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Order Itc/3520/2009, Of 28 December, Which Settle The Tolls And Fees Associated With Third-Party Access To Installations Gas By The Year 2010 And Updates Certain Aspects Relating To The Remuneration Of The Activities...

Original Language Title: Orden ITC/3520/2009, de 28 de diciembre, por la que se establecen los peajes y cánones asociados al acceso de terceros a las instalaciones gasistas para el año 2010 y se actualizan determinados aspectos relativos a la retribución de las actividades...

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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 the rights to be affected, rent of counters and other necessary costs linked to the facilities shall be established.

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.

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.

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 affected person is set out in paragraph 3 and provides that this update will be included in the relevant natural gas tariff order. 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.

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 establishing the remuneration of certain regulated activities in the gas sector determines the formula for the calculation of the remuneration of the gas distribution activity (a) natural and non-natural transport facilities prior to 1 January 2008, while Order ITC/3994/2006 of 29 December 2006 and Order ITC/3995/2006 of 29 December 2006 approve the remuneration of regasification facilities and underground storage of the core network. In addition, both orders determine the values of fixed and variable operating costs, together 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 transport of natural gas for installations with a service as from 1 January 2008, substantially modifying the remuneration system for this activity, which had been approved in the Order ECO/30 1/2002 of 15 February 2002 laying down the remuneration of the regulated activities of the Gas sector for 2002, which determined the remuneration and method of calculation of the said annual remuneration for the liquidable activities: regasification, storage, transport and distribution.

Likewise, that Royal Decree 326/2008, of 29 February, determines the formula for the calculation of the remuneration of the transport facilities with the date of entry into service as from 1 January 2008. 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.

Moreover, the second provision of Royal Decree 326/2008, of 29 February, provides that the National Energy Commission shall report to the Ministry of Industry, Tourism and Trade on the remuneration of the certain regulated activities for the following year. In compliance with the above, the National Energy Commission evacuated that report dated 3 December 2009, which has been taken into account in the preparation of this order.

This order has been the subject of reports 34/2009 and 35/2009 of the National Energy Commission, approved by its Board of Directors dated December 17, 2009, for which the preparation has been taken into account allegations made in the proceedings of the hearing carried out through the Hydrocarbons Advisory Board.

By agreement of 23 December 2009, 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 third-party access to the gas installations in force from 1 January 2010 and the establishment of the remuneration for the year 2010 of the undertakings concerned. 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 fee for counters and telemedide equipment is established for 2010, together with the rights of the supply of supplies with a supply pressure of less than or equal to 4 bar in the terms that 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 2010 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, of the hydrocarbon sector, and in Article 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. They have also been calculated in accordance with the provisions of Article 26 of the royal decree cited.

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 corresponding to the year 2010 will be 11,206,248 €. The National Energy Commission will include in the liquidation 14 of the year 2010 the difference, positive or negative, 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 2010.

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 step shall be the result of multiplying the daily flow rate contracted for 330 days.

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 equal to or greater than 200,000 kWh/year and equal to or less than 30,000,000 kWh/year, the tolls 2.bis 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.

Article 9. Telemedida.

1. All consumers with a consumption of more than 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 receiving tolls 1.1, 1.2, 1.3, 2.5, 2.6, and which do not comply with the obligation to have the aforementioned telematic equipment installed, or when they are off-duty for a period of more than one month, they shall be invoiced by toll 2.4.

6. In the case of consumers covered by tolls 2.3 and 2.4, who do not fulfil the obligation to have the abovementioned 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 2.2 and the fixed term of its respective toll.

7. In the case of consumers eligible for toll 2.3 who do not comply with the obligation to have the abovementioned telematic equipment installed, or when they are off-duty for a period of more than one month, the fee shall be charged on 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 subject to the provisions laid down in this Article.

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), and the fixed term of the driving toll (Tfi) applicable to access capabilities contracted in terms of less than one year, calculate 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. "A" Type Disruption 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:

As of 1 October 2010 and until 1 October 2011, the tolls applicable in this mode of access to the transport and distribution facilities are as set out in Annex I, paragraph 9 of this Regulation. the present 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. International transit toll.

1. This toll shall be applicable for access to natural gas transmission networks for an international connection and originating in another international connection, or at a regasification plant. The access contract shall expressly indicate the entry point, the exit point and the contracted flow rate. In the use of this toll, users will have to schedule daily flows of entry and exit within the margin allowed by the operational storage established by Royal Decree 949/2001, of August 3 for the toll of transport and distribution. The applicable transport and distribution tolls shall be calculated as set out in the eighth paragraph of Annex I, taking into account step 1.3.

2. In the case of contracts with a duration of less than one year, the provisions of Article 10 of this order shall apply.

3. The transport operations from storage for commercial operation of the transport network "AOC" to any international connection shall bear the corresponding term of driving of the toll of transport and distribution of the step 1.3. In the case of transport operations from an international connection to the "AOC", the term reserve capacity of the transport and distribution toll shall be established. These operations will not be considered as international transit operations, will require the prior viability of the System Technical Manager, and will be programmed and nominated by the users according to the requirements of the Management Standards. System Technique.

The holder of the international connection will be responsible for hiring and billing the term of reservation of capacity of the toll of transport and distribution, in case of entry of gas in the Spanish system and the term of driving in case of exit.

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.

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. Specific remuneration for distribution facilities.

1. The distribution companies may 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.

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 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 agreement shall include, on an individual basis, the population centres to be gasified and, where appropriate, the contributions of the autonomous community (by breaking down the contributions for the installation of the connection 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.

b) That 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 installation.

c) 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 G.N.L. satellite plants, factors such as the cost of replacing the satellite plant with a connection to the gas pipeline network, improved security of supply, safety and aspects should be considered. environmental.

d) That the construction of the facilities be initiated 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.

e) Projects concerning 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 remuneration for distribution must be made before 30 April each year, accompanied by the request for the following documentation:

a) The technical description of the installation.

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

(c) Intended consumption and demand points for each level of pressure over a 30-year horizon, justifying cases where strong population growth at the core is expected in relation to the population censured in the

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

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

f) Contributions from public funds.

g) Quantification of the requested remuneration.

h) 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 amount available in each year is exhausted 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 annual average of the 10-year State Bonds or interest rate that replaces it, plus 150 basis points.

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) 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.

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

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

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

6. For the year 2010, annual specific remuneration for the sector as a whole shall in no case exceed the following amount:

a) Rdn = 23,000,000 € -RTS.

b) RDn: Specific remuneration for the maximum allocation allocated for the year 2010.

(c) 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 previous years.

7. Of the total quantity referred to in paragraph 6, a maximum of € 5,000,000 shall be reserved for the connection facilities of the distribution networks with the network of pipelines of population centres located in the territorial area of the 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.

Additional provision third.

Extension of the deadline to start construction of the facilities corresponding to the projects that have been assigned specific remuneration in the call for projects initiated in the years 2008-2009.

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 2010. in the years 2008-2009, in accordance with Article 20 of Order ITC/3993/2006 of 29 December 2006 establishing the remuneration of certain regulated activities of the gas sector, in the wording given to this provision by Paragraph 2 of the second paragraph of ITC/3863/2007, of 28 December 2007, for which the establish the tolls and charges associated with third-party access to gas installations for the year 2008 and update certain aspects relating to the distribution of regulated activities in the gas sector.

Additional provision fourth. 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. The gas intended for the minimum filling level shall be paid as an investment necessary for the transport activity. 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.

Additional provision fifth. 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 2010, EUR 57,000,000. This amount will be distributed by the Ministry of Industry, Tourism and Trade with objective character according to the aforementioned plan and will be liquidated prior 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 the National Energy Commission shall designate for that purpose.

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 sixth. Application for final remuneration.

The holders of transport, regasification and storage of natural gas must apply for the definitive inclusion in the remuneration scheme of the same before 1 June of the second year following that of the minutes. of start-up. To this end, they shall, together with the application, submit a corresponding audit of the investments made. If not, the remuneration for the account or provisional payment which they received shall be reduced by 50% from 1 January of the following year.

Additional provision seventh. 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.

Additional disposition octave. Information advertising.

1. In the framework of its reporting and oversight functions related to transparency in the operation of the natural gas supply system, the National Energy Commission will manage a system of comparison of supply prices. of natural gas on the basis of the offers which, for groups or groups of consumers, make the marketing undertakings. Such a system will be accessible to consumers via the Internet.

2. In order to articulate the operation of the price comparison system, the marketing companies will have to submit to the National Energy Commission the information on the abovementioned offers and the modifications to them, according to the with the standard model to be approved by the National Energy Commission, and which must be available on its website. The referral of the information to the National Energy Commission shall be made at least 10 days in advance of the date of effectiveness or publication of the corresponding offer; the National Energy Commission shall ensure the confidentiality of the that information up to its public dissemination. The National Energy Commission may, by means of Circular, amend or specify the regulation contained in this provision.

Additional provision ninth. Remuneration of regulated activities for the year 2010.

In Annex IV to this order, the total amount and the breakdown of the remuneration for the year 2010 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 put into service in the years 2008 and 2009.

Additional provision 10th. Unit values of investment and operation and maintenance.

1. In Annex V, the unit values for investment and unit values for operation and maintenance for transport installations for the years 2008, 2009 and 2010 are laid down.

2. In Annex VI, provisional unit values for operation and maintenance of underground storage for 2010 are established.

3. In addition, in Annex VII, the investment unit values for the year 2009 and the operation and maintenance of the year 2010 for regasification plants are established.

Additional provision eleventh. Mandates to the National Energy Commission.

Before 1 December of each year, the National Energy Commission will send to the Ministry of Industry, Tourism and Trade a billing forecast for the following year for the purposes of its consideration in the preparation of the Last resort fees and access tolls.

First transient disposition. Price applicable to consumers with annual consumption exceeding 50,000 kWh.

1. In compliance with the provisions of the single transitional provision of Order ITC/1660/2009 of 22 June laying down the methodology for the calculation of the tariff for the last resort of natural gas, until 31 March 2010, consumers who, by 1 July 2009, had annual consumption of more than 50,000 kWh and less than 3 GWh and would not have signed a new supply contract, the following prices would apply:

greater than 100,000 kWh/year

consumption level

Fixed term

Tfi

€/client/month

Variable term

Tvi

Cent ./kWh

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

50.87

4,103238

75.84

3.801337

2. From 1 April 2010 to consumers who are in this situation, the provisions of the additional provision shall apply to them.

3. Since the entry into force of this order and as long as these prices are applicable, the traders of last resort must inform these consumers, in the same mail of the invoices issued, of the need to hire free before March 31. In such communication, they shall at least inform the consumer of the following:

(a) Description of the applicable tariffs until 31 March 2010.

(b) Situation as from 31 March 2010 in the event of failure to formalize a contract with a supply, in accordance with the additional provision first, clearly indicating that from 30 April onwards the the supply suspension procedure laid down in the legislation in force.

c) A trading relationship published on the National Energy Commission's website for this purpose. This element is particularly important from a competition perspective, in order to facilitate the exercise of the right of choice of supplier by all consumers.

This communication cannot be included in the back of the sheet that contains the invoice. In the case of customers who have opted for electronic invoicing, this communication must be made by post.

Second transient disposition. Temporary toll for former users of the rate for raw material (PA).

On an extraordinary basis and until 1 January 2011, 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: 0.2413 cent/kWh/day/month.

Variable term: 0.0038 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.

On 1 July 2010, the amount of tolls and charges set out in this order shall be reviewed in the event of significant deviations in the balance between costs and revenues of the gas system. for the year 2010.

Final disposition second. Amendment of Order ITC/3802/2008 of 26 December.

Order ITC/3802/2008 of 26 December establishing the tolls and charges associated with third party access to gas installations, the rate of last resort, and certain aspects relating to the regulated activities of the gas sector, as follows:

One. Paragraph 2 (d) of the second provision is worded as follows:

" (d) The construction of the facility shall be initiated before the end of the year following that of the call. In addition, the construction of the facilities must be completed before the end of 18 months from the date on which the resolution for the allocation of the specific remuneration is issued. '

Two. The additional provision of the 10th amendment is amended as follows:

" Additional Disposition 10th. Request for definitive retribution.

Those installations whose start date is prior to 1 December 2007, which have not applied for inclusion in the remuneration scheme definitively together with their corresponding audit before 1 January 2007. June 2009 will see its provisional remuneration reduced by fifty percent from 1 January 2010. "

Final disposition third. Amendment of Order ITC/3994/2006 of 29 December 2006.

Additional provision is amended second to Order ITC/3994/2006 of 29 December 2006 laying down the remuneration of regasification activities, which is read as follows:

" Additional Disposition Second. Updating unit values.

The Ministry of Industry, Tourism and Trade shall approve before 1 January each year the values to be taken as a reference for the updating of the unit values laid down in Annexes II, III and IV of the present order ".

Final disposition fourth. Amendment of Order ITC/3995/2006 of 29 December 2006.

The last paragraph of the second additional provision is amended to Order ITC/3995/2006 of 29 December 2006 establishing the remuneration of regasification activities, which is read as follows:

"The Ministry of Industry, Tourism and Trade may update the values of Annex V of this order provided that they are justified."

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 2010, with the exception of the underground storage fee and the interruptible tolls included in the sixth and ninth paragraphs of Annex I, which shall be application from 1 April and 1 October 2010 respectively.

Madrid, December 28, 2009.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON.

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, governing the access of third parties Gas installations and an integrated economic system of the natural gas sector will be the following:

Tfr: Fixed term for regasification toll: 1,6099 cent/ (kWh/day) /month.

Tvr: Regasification toll variable term: 0.0096 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: € 27,893 /ship.

Tvd: LNG download toll variable term: 0.0056 cent/kWh.

Bilbao and Barcelona plants:

Tfd: Fixed term for LNG discharge toll: € 13,946 /ship.

Tvd: LNG discharge toll variable term: 0.0029 cent/kWh.

Mugardos Plant:

Tfd: Fixed term for the LNG download toll: 0 €/ship.

Tvd: LNG download toll variable term: 0 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: 2,3647 cent/kWh/day/month.

Tvc: Variable end of LNG load toll in tanks: 0.0139 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.

The mermas to be produced will be on behalf of the service contractor, as will the delivery of the gas required 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 shall be composed of two terms: a capacity reserve term, and a driving term, the latter being differentiated according to the design pressure, to which the consumer facilities.

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: Fixed capacity reserve term. Trc: 0,8905 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:

0.1267

3.2

Fixed Term

Tfij

cent/kwh/day/month

Variable term

Tvij

cent/kwh

Peage 1 (P> 60 bar)

1.1

2.8372

0.0695

1.2

2.5347

0.0560

1.3

2,3526

0.0505

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

Fixed Term

Tfij

cent/kwh/day/month

Variable Term

Tvij

cent/kWh

2.1

20,7742

0.1588

2.2

5.6385

2.3

3.6918

0.1025

2.4

3.3831

0.0920

2.5

3,1102

0.0807

2.6

2,8609

0,0700

Peage 3 (P < = 4 bar)

Fixed Term

Tfij

€/month

Variable Term

Tvij

cent/kWh

3.1

2.07

2,3653

4.75

3.3

44.53

1,2842

3.4

66.48

1.0293

Fixed Term

Tfij

cent/kwh/day/month

Variable term

Tvij

cent/kWh

3.5

4,8647

0.1260

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

2.1 bis

22.78

0.1739

2.2 bis

9.51

0.2137

2.3 bis

6.88

0.1914

Consumers as of 31 December 2009 will be applied to the term of driving 2.4 bis, 2.5 bis or 2.6 bis will automatically be applied to the term 3.5.

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. International transit toll.

The tolls applicable to international transits shall be calculated by applying to the ordinary transport and distribution tolls the coefficients indicated in the following table, depending on the entry points and the output.

PORTUGAL-BADAJOZ

EXIT POINT

PORTUGAL-BADAJOZ

PORTUGAL-GALICIA

LARRAU

IRUN

CARTAGENA

CARTAGENA

1,000

1,000

1,000

1,000

1,000

0.650

SMELL

0.650

1,000

1,000

1,000

0,650

sagunto

1,000

1,000

0,650

1,000

0.650

BILBAO

BILBAO

BILBAO

1,000

1,000

0.650

0.650

BARCELONA

1,000

1,000

1,000

1,000

1,000

1,000

0.650

0.650

0.650

1,000

1,000

RATE

1,000

1,000

1,000

1,000

1,000

1,000

1,000

0.650

PORTUGAL-GALICIA

1,000

1,000

1,000

1,000

1,000

1,000

1,000

1,000

1,000

IRUN

1,000

1,000

1,000

0.650

1,000

1,000

1,000

Centro_table_body"> 1,000

0.650

Ninth. 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 supply and volume pressure of the annual consumption by 0,7 in the case of "A" type interruptibility and by 0,5 in the case of "B" type interruptibility.

10th. 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:

Daily Peage

Monthly Peage

January

0.10

2.00

February

0.10

March

0.10

2.00

April

0.03

May

0.03

June

0.03

July

0.03

August

0.03

0.50

September

0.03

October

0.10

2.00

November

0.10

2.00

December

0.10

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

ANNEX II

Meter and telemedida rental rate for 2010

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

0.63 €/month

To 6 m3/hour

1,15 €/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 (m3/hour) of the counter €

To 10

194.07

To 25

357.19

Up To 40

692.74

Up To 65

1,415.15

To 100

1,915.82

To 160

3.005.01

To 250

6.359.65

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: 75,94 €/month.

Additional line equipment: 14.56 €/month.

ANNEX III

Connection rights for supplies connected to networks with supply pressure of less than or equal to 4 bar for the year 2010

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

Amount (Euro) = 96.92 * (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

97.80

2

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

97.80

2

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

224.79

3

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

449.60

4/5

Greater 100,000

449.60

ANNEX IV

Remuneration of regulated activities for the year 2010

1. Remuneration for companies carrying out distribution activities.

ENDESA GAS Distribution, S.A.

Tolosa Gas, S. A

Update 2010

Review 2008-2009

TOTAL 2010

Naturgas Energia Distribution, S.A.

159.866.221

-4,184,658

155.681.563

Gas Direct, S.A.

1.523,524

-243.335

1.280.189

Gas Distributor, S.A.

8.061,460

395,697

8.457.157

7.883.006

-1.258.188

6.624.818

Distribution and Marketing of Gas Extremadura, S.A.

10.028.432

-720,697

9.307,735

Gas Aragon, S.A.

33.092.741

-2.439.677

30.653.064

Gesa Gas, S.A.U.

17.054,964

-18.250.574

-1.195.610

1.353.124

857

1.353,981

Natural Gas Distribution SDG, S .A.

792.217.868

-55.384,509

736.833.359

Natural Gas Andalucía, S.A.

76.693.089

-4.844.307

71.848,782

Natural Gas Cantabria, S.A.

23.185.204

-283.059

22.902.145

Natural Gas Castilla-La Mancha, S.A.

34.240.741

-2.067.448

32.173.293

Natural Gas Castilla y Leon, S.A.

70.148.014

-2.868.410

67.279,604

CEGAS, S.A.

113.293.374

-19.139.743

94.153.631

Gas Galicia SDG, S.A.

31.411.094

-608.096

30.802.998

Natural Gas Murcia SDG, S.A.

16.893.063

-1.715.225

15.177,838

Gas Navarra, S.A.

25,494,680

-1.173.706

24.320.974

Gas Natural Rioja, S.A.

13.170.427

-467.783

12.702.644

Regional Canaria, S.A.

185.274

-74,592

110,682

Iberdrola Distribution of Gas, S.A.

69,356

8.703

78,059

Sure-european

1.508.538

649.240

2.157,778

1.437.374.194

-114.669.510

1.322.704.684

The figure of Endesa Gas Distribution, S.A. includes the remuneration of Gas Alicante, S.L.

The number of Naturgas Energia Distribution, S.A. includes the remuneration of Gas Merida, S.A.

The figure of Gas Galicia SDG, S.A. includes the remuneration of Gas La Coruña. S.A.

2. Remuneration in respect of depreciation, financial remuneration and fixed operating expenses of the undertakings holding transport assets.

Carrier Sureocia de Gas, S.A.

CEGAS

1.225.696

ENAGAS, S.A.

662.473.697

ENDESA GAS Carrier, S.L.

9.348.680

Gas Aragon, S.A.

3.803.218

Gas Extremadura Carrier, S.L.

3.180.991

Gas Natural Andalucía SDG, S.A.

6.175.852

Gas Natural Castilla-La Mancha, S.L.

1.709.344

Natural Gas Transportation SDG, S.L.

24.011.062

Iberdrola Infraestructuras Gasistas, S.A.

48.210

, S.A.

756,714

Naturgas Distribution

3.117.889

Naturgas Transport, S.A.U.

16.689.436

Sagunto Regasification Plant,

541.530

Northwest Regasicator, S.A.

8.365.540

4.240.136

5.270.799

5.270.799

5.270.799

560.835

2.507.099

2.507.099

TOTAL

754.026,728

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 undertakings holding regasification facilities.

Repay 2010 (€)

ENAGAS, S.A.

218.868.491

Bizkaia Gas, S.L.

51,417.044

69,040.673

Northwest Regasicator, S.A.

49.232.003

Total

388.558.211

4. Definitive remuneration for the depreciation and financial remuneration of the assets affected by the underground storage activity for the year 2010.

Retrinution by investment

ENAGAS, S.A.

12.406.327

REPSOL OIL RESEARCH

9,497,993

MURPHY OIL SPAIN

2.084.925

TOTAL

23.989.245

5. Remuneration for transport facilities put into service in 2008 and 2009.

Put into service in 2008

ERM RM G-400

ERM RM G-400 Albolote-Pinos secondary transport pipeline

TOTAL

Element

Retribution to has new parameters

on March

Remuneration 2008 (€)

Remuneration 2009 (€)

Pay 2010 (€)

ENAGAS, S.A.

BBV Pipeline Unfolding. Arbos-Planta section of Barcelona. Leg II-b-2

28/11/2008

7.977.54

703.185.27

705.089, 90

ENAGAS, S.A.

Ramal to Aceca. Province of Toledo

16/12/2008

0.00

46.705.75

46.849, 80

ENAGAS, S.A.

Ramal to Aceca. Province of Madrid

26/12/2008

0.00

230.286.62

230.996, 87

ENAGAS, S.A.

Montesa-Denia Pipeline. Leg I

29/12/2008

0.00

3.532.414.52

3.540.889.59

GAS NATURAL ANDALUCÍA, S.A.

Ramal APB Huelva-Ayamonte, province of Huelva, from position A-9.1 (22M FROM 6 ")

06/11/2008

5.04

697.23

699.79

NATURAL ANDALUCIA, S.A.

Ramal APB Huelva-Ayamonte, province of Huelva, from position A-9.1 (26.603M DE 10 ")

06/11/2008

5.284.42

696.241.53

698.745.33

GAS NATURAL ANDALUCÍA, S.A.

Ramal APB Huelva-Ayamonte, province of Huelva, from position A-9.1 (34.297M OF 8 ")

06/11/2008

5.450.20

783.124.50

786.057.43

GAS NATURAL ANDALUCÍA, S.A.

Ramal APB Huelva-Ayamonte, province from Huelva, from position A-9.1 (1.036 M OF 4 ")

06/11/2008

82.32

14.274.05

14.331.53

GAS NATURAL ANDALUCÍA, S.A.

ERM G-650 of the Huelva-Ayamonte gas pipeline, in the municipality of Huelva, in the province of Huelva

06/11/2008

91.709.25

91.709.25

91.709.25

NATURAL ANDALUCÍA, S.A.

ERM G-100 of the Huelva-Ayamonte gas pipeline, in the municipality of Huelva, in the province of Huelva

06/11/2008

2.609, 21

61,069.46

60.645, 13

GAS NATURAL ANDALUCÍA, S.A.

ERM G-100 of the Huelva-Ayamonte pipeline, in the municipality of Gibraleon, in the province of Huelva

06/11/2008

2.609.21

61,069.46

60.645, 13

NATURAL GAS ANDALUCÍA, S.A.

ERM G-160 of the Huelva-Ayamonte gas pipeline, in the municipality of Cartaya, in the province of Huelva

06/11/2008

2.883, 76

65.063.57

64.592.59

GAS NATURAL ANDALUCÍA, S.A.

ERM G-400 of the Huelva-Ayamonte gas pipeline, in the municipality of Lepe, in the province from Huelva

06/11/2008

3.219.17

71.798.91

71.272, 89

NATURAL ANDALUCÍA, S.A.

ERM G-400 of the Huelva-Ayamonte pipeline, in the municipality of Lepe, in the Huelva Province

06/11/2008

3.219.17

71.798.91

71.272.89

GAS NATURAL ANDALUCÍA, S.A.

ERM G-400 of the Huelva-Ayamonte gas pipeline, in the municipality of Ayamonte, in the province of Huelva

06/11/2008

3.219.17

71.798.91

71.272.89

GAS NATURAL ANDALUCÍA, S.A.

ERM G-100 of the Huelva-Ayamonte gas pipeline, in the municipality of Ayamonte, in the province of Huelva

06/11/2008

2.609.21

61,069.46

60.645.13

27/11/2008

2,414.38

57,397,10

57,005.26

CARRIER CARRIER

EM G-250 of the Albolote Pinos Secondary Transport Pipeline Bridge

27/11/2008

3.008, 78

67.556.24

67,064.70

NATURAL GAS TRANSPORT

ERM La Maso -Vallmoll

04/12/2008

0.00

71.798.91

71,272.89

ENAGAS, S.A.

ERM G-400 in position 25.A of the Barcelona-Bilbao-Valencia pipeline in Barboles (Zaragoza)

06/11/2008

4.235, 75

85.284.37

84.585.34

ENAGAS, S.A.

EM G-4000 in Position 41 of the Barcelona-Bilbao-Valencia Pipeline in Vergara (Guipúzcoa)

24/11/2008

6.540.63

172.754.36

171.705.51

ENAGAS, S.A.

ERM G-160 in position L-02.2 of the Cordoba-Jaen-Granada pipeline in Mengibar (Jaen)

26/11/2008

3.794.42

77.166, 89

76.540.84

ENAGAS, S.A.

ERM G-650 in position A-01 of the Serrable-Zaragoza pipeline in Sabinanigo (Huesca)

04/12/2008

0.00

91.709.25

90.964.50

ENAGAS, S.A.

EM G-250 in position 24.X of the Barcelona-Bilbao-Valencia gas pipeline in Zaragoza

04/12/2008

0.00

63,600,28

63.112.91

ENAGAS, S.A.

ERM G-650 in position L-02.4 of the Cordoba-Jaen-Granada Pipeline in Mengibar (Jaen)

05/12/2008

0.00

91.709.25

90.964.50

ENAGAS, S.A.

ERM G-650 in position B-18.02 of the Haro-Burgos-Madrid pipeline (Tramo Algete-Manoteras) in Madrid

10/12/2008

0.00

91.709, 25

90.964.50

ENAGAS, S.A.

Extending ERM G-250 to ERM G-400 and installation of a third line at position 40 in Mondragon (Guipúzcoa), Barcelona-Bilbao-Valencia Pipeline

10/11/2008

4.235.75

62.340.92

61,624, 67

ENAGAS, S.A.

Replacing ERM G-400 by ERM G-650 in position 15.12 in Puzol (Valencia), pipeline Barcelona-Bilbao-Valencia

12/11/2008

4,512.17

91.709.25

90.964.50

ENAGAS, S.A.

Extension of ERM G-250 to ERM G-400 and installation of a third line at position F-26.X.A in Mocejon (Toledo), Pipeline Huelva Sevilla-Madrid

24/11/2008

4.235.75

62,340.92

61,624.67

ENAGAS, S.A.

Extending ERM G-1000 to ERM G-1600 and installing a third line in the position F-26.A in Alameda de la Sagra (Toledo), Gas Pipeline Huelva-Sevilla-Madrid

24/11/2008

6.118.08

90.613, 47

89.579.08

ENAGAS, S.A.

Third line in EM G-1600 in the position F-26 at Aranjuez (Madrid), Gas Pipeline Huelva-Sevilla-Madrid

05/12/2008

0.00

69,660.43

68.885.91

ENAGAS, S.A.

EM G-4000 in Position F-26.X of the Ramal pipeline to Aceca in Villaseca de la Sagra (Toledo)

16/12/2008

0.00

150.352.33

149.286.66

ENAGAS, S.A.

EM G-100 in position 15.16.A of the Valencia-Alicante pipeline in Lombbay (Valencia)

18/11/2008

2.574.88

57.357.11

56,936, 18

ENAGAS, S.A.

Extension of ERM G-250 to ERM G-400 and installation of a third line in the F-21 position in Ciudad Real, pipeline Huelva-Sevilla Madrid

18/12/2008

0,00

62,340.92

61,624.67

ENAGAS, S.A.

ERM G-400 in position 21 of the Barcelona-Bilbao-Valencia gas pipeline in Azaila (Teruel)

28/11/2008

4.235.75

85.284.37

84.585, 34

89.586.89

8.164.993.00

8.164.264.05

Commissioned in 2009

ENDESA GAS CARRIER, S.L.

Element

Retribution to Account

: YEAR n-1

Remuneration 2009 (€)

Retribution

2010 (€)

ENAGAS, S.A.

Navarre Compression Station in Lumbier (Navarra) Turbocompressor 1.

18/03/2009

958.145.85

4.960.215, 10

ENAGAS, S.A.

Haro Compression Station (La Rioja).

30/03/2009

1.130.037,75

5.730.109, 28

ENAGAS, S.A.

Navarre Compression Station in Lumbier (Navarra) Turbocompressor 2.

26/05/2009

745.224.55

4.960.215.10

ENAGAS, S.A.

Lemona-Haro Pipeline. Section I. Province of La Rioja. (26 ")

31/03/2009

57.426.09

488.906.98

ENAGAS, S.A.

Lemona-Haro Pipeline. Tranche I. Province of La Alava (26 ").

31/03/2009

440,917.72

3.753.829.19

ENAGAS, S.A.

Lemona-Haro Pipeline. Tranche I. Province Alava (20 ").

31/03/2009

5.458.57

49.938.75

ENAGAS, S.A.

Lemona-Haro Pipeline. Tranche I. Burgos Province.

31/03/2009

75.307.10

641.140.01

ENAGAS, S.A.

Barcelona-Bilbao-Valencia Pipeline. Ramal to Castellon.

29/04/2009

77.167.49

870.442.84

ENAGAS, S.A.

Lemona-Haro Pipeline. Section II-a.Province of Alava (Tramo Position 43.X.02-Frontera Vizcaya).

29/05/2009

23.020,62

251.987, 15

ENAGAS, S.A.

Almería-Lorca Pipeline. Almeria Province.

26/06/2009

1.221.406.75

17.844.406.47

ENAGAS, S.A.

Almería-Lorca Pipeline. Province of Murcia.

29/06/2009

35.291.83

515.603.62

ENAGAS, S.A.

Connection pipeline to Lorca. Province of Murcia.

29/06/2009

190.202.60

2.610.156.76

ENAGAS, S.A.

Lorca-Chinchilla Pipeline. North leg. Province of Murcia.

29/06/2009

211.701.70

3.092.901.83

ENAGAS, S.A.

Lorca-Chinchilla Pipeline. North leg. Albacete Province.

30/06/2009

700.761.11

10.237.921.17

ENAGAS, S.A.

Lemona-Haro Pipeline. Section II. Vizcaya Province.

30/06/2009

161.178.70

2.058.334.09

ENAGAS, S.A.

Montesa-Denia Pipeline. Section II. Province of Alicante

30/06/2009

84.47

1,068.39

ENAGAS, S.A.

Montesa-Denia Pipeline. Section II. Province of Valencia

30/06/2009

87.830.43

1.110.844.44

ENAGAS, S.A.

Denia-Ibiza-Mallorca Pipeline. Underwater Stretch. Province of Alicante.

30/06/2009

283.973.43

3.896.977.12

ENAGAS, S.A.

Denia-Ibiza-Mallorca Pipeline. Underwater Stretch. Balearic Islands

30/06/2009

290.262.05

3.983.276.07

ENAGAS, S.A.

Denia-Ibiza-Mallorca Pipeline. Land Stretch. Province of Alicante.

06/07/2009

4,618.69

76.059.00

ENAGAS, S.A.

Pipeline pipeline with Ramal to Besos.

23/07/2009

1.098, 16

18.084.14

ENAGAS, S.A.

Lorca-Chinchilla Pipeline. South leg. Province of Murcia.

05/08/2009

498.129.57

10.916.297.73

ENAGAS, S.A.

Ramal to the Gibratal field. Phase III.

26/08/2009

44.176.22

996.608.24

ENAGAS, S.A.

Denia-Ibiza-Mallorca Pipeline. Underwater Stretch. Balearic Islands II.

20/08/2009

456.473.08

9.396.293.54

ENDESA GAS CARRIER, S.L.

PLAZA

27/07/2009

429.41

11,400,60

CARRIER GAS ENDESA, S.L.

Mallorca San Juan de Dios-Ca's Tspring Island Pipeline.

19/08/2009

10.352.76

213.106.88

NATURAL GAS TRANSPORT SDG, S.L.

Pipeline Suria-Cardona-Solsona.

27/03/2009

52.805.95

809.362, 21

natural gas transport SDG, S.L.

Malaga North Zone Basic Transport Pipeline.

26/01/2009

29741.11

266.129.33

NATURAL GAS ANDALUSIA, S.A.

Lucena-Cabra-Baena secondary transport pipeline (8 ").

14/05/2009

77.480.43

1.526.850.72

GAS NATURAL ANDALUCIA, S.A.

Lucena-Cabra-Baena secondary transport pipeline (6 ").

14/05/2009

3.152, 36

70.252.54

NATURGAS ENERGY

The Zaldivia-Villabona transport basic network pipeline.

22/05/2009

180.715.03

1,978,134.00

ENDESA GAS CARRIER, S.L.

Pipeline ZARAGOZA-CALATAYUD.

30/10/2009

51.450.02

2.778.735.30

ENDESA GAS CARRIER, S.L.

15/12/2009

0.00

627,008.80

SUREUROPEAN DISTRIBUTOR.

Montalban-Consuegra (Toledo) Puebla secondary transport pipeline, Polan-Consuegra stretch.

16/07/2009

92,011.27

2.117.792.58

NATURGES

Secondary transport pipeline to the Industrial Zone Hernani

26/11/2009

404.74

55.831.72

NATURGES

Transport Pipeline secondary Serinya Figueres

14/12/2009

0.00

587.312.04

ENDESA GAS CARRIER, S.L.

Island Pipeline Mallorca San Juan de Dios-Ca's Tspring. Stretch between position 01 and position 02

30/11/2009

7.376.21

695.735.84

ENAGAS, S.A.

ERM G-160 in position K-05 of the Fare-Cordoba Pipeline in Medina Sidonia (Cadiz).

24/02/2009

38.842.50

76.060.52

ENAGAS, S.A.

EM G-2500 in position 15.09.A3 of the Ramal pipeline to Castellon in the Castellon municipal term.

29/05/2009

37.198,44

117,620.94

ENAGAS, S.A.

ERM G-250 in position A-3.4 of the Serrable-Zaragoza gas pipeline in the municipality of Monsoon.

10/06/2009

24.316.00

79,025.13

ENAGAS, S.A.

ERM G-400 in position 15.20.3 of the Montesa-Denia pipeline in the Villalonga municipal term.

18/06/2009

26.016.50

84.062.71

ENAGAS, S.A.

ERM G-250 in position 15.20.4 of the Montesa-Denia pipeline in the world term Denia.

30/06/2009

24.316.00

79,025.13

ENAGAS, S.A.

ERM G-400 in position O-14A of the Silver Route pipeline in the municipality of Barbadillo.

14/07/2009

21.680.42

84.062.71

ENAGAS, S.A.

ERM G-6500 in position M-01 of the Almería-Lorca pipeline in the Almeria world term.

16/07/2009

53,848.75

224.155.16

ENAGAS, S.A.

EM G-1600 in position F-05.1 of the Huelva-Sevilla-Madrid pipeline in the Almonte municipal term.

04/08/2009

18.789.00

111.339.66

ENAGAS, S.A.

ERM G-1000 in position 15.20.6 of the Denia-Ibiza-Mallorca pipeline in the municipality of Mallorca.

20/08/2009

22.105.33

105.684.76

ENDESA GAS CARRIER, S.L.

ERM G-400 In Villanueva de Gallego province of Zaragoza.

20/07/2009

21.680.42

84.062.71

ENDESA GAS CARRIER, S.L.

ERM G-400 In Zuera Zaragoza Province.

20/07/2009

21.680, 42

84.062.71

ENDESA GAS CARRIER, S.L.

ERM G-650 in PLAZA.

27/07/2009

23.095.00

90.394.22

ENDESA GAS CARRIER, S.L.

ERM G-1600 In position 01 of the island pipeline Mallorca San Juan de Dios-Ca's Tresorer.

19/08/2009

25.052.00

123.226.59

NATURAL GAS TRANSPORT SDG, S.L.

ERM G-250 of the Suria Cardona-Solsona Pipeline in the municipality of Cardona.

09/09/2009

9.240.08

66.583.82

NATURAL GAS TRANSPORT SDG, S.L.

ERM G-250 of the Suria Cardona-Solsona Pipeline in the Solsona municipal term.

09/09/2009

9.240.08

66.583.82

NATURAL GAS TRANSPORT SDG, S.L.

ERM G-250 A basic transport pipeline north of Malaga that serves the thermal power station of the Malaga cc.

26/01/2009

44,579.33

79.025,

NATURAL gas ANDALUCÍA, S.A.

ERM G-160 of the Lucena-Cabra-Baena secondary transport pipeline in the municipality of Cabra.

14/05/2009

20.664.21

64,126,69

GAS NATURAL ANDALUCÍA, S.A.

ERM G-160 of the Lucena-Cabra-Baena secondary transport pipeline in the municipality of Baena.

14/05/2009

20.664.21

64.126.69

GAS NATURAL ANDALUCÍA, S.A.

ERM G-250 of the Lucena-Cabra-Baena secondary transport pipeline in the municipality of Lucena.

14/05/2009

21.560, 19

66.583.82

GAS SUREUROPEAN DISTRIBUTOR.

ERM G-650 located at position POS01A, in the municipal term of (1)

16/07/2009

17.552.20

76.204.64

SUREUROPEAN DISTRIBUTOR.

ERM G-650 located at the POS02P position, in the Polan municipal term in the province of Toledo.

16/07/2009

17.552.20

76.204.64

G-1000 located at position POS04C, in the municipality of Consuegra in the province of Toledo.

16/07/2009

21.000.07

88,781.68

GAS NATURAL TRANSPORTESDG, S.L.

ERM G-250 of the Suria Cardona-Solsona Pipeline in the municipal term of Olius.

09/09/2009

9.240.08

66.583.82

(1) Ajofrin in the Toledo province

ENDESA GAS CARRIER, S.L.

ERM type G-400 located in ZACA-02 position of the ZARAGOZA-CALATAYUD gas pipeline in the municipality of La Muela, Zaragoza province.

30/10/2009

8.672.17

84.062,71

ENDESA GAS CARRIER, S.L.

ERM type G-1000 located in position ZACA-03 of the gas pipeline ZARAGOZA-CALATAYUD in the municipality of Epila, Zaragoza Province.

30/10/2009

11.052.67

105.684.76

the municipality of Dona Godina, Zaragoza.

30/10/2009

8.672, 17

84.062.71

ENDESA GAS CARRIER, S.L.

ERM type G-400 located in position ZACA-05 of the ZARAGOZA-CALATAYUD gas pipeline in the municipality of Calatayud, Zaragoza province.

30/10/2009

8.672.17

84.062.71

ERM type G-400 located in ZACA-06 position of the ZARAGOZA-CALATAYUD gas pipeline.

30/10/2009

8.672.17

84.062,71

ENDESA GAS CARRIER, S.L.

ISLAND GAS PIPELINE type G-2500 MALLORCA. S. JOHN OF GOD-CAS ' S TRESORER

29/10/2009

10.628.13

117,620.94

ENDESA GAS CARRIER, S.L.

EM G-6500 at position 02 of the island pipeline Mallorca San Juan de Dios-Ca's Tresorer.

10/12/2009

0.00

178.755, 26

ENDESA GAS CARRIER, S.L.

ERM G-1600 At position 02 of the Mallorca San Juan island pipeline Dios-Ca's Tresorer.

10/12/2009

0.00

123.226.59

ENDESA GAS CARRIER, S.L.

ERM G-1600 in position AZARI-01 (La Puebla de Hijar) of the AZAILA-ALBALATE GAS PIPELINE FROM THE ARZOBISPO-ARINO (SECTION I)

15/12/2009

0.00

103.966, 69

ENDESA GAS CARRIER, S.L.

ERM G-160 in AZARI-02 (Hijar) position of the AZILA-ALBALATE pipeline ARZOBISPO-ARINO (SECTION I)

15/12/2009

0,00

64.126.69

ERM G-160 in position AZARI-03 (Albalate of the Arzobispo9 of the AZAILA-ALBALATE GAS PIPELINE OF THE ARZOBISPO-ARINO (SECTION I)

15/12/2009

0.00

64.126, 69

NATURGES.

Po-01 ERM Serinya of the Serinya Figueres secondary transport pipeline

14/12/2009

0.00

70,765.94

NATURGES.

Po-02 ERM Navata secondary transport pipeline Serinya Figueres

14/12/2009

0,00

66.583.82

NATURGES ENERGY.

Post-03 ERM Villafant Serinya Figueres secondary transport pipeline

14/12/2009

0.00

88,781.68

NATURGES.

Po-01 ERM Osinaga from the secondary transport pipeline to the Hernani Industrial Zone

16/12/2009

0.00

88.781, 68

ENAGAS, S.A.

ERM G-400 in Ibiza

16/09/2009

13,008.25

84.062.71

ENAGAS, S.A.

EM G-1600 (SSM) in Pos. F-06 on Aznalcazar (Seville)

17/09/2009

14.091.75

111.339.66

ENAGAS, S.A.

EM G-2500 in Pos. 5D.03.04 in Besos (Barcelona)

26/10/2009

10.628, 13

117,620.94

TOTAL

8.849,824.83

103.978.552.18

ANNEX V

Investment and operation reference unit values and maintenance in transport facilities

First. Investment Reference Unit Values in Transport Facilities

Primary And Secondary Transport Pipelines

Linear work in primary transport pipeline.

March on March

2008

2009

2010

€/ (m*inch)

€/ (m*inch)

€/ (m*inch)

Linework

24.26

24.65

24.57

Linear work in secondary transport pipeline.

Correction Coefficient

Secondary transport pipeline: 0.62

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

Diameter

(inch)

10

Year of Pout

2008

2009

2010

6

72,688

73,851

73,615

8

135.964

138.139

137.697

198.700

201.879

201.233

261,706

265.893

265,042

324.712

329.907

328.852

16

387,718

393,921

392.661

18

450.724

457,936

456.470

20

513.730

521.950

520.279

22

576,736

585.964

584.089

24

639,742

649,978

647,898

702.748

713.992

711.707

28

765,754

778.006

775,516

30

828,760

842,020

839.326

32

891,766

906.034

903.135

36

1.017,778

1.034.062

1.030.753

40

1.143,790

1.162.091

1.158.372

42

1.206.796

1.226.105

1.222.181

44

1.269.802

1.290.119

48

1.395,814

1.418.147

52

1.546.175

1.546.175

1.546.175

1.546.175

Table_table_der" >1.541.227

Correction Coefficients:

Derivation Position (Type D): 1.52

Trap Trap Position (2): 2.82

Positions after linear work: 1.15

Secondary Transport Element: 0.62

Primary Transport Pipeline Compression Stations

March on March

2008

2009

2010

Power less than or equal to 37,284 kW

7.899,400

7.899,400

7.899.400 Table_table_der" >8.025.790

8.000.107

Variable Term (€/kW)

1.105.81

1.123.50

1.119.91

Power greater than 37,284 kW

Fixed Term (€/E.C.)

27,685.928

28.128.903

28.038.891

Variable Term (€/kW)

575.11

584.31

582.44

Regulation and Measure (ERM) stations on a primary transport pipeline

March on March

Type

2008

2009

2010

G

€/ Unit

€/Unit

€/Unit

65

257,300

261,417

260,580

100

260.505

264,673

263,826

160

266,089

270.346

269.481

250

274,678

279.073

278.180

400

289.562

294.195

293.254

650

315,947

321.002

319,975

1,000

356.203

361.902

360.744

1,600

434.219

441.167

439.755

2,500

562.716

571,719

569.889

4,000

708,877

720.219

717.914

6,500

855,036

868.717

865.937

Correction Coefficients:

Measurement Station: 0.86

Ultrasound (1) EM: 1.32

ERM /EM Later (2): 1.15

Additional Lines in: ERM /EM (3) 0.31

Transport Items: Secondary 0.97

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

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

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

Maintenance Centers

March on March

2008

2009

2010

Price Audited On €

1,915.129

1.945.771

1.939.545

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 + (IPRIteam 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 Pipeline

Year of Retribution

2008

2009

2010

€/m /pull

0.4584

0.4693

0.4627

Correction Coefficient.

Secondary transport pipeline: 0.52

Compression stations on primary transport pipelines

59.76

Year of Retribution

2008

2009

2010

Term (€/E.C.)

147,600

151,095

148,992

59.20

60.60

59.76

ERM in Primary Transport pipelines

Type

Year of Retribution

2008

2009

2010

G

€/Unit

€/Unit

€/Unit

65

37,862

38,759

38.219

100

41.198

42,174

41.587

160

45.533

46,611

45.962

250

47.507

48,632

47,955

400

50829

52,033

51,308

650

54,146

54,628

54,657

1,000

64,782

66,316

65,393

1,600

73,417

75.156

74.109

2,500

83,058

85,025

83,841

4,000

104.650

107.128

105,637

6,500

126.247

129.237

127.438

Correction Coefficient.

Measurement Station: 0.75.

Secondary Transport Element: 0.76.

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 * (IPC-y))

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.

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

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

ANNEX VI

Interim storage operation and maintenance unit values for 2010

storage

COMF (euros/year)

CVI (euros/kWh injected gas in year n)

CVE (euros/kWh of gas extracted in year n)

Serrablo

1.777.587

0.000601

0.000110

Gaviota

8.298.815

0.000052

0.001326

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

ANNEX VII

2009 unit of investment unit values for 2009 and operation and maintenance of the year 2010 of regasification plants

First. Reference unit values of the fixed operating and maintenance costs for the year 2010:

Storage Tanks (€): 1.593,790 + 13.092607 * V

(Where V = Tank capacity expressed in m3).

Regasification Installations (€/m3/h emission capacity): 4.89.

LNG tanker ports (€/ unit): 41.367.

Port and land civil work (€/plant): 1.227.085.

Second. Reference unit values of variable operating and maintenance costs for the year 2010:

Cost per regasified kWh (€/kWh): 0.000181.

Variable cost per kWh loaded in cisterns (€/kWh): 000217.

Cost per cold/put on cold (€/kWh): 000217.

Third. Investment reference unit values for new investments in directly authorised regasification facilities for installations put into service in the year 2009:

Storage Tanks (€/m3): 695.96.

Cisterns (€/unit): 3.119.379.

Civil and port work (€/plant). Value of the investment made up to the maximum of: 52,587,627.

Regasification Installations (€/m3/h emission capacity) 137.70.