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Resolution Of March 22, 2011, Of The Directorate-General For Energy And Mines, Which Publishes Last Resource Of Natural Gas Rate.

Original Language Title: Resolución de 22 de marzo de 2011, 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 resort of natural gas. 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%.

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 Natural gas, the distribution companies may make the supply of manufactured gases. 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.

In its virtue, taking into account the Order ITC/3354/2010, of 28 December, establishing the tolls and charges associated with third party access to the gas installations, this Directorate General of Energy Policy and Mines dictates the prices that will be in effect from the zero hours of the day 1 April 2011, establishing:

First.-The non-tax rates of the last natural gas supply rate will be as follows:

Term


(€/client) /month

Variable
cent/kWh

TUR.1

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

4.09

5,105351

TUR.2

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

8.33

4,498251

Second. -Prices without taxes to be applied to consumers of gases manufactured by pipeline located in island territories are as follows:

Term


(€/client) /month

Variable
cent/kWh

T. 1

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

4.09

T. 2

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

8.33

4,498251

T. 3

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

53.51

3.950114

T. 4

Consumer greater than 100,000 kWh/year

160.69

3.675814

Third. -The values of the parameters defined in Article 6 (5) of Order ITC/1660/2009, of 22 June, establishing the methodology for calculating the rate of last resort of natural gas, are the following:

tmship = 95.177 m3 (*)

Cmi (TUR.1) = 2.507 kWh/client

Cmi (TUR.2) = 10.256 kWh/client

fc = 0.36

%LNG (expressed as per one) = 0.74 (*)

fconv = 6,833 kWh/m3 (*)

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 entered into force on July 1, 2010, and the double asterisk (**) in the resolution of October 1, 2010, according to Order ITC/1890/2010. The rest of the parameters take the value defined in Order ITC/1660/2009, dated June 22.

Fourth. The cost of the raw material and the different elements that make up the raw material are as follows:

Cost of raw material

Core components (cent/kWh)

Base Gas

Winter

Reference

Auction

n

n

Pbn

RBn

Bn

Pin

RIn

2,385173

0.124439

2.433000

2,469149

0.214122

2.458000

2,008881

BR6n
($/Bbl)
95.6100

BR60
($/Bbl)
77.2677

Tn
($/ €)
1.360607

T0
($/ €)
1.321366

HH
(cent/kWh)
1.169793

NBP
(cent/kWh)
2,847969

Fifth. -For the calculation of the billing for the supply of natural gas per channel measured by counter, during the period that includes the date of entry into force of this resolution, the total consumption of the period shall be divided The Commission shall, in accordance with Article 1 (1) of Regulation (EU) No. 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 Gazette of the State".

Against this resolution, it is possible to bring an appeal before the Secretary of State for Energy, within one month, in accordance with the provisions of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

Madrid, March 22, 2011. -Director General of Energy Policy and Mines, Antonio Hernandez Garcia.