Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5593
The Royal Decree 949/2001, of 3 August, which regulates the access by third parties to the gas facilities and establishing an integrated economic system of the natural gas sector, develops basic lines which should contain rules of management technical system of natural gas and in his article 13 paragraph 1 established that the technical manager of the system in collaboration with the rest of the subjects involved, prepare a proposal of standards of technical management of the system, which will raise the Minister of economy for his approval or modification.
In compliance of it earlier, the Minister of industry, tourism and trade issued the order ITC / 3126 / 2005, of 5 of October, by which is approve the rules of management technical of the system gas. Such an order, in its first final provision empowers the Directorate-General for energy and mines to adopt the measures necessary for the implementation and enforcement of the order, in particular to approve and modify protocols detail the rules of technical management and other requirements, rules, documents and established operating procedures to allow the proper functioning of the system.
The aforementioned order ITC/3126/2005, on 5 October, in technical management NGTS-12, paragraph 12.2, standard gas sets the creation of a working group for updating, revision and modification of the rules responsible for filing for approval by the Department of energy and mines, of proposals for updating, revision and modification of rules and protocols for management of the system.
With base in it previous, is has received with date of 20 of mayo of 2012, from the President of the Group of work of the Committee of tracking of the system gas for the update, review and modification of the standards and protocols of management technical of the system gas, a proposed of new drafting of the Protocol of detail PD-12 requesting its study and approval , if comes, to adapt it to the new documentation appeared from his previous publication, as well as, of incorporate new practices and procedures more adjusted to the reality current of the system gas and to its possibilities of action and control.
In accordance with the available additional eleventh, paragraph third, of the law 34 / 1998, of 7 of October, of the sector of hydrocarbons, this resolution has been object of report of the Commission national of energy that for its development, has made the corresponding pending of audience through the Council Advisory of hydrocarbons in accordance with it established in the article 5.5 of the Real Decree 1339 / 1999 , 31 July, which approves the regulations of the National Commission of energy.
In his virtue, this address General resolves: first.
Overrides the Protocol detail PD-12 «Procedures apply to tanks of LNG satellite bound for plants», approved by the resolution of March 29, 2012, of the Directorate-General for energy and mines, amending the standard of technical management of the gas NGTS-02 system «General conditions on use and the capacity of the gas system installations» , is sets the Protocol of detail PD-12 «procedures to apply to them tanks of gas natural liquefied with destination to plants satellite» and is modifies the Protocol of detail PD-01 «measurement, quality and odorization of gas», by the text that is accompanied in the annex of the present resolution.
The title of the Protocol detail PD-12 by 'Logistics of LNG tankers' is also replaced.
Amending the paragraph 6.6.2 Protocol detail PD-05 «Procedure of energy discharged by tankers», approved by resolution of 13 March 2006, of the Directorate-General for energy and mines, which establishes protocols detail the rules of technical management of the gas system, and subsequently modified by resolutions of the General direction of energy policy and mines September 17, 2007 and March 22, 2011, being drafted with the following text: «6.6.2 measurement in case of failure.
In the case that not is can ensure that not is is using gas as fuel, well by not exist the valve of closing, well by lacking of the seal mentioned, the determination of the energy consumed in concept of self-consumption is held depending on them following types of anomalies: type 1. The installation lacks any approvals, certificates or seals described in paragraph 6.6.1.
(Is accounted the greater of the two amounts following: If the operation is a download: to) the determined by the system of measurement.
(b) the 0.10% when the abnormity happens by first time in a plant.
0.15% when the anomaly happens for the second consecutive time in a plant.
0.20 per cent when the abnormity happens consecutively for third and subsequent times, in a plant.
If the operation is a burden: to) determined by the measurement system.
(b) 0.25% when the anomaly happens for the first time in a plant.
0,30% when the anomaly happens for the second consecutive time in a plant.
0.35% when the abnormity happens consecutively for third and subsequent times, in a plant.
Type 2. Lack of measuring equipment and other anomalies.
Will be posted:-0,20% if the operation is a dump.
-0.35% if the operation is a burden.
Before 15 October each year management system technician will send a report to the Directorate-General for energy and mines and the National Energy Commission, a proposal of values of the coefficients referred to in the paragraph 6.6.2, for the purposes of its better adaptation to the reality of the operations and the evolution of technology. For this, them carriers holders of plants of regasification be sent periodically to the Manager technical of the system the data of them loads and downloads real in each plant. «Said report will include a justification of the values proposed, as well as the information that has served of base for the development of the same.»
This resolution shall enter into force the day following its publication in the "Official Gazette".
Madrid, 4 de mayo of 2015.-the Director General of political energy and mines, Maria Teresa Baquedano Martin.
ANNEX Protocol of detail PD-12 logistics of tanks of LNG 1. Object.-the present Protocol of detail has as object establish the methodology of coordination and the obligations applicable to them different subject that act in the market of cisterns of gas natural liquefied (LNG) with destination to them plants satellite, in order ensure the necessary continuity, quality and security of the supply.
For the purposes of the present Protocol are distinguished two types of plants: • plants satellite monocliente that feed to a single consumer end.
• Plants satellite of distribution that feed to an or several networks of distribution.
2. scope of application - this Protocol is applicable to all the agents of the system gas and operations described in the paragraph 2.6.6 the standard of technical management of the system NGTS-02 «Conditions of use» and the capacity of the facilities of the gas system. In particular, depending on whether a plant monocliente satellite or satellite distribution plant, will apply the following: satellite plants • monocliente: in the case of the customer acting as a direct consumer market, the consignor shall be customer's own, while in the case of the customer supplied by a marketer, the consignor will be the marketer that it may delegate to the end customer expedition of cisterns prior agreement in writing. The communication of this agreement and your cancellation must be carried out previously at the beginning and end of the supply to the holder of the regasification plant.
• Satellite distribution plants: plants are included in this category satellite that are owned by a dealer. In this case the dealer will act as shipper.
3. allocation of plant satellite regasification plants - in the case of a new satellite plant of distribution, the technical manager of the system (GTS), on a proposal from the consignor, designate one of regasification plants available in the system as cisterns loading plant, which will be linked, in normal operation, the new satellite plant for shipments of LNG being in general which is at less distance by road regardless of which the user has or not LNG stored in it.
In special cases of intermodal transport, vehicle tax storage and LNG stations, will be assigned the most advisable. Also in these cases, you can assign more than one regasification plant.
In the case of a satellite plant distribution in service to the entry into force of this Protocol, be assigned initially charge currently used plant. The GTS, on its own initiative or at the request of other agents involved in the operation of the satellite plant, will consider, where appropriate, will propose the reallocation of the plant of load under the same principle applied in the allocation of new satellite plants and this will be made by agreement of the parties involved. The allocation of plants satellites of distribution to plants of load of tanks will be available in the SL-ATR and will be posted in the website of the GTS.
In the case of plants satellite monocliente, the direct consumer market or the marketer who supplied them communicated to the GTS the regasification plant where loads of tanks shall be carried out.
In the case that the plant of load assigned to a plant satellite is out of service, present restrictions technical or is inaccessible, the GTS, prior consultation to them Chargers, will establish a plant of load alternative, with independence of them conditions contractual existing, to ensure the continuity of supply. With character general will apply also the criterion of less distance and, with character subsidiary the of balance of loads. In this case, the holder of the plant satellite must send to the new charger copy of the documentation to is concerns the paragraph four, provided that this plant of load not belong to the same group business of the charger original.
The marketer must have contracted capacity at the load assigned to the corresponding satellite plant plant.
Them marketers that loaded tanks in a terminal of regasification should have of a contract with the carrier holder of that terminal's regasification.
In the case that is scheduled a cistern for satellite distribution plant and any of marketers not available with the loader plant contract, both the supplier and the carrier in question will be notified as soon as they are aware of this situation to the trader without a contract.
The marketer must request and formalize a contract of load of tanks with the carrier as soon as receive the communication. Both the Manager technical of the system as the carrier holder of the terminal of regasification will make them steps necessary for the formalization of this contract is perform before the load of the cistern.
In all case, if the situation not is had determined before the programming weekly, is will generate automatically them orders for them load of cisterns shared planned for all the week, not can consider is as unviable by this reason it load of a cistern for plant satellite of distribution.
He carrier holder of the installation not will include in that tank any amount for the marketer or marketers without contract and them amounts retired to has of them customers by them supplied will be scored in it has of BRS managed by the GTS. A time regularized the situation contractual between the carrier and the marketer, the carrier regularize them amounts charged initially on the has of BRS to the marketer in question taking as base the information of them coefficients of deal provided by the Distributor.
These adjustments will be made within the same calendar month. In any case, shall be deemed that the marketer no contract has engaged in a situation of imbalance, being application corresponding penalties by imbalance.
4 documentation to present before the first load - before the first delivery of LNG to a new satellite plant and at least one week prior to the first charge, the holder must deliver, via the marketer / Distributor, to the charger the following documentation: 1. address of the plant.
2 expedidor-nombre, address, contact, phone, NIF.
3. person of contacto-nombre and phone.
4. carrier's tanks.
5. ownership of the plant with your tax ID.
6. estimated annual consumption.
7. use of gas for tax purposes, as established in law 15/2012, December 27, of fiscal measures for sustainable energy.
8. in the case of marketer, and in compliance with the Royal Decree 919/2006, the final certificate of work and tests. Once procedures by the holder of the LNG plant before the competent body of the autonomous region, and in compliance with provisions of PD-12 in its section 4, the owner, through your supplier, you must deliver to the charger the authorisation for putting into service.
9. in the case of distributor, Act of starting up of the installation, and criterion of distribution among marketers that use satellite plant.
10. accreditation that the new high corresponds to a station vehicle of LNG, a tax deposit to any other special use that is directly made in LNG.
11 accreditation of compliance with the conditions laid down in article 5 of the order EIT/2446/2013, for the recruitment of capacity for loading tankers.
5. transport of tanks.
5.1. cost of transporting plants satellite distribution. Form prior to access to a satellite plant of distribution by a marketer, this should sign an agreement for the provision of services with the same holder dealer, in which transport costs shall be established to have repercussions to the marketer.
The model agreement for the provision of services as well as costs per satellite plant will be published on the website of the Distributor and will be governed under the principles of transparency, objectivity and non-discrimination. The model agreement will be common to all the national territory and shall include, at least, the procedure of allocation of costs of transport to each of marketers.
This model must be made by the Commission national of them markets and the competition, that, after submit it to consultation, it will propose to the address General of political energy and mines for its approval or modification in a term of six months from the entry in force of the present Protocol. Them marketers and distributors will have of a term of thirty days to count from the approval of the contract for adapt them contracts in force to the model approved by the direction General of political energy and mines.
5.2 documentation to make it load. Them Chargers must demand to them companies carriers it documentation required for check that vehicles, cisterns and drivers meet the regulation existing related with the activity of the transport of goods dangerous by road, and that maintain current all them permissions and authorizations. This documentation should be updated before performing a load.
Also, the charger will emit for each load the documentation established regulations, where is will indicate, among others data, the time of output of the landing.
The carrier must have an order to load in regasification plants, as defined in the paragraph 2.6.6 technical management of the system NGTS-02 standard.
6. procedure of scheduling, nomination and think tankers. - regarding schedules, nominations and re-nominations, must comply with provisions of the rules of technical management of the system and its protocols in detail.
In settings common parameters must be given to indicate in all exchanges: • date of issue.
• Identification of the subject doing programming or nomination.
• Identification of the subject to which it is addressed (charger).
• Identification of the carrier of cisterns.
• Type of programming.
• Facilities to which it applies (plants satellite).
• Amount of scheduled gas.
• In the case of having the cistern as a destination more than one satellite plant, percentage of cast on route.
• Allocation commercial.
The schedules and nominations is held by tanks full. In the case of plants satellite monocliente is will make by marketer or consumer direct in market, and for plants satellite of distribution, by Group Distributor, handing out is in this case the energy according to it established in the standard of management technical of the system NGTS-06 «deals» and in the Protocol of detail PD-02 «procedure of cast in points of connection transporte-distribucion (TDCP)».
He SL-ATR will have of an allocation commercial predefined for each plant satellite, that will be displayed by default at the time of make the programming weekly, can is modify in the time of the programming, by another different.
All the information entered for the programming may be consulted in the SL-ATR from the agent that it perform and with the same breakdown.
6.1 programming annual and monthly. It content and calendar of the schedules annual and monthly will be the established in the protocols of detail PD-07 and PD-08.
6.2 programming weekly, nomination and think.
6.2.1 flow of information for plants satellite monocliente. A time agreed the programming with them carriers of cisterns, the marketers or the consumer direct in market will introduce in the SL-ATR said program in them deadlines established in this Protocol. The charger will analyze them different schedules communicating the feasibility or not of the program.
In the day «n-1» or in the own day of gas, the marketers or the consumer direct in market, if outside necessary, will nominate the cisterns of the day «n». The charger will analyze them different nominations and through the SL-ATR assigned a number of order for each tanker / destination that consider viable. Where the programming / nomination not was viable in its whole, the marketer must indicate to what customers is les assigns asked concerning the whole of loads chosen.
Once obtained orders, SL-ATR will send automatically, via e-mail, to a list of distribution defined by each user at the destination level, including the carrier's tanks to carry the load.
Each charger and in the plant to which is has requested it load for the destination, will have of a system of management of loads that allow validate the order issued and accepted, order them loads along the day and validate the presence of the driver for which requires the merchandise.
The carrier, for power load, must present the documentation collected in the paragraph 5.2 of this Protocol.
6.2.2 flow of satellite data for plants of distribution. The Distributor, a time considered the programming of marketers, will introduce in the SL-ATR program within the time limits laid down in this Protocol, and inform carriers of tankers of the same. The charger will analyze different schedules communicating viability or otherwise of the programme.
In the day «n-1», them distributors, before nominations of output of the plant satellite of them marketers that modify them schedules initial or before the detection by their own media of the need of modify such settings for keep it continuity of supply, will nominate them cisterns of the day «n».
The charger will analyze the different settings/nominations of distributors and through the SL-ATR will be assigned an order number for each tank/destination.
In the case of the weekly schedule, orders for planned tanker loads will be generated automatically for the entire week, given that all programmed tanks are considered viable.
In those cases that is have that expand some asked of it programming weekly, the Distributor will be the nomination or think having also an allocation automatic of the number of order.
Once obtained the orders, in the period of nomination/think, SL-ATR will send automatically, via e-mail, to a distribution list defined by each user-level satellite plant.
Each boot and on the floor to which you asked for the destination charge, have a system of load management enabling to validate the order issued and accepted, order the charges throughout the day and validate the presence of the conductor to which requires the goods.
The carrier of cisterns, for power load, must present the documentation collected in the paragraph 5.2 of this Protocol.
Those orders may be consulted for a certain period and extract in format Excel.
6.2.3 programming weekly. The content and timetable of weekly programming will be laid down in the protocols of detail 07-PD and PD-08, and will include: • number of tanks to charge per day and regasification plant.
• The kWh / dia-planta of regasification.
• The relevant destinations (satellite plant) with its commercial allocation.
• Commercial allocation for each Marketer, for each one of the cisterns.
• Percentage of distribution by satellite plant for multicast downloads.
Moreover, the time limit for confirmation of this programming by the transport operator is set to 12:00 hours Friday, moment in which will generate the order codes for the week.
All the information entered in the SL-ATR is can consult in the same with the level of breakdown existing.
He SL-ATR will have of an allocation commercial predefined for each plant satellite, that will be displayed by default at the time of make it programming weekly, can is modify in the time of the programming, by another different.
The weekly programming will be available per day, period or weekly programming of the current period, including all the plants of load. Such consultation may be extracted to Excel format.
6.2.4 nomination and think. Nominations will be made in the day 'n-1'.
In the case of not exist a nomination, is considered as such the quantity and destinations scheduled and answered as viable in the programming weekly.
The time limit for sending nominations by marketers to the transport operator is set to 12:00 hours.
Moreover, the time limit for confirmation of these nominations by the transport operator is set to 14:00 hours, time in which will be generated corresponding to the day n. order codes
In terms of plants satellite monocliente, where the nomination implies that a marketer or a direct consumer market exceeded total capacity contracted, the holder of this plant will run it whenever there is capacity available and according to the priorities defined by the marketer or direct consumer market.
All information entered into the SL-ATR will be available, with the level of existing detail.
The settings of the nomination by contractual issues may introduce in the SL-ATR once opened the day 'n-1' re-nominations.
The time limit for re-nominations of the day sending 'n-1' by marketers to the transport operator is set to 17:00 hours.
Moreover, the time limit for confirmation of these re-nominations by the transport operator is set to 18:00 hours, time in which will be generated corresponding to the day n. order codes
In the case that they were several marketers or consumers direct market those who nominate over the contract in a plant's load and the number of tanks/day of all nominations overcome plant loading possibilities, the Chargers will proceed to assign the number of tanks and the sharing of the same according to the capacity contracted by each marketer or direct consumer market.
By issues operational demand, well the marketer or the direct consumer market, well the Distributor, depending on whether a plant monocliente satellite or satellite distribution plant, respectively, you may request, within the prescribed period, a think sent the day «n», referring to the day «n». Each charger and via SL-ATR, prior analysis of the application, will give viability to the modifications chosen in the day «n» of them loads nominees.
Due to the existence of this period of think, the nominations of marketers and consumers direct in market that still surpassing the number of cisterns contracted were viable in the day «n-1», may pass to be not viable if in the period of think is exceeds the capacity of load of a plant.
The time limit for the shipping of re-nominations of the day «n» from the marketers to the operator of transportation is sets in them 10:00 hours.
Moreover, the time limit for confirmation of these re-nominations by the transport operator is set to 11:00 hours, time in which will be generated order codes corresponding to this day. If it think is in change of the destination of orders viable, these are viable automatically.
It SL-ATR in the time of the nomination or think will show the allocation commercial introduced in the programming weekly or nomination for each plant satellite, can is modify in that time, by another different.
The nominations of the programming weekly, is may consult by day and/or period and/or programming weekly of the period current, including all the plants of load. Such consultation is you can extract to format Excel.
6.2.5 cancellation of orders. Operational issues or demand, well charger, either the retailer or the consumer direct in market, well the Distributor, depending on whether a plant monocliente satellite or satellite distribution plant, respectively, may cancel, within established deadlines, an order corresponding to the weekly schedule, nomination or think already sent to the SL-ATR.
The SL-ATR will send of way automatic, via mail electronic, the communication of cancellation of the order to a list of distribution defined by each user level of plant satellite.
7. deals and balances.-the amount real charged both for destinations monoclientes as plants satellites is shared completely with the criterion of cast established in the order with which is made it load. This amount will go to form part of the balance trade of every marketer in each plant.
In the case of plants satellite of distribution, is assigned to each Marketer the cast provisional indicated by the consignor in the time of the allocation of the load.
SL-ATR to facilitate change from a commercial mapping default, showing by default the existing when it comes to the weekly schedule.
For shipment of regularizations, distributors will send to charger the following information: • month of regularization.
• Satellite plant of destination.
The amount to send must be the final deal by plant satellite and marketer. With these quantities, and the interim deals reported at the time of loading, adjustments will be calculated by marketer. Such adjustments shall comply with the following conditions: • the algebraic sum of the regularizations must be zero.
• No adjustment can lead to a negative net emission of tanks of a marketer.
If this occurs, shall be to reject such regularization and shall be communicated to the consignor to its rectification.
8. billing.-of face to the billing of them services of load of cisterns, is used them amounts following: • for destinations monocliente the amount charged is fall proportionally between them capabilities of them different contracts in force in said day, unless in the request is indicate a contract specific to which attributed such cistern.
• In the case of satellite plants of distribution amount shall be distributed according to the percentages indicated in the nomination by the supplier or which by default are loaded in destinations. These amounts shall be allocated to the contract indicated by the marketer or the longer if not indicated otherwise.
9. procedure of communication on maintenance and incidences. - annual maintenance program should include scheduled maintenance operations of the cargos of cisterns, collecting all the requirements set out in paragraph 8.2 of the standard of technical management of the system NGTS-08 'Maintenance Plan'.
In the case of corrective maintenance (contingency of force majeure), charger immediately communicate the incidence, being able to give the following cases: 1. corrective maintenance only affects the capacity of the plant: in these cases the new load capacity of the plant will be distributed according to the capacity contracted by each user.
2. the corrective maintenance is a risk to the security of the supply: in this case will follow the supply priorities established in the section 10.8.1 the standard of technical management of the system NGTS-10 «Operation of the system in exceptional situation».
Viability on the basis of capacity contracted by marketer will be given in case of unavailability of the landing of tanks, involving a reduction in the nominal capacity of the plant, and taking into account the priority of tanks.
For unavailability sudden out of them calendars of response of viability of the day D, them marketers and distributors will make them greater efforts to meet them cisterns of your responsibility, diverting cisterns to others plants of load. Of face to them days following, and if outside necessary depending on them unavailability, the GTS will give them instructions operational precise to them holders of them plants to reorganize temporarily the process of loads, coordinating them capabilities available, in order ensure the supply to those customers protected.
In any case, them marketers affected by them detours of cisterns, regularizarán your situation of balance, in the plants of load affected, based on the information provided by them own agents.
10. management of claims. - users may submit claims to this process in its entirety, from recruitment to their billing and payment.
All them shipments of information related is carried out through the SL-ATR so that is can make a follow-up right of them claims presented.
The claim will be sent to the SL-ATR, and will contain the concept that the user requests review and the reason that is requested, enclosing all complementary information enabling the analysis and support of the same.
11. information available.-the information of cargo of tanks available in the SL-ATR will be the following: • date.
• Plant load.
• Time of load.
• Direct marketer or consumer company in market / distribution company.
• Delivery note number.
• Destination of the cisterna(en el caso de descarga multidestino, informará de todos los destinos y su porcentaje de reparto).
• Carrier tanker LNG.
• kg. Assigned to the load.
• Energy (kWh) assigned to the load.
• Assigned energy (kWh per marketer or direct consumer market).
• PCS (kWh/kg).
• Status: provisional or definitive.
This information will be in the system within the time limits laid down in the rules of technical management of the system (NGTS) and its protocols in detail.
Also available in the SL-ATR a satellite plant inventory of distribution.
Search Translated Laws of Spain