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 change of more than 2%, as in the case of the current case with low variation exceeding 2%.

Also Order ITC/1890/2010, dated July 13, which was published in the BOE of July 15, regulates certain aspects related to third party access and regulated remuneration in the natural gas system. In his " Additional Disposition fifth. Coefficients of mermas in gas installations ", establishes these values, and in its" Final Disposition sixth. Entry into force ' indicates its entry into force on the day following its publication in the BOE, except for the coefficient of mermas for regasification, which shall enter into force on 1 August 2010.

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.

In its virtue, this Directorate General of Energy Policy and Mines dictates the prices that will be in effect from the zero hours of the day 1 October 2010, 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	3.90	4,694948
TUR.2	Consumption greater than 5,000 kWh/year and less than or equal to 50,000 kWh/year	7.84	4,130748

Second. The rate to be applied to consumers of manufactured gases by pipeline located in island territories is as follows:

T. 4

		Term
		(€/client) /month	Variable cent/kWh
T. 1	Consumption less than or equal to 5,000 kWh/year	3.90	4,694948
	T. 2	Consumption greater than 5,000 kWh/year and less than or equal to 50,000 kWh/year	7.84	4,130748
T. 3	Consumption greater than 50,000 kWh/year and less than or equal to 100,000 kWh/year	49.84	3.621911
Consumer greater than 100,000 kWh/year	149.44	3,367011

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

tm_ship = 95.177 m³ (*).

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

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

f_c = 0.36

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

f_conv= 6,833 kWh/m³ (*).

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

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

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

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

m_r = 0; 01% (**).

m_t = 0.2% (**).

m_d = 1% (**).

The parameters with asterisk (*) were updated in the resolution that came into effect for July 1, 2010. The parameters with double asterisk (**) are updated in this resolution, 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, as well as the different components that compose it, are as follows:

Cost of raw material

Core components (cent/kWh)
Base Gas			Winter
		Reference	Auction
n	n	Pbn	RBn	Bn	Pin	RIn
2,155638	0.116719	2,175000	2,225838	0.200066	2.444000	1,611858
	BR6n ($/Bbl)	BR60 ($/Bbl)	Tn ($/ €)	T0 ($/ €)	HH (cent/kWh)	NBP (cent/kWh)
77,5033	76.9317	1.283916	1,28154	1,187840	2.035875

Fifth. -For the calculation of the billing for the supply of natural gas by channeling measured by counter, during the period that includes the date of entry into force of this Resolution, the total consumption of the period will be divided The Commission shall, in accordance with Article 4 (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, September 23, 2010. -Director General of Energy Policy and Mines, Antonio Hernández García.