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Resolution Of May 4, 2015, Of The Directorate-General For Energy And Mines, Amending The Protocol Detail Pd-12 "procedures Apply To Tanks Of Lng Satellite Bound For Plants".

Original Language Title: Resolución de 4 de mayo de 2015, de la Dirección General de Política Energética y Minas, por la que se modifica el protocolo de detalle PD-12 "Procedimientos a aplicar a las cisternas de gas natural licuado con destino a plantas satélite".

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TEXT

Royal Decree 949/2001, of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system of the natural gas sector, develops the basic lines that must contain the rules for the technical management of the natural gas system and in Article 13 (1) thereof established that the technical manager of the system, in collaboration with the other subjects involved, shall draw up a proposal for technical management standards for the system; to raise the Minister of Economy for approval or amendment.

In compliance with the above, the Minister of Industry, Tourism and Trade issued Order ITC/3126/2005 of 5 October, approving the technical management rules of the gas system. That order, in its final provision, empowers the Directorate-General for Energy Policy and Mines to take the necessary measures for the implementation and enforcement of the order, in particular to approve and amend the detailed protocols. of the technical management rules and other requirements, rules, documents and operating procedures laid down to enable the proper functioning of the system.

Order ITC/3126/2005 of 5 October, in the technical management standard NGTS-12, paragraph 12.2, establishes the creation of a working group for the updating, revision and modification of the rules responsible for the submission for approval by the Directorate-General for Energy Policy and Mines, for proposals for updating, reviewing and amending the rules and protocols for the management of the gas system.

On the basis of the above, it has been received with the date of 20 May 2012, by the Chair of the Working Group of the Monitoring Committee of the Gas System for the updating, revision and modification of the rules and technical management protocols for the gas system, a proposal for redrafting the PD-12 detailed protocol requesting its study and approval, if appropriate, in order to bring it into line with the new documentation that has appeared since its previous publication, as well as, of incorporating new practices and procedures more in line with the current reality of the gas system and its possibilities for action and control.

According to the third paragraph of Article 11 (3) of Law 34/1998 of 7 October of the hydrocarbon sector, this resolution has been the subject of a report by the National Energy Commission for its preparation, has carried out the corresponding hearing procedure through the Hydrocarbons Advisory Council in accordance with the provisions of Article 5.5 of Royal Decree 1339/1999 of 31 July, approving the Regulation of the National Commission Energy.

In its virtue, this General Address resolves:

First.

The detail protocol PD-12 "Procedures to be applied to the cisterns of liquefied natural gas destined for satellite plants", approved by the Resolution of 29 March 2012, of the Directorate General of Politics, is replaced. Energy and Mines, amending the technical management standard of the gas system NGTS-02 "General conditions on the use and capacity of the facilities of the gas system", the detail protocol PD-12 is established " Procedures to apply to the tanks of liquefied natural gas destined for satellite plants " and the protocol of detail PD-01 "Measurement, quality and odorisation of gas", by the text accompanying the Annex to this resolution.

The title of the PD-12 detail protocol is also replaced with "LNG tanker logistics".

Second.

Paragraph 6.6.2 of the detail protocol PD-05 "Energy determination procedure discharged by tankers", adopted by Resolution of 13 March 2006, of the Directorate-General for Energy Policy and Energy Policy, is amended. Mines, laying down detailed protocols for the technical management of the gas system, and subsequently amended by Resolutions of the Directorate-General for Energy Policy and Mines of 17 September 2007 and 22 December 2007. March 2011, being worded with the following text:

" 6.6.2 Measurement in case of failure.

In the event that it is not possible to ensure that gas is not being used as a fuel, either because the closing valve does not exist, or because of the lack of the seal mentioned, the determination of the energy consumed as a fuel self-consumption will be performed based on the following types of failures:

Type 1. The installation lacks any of the approvals, certificates or seals described in section 6.6.1.

The greater of the following two quantities will be counted:

If the operation is a download:

a) The one determined by the measurement system.

b) 0.10% when the failure occurs for the first time on a site.

0.15% when the failure occurs for the second consecutive time on a site.

0.20% when the failure occurs consecutively for the third and next time, on a site.

If the operation is a load:

a) The one determined by the measurement system.

b) 0.25% when the failure occurs for the first time on a site.

0.30% when the failure occurs for the second consecutive time on a site.

0.35% when the failure occurs consecutively by third and next times, in a plant.

Type 2. Inexistence of measurement equipment and other failures.

It will be counted:

-0.20% if the operation is a download.

-0.35% if the operation is a load.

Before 15 October of each year, the technical manager of the system will send a report to the Directorate General for Energy Policy and Mines and to the National Energy Commission, with a proposal for values of the aforementioned coefficients. in paragraph 6.6.2, for the purposes of its best adaptation to the reality of operations and technological developments. To this end, operators of regasification plants shall regularly transmit to the technical system the data of the actual loads and discharges at each plant. This report shall include a justification for the proposed values and the information which has been used as a basis for the preparation of the report. "

Third.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, May 4, 2015. -Director General of Energy Policy and Mines, Maria Teresa Baquedano Martin.

ANNEX

PD-12 Detail Protocol

LNG tanker logistics

1. Object. The purpose of this detail protocol is to establish the coordination methodology and the obligations applicable to the different subjects acting on the market for liquefied natural gas (LNG) tankers for the purposes of the satellite plants, in order to ensure the necessary continuity, quality and security of supply.

For the purposes of this protocol, two types of plants are distinguished:

• Monoclonal satellite plants that feed a single final consumer.

• Satellite distribution plants that feed one or more distribution networks.

2. Scope.-This protocol is applicable to all the agents of the gas system and operations described in section 2.6.6 of the technical management standard NGTS-02 " General Conditions on Use and Capacity of the facilities of the gas system. " In particular, in the case of a single satellite plant or a satellite distribution plant, the following shall apply:

• Single-lient satellite: In the case of the final customer acting as a direct consumer on the market, the consignor will be the customer himself, whereas in the case of the final customer supplied by a marketer, the consignor shall be the marketer, who may delegate to the final customer the issue of the cisterns upon written agreement. The communication of this agreement and its cancellation must be made prior to the beginning and completion of the supply to the holder of the regasification plant.

• Distribution satellite plants: Satellite plants that are owned by a distributor are included in this category. In this case the vendor will act as the shipper.

3. Allocation of satellite plants to regasification plants.-In the case of a new distribution satellite plant, the system technical manager (GTS), on a proposal from the consignor, will designate one of the regasification plants available in the system as a tank loading plant, which will be linked, under normal operating conditions, to the new satellite plant for LNG shipments, being in general the same as the lower road distance, irrespective of the fact that the the user has or does not have LNG stored in it.

In special cases of intermodal transport, LNG vehicle stations and tax warehouses, it will be assigned the most advisable. In addition, more than one regasification plant can be assigned in these cases.

In the case of a satellite distribution plant in service to the entry into force of this protocol, it will initially be assigned the load plant used today. The GTS, on its own initiative or at the request of other actors involved in the operation of the satellite plant, will study and, where appropriate, propose the reallocation of the loading plant under the same principle applied in the allocation of new plants. satellites, and the satellites will be carried out by agreement of the parties involved. The allocation of satellite distribution plants to tank loading plants will be available in the SL-ATR and will be published on the GTS website.

In the case of satellite plants, the direct market consumer or the marketer who supplies them shall communicate to the GTS the regasification plant where the tank loads are to be carried out.

In the event that the loading plant assigned to a satellite plant is out of service, present technical restrictions or is inaccessible, the GTS, after consulting the loaders, shall establish an alternative loading plant, with independence from existing contractual conditions, in order to ensure continuity of supply. In general, the criterion for the least distance and, in the alternative, the balance of charges, will also apply. In this case, the operator of the satellite plant shall send to the new loader a copy of the documentation referred to in paragraph 4, provided that this loading plant does not belong to the same business group of the original charger.

The marketer must have contracted capacity at the load plant assigned to the corresponding satellite plant.

Marketers carrying cisterns in a regasification terminal must have a contract with the haulier holder of that regasification terminal.

In the event that a cistern for a satellite distribution plant is scheduled and some of the marketers do not have a contract with the loading plant, both the distributor and the carrier in question will advise on the knowledge of this situation to the uncontracted marketer.

The marketer must request and formalize a tanker cargo contract with the carrier as soon as it receives the communication. Both the technical manager of the system and the operator of the regasification terminal shall make the necessary steps to ensure that the formalisation of this contract is carried out prior to the loading of the tank.

In any case, if the situation had not been resolved prior to the weekly schedule, the orders for the shared cisterns load expected for the whole week will be automatically generated, not being considered as For this reason, the loading of a tank for a satellite distribution plant is not feasible.

The operator of the installation shall not include in that tank any quantity for the marketer or marketer without a contract and the quantities taken out of the customers for which they are supplied shall be entered in the BRS account managed by the GTS. Once the contractual situation between the carrier and the marketer has been regularised, the carrier shall regularise the amounts initially charged on the BRS account to the marketer concerned on the basis of the information provided by the distribution coefficients provided by the vendor.

These regularisations will take place within the same calendar month. In any event, the uncontracted marketer shall be deemed to have incurred an imbalance, with the corresponding imbalance penalties applicable to him.

4. Documentation to present before the first load.-Before the first delivery of LNG to a new satellite plant and at least one week before the first load, the holder must deliver, through the marketer/ vendor, to the loader the following documentation:

1. Address of the plant.

2. Shipper-name, address, contact person, phones, NIF.

3. Contact-name and telephone person.

4. Tanker carrier.

5. Plant ownership with your NIF.

6. Estimated annual consumption.

7. Use of gas for tax purposes, as set out in Law 15/2012 of 27 December 2012 on tax measures for energy sustainability.

8. In the case of a marketer, and in compliance with Royal Decree 919/2006, the final certificate of work and tests carried out. Once the formalities have been carried out by the LNG plant holder to the competent authority of the Autonomous Community, and in compliance with the provisions of the PD-12 in paragraph 4, the holder shall, by means of his supplier, deliver to the The put-in-service authorization.

9. In the case of a distributor, the commissioning act of the installation and the distribution criterion among the marketers using the satellite plant.

10. Accreditation that the new high corresponds to an LNG vehicle station, a tax warehouse or any other special use that is made directly into LNG.

11 Accreditation of compliance with the conditions set out in Article 5 of Order IET/2446/2013, for the procurement of capacity for the loading of tanks.

5. Transport of tanks.

5.1 Transport costs in satellite distribution plants. Prior to access to a satellite distribution plant by a marketer, the marketer must enter into an agreement to provide services with the distributor of the same, in which the transport costs shall be established Pass on to the marketer.

The service delivery agreement model as well as the costs per satellite plant will be published on the distributor's website and will be governed by the principles of transparency, objectivity and non-discrimination. The model of agreement shall be common for the entire national territory and shall include at least the procedure for the allocation of the transport costs to each of the traders.

This model should be developed by the National Commission on Markets and Competition, which, after submitting it for consultation, will propose it to the Directorate General for Energy Policy and Mines for approval or modification in a six months from the date of entry into force of this Protocol. Traders and distributors shall have a period of 30 days from the approval of the contract to adapt the contracts in force to the model approved by the Directorate-General for Energy Policy and Mines.

5.2 Documentation to perform the load. The shippers must require the carriers to carry out the necessary documentation to verify which vehicles, tanks and drivers comply with the current regulations related to the activity of the transport of dangerous goods by road, and that all permits and authorizations remain in force. This documentation must be up to date before you perform a load.

In addition, the loader will issue for each load the documentation that is regulated, where it will indicate, among other data, the time of departure of the load.

The carrier must have an order to be able to load on the regasification plants, as defined in section 2.6.6 of the technical management standard of the NGTS-02 system.

6. Scheduling, nomination, and renomination procedures for cisterns.-In relation to programming, nominations and renominations, it must comply with the requirements of the technical management rules of the system and its protocols detail.

The common parameters must be included in the schedules to indicate in any exchange:

• Date of issue.

• Identification of the subject making the programming or nomination.

• Identification of the subject to which it is directed (loader).

• Identification of the tanker carrier.

• Type of programming.

• Facilities to which you apply (satellite plants).

• Amount of scheduled gas.

• In case the cistern has as its destination more than one satellite plant, percentage of distribution en route.

• Commercial allocation.

Schedules and nominations will be performed by full cisterns. In the case of satellite monollient plants, it will be made by marketing or direct consumer on the market, and in the case of satellite distribution plants, by distributor group, in this case the energy according to the norm NGTS-06 system technical management "Repairs" and in the detail protocol PD-02 "Delivery procedure on transport-distribution points (PCTD)".

The SL-ATR will have a pre-defined commercial allocation for each satellite plant, which will be shown by default at the time of the weekly programming, and can be modified at the time of the programming, on the other hand. different.

All information entered for the programming may be consulted in the SL-ATR by the agent performing it and with the same breakdown.

6.1 Annual and monthly programming. The content and timing of the annual and monthly schedules will be set in the PD-07 and PD-08 detail protocols.

6.2 Weekly programming, nomination, and renomination.

6.2.1 Information flow for satellite plants. Once the programming has been agreed with the carriers of cisterns, the marketers or the direct consumer on the market will introduce into the SL-ATR that program within the deadlines established in this protocol. The loader will analyze the different schedules by communicating the feasibility or not of the program.

On the day "n-1" or on the gas day itself, the traders or the direct consumer on the market, if necessary, will nominate the cisterns of the day "n". The charger will analyze the different nominations and through the SL-ATR will assign a Order number for each cistern/destination it considers viable. In the event that the programming/nomination is not viable in its entirety, the marketer must indicate which clients are assigned to them in respect of all the requested loads.

Once the orders are obtained, the SL-ATR will automatically send, via e-mail, to a distribution list defined by each user at the destination level, including the carrier of the cisterns in order to perform the load.

Each loader and on the site to which the load has been requested for the destination, will have a load management system that allows to validate the order issued and accepted, order the loads throughout the day, and validate the presence of the driver for which the goods are required.

The carrier, in order to load, must present the documentation collected in section 5.2 of this protocol.

6.2.2 Information flow for satellite distribution plants. The distributor, once considered the programming of the marketers, will introduce into the SL-ATR that programme within the time limits laid down in this protocol, and inform the carriers of cisterns. The loader will analyze the different schedules by communicating the feasibility or not of the program.

On the day "n-1", the distributors, before nominations of exit from the satellite plant of the marketers that modify the initial programming or the detection by their own means of the need to modify those schedules to maintain supply continuity, will nominate the cisterns of the day "n".

The loader will analyze the different schedules/nominations of the distributors and through the SL-ATR will assign an order number for each cister/destination.

In the case of weekly programming, orders will be automatically generated for the loads of cisterns planned for the whole week, since all scheduled cisterns are considered viable.

In those cases that have to be extended some order of the weekly schedule, the dealer will perform the nomination or renomination having equally an automatic assignment of the Order Number.

Once the orders are obtained, in the nomination/renomination period, the SL-ATR will automatically send, via e-mail, to a distribution list defined by each user at the satellite level.

Each Charger and on the site to which the load has been requested for the destination, will have a load management system that allows to validate the issued and accepted Order, order the loads throughout the day, and validate the presence of the driver for which the goods are required.

The tanker carrier, in order to load, must present the documentation in section 5.2 of this protocol.

Orders can be queried for a particular period and extract in Excel format.

6.2.3 Weekly programming. The content and timing of the weekly schedule will be set in the PD-07 and PD-08 detail protocols, and will include:

• Number of tanks to be loaded per day and regasification plant.

• The kWh/dia-regasification plant.

• The corresponding destinations (satellite plant) with their commercial allocation.

• Priority.

• Commercial allocation for each marketer, for each of the cisterns.

• Percentage of cast by satellite for multi-target downloads.

For your part, the time limit for confirmation of this schedule by the transport operator is set at 12:00 on Friday, at which time the order codes for the transport operator will be generated. week.

All information entered in the SL-ATR can be queried in the SL-ATR with the existing breakdown level.

The SL-ATR will have a pre-defined commercial allocation for each satellite plant, which will be shown by default when it comes to the weekly programming, and can be modified at the time of the programming, on the other hand. different.

Weekly programming, may be consulted per day, period or weekly programming of the current period, including all load plants. This query can be extracted to Excel format.

6.2.4 Nomination and renomination. Nominations will be made on "n-1" day.

In the case of no nomination, the amount and targets scheduled and answered as viable in the weekly schedule will be considered as such.

The deadline for sending nominations by marketers to the transport operator is set to 12:00 hours.

For your part, the time limit for the confirmation of these nominations by the transport operator is set at 14:00 hours, at which time the corresponding order codes will be generated for the day n.

In terms of satellite plants, in the event that the nomination implies that a marketer or a direct consumer on the market exceeded the total capacity contracted, the holder of that plant shall execute it whenever there is capacity available and based on the priorities defined by the market or direct consumer on the market.

All information entered in the SL-ATR can be queried in the SL-ATR, with the existing level of detail.

Nomination adjustments for contract topics may be entered into the SL-ATR after the "n-1" renomination period is opened.

The deadline time for the renominations of day "n-1" by marketers to the transport operator is set to 17:00 hours.

For your part, the time limit for the confirmation of these renominations by the transport operator is set to 18:00 hours, at which time the corresponding order codes will be generated for day n.

In the event that it is several marketers and/or direct market consumers who will nominate above the contract at a loading plant and the number of cisterns/day of all nominations will exceed the possibilities Loading of the plant, the chargers will proceed to allocate the number of tanks and the distribution of the same according to the capacity contracted by each marketer and/or direct consumer on the market.

For operational purposes of demand, either the marketer or the direct consumer on the market, or the distributor, in the case of a single-monollient satellite plant or a satellite distribution plant, respectively, may request, within the prescribed period, a renomination sent on the day "n", referring to the day itself "n". Each loader and via SL-ATR, after analysis of the application, shall provide feasibility for the modifications requested on the day "n" of the nominated charges.

Due to the existence of this period of renomination, the nominations of marketers and direct consumers on the market that still exceed the number of contracted cisterns would be viable on the "n-1" day, will be able to become non-existent. viable if the reindeer period exceeds the load capacity of a plant.

The deadline time for the shipment of "n" day renominations by marketers to the transport operator is set to 10:00 hours.

For your part, the time limit for the confirmation of these renominations by the transport operator is set at 11:00 hours, at which time the order codes corresponding to that day will be generated. If the renomination consists of changes to the viable order destination, these are automatically viable.

The SL-ATR at the time of nomination or renomination will show the commercial allocation entered in the weekly programming or nomination for each satellite plant, and may be modified at that time, by a different one.

Nominations of the weekly programming, may be consulted by day and/or period and/or weekly programming of the current period, including all loading plants. This query can be extracted to Excel format.

6.2.5 Order Anulation. For operational or demand purposes, either the charger, the marketer or the direct consumer on the market, or the distributor, in the case of a single-monollient satellite plant or a satellite distribution plant, respectively, may cancel, within the prescribed time-limits, an order corresponding to the weekly schedule, nomination or renomination already sent to the SL-ATR.

The SL-ATR will automatically send, via e-mail, the order override communication to a distribution list defined by each user at the satellite site level.

7. Repairs and balances.-The actual amount charged for both single-and single-satellite destinations will be fully distributed with the distribution criteria set out in the order with which the load was performed. This amount will become part of the commercial balance of each marketer on each floor.

In the case of satellite distribution plants, each marketer shall be assigned the provisional allocation indicated by the shipper at the time of the allocation of the load.

The SL-ATR will facilitate the change of a predefined commercial assignment, showing by default the existing one at the time of the weekly programming.

For the submission of regularizations, the distributors will send the following information to the loader:

• Regularization month.

• Target satellite plant.

• Marketer.

• Quantity.

The amount to be sent must be the final distribution by satellite and marketer. With these quantities, and the provisional deliveries communicated at the time of loading, the trade adjustments shall be calculated. Such regularisations shall comply with the following conditions:

• The algebraic sum of the regularizations must be zero.

• No regularisation can lead to a net emission of tanks from a negative marketer.

If this occurs, the regularization will be rejected and the consignor will be notified for rectification.

8. Billing.-For the billing of the tank loading services, the following quantities will be used:

• In the case of a single-party destination the amount charged shall be allocated proportionally between the capacities of the various contracts in force on that day, unless a specific contract is indicated in the application to which it is charged. This tank.

• In the case of satellite distribution plants the amount will be divided according to the percentages indicated in the nomination by the distributor or those that are loaded in the destinations. These quantities shall be assigned to the contract indicated by the marketer or for the longest duration if they do not indicate otherwise.

9. Maintenance and Incident Communication Procedure.-The annual maintenance schedule shall include scheduled maintenance operations of the cisterns load-loads, collecting all established requirements. in section 8.2 of the technical management standard of the NGTS-08 system "Maintenance plan".

For corrective maintenance (force majeure contingencies), the loader will immediately communicate the incident, with the following cases being given:

1. Corrective maintenance only affects the capacity of the plant: In these cases the new load capacity of the plant will be divided according to the capacity contracted by each user.

2. Corrective maintenance poses a risk to the security of supply: In this case, the supply priorities set out in section 10.8.1 of the technical management standard of the NGTS-10 system will be followed. exceptional ".

In case of unavailability of the tank load, which would result in a reduction in the nominal capacity of the plant, viability will be given according to the capacity contracted by the marketer and taking into account the priority of cisterns.

In the case of unavailability over the D-day viability response calendars, marketers and distributors will make the greatest efforts to address the cisterns of their responsibility, diverting cisterns to other loading plants. For the following days, and if necessary on the basis of the inavailabilities, the GTS will give precise operational instructions to the plant operators to temporarily reorganise the loading process, coordinating the capacities available, in order to secure the supply to the protected clients.

In any case, the traders affected by the diversion of cisterns, shall regularise their balance situation, in the affected load plants, on the basis of the information provided by the agents themselves.

10. Claims Management.-Users will be able to submit claims to this process as a whole, from hiring to billing and matching payment.

All shipments of related information will be made through the SL-ATR so that appropriate follow-up of the claims submitted can be made.

The claim will be sent to the SL-ATR, and will contain the concept that the user requests to review and the reason for which it is requested, attaching any additional information that allows the analysis and support of the same.

11. Available information.-The cisterns load information available in the SL-ATR will be as follows:

• Date.

• Load plant.

• Load time.

• Marketing company or direct market consumer/distributor company.

• Albaran number.

• Target of the tanker (in case of multi-target download, report all destinations and their share percentage).

• Carrier LNG tanker.

• kg. Assigned to the load.

• Energy (kWh) assigned to the load.

• Assigned energy (kWh per marketer or direct market consumer).

• PCS (kWh/kg).

• Status: provisional or definitive.

This information will be in the system within the time limits set in the system technical management (NGTS) rules and their detail protocols.

An inventory of distribution satellite plants will also be available in the SL-ATR.