to infringe competition.
The REB has thoroughly analyzed the Dunkerque LNG study and considers that the methodology followed is consistent with that generally used in this type of analysis.
It considers that the project will have positive effects on competition in the wholesale gas market and will not have a negative effect on competition in the retail market. In fact, by allowing one or more alternative suppliers(s) to secure its (their) supplies in significant proportions, this project may have positive effects for the development of competition in the retail market, since the predictive market share of EDF should not allow it to become a dominant actor in the gas market.
The CRE recommends that GDF Suez or one of its related companies do not hold more than 1 Gm3/year of primary regasification capabilities in the terminal in order not to infringe competition, as Dunkerque LNG proposes to enter into its file.


1.2.4. Unused primary capacity-building mechanisms


Methane terminals play an important role in the development of competition in the wholesale and retail gas market in France and Europe. As such, optimization of the use of regasification capabilities, through "Use it or lose it" (UIOLI) or secondary capacity market, is a major issue for the market.
In his file, Dunkerque LNG provides a summary description of the principles envisaged for the "Use it or lose it" mechanism, which does not allow to judge its operational effectiveness. However, the REB understands that it is not possible to describe precisely the mechanism before it has defined in detail the service that will be offered to shippers.
As a result, the REB recommends that the exemption be conditional on the establishment and publication by Dunkerque LNG, prior to the implementation of the terminal, IUOLI mechanisms and a secondary capacity market. The IUOLI device must be validated by the REC, which will organize regular feedback and may request Dunkerque LNG modifications if necessary.
On this specific point, contributors to the public consultation felt that the IUOLI mechanism is essential but that it is too little explicit in the preliminary file of Dunkerque LNG consulted. They approve the principle of a prior validation of the REC of the mechanism that was finally selected and require control over time.


1.2.5. Co-existence with regulated terminals


The exemption must not give terminals by benefiting, a competitive advantage over regulated terminals.
As such, Dunkerque LNG will be required to comply with the REB's decisions on regulated terminals with respect to operational rules related to interfaces with other infrastructure. In addition, the tariff for the use of existing natural gas transport networks provides that:
― the detention of regasification capabilities, regardless of duration and level, entails the obligation to subscribe the corresponding entry capacity on the transport network;
― the realization of an economic test is performed to verify that the connection costs directly related to each project are borne by the shippers concerned. This test is based on the principle that the revenues generated by the subscriptions of entry capacity on the transport network from the methane terminal must cover the cost of the works to be carried out between the terminal and the core of the transport network over a period of 20 years.
As a result, regasification capacity subscribers in the Dunkerque terminal will have to subscribe to GRTgaz the capacity to enter the corresponding network in level and duration. GRTgaz will also have to collect revenues corresponding to the total capacity created at the Dunkerque LNG entry point, to prevent the connection of the methane terminal from being subsidized by other network users. Under these conditions, the REB recommends that Dunkerque LNG financially compensate GRTgaz if all the capacity to enter the transport network from the Dunkerque terminal is not subscribed by shippers holding regasification capabilities on the methane terminal.
This principle is approved by the majority of companies that responded to the public consultation on the pre-dose application for exemption.
In addition, pursuant to the tariff for the use of existing gas transport networks, Dunkerque LNG will have to cover, if any, the possible differential between the amount of the investment costs provided by GRTgaz to connect the terminal and revenues resulting from the tariff term applicable to the port of entry on the transport network from the Dunkerque terminal. In accordance with the study agreement signed with GRTgaz and the final application for exemption, Dunkerque LNG will also reimburse GRTgaz for the full costs of studies in case of project abandonment.
With respect to the contribution to infra-journal flexibility, the majority of respondents to the public consultation considered it necessary to ensure equal treatment between regulated and exempted terminals.
The CRE recommends that decisions regarding the contribution of methane terminals to the infra-journal flexibility of gas transmission networks, which could be made in the future, also apply to terminals with an exemption. This contribution will not affect the daily emissions of capacity subscribers.


1.3. Conclusion on criteria a and e


The REB considers that the criteria a and e are met provided that the above conditions are met.


2. Criterion b: the level of investment risk is such that this investment
would not be realized if an exemption was not granted
2.1. Risk analysis for the regulated framework


Dunkerque LNG underlines the difficulty, as part of a regulated third party access, of:
― freely define and adapt the proposed services if necessary;
• to retain subscribers according to the criteria of his choice;
― setting the conditions for use for 20 years.
This uncertainty can be, according to the project proponent, a risk factor in the construction of the business plan submitted to entities that could finance the project. The project holder indicates in his file that the development model of this terminal is not that of an infrastructure manager with essential ease.
Dunkerque LNG considers that this exemption request is necessary in order to ensure that EDF Group has significant access to infrastructure and to enable it to offer participation and access to capacity to partners selected according to non-discriminatory criteria, thus enabling it to enter into long-term contracts.
The ERC considers that these arguments are admissible and that investment may not be realized if a regulated framework is imposed on it.


2.2. Financial risks


Dunkerque LNG estimates that the project, to be viable, must find the balance between a return on investment of satisfactory shareholders, a tariff that does not deviate from an acceptable level for shippers and a secure cash flow corresponding to the repayment of the debt.
The analysis conducted by Dunkerque LNG concludes that only the exemption regime over a period of at least 20 years, allowing economic and commercial attractiveness of the project, will ensure its sustainability.
In the summary of the public consultation, the REB notes that shippers are largely satisfied with the demonstration by Dunkerque LNG in its public record on the financial risks associated with the project. Other contributors, especially industrial consumers, are not fully convinced of the demonstration elements presented, considering that the current regulated framework offers a comfortable level of pay and could adapt to meet the needs of investors.
The REB considers that the assumptions used by Dunkerque LNG for the analysis of investment-related financial risks are acceptable.
The CRE considers that criterion b is met.


3. Criterion c: The infrastructure must be owned by a separate natural or legal person,
at least in terms of legal form, systems managers within which it will be built


The demonstration of the lack of legal link between Dunkerque LNG and GRTgaz, manager of the gas transport network to which the terminal will be connected, is immediate and does not call any comments from the CRE.
All contributors to the public consultation considered this criterion to be met.
With respect to the power grid, Dunkerque LNG points out that it is legally distinct from RTE and ERDF electrical systems managers. The Dunkerque LNG demonstration is satisfactory and does not call any comments from the CRE.
The CRE considers that criterion c is met.


4. Criterion d: Access rights are collected from
users of the relevant infrastructure


Dunkerque LNG indicates that it will put in place an identical and known rate of terminal subscribers. This tariff will cover the construction and operating expenses of the terminal, allow the repayment of the debt and ensure satisfactory profitability on the capital incurred.
All contributors to the public consultation considered this criterion to be met.
The REB recommends that, in accordance with what is indicated in the exemption application file, Dunkerque LNG forwards the cost of using the infrastructure and signed capacity subscription contracts.
Subject to these conditions, the REB considers that the criterion d is met.


5. Synthesis of Exemption Request Analysis


Of the 14 contributors to the public consultation of the REB that clearly responded to the exemption question, 7 companies favour the principle of a total exemption for 20 years for the Dunkerque LNG terminal project (the shippers being mostly in favour of an exemption over 20 years), 2 favour a partial exemption and 5 are opposed to the exemption principle (industrial consumers mainly).
Based on the analysis of the above 5 criteria, the REB considers that a total exemption from third party regular access can be granted to this project for 20 years, provided that certain conditions are met.


IV. - REB Notice


The CRE issues an opinion favourable to the application for exemption from the regulated access of third parties filed by Dunkerque LNG for its proposed Methane Terminal in Dunkerque, for a period of 20 years. It recommends that the granting of the exemption be accompanied by the following conditions:
First, Dunkerque LNG will have to comply with the following rules regarding the allocation and use of terminal regasification capabilities:
1. Dunkerque LNG will have to implement a market call in accordance with the good practices defined by the EGEG to test market demand in an efficient, transparent and non-discriminatory manner. The terms of this market test will be validated by the REC, upstream of the marketing operation;
2. The long-term share of the EDF group will be limited to 8 Gm3/year of the terminal regasification capacity;
3. The EDF group undertakes not to purchase, as part of a long-term agreement, the gas imported by shippers holding the rest of the long-term regasification capabilities of the terminal;
4. Primary regasification capacities in the long-term terminal sold to GDF Suez will not be greater than 1 Gm3/year;
5. In the case that a residual capacity has not been subscribed, Dunkerque LNG undertakes to regularly propose this capacity in the long term to market actors until it finds acquirer, in the form of a transparent and non-discriminatory market call, whose frequency and terms will be validated by the REB;
6. Dunkerque LNG will need to set up and publish the conditions for releasing the contracted and unused capabilities. The adopted IUOLI mechanism should be submitted to the REC for validation;
7. Dunkerque LNG will have to forward to the REB its access tariff to the terminal's capabilities and signed capacity subscription contracts;
8. Dunkerque LNG will publish, at a minimum, the same information as those requested by regulated methane terminal operators.
Secondly, Dunkerque LNG will be required to comply with the regulations and, where appropriate, with the decisions of the CRE for methane terminals, with respect to interfaces with gas transmission networks:
1. The requirement for users of the Dunkerque terminal to subscribe the input capacity on the corresponding level and duration transport network to the subscribed regasification capabilities;
2. The obligation for Dunkerque LNG to compensate GRTgaz financially if the capacity to enter the transport network is not subscribed by the shippers using the terminal;
3. The obligation for Dunkerque LNG to compensate the share of the terminal's connection cost at the heart of the transport network possibly not covered by revenues generated by the term of entry on the natural gas transport network. This obligation is based on forecast amounts of the connection cost communicated by GRTgaz at the time of filing of the file;
4. The application of defined rules for methane terminals regarding the provision of infra-journal flexibility.
Finally, the REB recommends that Dunkerque LNG be required to file a new exemption application file in the event of a substantial change in the physical or commercial characteristics of the project. This would be the case for an evolution of the physical configuration of the terminal with the re-export of the natural gas by methane or by pipeline for more than 10% of the regasification capacity of the terminal or of an evolution of the ownership of the terminal operator or subscribers.
It recommends that failure to comply with any of these conditions during the period of the exemption may lead the Minister of Energy to revoke the exemption, on the proposal of the REB.
Done in Paris, July 23, 2009.


For the Energy Control Board:

The president,

P. de Ladoucette


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