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Resolution Of June 28, 2012, Of The Directorate-General For Energy And Mines, Which Publishes Last Resource Of Natural Gas Rate.

Original Language Title: Resolución de 28 de junio de 2012, de la Dirección General de Política Energética y Minas, por la que se publica la tarifa de último recurso de gas natural.

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TEXT

Law 12/2007 of 2 July amending Law 34/1998 of 7 October of the hydrocarbon sector in order to adapt it to the provisions of Directive 2003 /55/EC of the European Parliament and of the Council of 26 June In 2003, on common rules for the internal market for natural gas, it amended Article 93 of the Law on the Hydrocarbons Sector, defining the rate of last resort.

The Agreement of the Council of Ministers of 3 April 2009 amending the schedule initially provided for in the transitional provision of Law 12/2007 of 2 July 2007 amending Law 34/1998, of the 7 October of the Hydrocarbons Sector in order to adapt it to the provisions of Directive 2003 /55/EC of the European Parliament and of the Council of 26 June 2003 on common rules for the internal market in natural gas, from 1 July 2009 will be entitled to the supply of last resort the consumers connected to pressures less than 4 bar, with annual consumption not exceeding 50,000 kWh/year.

For its part, the Royal Decree-Law 6/2009 of 30 April, which takes measures in the energy sector and approves the social bond, designates, in its additional provision second to the marketing companies that they had to assume the obligation of supply of last resort in the peninsular and Balearic territory.

Under Law 34/1998 of 7 October, Royal Decree 949/2001 of 3 August, regulating the access of third parties to gas installations and establishing an integrated economic system of the gas sector Article 25.1 states that the Minister, by order and after the Agreement of the Government Delegation for Economic Affairs, will dictate the necessary provisions for the establishment of the rates of sale of natural gas. This Article also provides that the specific values of the tariffs and prices or a system for determining and updating them shall be laid down in those orders.

In compliance with the above, the Minister of Industry Tourism and Trade issued Order ITC/1506/2010 of 8 June amending ITC/1660/2009 of 22 June establishing the methodology for the calculation of the last natural gas resource (hereinafter called the Methodology Order). Article 10 of that order provides that the revisions of the tariff for the last resort of natural gas shall be carried out by means of a resolution of the General Directorate of Energy Policy and Mines. The fixed and variable terms of the tariffs shall be updated at the time when there is a change in the fixed and variable terms of the tolls and the system access charges or in the terms of merit in force. The variable term shall be updated on a quarterly basis, starting on 1 January, April, July and October of each year, provided that the cost of the raw material undergoes an upward or downward variation of more than 2%.

The transitional provision, first paragraph 2 of Royal Decree-Law 13/2012 of 30 March, transposing directives on the internal market in electricity and gas and in the field of electronic communications, and by The measures taken to correct the deviations from the mismatch between the costs and revenues of the electricity and gas sectors, provide for the current maintenance of the toll situation until the National Energy Commission establish the methodology for the calculation of tolls and charges for basic access services to the gas installations. Order IET/849/2012, of 26 April, set new tolls which came into force on 28 April 2012, and which are the current ones in force.

Also, Law 34/1998 of 7 October provides for the transitional regime of gases manufactured in island territories, so that until the completion and implementation of the facilities that allow the supply of The supply of manufactured gases may be carried out by the distribution companies. Order ITC/1660/2009, of 22 June, determines the rates applicable to the supply of gases manufactured in island territories until the arrival of natural gas, in accordance with the provisions of Article 25.1 of Royal Decree 949/2001, 3 of August. The single additional provision of that order provides that the tariffs to be applied by the companies distributing manufactured gases by channeling into island territories will be determined by the General Directorate of Energy Policy and Mines.

It should be noted that the Ministry of Industry, Tourism and Trade was deleted on 22 December 2011 by the final provision of Royal Decree 1823/2011 of 21 December 2011, which restructured the departments ministerial. However, according to the final provision of Royal Decree 1823/2011 of 21 December 2011, ' The references of the legal order to the bodies which, by this Royal Decree, are deleted shall be construed as those which, by this same rule, are create and replace them or assume their powers. ", all references to the deleted Ministry of Industry, Tourism and Commerce should be understood as the new Ministry of Industry, Energy and Tourism.

In its virtue, taking into account the tolls and charges in force, this Directorate General for Energy Policy and Mines has resolved the following:

First.

The non-tax rates of the last natural gas supply rate that will be in effect from the zero hours of July 1, 2012, will be as follows:

Term

(€/Client) /month

Variable

c€/kWh

TUR.1

Usage less than or equal to 5,000 kWh/year

4.35

5.929151

TUR.2

Consumption greater than 5,000 kWh/year and less than or equal to 50,000 kWh/year

8.99

5,263951

Second.

The rate to be applied to consumers of gases manufactured by pipeline located on island territories, from zero hours of 1 July 2012, is as follows:

Term

(€/Client) /month

Variable

c€/kWh

T. 1

Usage less than or equal to 5,000 kWh/year

4.35

5.929151

T. 2

Consumption greater than 5,000 kWh/year and less than or equal to 50,000 kWh/year

8.99

5,263951

T. 3

Consumption greater than 50,000 kWh/year and less than or equal to 100,000 kWh/year

58.49

4,664902

T. 4

Consumption greater than 100,000 kWh/year

175.92

4,364402

Third.

The values of the parameters defined in Article 6 (5) of the Calculation Methodology Order are as follows:

tmship = 111,934 m3 (updated in this resolution).

Cmi (TUR.1) = 2.507 kWh/client.

Cmi (TUR.2) = 10.256 kWh/client.

fc = 0.36.

%LNG (expressed as per one) = 0.68 (updated in this resolution).

fconv = 6,808 kWh/m3 LNG (updated in this resolution).

Emax (TUR.1) = 6 GWh/day.

Emax (TUR.2) = 25 GWh/day.

GNd (TUR.1) = 6,800 MWh/day.

GNd (TUR.2) = 28,028 MWh/day.

mr = 0.01% (*).

mt = 0.2% (*).

md = 1% (*).

The parameters with asterisk (*) were updated in the resolution that came into effect on October 1, 2010. The rest of the parameters take the value defined in Order ITC/1660/2009 of 22 June, except those updated in this resolution.

Fourth.

The cost of the raw material and the different elements that make it up are:

Cost

commodity

premium

Pbn

Components main (cent/kWh)

Gas

Winter

Reference

Reference

Reference

n

n

RBn

Bn

Pin

RIn

2.963745

0.136287

3.35

3,004912

0.234554

3,075

1.851865

BR6n

($/Bbl)

113.7317

BR60

($/Bbl)

113.8917

Tn

($/ €)

1,285133

T0

1,286835

HH

(cent/kWh)

0.874699

NBP

(cent/kWh)

2,829031

Fifth.

For the calculation of the billing for the supply of natural gas per channel measured by counter, during the period including the date of entry into force of this Resolution, the total consumption of the invoiced period shall be divided on a proportional basis to the days for which the various Resolutions in force apply. The resulting consumption shall be applicable to the price in force for each period, which shall include the taxes in force in the period.

Sixth.

This Resolution shall have effect from the day following that of its publication in the "Official State Gazette".

Against this resolution, an appeal may be brought before the Secretary of State for Energy, within one month, in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of the Public administrations and the Common Administrative Procedure.

Madrid, June 28, 2012. -Director General of Energy Policy and Mines, Jaime Suarez Perez-Lucas.