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Order Itc/3354/2010, Of 28 December, That Establishing The Tolls And Fees Associated With Third-Party Access To Installations Gas And Remuneration Of The Regulated Activities.

Original Language Title: Orden ITC/3354/2010, de 28 de diciembre, por la que se establecen los peajes y cánones asociados al acceso de terceros a las instalaciones gasistas y la retribución de las actividades reguladas.

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TEXT

Law 34/1998, of 7 October, of the hydrocarbon sector, states in its article 92 that the Minister of Industry, Tourism and Trade, after the Agreement of the Government of the Government for Economic Affairs, will dictate the provisions necessary for the establishment of tolls and charges for basic access services by third parties, establishing the specific values of such tolls or a system for the automatic determination and updating of such tolls. In turn, Article 91.2 of the aforementioned law provides that the economic regime of rights to be affected, hire of accountants and other necessary costs linked to installations shall be established. Finally, Article 65 determines that the Ministry of Economy (referral to the Ministry of Industry, Tourism and Trade), after the National Energy Commission, will adopt the technical management regulations of the The system shall aim to promote the correct technical functioning of the gas system and ensure the continuity, quality and safety of the supply of natural gas, coordinating the activities of all carriers.

Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system for natural gas, sets out in 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, by determining that the Minister for Economic Affairs, by ministerial order, envisaged the Commission Delegate of the Government for Economic Affairs, will dictate the necessary provisions for the establishment of the rates of sale of natural gas, the prices of natural gas for the distributors, and the tolls and canons of the basic access services by third parties.

The aforementioned Royal Decree 949/2001 of 3 August, in its articles 16.6 and 20.5, provides that the Minister of Industry, Tourism and Trade, prior to the report of the National Energy Commission, will establish, before 1 January of each year year, the fixed costs for each company or group of companies for that year, for the activities of regasification, storage and transport and distribution as well as the specific values of the parameters for the variable calculation that corresponds.

Order ITC/3993/2006 of 29 December 2006 establishing the remuneration of transport and distribution activities, supply at tariff and cost of purchase of gas, Order ITC/3994/2006 of 29 December 2006, by the remuneration of the regasification activity and the Order ITC/3995/2006 of 29 December 2006 establishing the remuneration of the underground storage activity substantially modified the system of remuneration for the until then applied regasification and storage activities.

Thus, Order ITC/3993/2006 of 29 December 2006 determined the formula for the calculation of the remuneration for the activity of the distribution of natural gas and transport facilities before 1 January 2008, while the Order ITC/3994/2006 of 29 December 2006 and Order ITC/3995/2006 of 29 December 2006 approved the remuneration of the underground storage and storage facilities of the basic network, determining the value of the operating costs fixed and variable, along with the upgrade formulas for successive years.

On the other hand, Royal Decree 326/2008 of 29 February, establishing the remuneration of the activity of transport of natural gas for installations with putting into service from 1 January 2008, regulated a new system of remuneration for the activity of natural gas transport for these installations. In particular, Article 6 provides that remuneration shall be payable as from 1 January after the date on which the premises are put into service. In addition, this royal decree, in its second provision, states that the National Energy Commission will submit a report to the Ministry of Industry, Tourism and Trade on the remuneration of certain regulated activities for the year. next. In compliance with the above, the National Energy Commission evacuated that report dated 26 November 2010, which has been taken into account in the preparation of this order.

For its part, Annex I to Royal Decree 1434/2002 of 27 December, regulating the activities of transport, distribution, marketing, supply and procedures for the authorisation of natural gas installations, In paragraph 3, a procedure for the annual updating of the rights of the undertaking is given in paragraph 3. Finally, in accordance with the second provision of Royal Decree 942/2005 of 29 July 2005 amending certain provisions relating to mineral oils, in this order the rates for the rental of counters and the telemedide equipment.

This order has been the subject of the National Energy Commission's Report 40/2010, approved by its Board of Directors of 21 December 2010, for which the arguments put forward have been taken into account. the processing of the hearing carried out through the Hydrocarbons Advisory Board.

By agreement of 27 December 2010, the Government Delegation for Economic Affairs has authorised the Minister of Industry, Tourism and Trade to issue this 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 determine the tolls and charges associated with the access of third parties to the gas installations in force from 1 January 2011, the establishment of the remuneration for the year 2011 of the companies which carry out regulated activities, as well as the determination of unit values of investment and fixed costs and operating variables of the assets assigned to those regulated activities.

2. In addition, the rental fees for meters and telemedide equipment are established for 2011, together with the rights to supply the supplies with supply pressure of less than or equal to 4 bar in the terms they indicate. respectively Annexes II and III to this order.

Article 2. Peages and canyons.

1. 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 as from 1 January 2011 are those set out in Annex I thereto. order.

2. These tolls and charges have been established in accordance with the criteria laid down in Article 92 of Law No 34/1998 of 7 October 1998 in respect of the hydrocarbon sector and Articles 25 and 26 of Royal Decree 949/2001 of 3 August 2001, regulates third-party access to gas installations and establishes an integrated economic system for the natural gas sector.

Article 3. Quotas for specific purposes.

1. The fees for the remuneration of the Technical Manager of the System and the National Energy Commission will be 0.42 percent and 0.153 percent, respectively, applicable as a percentage of the toll of the tolls and charges to refers to Article 1 of this order and which must be collected by carriers and distributors.

2. Without prejudice to the foregoing, the provisional remuneration of the Technical Manager of the System for the year 2011 shall be EUR 11,444,941. The National Energy Commission shall include in settlement 14 of 2011 the positive or negative difference between the amounts received by the Technical Manager of the System for the implementation of the quota set out in the previous paragraph and its remuneration for the year 2011.

3. Such remuneration may be updated by resolution of the Director-General for Energy Policy and Mines as soon as the proposal for a remuneration incentive is available to the Technical Manager of the System to promote efficiency in the management of the the entire gas system, according to the mandate to the National Energy Commission included in the second provision of Royal Decree 326/2008 of 29 February, establishing the remuneration of the activity of transport of gas Natural for installations with commissioning from 1 January 2008.

Article 4. General conditions for the application of tolls and charges.

1. The capacity for access contracted within a period of more than one year may only be reduced by one year after the initial capacity reserve has been made or any modification has been made to it, in accordance with the provisions laid down in Article 4 (1) of Regulation (EC) No 62001. in Article 6.3 of Royal Decree 949/2001 of 3 August.

2. The distribution companies and carriers shall ensure the correct application of the tolls and charges corresponding to the regulations in force.

Carrier and distribution companies will determine the transport and distribution toll level applicable to each consumer according to their annual consumption, according to the following:

(a) In the case of access contracts of a duration of more than or equal to one year, the consumption of the last calendar year available shall be considered as the consumption of the last 12 months.

For new access contracts, or for the contracted capacity to be modified, a consumption forecast will be considered. The expected consumption load factor for the contracted capacity shall not exceed 0,8. After 12 months, if the actual consumption observed does not correspond to the toll level that would have been applied, the access tolls shall be reinvoiced considering the consumption step corresponding to the actual consumption.

(b) In the case of contracts with a duration of less than one year, the applicable toll level shall be the result of multiplying the daily flow rate contracted for 330 days. Once the contract has elapsed, if the actual consumption observed multiplied by 365 and divided by the days of the contract does not correspond to the toll level that would have been applied, the access tolls shall be reinvoiced considering the consumption step corresponding to actual consumption.

3. The LNG storage fee, as specified in Annex I to this order, shall be invoiced for the entire volume of the gas actually stored.

4. Any collection of tolls and charges shall be communicated to the National Energy Commission and included in the settlement system, in accordance with Order ECO/2692/2002 of 28 October for the settlement of settlement procedures. of the regulated activities of the natural gas sector and of the quotas with specific destinations and the information system to be submitted by the companies is established.

5. Any reduction in billing as a result of incorrect application of the tolls and royalties of this order, as well as the failure to apply the foregoing paragraphs of this article, shall be borne by the company responsible for your billing. The National Energy Commission shall carry out the calculation of the corresponding liquidations without taking into account those decreases.

Article 5. Billing applicable to liquidations.

1. For the purposes of calculating the income to be settled, the corresponding charges for the application of the tolls and charges and the fees to the National Energy Commission and the Technical System Manager shall be taken into account for the quantities of gas provided and to the contracted capabilities.

2. The Ministry of Industry, Tourism and Trade or the National Energy Commission will be able to inspect the billing conditions for tolls and charges. The Directorate-General for Energy Policy and Mines may establish annual or half-yearly plans for the inspection of the charging conditions for tolls and charges.

As a result of the inspections, the National Energy Commission may undertake a further settlement of the amounts that have been the subject of verification or inspection.

Article 6. Billing information.

In the billing of tolls and royalties, the variables that used as the basis for the calculation of the amount to be charged, including the average value of the higher calorific gas power, will be indicated with the greatest disaggregation possible. supplied during that period, expressed in kWh/m³ (n). In particular, the percentages for the System Technical Manager and the National Energy Commission shall be broken down.

Article 7. Billing for periods with variation of tolls.

The billing of tolls and fees corresponding to periods in which there has been variation of the same, shall be calculated by handing out the total consumption of the invoiced period in proportion to the time it has been in force each year. one of them, except for the consumers in which the daily measurement is carried out, for which the invoicing shall be carried out in accordance with those measures.

Article 8. Previous contracts.

To industrial consumers who prior to the entry into force of the Order ECO/30 2/2002 of 15 February were connected to gas pipelines under pressure of less than or equal to 4 bar, with an annual consumption exceeding 500,000 kWh/year and equal to or less than 30,000,000 kWh/year, the tolls 2.a as set out in paragraph 5 (3) of Annex I to this order shall apply to them unless they have opted for the tolls in Group 3.

Consumers who are being charged at 31 December 2010 with the 2.2.1.a toll will be taken to apply the toll corresponding to Group 3. This allocation shall be carried out in accordance with Article 4 of this order.

Article 9. Telemedida.

1. All consumers, whether they are firm or interruptible, with consumption exceeding 5,000,000 kWh/year, must have telematic equipment capable of carrying out at least the measurement of daily flow rates. For these purposes, annual consumption shall be determined in accordance with the criteria set out in Article 4.2 of this order.

2. Distributors and carriers shall notify this obligation to users who do not have operational telematic equipment and which exceed the threshold set out in the previous paragraph. Consumers who exceed this limit for the first time must install telematic equipment within a period of six months from the moment when the threshold referred to in the previous paragraph is exceeded, according to the criteria laid down in the laid down in Article 4. In the case of new connection points, the distribution companies and carriers shall verify compliance with this obligation.

3. Distribution companies and carriers must guard daily readings of these counters for at least five years. If access to the connection point is to be contracted by means of procurement procedures which are linked to night/day consumption, the distribution companies and carriers must guard the hourly readings of the counters. with telemedida.

4. Those consumers, with annual consumption of more than 500,000 kWh/year and less than or equal to 5,000,000 kWh/year, who have their facilities in such equipment, may opt for the procedure for invoicing the fixed term applicable to the tolls of the Group 1.

5. In the case of consumers covered by tolls 1.1, 1.2, 1.3, 2.5, 2.6, or associated interruptible tolls and which do not comply with the obligation to have the aforementioned telematic equipment installed, or when they are out of service by a a period exceeding one month, shall be invoiced by toll 2.4, multiplied by the corresponding coefficient in the case of an uninterruptible toll.

6. In the case of consumers covered by tolls 2.3 and 2.4 or associated interruptible tolls, which do not comply with the obligation to have the aforementioned telematic equipment installed, or when they are out of service for a period of time more than one month, the variable term of toll 2.2 and the fixed term of its toll, multiplied by the corresponding coefficient in the case of an interruptible toll, shall be applied in its invoicing.

7. In the case of consumers covered by toll 2.3 bis who do not comply with the obligation to have the abovementioned telemedide equipment installed, or when they are off-duty for a period of more than one month, it shall be applied on their invoicing. variable term of toll 2.2 bis and the fixed term of its respective toll.

8. In the case of consumers covered by tolls 3.4 and 3.5 which fail to comply with the obligation to have such telematic equipment installed, or when they are off-duty for a period of more than one month, it shall apply in their billing the variable term of toll 3.1 and the fixed term of its respective toll.

9. In the cases described in paragraphs 5, 6, 7 and 8, the method of invoicing for the consumers of toll 1, set out in Article 31 of Royal Decree 949/2001 of 3 August, with the following particularity: the flow rate, shall be applied. measured daily maximum (Qm) used to calculate the billing for the fixed term of the transport and distribution toll driving term shall be calculated by dividing its monthly measured consumption by five days or its pro rata in the cases which corresponds.

Article 10. Duration access contracts less than one year.

1. Contracts for access to regasification and transport and distribution facilities for periods of less than one year shall be applied to the contracts established in this Article, as well as Articles 4 and 9.

In the case of the procurement of transport and distribution capacity, only the provisions of this Article shall apply if the supply point has operational telemedide equipment. In this case, the capacity contracted within a period of less than one year may be additional to capacities contracted at a time of more than one year at the same supply point exclusively between the months of April and September, both of which are included.

2. The consumption at that point of supply shall be allocated first to the contracts in excess time until the contracted capacity is reached, from which the consumption shall be allocated to the contracts at a lower time.

In particular, this criterion will be used to determine the applicable transport and distribution toll step referred to in Article 4, and to calculate the billing for the variable terms.

3. The capacity reserve term (Tfrc), the fixed term of the regasification toll (Tfr), the fixed term of the driving toll (Tfi) and the fixed term of the LNG charging toll in cisterns (Tfc) Applicable to access capacity contracted for periods of less than one year, shall be calculated using the coefficients set out in Annex I.

4. For the purposes of Articles 30 and 31 of Royal Decree 949/2001 of 3 August, the differences between the maximum total flow rate and the maximum total amount contracted for the set of access contracts shall be charged to the contract. access whose fixed term is greater.

5. In the formalisation of access contracts in supply points where there would have been an access contract, only discharge rights may be applicable where the new procurement involves an extension of the maximum flow rate in relation to the the maximum flow rate contracted in the past, and the provision by the distributor of the services referred to in Article 29 of Royal Decree 1434/2002 of 27 December, for which transport activities are regulated, is necessary, distribution, marketing, supply and authorisation procedures for gas installations natural.

Article 11. Transport and distribution toll interruptible.

1. Under this mode of contract, the customer shall interrupt their gas consumption to requests from the System Technical Manager under the conditions set out in this Article.

To contract this access service mode, the signing of an agreement between the consumer, the marketer in his case, and the System Technical Manager will be required. In the event that the consumer is an electrical generator, the Operator of the Electrical System must also be signed.

The conditions to qualify for this toll are as follows:

(a) Annual consumption exceeding 10 GWh/year and daily consumption exceeding 26,000 kWh/day.

b) Supply pressure greater than 4 bar.

c) Operational Telemedicine.

d) Compliance with the geographical and technical criteria assessed by the Technical Manager of the Gas System and, if applicable, the Operator of the Electrical System.

The General Directorate of Energy Policy and Mines, on a proposal from the Technical System Manager, and after the National Energy Commission report, will determine annually the zones with the possibility of congestion and capacity which may be contracted under the system of interruptibility, depending on the evolution of the market and the zonal needs of the gas system.

2. Conditions for application of the interruptible:

a) 24-hour notice period.

b) Maximum total duration of interrupts in one year:

1.) Type "A" interrupt contract: 5 days.

2.) "B" type interruption contract: 10 days.

Previous outages will be counted in the twelve-month period corresponding to the award period.

3. Causes of disruption:

The customer with this toll can only be interrupted for the following reasons:

(a) Inavailability or congestion of transport, storage, distribution and regasification facilities of the Spanish gas system resulting in a significant reduction in the available capacity.

b) Inavailability of pipelines or international connections that result in significant reductions in their transport capacity.

c) Closure of regasification terminals or source liquefaction terminals due to inclement weather or causes of force majeure.

If after the interruption the reason is concluded that the motive is imputable to a marketer, it will pay to the Technical Manager of the System an amount, which will have the consideration of income liquidable, equivalent to the volume of the interrupted gas multiplied by 5% of the reference price set out in paragraph 9.6 of the Chapter "Normal Operation of the System", of the Technical Management Standards of the System, approved by Order ITC/3126/2005 of 5 October. The above payment shall be made without prejudice to the responsibilities to which the said interruption may take place.

4. Criteria for the execution of outages:

The request for interruption may only be made by the Technical Manager of the System as a result of any of the causes mentioned in the previous paragraph and will require prior communication to the Secretary of State Energy. Such request shall involve the application for a Level 1 Exceptional Operation Situation declaration.

The System Technical Manager will distribute the necessary volume of disruption between the different interruptible clients, according to the following criteria:

a) Geographical criteria.

b) Maximum operability.

c) Minimum impact.

Whenever the situation allows, customers who have been interrupted on one occasion will be last interrupted at the next.

5. Communication:

The System Technical Manager will communicate to the consumer, the marketer, and the owner of the facilities to which the consumer is connected, the request to make the interruption with the notice period prefixed.

Failure to comply with any interruption instructions given by the System Technical Manager by a consumer with this access mode will result in the automatic application of the firm to this customer. corresponding to its characteristics of supply pressure and volume of consumption increased by 50% in all terms of the toll, during the twelve months following that in which the request for interruption was breached. Also, the default will result in the automatic cancellation of the convention.

6. Applicable tolls:

The tolls applicable in this mode of access to the transport and distribution facilities are those set out in Annex I, paragraph 9 of this order. Consumers located in areas where there is a need for interruptible access to access for security of supply reasons, may request access under conditions of interruptibility provided that they accept the conditions for this access mode and meet the conditions set out in this Article.

Article 12. Cost of transport imputed to gas in transit.

Natural gas destined for export by an international terrestrial connection will be charged the transport and distribution toll 1.3 multiplied by the factor 0.7. In the case of contracts with a duration of less than one year, the provisions of Article 10 of this order shall apply.

Article 13. Term of driving of the transport and distribution toll applicable to users supplied via a liquefied natural gas satellite plant.

In the case of supply of natural gas by distribution networks supplied from a liquefied natural gas satellite plant, all concepts of the driving term set out in Annex I shall be multiplied. which correspond to each user by factor 0.8.

Article 14. Specific remuneration for distribution facilities.

1. The distribution companies will be able to request the General Directorate of Energy Policy and Mines, a specific fee to undertake the gasification of population cores that do not have natural gas. For these purposes, the municipalities and the population units defined by the National Statistics Institute (INE) will be considered population centers.

The specific remuneration will be allocated to the connection facilities with the existing pipeline network. Such remuneration may also be requested to replace existing satellite plants of liquefied natural gas (LNG) with a connection to the pipeline network.

2. In order to access specific remuneration for connection facilities for the distribution of natural gas, the following conditions must be met:

a) That the population core does not have gas supply.

b) That there is an agreement or agreement with the autonomous community, or with the body that has the competence in the matter, for the gasification of the population core. The convention must include the population centres individually to be gasified and, where appropriate, the contributions of the autonomous community (breaking down the contributions to the connection branch and the distribution network).

This requirement shall be deemed to be met in cases where the distribution company has administrative authorisation for the execution of the facilities for the gasification of the population core, or where the undertaking is beneficiary of a grant awarded by the Autonomous Community for the gasification of the population core.

(c) The remuneration for the distribution activity, taking into account the committed contributions of public funds for the construction of the distribution facilities, is sufficient to ensure the profitability of the distribution project without considering the connection branch.

d) That the core situation requires investments in the connection facility with the existing gas network that make the project economically unviable. In the case of LNG satellite plants, factors such as the cost of replacing the satellite plant with a connection to the pipeline network, improved security of supply, security and aspects should be considered. environmental.

e) That the construction of the facilities shall be initiated in the year of the call or in any event before the end of the year following that of the call. In addition, the construction of the facilities must be completed within eighteen months from the date of the resolution determining the projects entitled to a specific fee.

f) Projects relating to population centres which have already received specific remuneration in previous calls, even if this has not been for the total amount requested, may not be subject to a new (a) specific remuneration, irrespective of the new amount requested, unless they make a prior express waiver-together with the new application for specific remuneration-to the amount previously granted. This waiver will not ensure that the new call for remuneration is obtained.

3. Applications for specific distribution fees shall be made before 30 June of each year, accompanied by the request for the following documentation:

a) Description of the population core by the eleven-digit codes published by the INE on its website, with the maximum breakdown.

b) Technical description of the distribution network and ERMs, accompanied by hydraulic scheme and location plans of the proposed facilities.

c) Technical description of the connection branch, accompanied by hydraulic scheme and location plans of the proposed installations.

d) Investment budget, broken down by the specific remuneration requested.

e) Consumption and demand points for each level of pressure over a 30-year horizon, justifying cases where there is a strong growth of the population at the core with respect to the population censured in the

f) Investment analysis of the population core gasification project without the connection branch (thirty-year horizon). Such analysis shall include, where appropriate, the contributions of public funds to the distribution facilities.

g) Investment analysis of the population core gasification project including investment in the connection branch (thirty-year horizon). Such analysis shall include, where appropriate, the contributions of public funds to the distribution and connection facilities.

h) Contributions from public funds.

i) Quantification of the requested remuneration.

j) Supporting documentation of compliance with some of the requirements set out in paragraph 1.a of this Article.

In order to homogenize the information of the different projects, the Directorate General of Energy Policy and Mines will establish standard formats for the investment and market analysis of the different projects, It should be provided in the form that is indicated.

The Directorate General for Energy Policy and Mines will jointly resolve the requests received, prior to the National Energy Commission's report. The specific remuneration shall be allocated until the quantity available for each year is exhausted. Applications shall be assessed on a direct basis to the contribution of the Autonomous Community and/or other public entities and in inverse function to the quantity applied for in accordance with the following criteria:

(a) Between 0 and 100 points shall be allocated on the basis of the co-financing rate with public funds from the connection facilities. This percentage shall be weighted by the supplementary to 100 of the gasification rate for each province. For these purposes the rate of gasification of the provinces will be used that will be published on the website of the Ministry of Industry, Tourism and Commerce.

(b) 0 to 100 points shall be allocated on the basis of the specific remuneration requested in relation to the number of supply points envisaged.

In the case of replacement of existing LNG satellite plants, the number of supply points of the year prior to that of the application will be taken. In the case of new areas to be gasified, the number of supply points foreseen at three years from the start up will be taken.

For the allocation of valuation scores, the effect of projects presenting extreme values may be ignored.

4. The specific remuneration granted for each project shall in no case exceed the minimum of the following amounts:

(a) The specific remuneration for a project may not exceed 10% of the available amount of annual specific remuneration for the sector as a whole.

(b) The specific remuneration necessary to ensure sufficient profitability. For these purposes, the rate of remuneration to be applied shall be the average of the last 12 months prior to 1 November of the year preceding that of the call for 10-year State Bonds or interest rate to replace it plus 150 points. basic.

c) The specific remuneration needed in such a way that the contribution of the autonomous community and other public funds for the investment in connection is more than 85 percent of the investment in connection.

(d) In any event, the company benefiting from the specific remuneration shall be the distribution company that effectively performs the gasification of the population core, in accordance with the authorizations granted by the competent administration, provided that the new beneficiary has applied for such specific remuneration, and has not been disqualified. The amount to be received by the new beneficiary shall be the smaller amount between the amount of specific remuneration and the amount requested by the new beneficiary.

5. The Directorate-General for Energy Policy and Mines will set out in the resolution the criteria for the minorisation of the specific remuneration in cases where the amounts of the investment made or the grants awarded differ from the declared by the company in its application.

The National Energy Commission shall integrate the specific remuneration granted into the recognized remuneration of each distribution company once the compliance with the conditions laid down has been established before that commission. To this end, the distribution companies must provide the National Energy Commission with the following documentation:

a) Administrative authorization for the execution of the facilities and license of works.

(b) Planes of location of the connection branch and of the distribution network put into gas accompanied by a hydraulic scheme indicating the technical characteristics of the installations.

c) A copy of the documentation accompanying the application for specific remuneration for the project submitted to the Directorate-General for Energy Policy and Mines.

(d) the entry into service or certification of the autonomous community corresponding to the placing on the gas of the installations subject to the specific remuneration.

e) Certification of the autonomous community, or public entity of the disbursement of the aid.

f) Audit of the investment subject to the specific remuneration granted.

g) Any additional information at the request of the National Energy Commission.

6. For the year 2011, the annual specific remuneration for the sector as a whole shall in no case exceed the following amount:

RDn = 23,000,000 € -RTS.

Where:

RDn: Maximum distribution specific retribution allocated for the year 2011.

RTS: Remuneration for new secondary transport facilities in year n-1 plus the remuneration for new secondary transport facilities which have not been deducted from the total quantity allocated to the specific remuneration in the previous years. For the purposes of calculation, the full annuity for the installation in the year following that of the start up shall be calculated as remuneration.

7. A maximum of EUR 5,000,000 shall be reserved for the connection facilities of the distribution networks with the network of pipelines of population centres situated in the territorial area of the territory of the Member State of the European Union. canary archipelago.

This specific remuneration may be allocated, in addition to natural gas connection facilities, to the facilities necessary for the distribution of manufactured gas, provided that both the gas supplied and the distribution facilities are compatible with natural gas and the authorisation is conditional on the processing of the same for the operation of natural gas when this fuel is available. In no case shall the satellite air plants be included.

The General Directorate of Energy Policy and Mines shall establish in the inclusion resolution the form and conditions for the settlement of the remuneration for the distribution facilities.

If the specific remuneration obtained by the projects presented in the Canary Islands does not reach the maximum remuneration reserved, the General Directorate of Energy Policy and Mines will be able to use the remaining amount for to provide specific remuneration for projects submitted in the rest of the national territory which comply with the requirements set out in this order.

Article 15. Regime applicable to gases manufactured in the island territories.

1. In application of the provisions of the transitional provision twenty-one 'Transitional regime for gases manufactured in island territories', of Law 34/1998 of 7 October 1998, compensation for the supply of air-propanes applicable to the Balearic Islands will cease to be in effect since 1 January 2012.

2. The disposal price to be considered as the liquidable cost of the distribution companies supplying manufactured gases in the island territories shall be 0,023326 €/kWh.

3. 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 16. Acquisition of gas and heel gas.

1. The carriers shall acquire the natural gas required for their own consumption (operating gas) and for the minimum level of filling of the pipelines of the transport network and the regasification plants (gas heel) annually. In addition, the gas required for the development of underground storage of the core network (buffer gas) will be acquired through this procedure.

2. Before 1 February of each year, the carriers shall notify the Technical Manager of the System of their monthly gas requirements for the twelve months following July of each year. In the event that consumption takes place in installations equipped with electrical cogeneration which are to be discharged into the network, this consumption shall be reduced in the part attributable to the electricity production offered. Before February 15, the Technical Manager of the System will communicate to the General Directorate of Energy Policy and Mines and to the National Energy Commission, the monthly gas purchase program of each carrier. The Technical Manager of the System and the National Energy Commission will publish this information on its website.

For the acquisition of such gas an annual auction will be organized, whose rules will be established by resolution of the Secretary of State of Energy.

3. Gas intended for the minimum level of filling of transport pipelines and regasification plants shall be paid as a necessary investment for the transport activity, with financial compensation being recognised. The buffer gas for the underground storage of the basic network shall be paid in accordance with the provisions of Order ITC/3995/2006 of 29 December 2006 establishing the remuneration of the underground storage of natural gas on the core network.

4. The gas intended for self-consumption shall be valued at the price resulting from the auction and its purchase shall be considered as a liquidable expense.

Article 17. Financial remuneration for gas for the minimum level of filling of transport pipelines and regasification plants.

1. Companies that acquire gas for the minimum filling level (NMLL) of transport pipelines and regasification plants shall be entitled to financial compensation for the holding of this fixed gas. The gas shall be acquired in accordance with the procedure laid down.

2. The financial remuneration for the minimum filling gas for the transport pipelines and the regasification plants acquired by a company in the year shall be calculated by applying to the acquisition cost a fee of remuneration whose value shall be determined for each year as the monthly average of the State Obligations to 10 years corresponding to the twelve months prior to the month of November of the previous year, plus 350 basis points. The acquisition cost shall be calculated by multiplying the price resulting from the auction to the quantity purchased.

3. The financial remuneration for the gas acquired for the minimum level of filling of an installation shall be due from the time of incorporation into the installation. The financial remuneration of the year of the purchase of the gas shall be calculated by pro rata for the number of days from the date of accrual to 31 December of that year. The System Technical Manager shall inform the General Directorate of Energy Policy and Mines and the National Energy Commission of the quantities delivered to each carrier and the date of delivery.

The payments for the financial remuneration of years with liquidation 14 already closed will be settled as a single payment at the next provisional settlement, while in any other case this remuneration will be integrate into the recognized remuneration for that year.

4. The Director General of Energy Policy and Mines, prior to the report of the National Energy Commission, will determine the financial remuneration to be recognized by each company.

5. The right of financial remuneration associated with gas for the minimum level of filling of a facility shall be transmitted by the installation in the process of purchase and sale of the facility.

The sale, sale, or use of gas for a minimum level of filling for other purposes other than for which it was acquired will result in the loss of the right to its financial remuneration.

Article 18. Coefficients of mermas in gas installations.

The percentages of mermas to retain users by the facility holders are as follows:

(a) Mermas de regasification (Cr): 0,01% of the gas discharged into the regasification plants.

b) Underground storage (Ca): 0% of the gas injected into the underground storage.

(c) Primary transport goods (Ct): 0,2% of the gas inputs to the primary transport network (from international connections, fields, regasification plants or from other points of entry outside the gas system).

d) Mermas of pressure distribution equal to or less than 4 bar (Cr < 4): 1%.

e) Mermas of pressure distribution equal to or less than 4 bar, for networks fed from satellite plant (Cr < 4): 2%.

f) Mermas of pressure distribution exceeding 4 bar (Cr > 4): 0,39%. Any distribution in pipelines of a maximum design pressure of more than 16 bar shall not be recognised unless its existence is justified.

Additional disposition first. Temporary price applicable to consumers without a supply contract.

1. The price to be paid for one month, to the marketer of last resort of the business group to which the distributor belongs, by the consumers that transiently do not have contract of supply in force with a marketer will be equal to the rate of last resort "TUR.1". In any event, the amount invoiced shall not be less than the driving term for the transport and distribution toll corresponding to the consumer.

2. The step of the driving toll paid by the marketer to the distributor for these consumers shall be 3.1, irrespective of the supply pressure or annual consumption volume.

Additional provision second. Extension of the time limit for the construction of the facilities for projects to which specific remuneration has been allocated for projects initiated in the years 2009-2010.

The deadline for the start of construction of the facilities for projects to which specific remuneration has been allocated in the call for projects is extended until 30 June 2011. in the years 2009-20010, in accordance with the provisions of the second provision of Order ITC/3802/2008 of 26 December establishing the tolls and charges associated with third party access to gas installations, the tariff of last resort, and certain aspects relating to the regulated activities of the gas sector.

Additional provision third. Plan of action 2008-2012.

1. The amount charged to third-party access tolls for gas installations intended for the financing of the 2008-2012 Action Plan, approved by the Council of Ministers Agreement of 20 July 2007 and by which the measures of the Document of "Strategy for energy saving and efficiency in Spain 2004-2012", approved by the Council of Ministers Agreement of 28 November 2003, will not exceed, for the year 2011, EUR 57,000,000. This amount shall be distributed by the Ministry of Industry, Tourism and Trade with an objective character in accordance with that plan and shall be cleared after verification of the achievement of the intended objectives.

For these purposes, the amount included in the preceding paragraph shall be considered as a regulated remuneration to be included in the settlement system. Payments resulting from the application of the provisions of Order ECO/2692/2002 of 28 October 2002 shall be entered into the deposit account, which shall be designated by the National Energy Commission.

2. The National Energy Commission is empowered to amend the distribution coefficients in order to collect exactly the quantity established. Any interest that may be generated by that account shall be taken into consideration for the same purpose for the following year.

Additional provision fourth. Remuneration of regulated activities for the year 2011.

In Annex IV to this order, the total amount and the breakdown of the remuneration for the year 2011 of the companies carrying out regulated activities in the gas sector is set out in Annex IV. To this effect it is distinguished:

(a) Remuneration for companies carrying out distribution activities.

(b) Remuneration in respect of depreciation, financial remuneration and fixed operating expenses of companies holding transport assets.

(c) Final and provisional remuneration for depreciation, financial remuneration and fixed operating and maintenance costs of undertakings engaged in regasification activities.

(d) Final remuneration for the depreciation and financial remuneration of the assets affected by the underground storage activity.

e) Remuneration for transport facilities.

Additional provision fifth. Unit values of investment and operation and maintenance.

1. In Annex V, the unit values of investment for the transport facilities put in place in 2011 and unit values for operation and maintenance for transport installations for the year 2011 are laid down.

2. In Annex VI, the provisional unit values for operation and maintenance of the underground storage facilities for 2011 are laid down.

3. In Annex VII, the unit values of investment for the regasification facilities implemented in 2011 and the operation and maintenance of the regasification plants for the year 2011 are established.

Single transient arrangement. Temporary toll for former users of the tariff for raw materials (PA).

On an extraordinary basis and until 1 January 2012, consumers with a specific tariff for the use of raw materials will be eligible for the following toll, which encompasses the toll of transport and distribution (including the capacity reserve term), the vessel discharge toll and the regasification toll:

Fixed term: 0.2596 cent/kWh/day/month.

Variable term: 0.0041 cent/kWh.

This toll will be billed by the starting point company.

Single repeal provision. Regulatory repeal.

Any other provisions of equal or lower rank shall be repealed as soon as they object to the provisions of this order.

Final disposition first. Review of tolls and charges.

The tolls and charges set forth in this order may be revised quarterly for entry into force on the first day of the months of April, July and October.

Final disposition second. Amendment of Order ITC/3993/2006 of 29 December 2006 establishing the remuneration of certain regulated activities in the gas sector.

The definitions of the terms IPHDk and IPHPj included in Article 18 (1) of Order ITC/3993/2006 of 29 December 2006 establishing the certain regulated activities in the gas sector are replaced by the following:

"IPHDk = Semimsum of the final CPI and IPRI values of the year" k ". For "k" less than or equal to 2010, the final values for the year of December of the year "k" rounded to two decimal places shall be taken as final values. For "k" greater than or equal to 2011 as the definitive value of the year "k", the value corresponding to the month of October of the year "k-1" shall be taken. "

"IPHPj = semi-sum of the provisional CPI and IPRI values of the year" j ". For securities of j less than or equal to 2010, the purpose of the European Central Bank's CPI and an IPRI value calculated by applying to the provisional value of CPI the ratio of the IPRI and CPI values for October shall be taken as provisional values. of the year "j-1". For j values greater than or equal to 2011, provisional values will no longer be used and only the definitive IPHDDj value will be used. "

Final disposition third. Amendment of Order ITC/1660/2009 of 22 June establishing the methodology for the calculation of the rate of last resort for natural gas.

The definitions of the terms BR6O and TO included in Article 8 of Order ITC/1660/2009 of 22 June, establishing the methodology for calculating the rate of last resort of natural gas, replace with the following:

" BR6O: Average of the price of Brent crude for the month of the auction and the five months immediately preceding the auction. For the month in which the auction is held, the average of the quotations available shall be considered up to the day of the auction without including that of that day or of the previous four calendar days. "

" TO: Mean the DoIar/Euro exchange rate of the auction month and the two months immediately preceding. For the month in which the auction is held, the average of the quotations available shall be considered up to the day of the auction without including that of that day or of the previous four calendar days. "

Final disposition fourth. Amendment of Order ITC/3520/2009 of 28 December establishing the tolls and charges associated with third party access to gas installations for the year 2010 and updating certain aspects relating to the remuneration of third parties regulated activities of the gas sector.

The table in paragraph 1 "Remuneration for companies carrying out distribution activities" of Annex IV "Remuneration for regulated activities for the year 2010" of Order ITC/3520/2009 of 28 December 2009 establish the tolls and charges associated with third-party access to gas installations for the year 2010 and update certain aspects relating to the remuneration of regulated activities in the gas sector, is amended as follows: terms:

One. The compensation awarded to the Sureuropean Gas Distributor, S.A.U. included in column "TOTAL" of the table amounts to an amount of 1,131,219 euros.

Two. The company Transmantega de Gas, S.A.U., is included in the table with a remuneration assigned in respect of "TOTAL" for the year 2010 of 1,041,221 euros, corresponding to the natural gas distribution activity carried out by the company in the municipalities in the province of Toledo de Consuegra, Madriafar, Polan and Sonseca since 4 January 2010.

Final disposition fifth. Application of the order.

The General Directorate of Energy Policy and Mines will dictate the precise resolutions for the implementation of this order.

Final disposition sixth. Entry into force.

This order shall enter into force at zero hours of 1 January 2011, with the exception of the underground storage fee, which shall apply from 1 April 2011.

Madrid, December 28, 2010. -Minister of Industry, Tourism and Trade, Miguel Sebastian Gascón.

ANNEX I

Basic Services Tolls and Fees

First. Regasification toll.

The fixed terms (Tfr) and variable (Tvr) of the toll corresponding to the use of the regasification facilities, as defined in Article 30 of Royal Decree 949/2001 of 3 August, for which the Third-party access to gas installations and an integrated economic system of the natural gas sector is established, they will be as follows:

Tfr: Fixed term for regasification toll: 1.7323 cent/ (kWh/day) /month.

Tvr: Regasification toll variable term: 0.0103 cent/kWh.

Second. Loading and unloading toll for international connections.

The LNG discharge service toll shall include the right to the use of the facilities necessary for the discharge of LNG from a vessel to the regasification plant.

Plants of Huelva, Cartagena and Sagunto:

Tfd: Fixed term for the LNG discharge toll: € 30,013 /ship.

Tvd: LNG download toll variable term: 0.0060 cent/kWh.

Bilbao, Barcelona and Mugardos plants:

Tfd: Fixed term for LNG discharge toll: 15,006 €/ship.

Tvd: LNG discharge toll variable term: 0.0031 cent/kWh.

The toll applicable to the introduction of natural gas by international gas pipeline connections is as follows:

Larrau and Irun international connections: 0 cent/kWh.

Badajoz international connection: 0 cent/kWh.

Tuy international connection: 0 cent/kWh.

GME international connection: 0 cent/kWh.

MEDGAZ international connection: 0 cent/kWh.

Third. Loading toll of tanks.

The toll of the LNG discharge service shall include the right to the use of the facilities necessary for the loading of LNG tankers.

Tfc: Fixed term of the LNG charging toll in cisterns: 2,5444 cent/kWh/day/month.

Tvc: Variable end of LNG load toll in tanks: 0,0150 cent/kWh.

For the purpose of billing the fixed term (Tfc), the result of dividing the kWh loaded in the month between 30 is considered as daily flow rate. This flow rate will have the consideration of maximum daily rate nominated in the month (Qrn) and will apply to the procedure of invoicing established for the toll of regasification included in article 30 of the Royal Decree 949/2001, of 3 of August.

Fourth. LNG transfer toll to ships.

LNG cargo services on ships or cold putting from regasification plants shall be given the following toll:

Fixed term: 156.208 €/operation.

Variable term: 0.1381 cent/kWh.

For ship-to-ship transfer, without going through LNG storage of the plant, a toll of 80 percent of the previous value will be applied.

The mermas that will be produced will be on behalf of the service contractor, as will the delivery of the gas needed for the operation. These services may only be provided in the subsidiary and as soon as they do not interfere with the normal operations of the system. In any event, by resolution of the General Directorate of Energy Policy and Mines you will be able to interrupt or cancel your benefit.

Fifth. Transportation toll and firm distribution.

The transport and distribution toll will be composed of two terms: a capacity reserve term, and a driving term. The latter will be differentiated according to the design pressure, to which the consumer's facilities are connected.

PTD = Trc + Tc

Where:

PTD: Transport and Distribution Peage.

Trc: Capacity reservation term.

Tc: Driving term.

1. The fixed term by reservation of capacity of entry to the System of Transport and Distribution (Tfe) regulated in Article 31 (A) 2. Royal Decree 949/2001 of 3 August will be as follows:

Tfe: Trc capacity reserve fixed term: 0.9582 cent/ (kWh/day) /month

2. The terms of driving the transport and distribution toll for consumers not fed by satellite, depending on the design pressure where the final consumer's facilities are connected in the article. 31 (B) 2. of Royal Decree 949/2001 of 3 August are those listed in the following tables:

1.2

2.3

2.5

Fixed Term

Tfij

cent/kwh/day/month

Term variable Tvij

cent/kwh

Peage 1 (P> 60 bar)

1.1

3,0528

1.2

2.7273

0.0603

1.3

2.5314

0.0543

Peage 2 (4 bar < P < = 60 bar)

2.1

22,3530

0.1709

2.2

6.0670

2.3

3.9724

0.1103

2.4

3.6402

2.5

3.3466

0.0868

2.6

3,0783

0.0753

Peage 3 (P < = 4 bar)

2.23

2.23

2.23

3.2

5.11

1,9380

3.3

47.91

1,3818

3.4

71.53

1.1075

cent/kwh/day/month

3.5

5,2344

0.1356

The 3.5 toll will be applied exclusively to the consumption above 8 GWh/year.

For the purpose of billing the fixed term (Tfij) of toll 3.5, it shall apply as set out in Article 31 of Royal Decree 949/2001, of 3 August, for the fixed term of the toll of Group

.

In case of overnight consumption, the following quantity shall be subtracted from the maximum measured flow (Qmj):

(Monthly Night Consumption/Monthly Total Consumption) * 0.50 *Qmj

It will be considered as a night consumption between 23:00 and 07:00 hours. In order to qualify for this discount it will be mandatory to have an operational telemedide and that the night consumption is greater than or equal to 30 percent of the total consumption.

3. Terms of driving of the transport and distribution toll applicable to the customers referred to in Article 8 of this order.

Peage 2 bis (P < = 4 bar)

Fixed Term

Tfij

cent/kwh/day/month

Variable term

Tvij

cent/kwh

11.67

0.2621

2.3 bis

8.96

0.2492

Sixth. Underground storage cannon.

The fixed and variable terms of the charge for underground storage, which are regulated in Article 32 of Royal Decree 949/2001 of 3 August, will be as follows:

Tf: Fixed term of storage fee: 0.0411 cent/kWh/month.

Tvi: Storage cannon injection term: 0.0244 cent/kWh.

Tve: Storage cannon extraction term: 0.0131 cent/kWh.

Seventh. LNG storage fee.

The variable toll term for the LNG storage fee shall be as follows:

Tv (cent/MWh/day): 2,8907 cent/MWh/day.

This fee will apply to all LNG stored by the user.

Eighth. Transport and distribution toll interruptible.

Tfe: Capacity reserve fixed term: The one in effect.

Transport and Distribution Toll Driving Term: It will be the result of multiplying the driving term of the road toll and the firm distribution in force corresponding to the pressure of supply and volume for annual consumption by 0,7 in the case of interruptibility type A and by 0,5 in the case of interruptibility type B.

To the billing of the term of the term of the driving term, it will be applicable to the maximum flow rate measured in the article 31.B of the Royal Decree 949/2001, of August 3.

Ninth. Toll applicable to access contracts of less than one year.

The coefficients to be applied to the fixed term of flow of the tolls corresponding to services of access to the gas installations, contracted with a duration of less than one year, in accordance with the provisions of Article 10 of the This order is as follows:

Peage

journal

Peage

0.10

2.00

0.10

0.10

2.00

March

0.10

2.00

abril

0.03

0.50

May

0.03

0.50

June

0.03

0.50

July

0.03

0.50

August

0.03

0.50

sept

0.03

0.50

October

0.10

2.00

November

0.10

December

0.10

The variable term (Tvij) to be applied is that of the corresponding toll.

ANNEX II

Counter-hire rate for telemedide counters and equipment for the year 2011

The prices without taxes of rental of meters and equipment of telemedida, to the users or subscribers by the companies or entities supplying them will be the following:

1. Counters:

Flow (m3/h)

Rental

Up To 3 m3/hour

0.65 €/month

To 6 m3/hour

1,18 €/month

than 6 m3/hour. % per 1,000 of the average counter value that is set below.

12.5 per 1,000 of the average counter value that is fixed below/month.

flow

(m3/hour)

Average value

counter

To 10

198,74

To 25

365.79

40

644.90

To 65

1.449.22

To 100

1,961.94

To 160

3.077.36

Up to 250

6.512.76

The collection of the monthly rental by the owners of the accounting devices implies the obligation on the part of these entities to carry out their maintenance on their own.

2. Telematic equipment for the transmission of information to a remote control centre:

Equipment for a single line: 77.15 €/month.

Additional line equipment: 14.79 €/month.

ANNEX III

Connection rights for supplies connected to networks with supply pressure of less than or equal to 4 bar for the year 2011

1. The applicant shall pay the distribution company the amount resulting from the application of the following formula:

Amount (Euro) = 99.25 * (L-6)

Being "L" the length of the connection in meters. In case of negative amounts the amount will be zero.

For these purposes, the natural or legal person requesting the connection shall be considered to be the applicant without necessarily having to contract the new supply or extension.

2. The contractor of a new point of supply or consumption, or of the extension of an existing one, must pay the distribution company, at the time of the contract, the amount collected in the following table on the basis of the tariff or toll contracted:

Rate Group or Peage

Annual consumption in Kwh/year

Euros per contractor

1

Less than or equal to 5,000

100.15

2

Greater than 5,000 and less than or equal to 15,000

100.15

2

Greater than 15,000 and less than or equal to 50,000

230.20

3

Greater than 50,000 and less than or equal to 100.00

460,42

4/5

Greater 100,000

460.42

ANNEX IV

Remuneration of regulated activities for the year 2011

1. Remuneration for companies carrying out distribution activities.

448,763

Madrileña Red de Gas, S.A.

994,826

2011 Update

Review 2009-2010

TOTAL

Naturgas Energia Distribution, S.A.

160.808.227

-6.172.935

154.635.292

Gas, S.A.

1.019.291

-593,415

425,876

Gas Distributor, S.A.

8.925.375

200.337

9.125.712

ENDESA GAS Distribution, S.A.

9.184.214

-743.737

8.440.477

Distribution and Marketing of Gas Extremadura, S.A.

10.397.178

-141,958

10.255.220

Gas Aragon, S.A.

35.029.734

691,662

35.721.395

Gesa Gas, S.A. (no extracoste)

17.959.294

-620,442

17.338.852

1.382.916

18.293

1.401.209

Gas Natural Distribution SDG, S.A.

728.391,020

14.373.172

742.764.192

Gas Natural Andalucia, S.A.

76.480.326

-2.145.798

74.334.528

Gas Distribution Cantabria, S.A.

23.583.009

-517.918

23.065,091

Natural Gas Castilla-La Mancha, S.A.

35.605.465

244.056

35.849.520

Gas Natural Castilla y Leon, S.A.

71,095,621

-1.262.792

69,832,829

CEGAS, S.A.

115.658.797

-1.092.011

114.566.786

Gas Galicia SDG, S.A.

31.582.872

-694.201

30.888,670

Gas Energia Distribution Murcia, S.A.

16.975.914

-650.038

16.325.877

Gas Navarra, S.A.

25,554,913

-549.030

25,005,883

Natural Rioja Gas, S.A.

13.330.420

-144.082

13.186.338

Regional Canary, S.A.

297,369

133.288

430.657

Iberdrola Distribution de Gas, S.A.

183.598

9.720

193.317

448,763

-27,623

421,140

95.691.268

362.215

96.053.483

1.027.134

-32.308

994,826

1.480.612.717

644,453

1.481.257.170

2. Remuneration in respect of depreciation, financial remuneration and fixed operating expenses of companies holding transport assets (€).

Total Annual Pay

Total Payment

single

TOTAL

RETRIBUTION

2011

CEGAS

1.147.137, 45

0.00

1.147.137, 45

ENAGAS, S.A.

636.401.577.14

2.998.991.31

639.401.11.36

ENDESA GAS Carrier, S.L.

13.194,427.69

237.490, 80

13.431.918.49

Gas Aragon, S.A.

3.742.983.01

0.00

3.742.983.01

Extremadura Gas Carrier, S.L.

3.570.088.10

19.134.84

3.589.222, 95

Natural Gas Andalucia SDG, S.A.

3.961.671.07

0.00

3.961.671.07

Castilla-La Natural Gas Blemish, S.L.

1.780.398.17

8.283.11

1.788.681.28

Natural Gas Transport SDG, S.L.

24.315.494.80

203.901.19

24,519.396.00

Iberdrola Infraestructuras Gasistas, S.A.

47.597, 13

0.00

47.597.13

Navarre Gasist Infrastructures, S.A.

729.255.02

0.00

729.255.02

Naturgas Transport, S.A.U.

26.449,810.83

237.753, 21

26.676.655.04

Sagunto Regasification Plant, S.A.

536.888, 97

0.00

536.888.97

Regasicator, S.A.

8.145.940.02

0.00

8.145.940.02

Carrier of the Gas, S.L.

6.122.405.44

0,00

6.122.405.44

390.821,34

0.00

390.821,34

390.821,34

, S.A.U.

2.375.824.05

0.00

2.375.824.05

Total

732.912.320, 24

3.705.554.47

736.607.708.61

Note: The figures in this table include the remuneration for the pipelines included in paragraph 5 of this Annex.

3. Remuneration in respect of depreciation, financial remuneration and fixed operating and maintenance costs of companies holding regasification facilities (€).

retribution 2011

ENAGAS, S.A.

214,748,946

Bizkaia Gas, S.L.

49.674.172

69,303,438

47.925,989

Total

381.652,545

4. Remuneration of the assets affected by the underground storage activity.

retribution 2011

ENAGAS, S.A.

11.884.263.13

REPSOL OIL RESEARCH

8.082.756.53

MURPHY OIL SPAIN

1.993.775.82

TOTAL

22.960.795.49

5. Remuneration for the provision of transport facilities.

Transport facilities put into service in 2009

Type

Headline

Element

March on March

REMUNERATION TO ACCOUNT

2009 (€)

2010 (€)

2011 (€)

ERM

ENAGAS, S.A.

ERM G-250 (72/59) in Pos. F-27 of the Seville-Madrid gas pipeline at the Yeles (Toledo) t.m.

29/10/2009

8.105.33

83.685.65

84.238.62

EM

ENAGAS, S.A.

EM G-400 in Pos. K-13 of the Tarifa-Cordoba gas pipeline at the T.m. in Arcos de la Frontera (Cadiz)

11/12/2009

0.00

70.874, 42

71.322.10

ENAGAS, S.A.

ERM G-650 (72/45) in Pos. F-25 of the Seville-Madrid gas pipeline at the T.m. Mascaraque (Toledo)

29/10/2009

9.238.00

95.755.96

96.386.64

EM

ENAGAS, S.A.

EM G-2500 in Pos. 5D.03.04 of the Ramal pipeline to Besós in the t.m. de Sant Adrià de Besós (Barcelona)

26/10/2009

10.628.13

125.831.97

126.573.88

EM

ENAGAS, S.A.

EM G-250 in Pos. K02.03.1A of the Tarifa-Cordoba gas pipeline at the San Roque (Cadiz) t.m.

17/1212009

0.00

66.694.61

67.113.52

ENAGAS, S.A.

ERM G-400 in Pos. F-06.2 of the Huelva-Sevilla gas pipeline in the T.m. de Palomares del Rio (Seville)

17/12/2009

0.00

88,974, 77

89.565.80

ENAGAS, S.A.

ERM G-250 in Pos. K01del Tarifa Cordoba gas pipeline at t.m. Tarifa (Cadiz)

17/12/2009

0.00

83.685.65

84.238.62

TOTAL

27,971.46

615.503.01

619.439.18

Put into service in 2010

Type

G

P

P

Headline

Element

March on March

REMUNERATION TO ACCOUNT

2010 (€)

2011 (€)

G

ENAGAS, S.A.

Duplication of the Castelnou-Tivissa Pipeline. Zaragoza Province.

14/09/2010

131,610.52

3,424.825.50

G

ENAGAS, S. A.

Duplication of the Castelnou-Tivissa Pipeline. Province of Teruel.

18/10/2010

2.743.48

107.087.96

G

ENAGAS, S.A.

Duplication of the Castelnou-Tivissa Pipeline. Tarragona Province.

20/10/2010

92.289.57

3.602.398.15

P

ENAGAS, S.A.

New Pos. 18.D of the Castelnou-Tivissa Pipeline Mirror Pipeline on the TM of Maella (Zaragoza).

14/09/2010

0.00

111.965,

ENAGAS, S.A.

New Pos. 19.D of the Pipeline Doubling of the Castelnou-Tivissa Pipeline in the TM of Caspe (Zaragoza).

14/09/2010

0.00

111.965,

P

ENAGAS, S.A.

New Pos. 20.D of the Castelnou-Tivissa Pipeline Mirror Pipeline in the TM of Castelnou (Teruel).

18/10/2010

0.00

315.743.40

P

ENAGAS, S.A.

18/10/2010

0.00

315.743.40

P

ENAGAS, S.A.

New Pos. 16.D of the Castelnou-Tivissa Pipeline Mirror Pipeline on the TM of Corbera d' Ebre (Tarragona).

20/10/2010

0.00

111.965,

ENAGAS, S.A.

New Pos. 17.D of the Pipeline Doubling of the Castelnou-Tivissa Pipeline in the TM de Caseres (Tarragona).

20/10/2010

0.00

111.965, 75

EM-AMPL

ENAGAS, S.A.

Extension of EM G-1600 to EM G-2500 in Pos 15.09.A. 2 in Villarreal of Infants (Castellon), BBV pipeline.

05/03/2010

47.160.56

118.365.77

EM-LA

line in Pos 15.09.A.
Villarreal of the Infants (Castellon), BBV pipeline.

05/03/2010

47.160.56

80,546,86

ERM

ENAGAS, S.A.

ERM G-250 in Pos. 34 of the Barcelona-Bilbao-Valencia Pipeline at the T.m. of Cenicero (La Rioja).

20/05/2010

27,973.75

79.579.80

EM-LA

ENAGAS, S.A.

Increment of measurement with 3rd line G-10,000 in EM-SSM G-6500 Position 15.11 (Sagunto)

24/08/2010

31.859.50

135.796.53

EC

ENAGAS, S.A.

Montesa Compression Station

29/01/2010

1,974,718.90

8.034.175, 29

G

ENDESA GAS CARRIER, S. L.

CC.MM Pipeline TRANCHE XII-P05.01 ALIAGA

18/06/2010

287.44

4,347.48

ENDESA GAS CARRIER, S. L.

Costa del Noroeste de Cádiz (Phase I) pipeline inside the El Puerto de Santa Maria-Rota pipeline.

23/06/2010

33.812.52

511.40,77

G

ENDESA GAS CARRIER, S. L.

Azaila-Albalate Pipeline of the Archbispo-Arino (Tramo II)

30/07/2010

25,831.06

468.821.30

G

ENDESA GAS CARRIER, S. L.

Ibiza island pipeline Cala Gració-Ibiza-Central Termica.

30/09/2010

20.377.29

530.266.63

G

ENDESA GAS CARRIER, S. L.

Gallur-Tauste-Ejea Pipeline of the Knights in the province of Zaragoza.

29/10/2010

35.391.41

1.381.455.67

P

ENDESA GAS CARRIER, S. L.

derivation position P05.01 on the Aliaga t.m. on the CC.MM pipeline TRANCHE XII-P05.01 ALIAGA

18/06/2010

0 00

7.180 29

P

ENDESA GAS CARRIER, S. L.

PURO-01 Derivative Position at the T.m. of The Port of Santa Maria (Cadiz) on the Northwest Cadiz Coast Pipeline (Phase I) within the The Port of Santa Maria-Rota pipeline.

23/06/2010

0.00

25,851.77

P

ENDESA GAS CARRIER, S. L.

PURO-02 Derivative Position at the T.m. of Rota (Cadiz) on the Coast of the Northwest Cadiz Pipeline (Phase I) within the El Puerto de Santa Maria-Rota pipeline.

23/06/2010

0.00

25,851.77

P

ENDESA GAS CARRIER, S. L.

AZARI-04 position in the Arino (Teruel) t.m. Azaila-Albalate Pipeline of the Archbispo-Arino (Tramo II)

30/07/2010

0.00

19.627.94

P

ENDESA GAS CARRIER, S. L.

CALIBI-01 position at the Sant Antoni (Balearic Islands) on the Pipeline insular Cala Gració-Ibiza-Central Termica.

30/09/2010

0.00

89.275.49

P

ENDESA GAS CARRIER, S. L.

CALIBI-02 position at the Sant Antoni t.m. (Balearic Islands) of the Lbiza Cala Gració-Ibiza-Central Thermal Pipeline.

30/09/2010

0.00

31.657, 98

P

ENDESA GAS CARRIER, S. L.

CALIBI-03 position in the t.m. de Sant Antoni (Balearic Islands) of the Ibiza Cala Gració-Ibiza-Central Thermal Pipeline.

30/09/2010

0.00

20.827, 62

P

ENDESA GAS CARRIER, S. L.

CALIBI-04 position at the Sant Antoni t.m. (Balearic Islands) of the Lbiza Cala Gració-Ibiza-Central Termica Island Pipeline

30/09/2010

0.00

20.827.62

P

ENDESA GAS CARRIER, S. L.

Position CALIBI-05 in the t.m. of Eivissa (Balearic Islands) of the Ibiza Cala Gració-Ibiza-Central Thermal Pipeline.

30/09/2010

0.00

89,275, 49

ERM

ENDESA GAS CARRIER, S. L.

ERM type G-650 in position P05.01 in the AAliaga t.m. in the pipeline CC.MM TRANCHE XII-P05.01 ALIAGA

18/06/2010

20.769.28

76,695 03

ENDESA GAS CARRIER, S. L.

ERM type G-250 at position PURO-01 at the T.m. of the Port of Santa Maria (Cádiz) of the Northwest Cadiz Coast Pipeline (Phase I) within the The Port of Santa Maria-Rota.

23/06/2010

18.222, 90

67,013 70

ENDESA GAS CARRIER, S. L.

ERM type G-250 at the PURO-02 position in the T.m. de Rota (Cadiz) of the Costa del Noroeste de Cádiz (Phase I) pipeline within the El Puerto de Santa Maria-Rota pipeline.

23/06/2010

18.222.90

67.013, 70

ERM

ENDESA GAS CARRIER, S. L.

ERM TYPE G-250 in psotion AZARRI-04 at the T.m. of Arino in the Azaila-Albalate pipeline of the Archbispo-Arino (Tramo II)

30/07/2010

15.185.75

67.013, 70

ENDESA GAS CARRIER, S. L.

ERM TYPE G-160 in position CALIBI-02 at the t.m. of Sant Antoni (Balearic Islands) on the island pipeline Ibiza Cala Gració-Ibiza-Central Thermal.

30/09/2010

11,490.50

76.592.96

ERM

ENDESA GAS CARRIER, S. L.

ERM in position CALIBI-05 in the t.m. of Eivissa (Balearic Islands) on the island pipeline Ibiza Cala Gració-Ibiza-Central Termica.

30/09/2010

11.490.50

76.592.96

ENDESA GAS CARRIER, S. L.

EM type G-4000 in CALIBI-05 position at the Eivissa t.m. (Islands Balearic Islands) on the Ibiza Cala Gració-Ibiza-Central Termica island pipeline.

30/09/2010

26.409.25

187.058,

ENDESA GAS CARRIER, S. L.

Derivation Position MAEJE-01 and Rascators Trap at the Magallon t.m. in the province of Zaragoza on the Gallur-Tauste-Ejea Pipeline of the Knights.

29/10/2010

0.00

117.583.87

P

ENDESA GAS CARRIER, S. L.

MAEJE-02 Derivative Position at the Gallur t.m. in the province of Zaragoza on the Gallur-Tauste-Ejea Pipeline of the Knights.

29/10/2010

0.00

41.696.41

P

ENDESA GAS CARRIER, S. L.

MAEJE-03 Derivation Position at the Tauste t.m. in the province of Zaragoza on the Gallur-Tauste-Ejea Pipeline of the Knights.

29/10/2010

0.00

41.696.41

P

ENDESA GAS CARRIER, S. L.

MAEJE-04 Derivation Position and Rascator Trap on the Knights of the Knights in the province of Zaragoza in the Gallur-Tauste-Ejea Gas Pipeline of the Knights.

29/10/2010

0.00

117.583, 87

P

NATURAL CASTILLA LA MANCHA

POSITION CR.ASJ-01 OF DERIVATIVES AT THE T.M. OF SAN JUAN ALCAZAR (ROYAL CITY) OF THE GTS ARGAMASILLA-TOMELLOSO GAS PIPELINE. Supply position to Manchasol I and II in Alcazar de San Juan.

21/10/2010

0.00

13.430.75

NATURAL GAS CASTILLA LA MANCHA

ERM type G-1000 in position CR.ASJ-01 at the San Alcazar t.m. Juan (Ciudad Real) of the GTS Argamasilla-Tomelloso gas pipeline pipeline. (ERM Manchasol)

21/10/2010

8.283.11

95.235.04

G

NATURAL GAS TRANSPORT SDG, S.L.

Larraga-Los Arcos Province of Navarra Pipeline

19/05/2010

61,812.73

801.36, 77

NATURAL GAS TRANSPORT SDG, S.L.

Position G-07.01.1 of sectioning in the Larraga (Navarra) Larraga (Navarra) Pipeline T.m.

19/05/2010

0.00

17.007, 75

P

NATURAL GAS TRANSPORT SDG, S.L.

Position G-07.01.1 A of sectioning in the Oteiza (Navarra) T.m. of the Larraga-Los Arcos Pipeline

19/05/2010

0.00

17.007.75

P

Position G-07.01.2 derivation the Allo (Navarra) t.m. of the Larraga-Los Arcos Pipeline

19/05/2010

0.00

17.007.75

P

NATURAL GAS TRANSPORT SDG, S.L.

Position G-07.01.3 of derivation in the Allo (Navarra) of the Pipeline Larraga-Los Arcos

19/05/2010

0.00

17.007.75

NATURAL GAS TRANSPORT SDG, S.L.

Bunt G-07.01.4 Position in the Arroniz (Navarra) T.m. of the Larraga-Los Arcos Pipeline

19/05/2010

0.00

17.007.75

P

NATURAL GAS TRANSPORT SDG, S.L.

Position G-07.01.5 of derivation in the t.m. of the Arcos (Navarra) of the Larraga-Los Arcs

19/05/2010

0.00

17.007.75

P

NATURAL GAS TRANSPORT SDG, S.L.

Position G-07.01.6 of derivation in the Sesha (Navarra) t.m. of the Larraga-Los Arcos Pipeline

19/05/2010

0.00

17.007.75

P

NATURAL GAS TRANSPORT SDG, S.L.

Position of Derivation at the Tarea t.m. (Lerida) of the Subirats-Manresa-Lleida pipeline

26/04/2010

0.00

29,729.54

P

GAS TRANSPORT SDG, S.L.

Derivative position at the T.m. of Cerdanyola del Valles (Barcelona) of the Anillo A-36 Barcelona pipeline

17/02/2010

0.00

29,729

ERM

NATURAL GAS TRANSPORT SDG, S.L.

ERM type G-160 in position G-07.01.2 at the Allo (Navarra) of the Larraga-Los Arcos Pipeline

18/06/2010

17.465.56

64,539, 41

ERM type G-65 in the G-07.01.3 position in the Allo (Navarra) of the Larraga-Los Arcos Pipeline

18/06/2010

14,523 22

57.625.32

ERM type G-65 G-07.01.4 at the Arroniz (Navarra) t.m. of the Larraga-Los Arcos Pipeline

18/06/2010

14.523.22

57.625 32

NATURAL GAS TRANSPORT SDG, S.L.

ERM type G-100 at position G-07.01.5 at t.m. The Arcos (Navarra) of the Larraga-Los Arcos Pipeline

18/06/2010

15.803.06

60.565 24

NATURAL gas TRANSPORT SDG, S.L.

ERM type G-160 in position G-07.01.6 in the SSesma (Navarra) t.m. of the Larraga-Los Arcos Pipeline

18/06/2010

17.465.56

64,539 41

ERM

NATURAL GAS TRANSPORT SDG, S.L.

ERM type G-650 at the Tfix (Lerida) t.m. of the Subirats-Manresa-Lleida pipeline

26/04/2010

27.692.37

76.695.03

NATURAL GAS TRANSPORT SDG, S.L.

ERM type in the T.m. of Cerdanyola del Valles (Barcelona) of the Anillo A-36 Barcelona pipeline

17/02/2010

34,615,47

76,695 03

G

NATURGAS TRANSPORT, S.A.U.

Replication of the Bergara-Irun pipeline, Villabona Irun stretch.

27/05/2010

237.753.21

2.651.535 38

G

NATURGAS ENERGY TRANSPORT, S.A.U.

Corvera-Tamon primary transport pipeline

16/12/2010

0,00

254,419,40

P

NATURGAS TRANSPORT, S.A.U.

Derivation position in the Hernani t.m. on the Pipeline Replication pipeline Bergara-Irun, Villaba-Irun stretch.

27/05/2010

0.00

111.965.75

P

NATURGAS TRANSPORT, S.A.U.

Derivation position at the Errenteria t.m. on the Bergara-Irun Pipeline Duplication pipeline, Villaba-Irun stretch.

27/05/2010

0.00

111.965.75

P

NATURGAS TRANSPORT, S.A.U.

Sectioning position in the Corvera t.m. of the Corvera-Tamon pipeline

16/12/2010

0.00

4040.21

P

NATURGAS TRANSPORT, S.A.U.

Sectioning and derivation position in the Corvera-Tamon pipeline Taming T.m.

16/12/2010

0.00

61,773

ERM

NATURGAS TRANSPORT, S.A.U.

ERM type G-1000 The Corvera-Tamon pipeline

16/12/2010

0.00

106.438.20

G

EXTREMADURA gas

Pipeline from N-08 Position (ENAGAS) to Montijo.

26/10/2010

6.986.24

316.992, 43

P

EXTREMADURA gas

POS-M0-01 sectioning position in the Badajoz t.m. of the pipeline from position N-08 to Montijo.

26/10/2010

0.00

17,007.69

P

EXTREMADURA gas

POS-M0-02 derivation position in the pipeline Lobon t.m. from N-08 to Montijo position.

26/10/2010

0.00

25,851.67

P

EXTREMADURA gas

POS-M0-04 bypass position in the pipeline Montijo t.m. from N-08 to Montijo position.

0.00

0.00

EXTREMADURA

ERM type G-250 in POS-M0-02 Derivation Position in the Lobon t.m. from the pipeline from position N-08 to Montijo.

26/10/2010

6.074.30

67.013.70

ERM

EXTREMADURA gas

G-250 type G-250 in POS-M0-04 Derivative Position in the Pipeline Montijo T.m. from position N-08 a Montijo.

26/10/2010

6,074, 30

67,013.70

G

REGIONAL GAS CARRIER

Segovia Pipeline-Herring Otero.

16/12/2010

0.00

808.397, 37

P

REGIONAL GAS CARRIER

SEGVI-00 position of derivation and trap of scrapers in the Palazuelos t.m. of Eresma province of Segovia of the Segovia-Otero pipeline of the Hermers.

16/12/2010

0.00

174.200,81

P

REGIONAL GAS CARRIER

SEGAVI-01 derivation position in Segovia of the Segovia-Otero pipeline of the Herreros.

16/12/2010

0.00

61.773, 12

REGIONAL GAS CARRIER

SEGAVI-02 Position of Referral to the Otero of the Herreros Province of Segovia of the Segovia Pipeline-Otero of the Hermers.

16/12/2010

0.00

61.773.07

ERM

REGIONAL GAS CARRIER

ERM type G-400 in position SEGAVI-02 at the Otero t.m. of the Province of Segovia, of the Segovia-Otero pipeline of the Herreros.

16/12/2010

0,00

84.655.57

TOTAL

3.062.080.01

27.421.404.09

ANNEX V

Investment and operation reference unit values and maintenance in transport facilities

First. Unit values of reference for investment in transport facilities

Primary and secondary transport pipelines

Linear work in primary transport pipeline

2011

€/ (m*inch)

24.58

24.58

Linear work in secondary transport pipeline

Secondary Transport Pipeline

Concurrent (S type) sectioning position in Primary transport pipeline (1)

Diameter (inch)

1.031.268

2011

6

73,652

8

137,766

10

201.334

12

265.175

329.016

16

392,857

18

456.698

20

520.539

22

584,381

24

648.222

26

712.063

28

775.904

30

839,746

32

903,587

40

1.158,951

42

1.222.792

44

1.286.633

48

1,414.316

52

1.541.998

Correction Coefficients

Derivative Position (Type D)

Position Rascators trap (1)

2.82

positions linear work (2)

1.15

Transport Element

(1) A position with launch and receive traps is considered to be formed by two scraper trap positions.

(2) A position is performed with concurrency when it is included in the initial project or when its inclusion by the distributor or carrier is requested at least one year before the date of putting into service the line.

Compression stations on primary transport pipelines

Start Year 2011

Installed less than or equal to 37,284 kW

Term (€/E.C.)

8.004.107

Variable (€/kW)

1.120.47

28.052.910

28.052.910

Table_table_izq"> Variable Term (€/kW)

582.73

Regulatory and Measure Stations (ERM) on a primary transport pipeline

100

Start

Type

2011

G

€/Unit

65

260.710

263,958

160

269,616

250

278,319

400

293.401

650

320.135

1,000

360.924

1,600

439,975

2,500

570.174

4,000

718.273

6,500

866.370

Coefficient Correctors

1.32

Station

ERM/EM (2)

Lines in

ERM/EM (3)

Elements

Secondary

(1) Applicable to EM equivalent to a size of G-1000 or higher

(2) An ERM/EM is later when a new derivation position (type D) is inserted, or a sectioning position (type S) in the derivation position (type D) is transformed.

(3) Applicable to new lines built on existing ERM/EM and set up after 5 years.

Maintenance Centers

2011

audited price in €

1.940,515

The recognized value of the investment for each maintenance center will be the audited value, up to the maximum of the indicated price.

Second. Formula for updating the investment reference unit values in transport facilities.

Unit values for year "n" will be updated annually by applying the following update index:

IAn = 1 + (IPRI team goods -X)

Where:

IAn: Update index for year "n".

IPRI equipment assets: annual variation by one, between October of the year n-1 and October of year n-2, of the index of Industrial Prices, corresponding to the classification by economic destination of the components of equipment.

"x": Coefficient whose value is 0.005.

Third. Unit values for the operation of transport facilities.

Primary transport pipelines

2011

€/mlpulp

0.4678

Corrective Coefficient

Pipeline

secondary

Compression stations on primary transport pipelines

2011

Term (€/E.C.)

150.592

Term

60.40

ERM in primary transport pipelines

Type

2011

G

€/ Unit

65

38,629

100

42,034

160

46.456

48.470

400

51,859

650

55,244

1,000

66,095

1,600

74,905

2,500

84,741

4,000

106,772

6,500

128.807

Coefficient correctors

Secondary Transport Element

Station

Fourth. Formula for updating the operation and maintenance cost reference unit (COM) values of transport facilities.

Unit values for year "n" will be updated annually based on the following update index:

IAn = 1 + (0.2 * (IPRIteam goods -X) + 0.8 * (IPCy))

Where:

IAn: Update index for year n.

CPI: annual variation by one, between October of year n-1 and October of year n-2, of the consumer price index.

IPRIequipment assets: annual variation by one, between October of the year n-1 and October of year n-2, of the index of Industrial Prices, corresponding to the classification by economic destination of the components of equipment.

"x" and "y": Coefficient whose values will be equal 0.005 and 0.01 respectively.

ANNEX VI

Interim unit operation and maintenance unit values for subways for 2011

COMF (euros/year)

CVI (euros/kWh

injected gas in

year n)

CVE (euros/kWh

of gas extracted in

year n)

1.796.678

0.000555

0.000101

Gaviota

8.387,944

0.000048

0.001225

The variable injection and extraction costs will apply only to the gas injected or physically removed.

ANNEX VII

Unit of investment and operating and maintenance values for the year 2011 of regasification plants

First. Reference unit values of the fixed operating and maintenance costs for the year 2011.

Storage Tanks (€): 1,610.907 + 13,233222 * V

(Where V = Tank capacity expressed in m3)

Regasification Installations (€/m3/h emission capacity): 4,94.

LNG tankers (€/ unit): 41,811.

Port and land civil work (€/plant): 1.222.999.

Second. Reference unit values of variable operating and maintenance costs for the year 2011.

Cost per regasified kWh (€/kWh): 0.000167.

Variable cost per kWh loaded in cisterns (€/kWh): 0.000201.

Cost per cold/put on cold (€/kWh): 0.000201.

Third. Investment reference unit values for new investments in regasification facilities authorised directly and with commissioning in the year 2011.

Storage Tanks (€/m3): 696.31.

Cisterns (€/unit): 3.120.939.

Civil and port work (€/plant). Value of the investment made up to the maximum of: 52,613,921.

Regasification Installations (€/m3/h emission capacity): 137.77.