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

Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system for natural gas, sets out in Article 25 the criteria for determination of tariffs, tolls and charges, and points out that the objectives of remuneration for regulated activities, the equitable allocation of costs, incentives for the efficient use of natural gas and the gas system, and non-production distortions on the market, determining that the Minister for Economic Affairs (referral which currently has to be understood the Minister of Industry, Energy and Tourism), by order, after agreement of the Government Delegation for Economic Affairs, will dictate the necessary provisions for the establishment of the rates of sale of natural gas, prices for the disposal of natural gas for distributors, and for the tolls and charges for basic access services by third parties.

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

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

Order ITC/3994/2006 of 29 December 2006 and Order ITC/3995/2006 of 29 December 2006 approved the remuneration of the underground storage and storage facilities of the basic network, determining the values of the 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 natural gas transport for these installations. In particular, Article 6 provides that remuneration shall be payable as from 1 January after the date on which the premises are put into service. In addition, this royal decree, in its second provision, provides that the National Energy Commission will submit a report to the Ministry of Industry, Energy and Tourism on the remuneration of certain regulated activities for the year. next. In compliance with the above, the National Energy Commission evacuated that report dated 26 November 2010, which has been taken into account in the preparation of this order.

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

This order has been the subject of the 40/2011 Report of the National Energy Commission, approved by its Council on 28 December 2011, for the preparation of which have taken into account the allegations made in the a hearing carried out through the Hydrocarbons Advisory Board.

By Agreement of 30 December 2011 the Council of Ministers has endorsed the adoption of the Agreement reserved to the Government Delegation for Economic Affairs by Article 92 of Law 34/1998 of 7 October 1998. (a) the oil sector, taking into account its results, the Agreement authorising the Minister for Industry, Energy and Tourism to issue this order.

Under the Agreement of the Council of Ministers, I have:

Article 1. Object.

1. The purpose of this order is to determine the tolls and charges associated with the access of third parties to the gas installations in force from 1 January 2012, the establishment of the remuneration for the year 2012 of the companies which carry out regulated activities, as well as the determination of unit values of investment and fixed costs and operating variables of the assets assigned to those regulated activities.

2. In addition, for the year 2012, the fees for the rental of meters and telemetry equipment along with the rights of connection for supplies with supply pressure of less than or equal to 4 bar are established 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 from 1 January 2012 are those set out in Annex I to this Regulation. order.

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

Article 3. Quotas for specific purposes.

1. The fees for the remuneration of the Technical Manager of the System and the National Energy Commission will be 0.40 percent and 0.153 percent, respectively, applicable as a percentage of the toll of the tolls and charges to refers to Article 1 of this order and which must be collected by carriers and distributors.

2. Without prejudice to the foregoing, the provisional remuneration of the Technical Manager of the System for the year 2012 will be eleven million seven hundred and eighty-nine thousand four hundred and thirty-four euros (11,789,434 €). The National Energy Commission shall include in settlement 14 of 2012 the positive or negative difference between the amounts received by the Technical Manager of the System for the implementation of the quota set out in the previous paragraph and its remuneration for the year 2012.

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, or in the absence thereof, shall be considered to be 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 invoiced again in the light of the consumption step corresponding to the actual consumption.

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

3. The liquefied natural gas (LNG) storage fee, as specified in Annex I to this order, shall be invoiced for the entire volume of the gas actually stored, excluding the gas from the tanks, owned by the holders of the tanks. plants.

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.

6. When the billing period does not match a calendar month, the Tf_ij transport and distribution toll fixed term or Tf_e capacity reserve term will be calculated by multiplying the monthly value by the ratio between the number of days to be billed for the month entering the billing period and the number of days of the month. When the billing period matches a full month the published value will be applied directly.

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

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

Article 6. Billing information.

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

Article 7. Billing for periods with variation of tolls.

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

Article 8. Previous contracts.

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

Article 9. Telemedida.

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

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

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

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

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

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

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

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

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

Article 10. Duration access contracts less than one year.

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

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

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

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

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

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

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

Article 11. Transport and distribution toll interruptible.

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

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

The conditions to qualify for this toll are as follows:

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

b. Supply pressure greater than 4 bar.

c. Operational telemedida.

d. Compliance with the geographical and technical criteria assessed by the Technical Manager of the Gas System and, where 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 period of notice.

b. Maximum total duration of interrupts in one year:

A "A" break contract: 5 days.

Type "B" interrupt 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. Unavailability or congestion of transport, storage, distribution and regasification facilities of the Spanish gas system resulting in a significant reduction in the available capacity.

b. Unavailability 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 the interruptions: The request for interruption can only be made by the Technical Manager of the System as a result of some of the causes mentioned in the previous section and will require communication prior to the Secretary of State for 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:

-Geographical Criteria.

-Maximum operability.

-Minimum impact.

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

5. Communication: The Technical Manager of the System shall communicate to the consumer, the marketer, and the operator of the premises to which the consumer is connected, the request to make the interruption with the pre-fixed notice period.

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

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

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

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

In application of the provisions of Article 9 of Order ITC/3128/2011 of 17 November 2011 governing certain aspects relating to the access of third parties to gas installations and the remuneration of Regulated activities, marketers providing to consumers connected to natural gas distribution networks powered by a liquefied natural gas satellite plant will be entitled to a global discount (Dm) at the transport toll and distribution equivalent to the average cost of the unused transport network.

The value of the Dm coefficient for the year 2012, calculated as the ratio between the remuneration to the transport and the sum of the remuneration to the transport and the distribution, is equal to 35.72%.

The discount coefficients "C" applicable in the year 2012 at the time of driving the toll of transport and distribution, calculated in accordance with the provisions of Article 9 of Order ITC/3128/2011 of 17 November 2011, for each of the consumption steps, are as follows:

2.1

2.3

3.4

Term	Coefficient to apply to the driving term -
69.1
2.2	73.7
	76.9
	2.5		2.5	78.9
2.6	77.9
3.1	67.6
3.2	3.3
		69.0
3.5	72.5

Article 14. Specific remuneration for distribution facilities.

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

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

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

a. The population core does not have gas supply.

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

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

c. 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 branch.

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

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

f. Projects relating to population centres which have already received specific remuneration in previous calls, even though this would not have been for the total amount requested, may not be subject to new specific remuneration. 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. Description of the population core using the 11-digit codes published by the INE on its website, with the maximum breakdown.

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

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

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

e. Consumption and demand points for each level of pressure over a 30-year horizon, justifying those cases in which strong population growth is expected at the core with respect to the population censured at present.

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

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

h. Contributions from public funds.

i. Quantification of the requested remuneration.

j. Evidence of compliance with some of the requirements set out in paragraph 2.b of this Article.

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

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

-Between 0 and 100 points will be allocated according to the percentage of co-financing 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, Energy and Tourism.

-0 to 100 points shall be allocated on the basis of the specific remuneration requested in relation to the number of expected supply points.

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 shall in no case exceed 10% of the available amount of annual specific remuneration for the sector as a whole.

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

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

d. In cases where more than one company applies for specific remuneration for the same population core on the same call, the amount of specific remuneration to be granted shall be the least of the requested, provided that the project has not been disqualified, without prejudice to the undertaking which would ultimately benefit, which will be the one that effectively performs the gasification of the core or is the sole holder of the facility authorisation.

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 installations and the license of works.

b. Drawings of the location of the connection branch and of the distribution network on gas accompanied by a hydraulic scheme indicating the technical characteristics of the installations.

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

d. Act of putting into service or certification of the autonomous community corresponding to the placing on gas of the installations subject to the specific remuneration.

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

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

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

6. For the year 2012, the annual specific remuneration for the sector as a whole shall in no case exceed the following amount:

RDn = 23,000,000 €-RTS.

Where:

RDn: Maximum distribution-specific retribution allocated for the year 2012.

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

7. Of the total quantity referred to in paragraph 6, a maximum of EUR 5 million (€ 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 scope of the Canary Islands.

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.

8. Those projects which received specific remuneration in past calls, in which the time limit for the completion of the construction of the facilities has been exceeded, and for which the payment of the corresponding fee has not yet been requested Specific remuneration shall be sent within two months of the date of publication of this provision, the act of putting into service or certification of the autonomous community corresponding to the placing on the gas of the installations which are the object of the specific pay.

In the event that the installation gas is not credited, the right to charge specific remuneration for the affected project will be considered automatically withdrawn and may be requested in subsequent calls. To this end, the Directorate General for Energy Policy and Mines, according to the documentation received, will publish in the electronic headquarters of the Ministry of Industry, Energy and Tourism, the list of those projects whose collection rights persist and those projects that are considered to be discontinued.

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

1. In application of the provisions of the transitional provision 20th concerning the transitional arrangements for gases manufactured in island territories, Law 34/1998 of 7 October 1998 and Article 15.1 of the Order ITC/3354/2010 of 28 June 2010, December, by which the tolls and charges associated with the access of third parties to the gas installations and the remuneration of the regulated activities are established, the compensation for the supply of air in the Balearic Islands ceases to be in effect from 1 January 2012.

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

3. As long as the scheme provided for in the transitional provision in the twentieth of Law 34/1998 of 7 October 1998 is applied, the distribution company which holds the networks in which the payment is carried out is recognised as being 'supply at tariff' calculated by application of Article 21 of Order ITC/3993/2006 of 29 December 2006 establishing the remuneration of certain regulated activities in the gas sector.

Article 16. Acquisition of gas and heel gas.

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 18. Coefficients of mermas in gas installations.

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

a. Re-regasification (Cr): 0,01% of the gas discharged from the regasification plants.

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

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

d. Pressure distribution mermas equal to or less than 4 bar (Cr < 4): 1%.

e. Pressure distribution mermas equal to or less than 4 bars, for nets fed from satellite plant (Cr < 4): 2%.

f. Pressure distribution of more than 4 bar (Cr > 4): 0,39. No distribution in pipelines of a maximum design pressure of more than 16 bar shall be recognised, unless their existence is justified

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

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

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

Additional provision second. Extension of the deadline for the construction of the facilities for projects to which specific remuneration has been allocated for projects initiated in the years 2009-2010 and 2010-2011.

1. Until 30 June 2012, the time limit for the construction of the installations corresponding to the projects for which specific remuneration has been allocated to the call for projects started in the years is extended until 30 June 2012. 2009-2010, in accordance with the provisions of paragraph 2.d of the second provision of Order ITC/3802/2008 of 26 December establishing the tolls and charges associated with third party access to gas installations, the Last resort fee, and certain aspects relating to the regulated activities of the gas sector.

2. For those projects to which specific remuneration is assigned, in the call for projects initiated in the years 2010-2011, in accordance with the provisions of the second order of the Order ITC/3520/2009, 28 of December, establishing the tolls and charges associated with third-party access to gas installations for the year 2010 and updating certain aspects relating to the remuneration of regulated activities in the gas sector, extends the time limit for the start of the construction of the installations up to six months from the date of signature of the resolution of the Directorate-General for Energy Policy and Mines for the allocation of specific remuneration for that call.

Additional provision third. Remuneration of regulated activities for the year 2012.

In Annex IV to this order, the total amount and the breakdown of the remuneration for the year 2012 of the companies carrying out regulated activities in the gas sector is set out in Annex IV. To this effect it is distinguished:

1. Remuneration for companies carrying out distribution activities.

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

3. Definitive and provisional remuneration in respect of depreciation, financial remuneration and fixed operating and maintenance costs of undertakings engaged in regasification activities.

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

5. Remuneration for the provision of transport facilities.

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

1. In Annex V, the unit values of investment for the transport facilities put in place in the year 2012 and unit values for operation and maintenance for transport facilities for the year 2012 are laid down.

2. In Annex VI, provisional unit values for operation and maintenance of underground storage for 2012 are set out.

3. In Annex VII, the unit values of investment for the regasification facilities set up in 2012 and the operation and maintenance of the regasification plants for the year 2012 are established.

Additional provision fifth. Forecasts for electricity demand.

Before the 31st of October of each year, the Technical Manager of the Gas System and the Operator of the Electrical System will send to the Energy Policy Directorate v Mines and the National Energy Commission a document As a whole, both operators will provide the forecasts corresponding to them in accordance with their powers regarding the forecast of gas demand from power generation plants using gas as fuel for the year next.

The System Technical Manager will provide the Electrical System Operator with probable natural gas price scenarios and the System Operator will perform the expected demand coverage scenarios on the basis of the pricing information provided by the System Technical Manager.

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

On an extraordinary basis and until 1 January 2013, 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: 0.2709 cent/kWh/day/month.

Variable term: 0.0043 cent/kWh.

This toll will be billed by the starting point company.

Single repeal provision. Regulatory repeal.

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

Final disposition first. Review of tolls and charges.

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

Final disposition second. 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 third. Entry into force.

This order shall enter into force at zero hours of 1 January 2012, with the exception of the underground storage fee, as set out in the sixth paragraph of Annex I, which shall apply from 1 April 2012.

Madrid, December 30, 2011. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

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