Key Benefits:
Law 34/1998, of 7 October, of the hydrocarbon sector, in the wording given by Royal Decree-Law 13/2012 of 30 March, implementing directives on the internal market in electricity and gas and in Article 92 (3) of the EC Treaty provides that the Commission shall, in accordance with Article 92 (3) of the Treaty, adopt measures to ensure that the rules of procedure laid down in Article 92 (3) of the Treaty are applied. National of the Markets and the Competition to establish by circulating the methodologies for the calculation of the In addition, it is necessary to establish the economic arrangements for the access, transport and distribution, regasification and storage and loading of tanks, in turn, Article 91.2 of the law provides for the establishment of the economic system of the rights to be undertaken, rental of accountants and other necessary costs linked to the facilities.
However, the first transitional provision of the aforementioned Royal Decree-Law 13/2012 of 30 March, provided that until the National Commission of the Markets and the Competition established the methodology for the calculation of the tolls and fees for basic services for access to gas installations and in accordance with the provisions of the additional provision undecedit.tercero.1.19th of Law 34/1998 of 7 October 1998, the criteria laid down in the The Court of Law, as well as the provisions of Royal Decree 949/2001 of 3 August, which regulates the Third-party access to gas installations and an integrated economic system of the natural gas sector and development orders. Subsequently, the Law 3/2013 of 4 June, of the creation of the National Commission of the Markets and the Competition, which also attributed the establishment of these methodologies, was approved.
Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system of the natural gas sector, collects, in its article 25, the criteria for determination of tariffs, tolls and charges, and points out that the objectives of remuneration for regulated activities, the equitable allocation of costs, incentives for the efficient use of natural gas and the gas system, and non-production distortions on the market, with the Minister for Economic Affairs (referral which currently has to be The Minister of Industry, Energy and Tourism shall be understood, in order, after agreement of the Government Delegation of the Government for Economic Affairs, will dictate the necessary provisions for the establishment of the gas sales tariffs natural gas transfer prices for distributors, and the tolls and charges for basic access services by third parties.
Law 18/2014 of 15 October of the approval of urgent measures for growth, competitiveness and efficiency dedicates Chapter II of Title III to the economic sustainability of the natural gas system, including in its Articles 59 and 60 of the principles of the economic regime and in the 61 and following procedures for the calculation of remuneration and the treatment of temporary mismatches between income and costs. Article 63.2 of that legal standard also determines that the Minister of Industry, Energy and Tourism, after agreement of the Government's Delegation for Economic Affairs, will approve the remuneration of each of the companies that they carry out. regulated activities.
Law 8/2015 of 21 May, amending Law 34/1998 of 7 October of the hydrocarbon sector and regulating certain tax and non-tax measures in relation to exploration, research and development and exploitation of hydrocarbons, introduces two new articles in Law 34/1998, of 7 October, which lay the foundations for the creation of an organized natural gas market.
Royal Decree 984/2015 of 30 October 2015 regulating the organised gas market and the access of third parties to natural gas installations, regulates in its Title II the operation of this market, and in Article 14 of the Treaty provides for the products to be negotiated. Article 14 (2) states that, subject to the order of the Minister for Industry, Energy and Tourism, different products may be negotiated, in particular paragraph (a), including gas procurement products necessary for the purpose of the operation of the gas system, such as operating gas, gas heel, gas buffer of underground storage, gas for the maintenance of strategic stocks of natural gas or part of gas for the supply to consumers of last resort to be determined by order of the Minister of Industry, Energy and Tourism.
In this sense, the present order enables for the negotiation in the Organized Market of natural gas of the products operating gas, gas heel and gas mattress.
Law 34/1998, of 7 October, of the hydrocarbon sector, in its article 3.1.c), attributes to the government the competence to determine the rates of last resort. Also in its article 93.3 stable that the Minister of Industry, Tourism and Trade, prior to the Agreement of the Commission Delegate of the Government for Economic Affairs, will dictate the necessary provisions for the establishment of the last tariff natural gas resource or a system of automatic determination and update of the same.
In compliance with the above, Order ITC/1660/2009 was issued, of 22 June, establishing the methodology for calculating the rate of last resort for natural gas.
The experience gained during the six years of application of the above mentioned order makes it advisable to amend the formula of the cost of the raw material in order to incorporate in the most faithful way possible the price The international market for raw materials and the reduction of the risk to traders of last resort arising from price swings in international markets. To this end, the current reference to 12 months ' supplies and the reference resulting from the auctions for future contributions will be replaced in the three months following the entry into force of the new Tarifa of Last Resort. In line with this amendment, the premium for quantity risk should be amended.
This order has been the subject of a report by the National Commission on Markets and Competition, adopted by its Council on 3 December 2015, for which the arguments put forward have been taken into account. processing of the hearing carried out through the Hydrocarbons Advisory Council. The Hydrocarbon Advisory Council continues to exercise its functions until the formation of the Energy Advisory Council in accordance with the provisions of the transitional provision of Law No 3/2013 of 4 June.
With a date of 15 December 2015, the Technical Secretariat of the Ministry of Industry, Energy and Tourism issued the mandatory report on the draft order.
By Agreement of 16 December 2015 the Government's Delegation for Economic Affairs has authorised the Minister of Industry, Energy and Tourism to issue the order.
Under the agreement of the Government's Delegation for Economic Affairs, I have:
Article 1. Object.
1. The purpose of this order is to establish the remuneration of undertakings engaged in regulated activities in the natural gas sector and the determination of the tolls and charges associated with third-party access to installations. Application gasists in force from 1 January 2016.
2. The regulated remuneration of the gas sector for the year 2016 is included in the Annex to this order, and has been calculated by applying the formulae of Annexes X and XI of Law 18/2014 of 15 October 2014 to the adoption of measures This is the first time that the Commission has been in the process of implementing the law on the issue of social protection, which has been the subject of an urgent debate on the subject of the law. The unit values of investment and operation and maintenance fixed in Annexes V and VII of Order IET/2446/2013 of 27 December 2013 establishing the tolls and charges associated with the access of third parties to the Gas installations and the remuneration of regulated activities.
Also included in the annex is a list of the provisional remuneration of the facilities put into service until 31 December 2015 and which do not have a recognised definitive remuneration.
3. The amounts before tax of the tolls and charges associated with the use of the facilities of the basic network, secondary transport and natural gas distribution in force from 1 January 2016 will be those established in the Order IET/2445/2014 of 19 December 2014 laying down the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities.
4. For the calculation of such tolls and charges, and in addition to the remuneration published in the Annex, the forecast of payments to be made during the year 2016 has been considered to pay the final and provisional remuneration of the regulated activities, an estimate of the financial cost associated with compliance with the provisions of Article 66.2 of Law 18/2014 of 15 October and a forecast of remuneration to the Operator of the Gas Organised Market.
Article 2. Review of the remuneration of the years 2014 and 2015.
1. Reviews of the remuneration for availability and continuity of supply for the years 2014 and 2015 for the regulated activities of transport, regasification and underground storage shall be included as follows:
(a) The revisions corresponding to the 2014 remuneration shall be included in the final settlement of the financial year 2014.
(b) The revisions corresponding to the remuneration of 2015 shall be included in the first available settlement of 2015.
In the Annex, together with the remuneration for the year 2016, the adjustments to the remuneration of the years 2014 and 2015 are collected, in application of the provisions of the fourth final provision of Law 8/2015 of 21 May 2015, amend Law 34/1998 of 7 October of the Hydrocarbons Sector and regulate certain tax and non-tax measures in relation to the exploration, investigation and exploitation of hydrocarbons.
2. Review of remuneration for the transfer of assets, mergers and acquisitions.
The remuneration of Gas Natural Distribution SDG, S.A. and Gas Natural Madrid SDG, S.A. corresponding to the term Rn-1 and the financial years 2014 and 2015 will be as follows:
(a) The remuneration Rn-1 allocated to Gas Natural Distribution SDG, S.A. in paragraph 6 of Annex X to Law 18/2014 of 15 October, and subsequently updated in accordance with the definitive values of customers and Sales of the year 2013, will be distributed between said company and Gas Natural Madrid, S.A. according to the following table.
| 446.947.501 | |
| Gas Natural Madrid SDG, S.A. | 147.467,631 |
|
| 594.415.132 |
(b) The remuneration for the year 2014 of both companies, calculated with the final customer and sales values for that year and applying the methodologies of Order ITC/3993/2006 of 29 December 2006 establishing the the remuneration of certain regulated activities of the gas sector and of Law 18/2014 of 15 October 2014 shall be as follows:
|
| Act 18/2014 | O. M. ITC/3993/2006 | |
|---|---|---|---|
|
Natural Gas Distribution SDG, S.A. | 420.313.121 | 482.583.692 |
|
| Gas Natural Madrid SDG, S.A. | 144.293.153 | 165.802.190 | |
|
| 564.606.274 | 648.385.882 |
(c) The remuneration of the year 2015 of both companies, calculated according to the methodology of Annex XI of Law 18/2014 of 15 October and using the provisional values of customers and sales available at 1 November 2015 are as follows:
| 434.410.730 | |
| Gas Natural Madrid SDG, S.A. | 149.562.649 |
|
| 583.973.379 |
Article 3. Financial transitional remuneration and operating costs and maintenance of the El Musel regasification plant.
1. The financial transitional remuneration of the regasification plant of El Musel, to be received by Enagas Transporte, S.A.U. for the year 2016, will be 19,440,979,78 euros.
2. The final remuneration for operating and maintenance costs during the year 2013 of the regasification plant of El Musel, to be charged by Enagas Transporte, S.A.U. shall be EUR 5,205,681, broken down into the following items:
| Euros | |||
|---|---|---|---|
|
Aprovisioning |
305,792 | ||
|
Leases | 8.392 | ||
|
517,948 | 517.948 | ||
|
77,078 | |||
|
3.495.210 | Support Activities | 77,078 |
|
|
Services | 291.003 | ||
|
| 510.258 | ||
| 5.205.681 |
3. In accordance with the provisions of Article 6 of Order ITC/3994/2006 of 29 December 2006 laying down the remuneration of regasification activities, the provisional remuneration to be paid by ENAGAS Transporte, S.A.U. for the purposes of the operation and maintenance costs of the El Musel regasification plant for the years 2014 and successive will be 80 percent of the amount included in the previous section: 4,164,545 euros.
4. The final payment for operation and maintenance shall be approved, once the relevant audits are available, the balances to be produced shall be paid or charged to the company.
5. The final remuneration of the operating and maintenance costs for the year 2013, the provisional remuneration of the costs of operation and maintenance of the year 2014 and the correction of the financial remuneration of the year 2014 for the change of fee, will be paid in the final liquidation of the financial year 2014.
The remuneration for the provisional operating and maintenance costs for 2015 and the correction of the financial remuneration for 2015 for the change in fee shall be paid in the corresponding liquidation of the financial year 2015.
The transitional financial remuneration and the remuneration of the provisional operating and maintenance costs for the year 2016 shall be included in the accounts for the financial year 2016.
Article 4. Recognition of remuneration in accordance with Royal Decree-Law 13/2014 of 3 October 2014.
1. An amount of 4,561,868,37 of euros is recognized in favor of ESCAL UGS, S.L. in terms of maintenance and operating costs of the facilities, incurred in the period between the entry into force of the Royal Decree-Law 13/2014, The Commission has also provided the Commission with a view to the implementation of the measures taken by the European Parliament and the Council
the European Union.This recognised amount may be mined within the meaning of the transitional provision second paragraph of Royal Decree-Law 13/2014 of 3 October and the amount of such a sentence shall be a liquidable income of the Gas system.
2. The amount recognised will be added to the ongoing settlement procedure and will be paid to ESCAL UGS, S.L. For its part, ESCAL UGS, S.L. will constitute the guarantees referred to in the last paragraph of Article 14.4 of the Royal Decree-Law 13/2012 of 30 March on the transposition of directives on the internal market in electricity and gas and in electronic communications, and by which measures are taken for the correction of deviations from the mismatch between the costs and revenues of the electricity and gas sectors.
3. An amount of EUR 80,664,725 is recognised for the holders of the receivables derived from Article 5.1 of Royal Decree-Law 13/2014 of 3 October 2014.
In accordance with the provisions of Article 6.1 and in accordance with the obligations set out in Article 3.2 of Royal Decree-Law 13/2014 of 3 October, the provisional costs of Operation and Maintenance to ENAGAS are recognised. TRANSPORT, S.A.U. for the year 2016 worth 15,718,229 euros.
The actual costs incurred shall be justified by the relevant audit and shall be determined on a final basis by order of the Minister for Industry, Energy and Tourism to be published in the "Official State Gazette".
Article 5. Quotas for specific purposes.
1. The fees for the remuneration of the Technical Manager of the System and the rate applicable to the provision of services and the carrying out of activities in relation to the gaseous hydrocarbon sector for the National Market Commission and the Competition will be 0.778 percent and 0.140 percent, respectively, applicable as a percentage on the billing of the tolls and royalties that must be collected by the carriers and distributors.
2. Without prejudice to the foregoing, the provisional remuneration of the Technical Manager of the System for the year 2016 shall be EUR 23,966,250.
The National Commission of the Markets and the Competition will include in the liquidation 14 of the year 2016 the difference, positive or negative, between the amounts received by the Technical Manager of the System for the application of the quota previous and the previous recognized remuneration.
The amount provided for in this provision may be amended once the methodology for the calculation of the remuneration of the Technical Manager of the System referred to in the sixth order of the Order is approved. IET/2445/2014 of 19 December 2014.
Article 6. Regime applicable to gases manufactured in the island territories.
1. The disposal price to be considered as the liquidable cost of the distribution companies supplying manufactured gases in the island territories shall be 0,035 €/kWh.
2. As long as the scheme provided for in the transitional provision in the twentieth of Law 34/1998 of 7 October 1998 is applied, the distribution company which holds the networks in which the payment is carried out is recognised as being 'supply at tariff' calculated by application of Article 21 of Order ITC/3993/2006 of 29 December 2006 establishing the remuneration of certain regulated activities in the gas sector.
Article 7. Acquisition of operating gas, gas heel and gas mattress.
1. In accordance with Article 14.2 of Royal Decree 984/2015 of 30 October 2015 regulating the organised gas market and the access of third parties to the facilities of the natural gas system, the acquisition of gas from the basic underground transport and storage facilities, the basic underground storage buffer gas and the heel gas to achieve the minimum level of filling of the transport and regasification facilities, shall be carried out in the Natural gas organized market.
2. The operating gas of the basic underground transport and storage facilities, as well as the part of the operating gas of the regasification plants covered by the gas system, as provided for in the second transitional provision Law 18/2014, of October 15, of approval of urgent measures for the growth, competitiveness and efficiency, will be acquired by the Technical Manager of the System in the market organized gas. The acquisition cost of this gas shall be considered to be a liquidable expense.
Companies holding regasification plants will be able to acquire directly or through the System Technical Manager in the Organized Gas Market, the rest of the operating gas for self-consumption of the plants of the regasification.
3. By resolution of the Directorate-General for Energy Policy and Mines, the needs and the volume of gas will be determined, if the minimum level of filling of the transport network is to be increased, as a result of the Regulatory adaptations to Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a network code on the gas balance in transport networks and in order to achieve the technical parameters and values required for normal operation of the transport network.
Carriers will be able to purchase directly or through the System Technical Manager in the Gas Organized Market, the gas necessary to reach the minimum level of filling of the liquefied natural gas tanks of the plants. of regasification and transport pipelines.
4. Underground storage operators may purchase the necessary buffer gas directly or through the System Technical Manager in the Organized Gas Market.
5. The acquisition of these amounts will be carried out in the Organized Gas Market through some of the standard gas transfer of ownership of the gas in the Virtual Point of Balance with a time horizon until the last day of the month following the completion of the transaction referred to in Article 14.1.a of Royal Decree 984/2015, of October 30, under the conditions to be developed by resolution of the Secretary of State of Energy. To this end:
(a) Before 1 February each year, the companies holding the transport facilities shall communicate to the Technical Manager of the System their monthly operating gas needs and, where appropriate, the gas cushion and the gas heel, for the 12 months following the month of March, including each year.
b) Before 15 February each year, the Technical Manager of the System shall communicate to the Directorate-General for Energy Policy and Mines and to the National Commission on Markets and Competition, the provisional monthly programme of purchases of each type of gas. The Technical Manager of the System and the National Commission of the Markets and the Competition will publish this information on its website.
6. The Operator of the Gas Organized Market shall not receive any additional remuneration for the negotiation of this product nor requires the separation of accounting or activities of the company MIBGAS S.A.
7. Both the carriers and the Technical Manager of the System will be exempt from the payment of the tolls necessary to carry the gas heel, the gas mattress and the operating gas suffrated by the system from the point of purchase to the points of delivery. In addition, the gas shall not withstand the retention of merms.
Additional disposition first. Compliance with the judgment of the Supreme Court on appeal 51/2013.
In compliance with the provisions of the final judgment of 2 June 2014 of the Third Section of the Chamber of the Administrative-Administrative Court of the Supreme Court concerning the action 51/2013 brought by TABICESA, S.A. against the Order IET/2812/2012 of 27 December 2012 laying down the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities, the coefficients of the years 2008 to 2012 shall be fixed in the second transitional provision of Order IET/2445/2014 of 19 December 2014, for which the establish the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities.
Additional provision second. Unit values of investment and operation reference and maintenance.
The fixed and variable unit reference values for investment, fixed operation and maintenance shall be those published in Order IET/2446/2013 of 27 December 2013 establishing the tolls and charges associated with the third-party access to gas installations and the remuneration of regulated activities.
Additional provision third. Number of supply points in recent gasification municipalities.
If, as a result of subsequent revisions, errors were detected in the value of supply points in recent gasification municipalities of the year 2014 or later, used in the calculation of the remuneration published in This order, the positive or negative differences in remuneration as a result of such corrections shall be incorporated into the recognised remuneration of subsequent years.
Additional provision fourth. Access rights and rental fees for counters and telemedide equipment.
1. The rights of connection for supplies connected to networks with supply pressure of less than or equal to 4 bar in force from 1 January 2016 are those set out in Annex IV to Order IET/2445/2014 of 19 December 2014, for which it is establish the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities.
2. The rental fee for telematic meters and equipment in force from 1 January 2016 shall be as set out in Annex III to Order IET/2445/2014 of 19 December 2014.
Additional provision fifth. Accreditation of the commissioning of projects with specific remuneration to be charged.
Those projects that received specific remuneration in accordance with the Resolution of 17 April 2012, of the Directorate General for Energy Policy and Mines, for which projects are determined with the right to pay specified in the years 2009 and 2010, and which have not applied for the payment of the corresponding specific remuneration, they must submit before 31 March 2016 the act of putting into service or certification of the autonomous community corresponding to the placing on gas of the installations subject to the specific remuneration.
In the event that the installation gas is not credited, the right to charge specific remuneration for the affected project will be considered automatically withdrawn. To this end, the Directorate General for Energy Policy and Mines, according to the documentation received, will publish in the electronic headquarters of the Ministry of Industry, Energy and Tourism, the list of those projects whose collection rights persist and those projects that are considered to be discontinued.
Additional provision sixth. Mandates to the National Commission on Markets and Competition.
1. The National Commission of the Markets and Competition will draw up and send to the Ministry of Industry, Energy and Tourism a report on the marketing costs to be applied to the marketing activity to carry out the the supply of natural gas at the rate of last resort, where each of the marketing costs it incorporates is detailed, in addition to a margin proposal for the activity.
2. The National Commission of the Markets and the Competition will draw up and send to the Ministry of Industry, Energy and Tourism a proposal of unitary remuneration for clients of recent gasification municipalities that have previously provided of liquefied petroleum gas by pipeline.
It will also carry out the necessary verifications to determine the municipalities of recent gasification for each year to be counted since 2014, and will propose to the Directorate General for Policy and Energy and Mines in its proposal of remuneration in accordance with Articles 63 and 64 of Law 18/2014, the ratio of recent gasification municipalities to 31 December of the previous year, together with the date of commencement of such gasification.
Additional provision seventh. Diversion in the remuneration of natural gas destined for the market at tariff from the contract of Algeria.
1. According to the provisions of Article 66.b of Law 18/2014 of 15 October 2014, in the fourth additional provision of Order IET/2445/2014 of 19 December 2014, and in the third transitional provision of this order, the current holder of the natural gas contract of Algeria and supplied via the Maghreb pipeline the following quantities:
(a) Provisional interest from 2015: € 1,967,117.90. This amount will be settled as a single payment in the first available provisional settlement of 2015.
b) Provisional interest from 2016: € 1,573,694.32 This amount will be divided into 12 monthly payments that will be settled as a single payment.
c) Amortization of 2016: € 32,758,000. This amount will be divided into 12 monthly payments that will be settled as a single payment.
2. Annual collection deviations resulting from different values between actual and estimated sales shall be taken into account in the determination of the variable term of the group driving toll 3 years after.
First transient disposition. Price of the operating gas for the economic calculation of the balance of mermas.
1. For the purpose of calculating the incentive mechanisms for the reduction of the mermas in distribution networks, transport networks and regasification plants, during the period from 1 October 2015 until the acquisition of the incentive mechanisms such gas on the organised market, as the price of the gas of operation, shall be applied to that resulting from the application of the formula included in the second paragraph of Annex II to the Resolution of 8 May 2015 of the Directorate-General for Policy Energy and Mines, laying down the operational rules of the auction for the acquisition of the operating gas and of the gas heel for the period from 1 July to 30 September 2015.
2. From the date on which the Technical Manager of the System proceeds to make the acquisitions of operating gas in the Organised Market for natural gas, as a mean price of gas of operation and, for the purposes referred to in paragraph 1, shall be taken the weighted average of the operating gas acquisitions made in that organised market.
Second transient disposition. Temporary toll for former users of the tariff for raw materials (PA).
On an extraordinary basis and until 31 December 2018, consumers with a specific tariff for the use of raw materials may benefit from the temporary toll for former users of the raw material tariff, the which encompasses the transport and distribution toll (including the capacity reserve term), the vessel discharge toll and the regasification toll. The difference between ordinary tolls and this toll shall be reduced annually in a linear manner until 31 December 2018.
The value of the temporary toll for former users of the premium (PA) tariff will be as follows:
− Fixed term: 3,904961 cent/kWh/day/month.
− Variable term: 0.061763 cent/kWh.
The toll (PA) will be billed by the starting point company.
Transitional provision third. Provisional interest rates of the gas system.
1. The provisional interest rate for the eventual temporary mismatch between revenue and expenditure of the 2015 gas system will be 1.2 percent. The recognised interest in such mismatch shall be due from the day following the approval of the final settlement of 2015.
2. The provisional interest rate for the eventual cumulative deficit at December 31, 2014, will be 1,700 percent. The recognised interest in such a deficit shall be due from the day following the approval of the final settlement of 2014.
3. The provisional interest rate for the cost recognized as a consequence of the Lauda dictated by the International Court of Arbitration in Paris on August 9, 2010 will be 1,201 percent. The recognised interest at this cost shall be due from 1 January 2015.
Transitional disposition fourth. Operational storage included in the transport and distribution toll.
1. As of 1 January 2016 and until 30 September 2016, the operational storage included in the transport and distribution toll is set at 25 per cent of the daily capacity contracted on the transport network.
2. From 1 October 2016, that operational storage capacity shall be 0.
Transient disposition fifth. Maneuver gas.
1. From 1 January 2016, the operating gas shall not exceed the quantity of 150 GWh. From 1 October 2016, the amount of gas used shall be zero.
2. The excess of the amount retained on the actual mermas will preferably be used to minorize the needs of purchase of gas of operation or to gas heel to reach the minimum level of filling of the transport facilities.
3. The retained mermost defect will be covered by additional operating gas purchases.
4. From 1 October 2016, the Technical Manager of the System shall keep separate accounts of the stocks of mermas in the transport networks and in the regasification plants.
Transitional disposition sixth. Remuneration of the Gas Market Operator.
1. On a provisional basis, while the remuneration methodology referred to in the second transitional provision of Law 8/2015 of 21 May 2015, the remuneration of the gas market operator for the year is not available 2016 is set at € 2,980,000.
2. Once that methodology and the data necessary for its implementation are available, the final remuneration shall be calculated and the balance, positive or negative, in relation to the provisional remuneration shall be recognised as a single payment. in the first available settlement.
Transitional disposition seventh. Cancellation of contracts.
If, by application of the provisions of paragraph 2 of the first transitional provision of Royal Decree 984/2015 of 30 October 2015, a long-term access contract was cancelled, which would have had a real life of less than one year, the access tolls will be invoiced again from the start of the same, applying the short-term tolls in force.
Single repeal provision. Regulatory repeal.
Any other provisions of equal or lower rank are hereby repealed as soon as they are in accordance with this order, and in particular:
(a) Article 13 "Rental of counters" of Order ECO/31/2003, of 16 January, establishing the rates of natural gas and manufactured gases by channelling and renting of meters.
(b) Article 14. Rights of connection for supplies under pressure equal to or less than 4 bar of the Order ECO/33/2004, of 15 January, establishing the rates of natural gas and gases manufactured by channeling, rental of meters and rights of the affected for consumers connected to supply pressure networks equal to or less than 4 bar.
(c) Article 19 "Télédida Equipment Rental Fee" of Order ITC/3992/2006 of 29 December 2006 establishing the rates of natural gas and manufactured gases by pipeline, rental of meters and rights of access for consumers connected to supply pressure networks equal to or less than 4 bar.
As of 1 October 2016, paragraph 9.6.2, and 9.6.4 of the technical management standard for the NGTS-09 system "Normal operation of the system", approved by Order ITC/3126/2005 of 5 October, for which it is approve the technical management rules of the gas system.
Final disposition first. Modification of the NGTS-09 system technical management standard.
The following sections of the technical management standard for the NGTS-09 system "Normal operation of the system", approved by Order ITC/3126/2005 of 5 October, approving the technical management rules of the system, are amended. Gas system:
1. Paragraph 9.6.2. 'Excess gas balance on the AOC' is worded as follows:
" 9.6.2 Excess Gas Imbalance in Storage for Commercial Operation in the Pipeline Network (AOC). It is worded as follows:
A user is considered to incur excess gas in storage for commercial operation in the pipeline network (AOC) when its stock on the AOC exceeds storage capacity rights. The operating costs included in the transport and distribution toll.
The balance in the AOC will be performed for the set of input capacity reservation contracts to the user's transport and distribution system.
When a user is in an off-balance sheet situation on the AOC, an economic charge equivalent to excess stock will be invoiced on a daily basis, multiplied by 5% of the reference price for operational stock default balances as defined in paragraph 9.6.6. '
2. In paragraph 9.6.4. 'Default balance of stocks in a regasification plant or in the AOC' is amended in the first paragraph, which is worded as follows:
" When a user is on an off-balance sheet for negative stock on the AOC, an economic charge shall be invoiced on a daily basis for the amount resulting from multiplying the gas default quantity by 5% of the price of the a reference as defined in the paragraph for default balances of operational stocks as defined in paragraph 9.6.6. If the negative stock imbalance occurs in a regasification plant, 10% of that reference price shall be applied. '
Final disposition second. Amendment of Order ITC/1660/2009 of 22 June establishing the methodology for the calculation of the rate of last resort for natural gas.
Order ITC/1660/2009 of 22 June, establishing the methodology for calculating the rate of last natural gas resource is amended in the following terms:
One. Article 6 (3) is worded as follows:
" a) Underground storage cost, expressed in cts/kWh:
An image appears in the original. See the official and authentic PDF document.
Two. Article 8 is amended as follows:
" Article 8. Determination of the cost of the raw material.
The cost of raw material Cn will be calculated according to the following formula:
Cn(cts/kWh) = [α × REn + (1 -α)× RBn]×(1 + PRQ)×(1 + MERM)
Where:
− α: Seasonal gas weighting, will be 0.579 in the first quarter, 0.467 in the fourth and 0 in the second and third quarters.
− REn: International seasonal gas reference, expressed in cent€/kWh, which is determined as the average of the monthly futures of the UK's National Balancing Point (NBP) for deliveries in the three months of the "n" quarter. The values published by the Intercontinental Exchange (ICE) "UK Natural Gas (monthly)" will be taken from day 6 to day 20 of the month before the quarter "n", both included, and for each day the arithmetic mean of the "settlement prices" will be taken published for each of the three months of the quarter. The contributions of each day shall be converted from pence/therm to cent€/kWh using the daily exchange rate, or on the last available day, published by the European Central Bank, and applying the conversion factor of 29,307 kWh/therm.
-RBn: International reference of the base gas, expressed in cts€/kWh and calculated using the following formula:
An image appears in the original. See the official and authentic PDF document.
Where:
▪ Brentn: Half-yearly average expressed in $/barrel of Brent crude prices in the six-month period prior to the reference quarter "n". The monthly averages expressed in $/Bbl and published in the 'Platts Oilgram Price Report' or 'Platts nPLCrüde' shall be used for their calculation. In the absence of published monthly securities, the daily average of the low and high quotes of the "Brent Dated" published daily in the "Platts POM" or "nPLCRUDE" will be taken. For the last month, the corresponding contributions shall be taken from 1 to 20 inclusive.
▪ In: Average change $/ € in the quarter before the month of calculation, calculated from the daily Dollar/Euro quotes published by the Banco de España or the European Central Bank. For the last month of the period, the contributions from day 1 to inclusive shall be considered exclusively.
-MERM: Merder coefficient will be determined according to the following formula, in which parameters defined in article six are used:
-MERM = mD + mT+ mR x %LNG.
-PRQ: Prima for quantity risk, calculated in accordance with Article 9. "
Three. Article 9 is amended as follows:
" Article 9. Premium for quantity risk.
The amount risk premium (PRQ) reflects the cost overruns for the traders of last resort for the existence of a positive correlation between the actual volume of natural gas they are obliged to supply and the price of energy on the market.
It will take the value of 0 for the second and third quarter of the year and will be determined for the first and fourth quarter of the year according to the following formula:
PRQ = (MDp x COc + MDn x COp)/F3
Being:
-MDP: Maximum historical positive deviation from estimated demand. It will have the value of 0.26.
-MDn: Maximum historical negative deviation from estimated demand. It will have the value of 0.34.
-COc: Arithmetic mean of the cost of the UK National Balancing Point (NBP) natural gas call option for deliveries in the three months of the reference quarter from day 6 to day 20 of the month before the quarter of reference and calculated as follows:
An image appears in the original. See the official and authentic PDF document.
Being:
▪ CO the cost of the call option.
▪ Futn: The listing of the natural gas future NBP for the month n of the reference quarter on the day of calculation on the "Intercontinental Exchange" (ICE).
▪ Tsupn: The execution price of the call option for the month n of the reference quarter immediately greater than the value of Futn for the calculation day on the "Intercontinental Exchange" (ICE).
▪ Tinfn: The execution price of the call option for the month n of the reference quarter immediately less than the value of Futn for the calculation day on the "Intercontinental Exchange" (ICE).
▪ COsupn: The quote for the month n option call of the reference quarter at a Tsupn execution price for the calculation day on the "Intercontinental Exchange" (ICE).
▪ COinfn: The quote for the month n option call of the reference quarter at a Tinfn execution price for the calculation day on the "Intercontinental Exchange" (ICE).
-COp: Arithmetic mean of the cost of the "National Balancing Point" (NBP) natural gas put option of the United Kingdom for deliveries in the three months of the reference quarter from day 6 to day 20 of the month preceding the quarter of reference and calculated as follows:
An image appears in the original. See the official and authentic PDF document.
Being:
▪ CO the cost of the put option.
▪ Futn: The listing of the natural gas future NBP for the month n of the reference quarter on the day of calculation on the "Intercontinental Exchange" (ICE).
▪ Tsupn: The execution price of the month n option put from the reference quarter immediately higher than the value of Futn for the calculation day on the "Intercontinental Exchange" (ICE).
▪ Tinfn: The execution price of the month n option put from the reference quarter immediately below the value of Futn for the calculation day on the "Intercontinental Exchange" (ICE).
▪ COsupn: The quote for the month n option of the reference quarter at a Tsupn execution price for the calculation day on the "Intercontinental Exchange" (ICE).
▪ COinfn: The quote for the month n option of the reference quarter at a run rate Tinfn for the calculation day on the "Intercontinental Exchange" (ICE).
-F3: average value of the natural gas futures of the UK's National Balancing Point (NBP) for deliveries in the three months of the reference quarter. Securities issued by the Intercontinental Exchange (ICE) shall be taken from day 6 to day 20 of the month preceding the reference quarter, both included. "
Final disposition third. Amendment of Order IET/2446/2013 of 27 December 2013 establishing the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities.
Article 14 of Order IET/2446/2013 of 27 December 2013 laying down the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities shall be the subject of the following wording:
" Article 14. Mermas in the distribution networks.
1. Before the end of the month "m + 3", the distributors shall calculate for each month "m" and per PCTD/PCDD, the mermas recognized in the net, the actual mermas, and the resulting balance of mermas, calculated as the most real mermas recognized. Distributors shall communicate to users the monthly balance of mermas of the month "m" corresponding to them in each PCTD/PCDD, together with the necessary information to enable them to reproduce their calculation. For all this, the detailed protocols of the System Technical Management Standards that correspond will apply.
2. Before 1 June of each year, distributors shall calculate and notify each user of the balance of the previous year, calculated as the sum of the monthly balances allocated for the whole of their networks and shall forward to the Technical Manager of the System an annual report of the actual mermas, the mermas recognized, the resulting balance of mermas and the distribution of that balance among the users according to the detailed protocol of the Technical Management Standards of the corresponding System.
3. Users may request the revision of the monthly and annual allowance balances allocated, in accordance with the procedure of the Technical Management Standards of the corresponding System.
4. Taking into account the annual information communicated by the operators, the Technical Manager of the System will supervise the correct determination of the actual mermas, the mermas retained, the balances of mermas and their assignment to the users, and will elaborate a report on this report, which will be forwarded to the Directorate-General for Energy Policy and Mines and to the National Markets and Competition Commission before 1 July each year. This report shall comply with the requirements set out in the detailed protocol of the Technical Management Standards of the corresponding System.
5. If, in the course of this monitoring work, the Technical Manager of the System detects a defect in the determination and distribution of the balance of goods which will entail the modification of the balances, the Technical Manager of the System shall communicate and justify to the distributor as soon as possible, before 25 June of each year, so that the latter can correct its allocation of balances and indicate that correction to the users concerned.
Before 1 August of each year, the System Technical Manager will approve the previous year's mermas balances, value these balances economically and communicate to users and distributors operators the balance and compensation The economic situation. These economic compensation shall be calculated in accordance with the provisions of paragraph 7 of this Article. In the event of a discrepancy regarding the decision of the Technical Manager of the System, a conflict of management of the system may be presented to the CNMC, in the terms set out in article 12.1.b.2. of Law 3/2013, of June 4.
6. In addition, the System Technical Manager shall publish on its website the value of the average price of the gas and the operating gas to be used to assess the balances of the goods.
7. The dealer who has a positive annual balance in all of his/her networks will pay his/her users with a positive annual balance, within one month of the manager's communication, the amount resulting from the assessment of the balance at the price of the reference. In turn, users with a negative annual balance shall pay to the distributor within one month of the Manager's communication the balance of the user valued at the same price.
8. For the distributor with a negative annual balance in the set of its networks, half of that balance shall be valued at the reference price, and the amount calculated among its users shall be divided in proportion to the consumption of the customers. of each in the set of the distributor's networks. Subsequently, the balance of each user's merse will be valued at the reference price. Where the result of the assessment is negative, the user shall pay that amount to the distributor within one month of the Manager's communication. When it is positive, it shall be the distributor who, within one month of the Manager's communication, pays that amount to the user.
9. The revenue or costs of distributors resulting from the compensation of the balance of mermas in their networks shall not be considered as income or liquidable costs for remuneration purposes.
10. In the event of delays in the payment of the corresponding amounts, interest on late payments equivalent to the three-month Euribor shall be payable on the day of the expiry of the increased payment by two points.
11. Annually, the National Commission of the Markets and Competition, based on the report of the Technical Manager of the System, will be able to propose to the Directorate General of Energy Policy and Mines new coefficients of mermas recognized in the net of distribution, if deemed necessary.
12. Before 1 April of the second year after the calculation, distributors may send to the Technical Manager of the System reviews of the information submitted on the actual mermest, the recognised mermas, the resulting balance of goods and the distribution of that balance between the users in accordance with the detailed protocol of the System Technical Management Standards.
Taking into account the new information communicated by the distributors, the Technical Manager of the System will supervise the revision of the actual mermas, the mermas retained, the balances of mermas and their assignment to the users, and calculate the review of the economic compensation of users and distributors, drawing up a supplementary report as defined in point 4, which it will send to the users, to the Directorate-General for Energy Policy and Mines and to the National Commission of the Markets and the Competition before 1 June of that year. This report shall comply with the requirements set out in the detailed protocol of the Technical Management Standards of the relevant System and users shall have a period of 15 days to make claims. The Technical Manager of the System shall communicate to distributors and users the revision of their balances, with the corresponding fertilisers being made between the parties within one month of such communication. "
Final disposition fourth. Amendment of Order IET/1890/2010 of 13 July regulating certain aspects relating to third party access and regulated remuneration in the natural gas system.
The following paragraphs of Order IET/1890/2010 of 13 July 2010 governing certain aspects relating to third party access and regulated remuneration in the natural gas system are amended:
1. Article 2 (4) is worded as follows:
" 4. If the quantity of gas discounted by the operator of the plant for the application of the coefficients in force is lower than the actual amounts (positive balance), the difference shall be temporarily covered by a reduction in the balance of gas the account of the balance of mermas of the regasification plant. The Technical Manager of the System shall provide the necessary technical instructions for a proper location of these quantities of gas so that it does not interfere with the gas stored by the users. The excess gas to be determined from the account of the balance of mermas of the plant shall be used for operating gas or gas heel. '
2. Article 2 (10) is worded as follows:
" 10. Where the annual balance of a regasification plant is negative, during the 30 days following the publication of the balance, the Technical Manager of the System shall make available to each user of the plant, on account of the gas accumulated as the balance of the regasification plant, a volume of daily gas equivalent to half the annual balance of the user's mermery balance proportionally in those 30 days, in the plant in question. In addition, the National Commission on Markets and Competition will economically value half the balance of the plant's mermas, using the average operating gas price of the year to which the balance corresponds. The resulting amount shall be added to the remuneration recognised to the holder of the plant in the current year, applying in the first settlement available as a single payment. '
Final disposition fifth. Amendment of Order IET/3128/2011 of 17 December 2011 regulating certain aspects relating to third party access and regulated remuneration.
The following paragraphs of Order IET/3128/2011 of 17 December 2011 governing certain aspects relating to third party access and regulated remuneration are amended:
1. Article 5 (3) is worded as follows:
" 3. In the event that the monthly balance of mermas of the transport network is negative, this balance will remain temporarily under the ownership of the Technical Manager of the System as the gas of the account of the balance of transport. If it is positive, the balance will be temporarily covered by a decrease in the volume of that account.
The System Technical Manager will provide the necessary instructions for a proper location of the gas balance, so that it does not interfere with the gas stored by the users. The excess gas in the account of the transport balance to be established shall be used to cover the needs of the gas operation or the gas heel. '
2. Article 5 (9) is worded as follows:
" 9. Where the annual balance of the goods in the transport network as a whole is negative (lower than the number of recognised goods), the Technical Manager of the System shall make available to each user half of his balance of the account of the balance of the By way of delivery at the Virtual Point of Balance of 1/30 of that quantity for 30 consecutive days from the seventh day on which the balance has been communicated to the users. "
Final disposition sixth. Amendment of Order ITC/3862/2007 of 28 December establishing the mechanism for the allocation of the capacity of underground storage of natural gas and creating a capacity market.
Article 4.3 of Order ITC/3862/2007, dated December 28, is amended to read as follows:
" Of the total usable capacity of the basic underground storage shall be reserved a part equivalent to 60 days of consumption by consumers connected to pipelines whose pressure is less than or equal to 4 bar.
The allocation of this capacity will be carried out by the System Technical Manager on an annual basis, in proportion to the total sales made in the previous year to customers connected to pipelines whose pressure of design is equal to or less than 4 bar by the subjects with this type of customer. "
Final disposition seventh. Application of the order.
The Secretary of State for Energy will dictate the precise resolutions for the implementation of this order.
Final disposition octave. Entry into force.
This order will take effect at zero hours of January 1, 2016.
Madrid, December 17, 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.
ANNEX
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