Law 12/2007, of July 2, which modifies Law 34/1998, of October 7, the hydrocarbon sector, in order to adapt it to the provisions of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market for natural gas modified article 93 of the concerned law of the hydrocarbon sector, defining the rate of last resort.
The agreement of the Council of Ministers of April 3, 2009, by amending the timetable initially foreseen in the transitional provision fifth law 12/2007, of July 2, amending the law 34/1998, of October 7, the hydrocarbons Sector, in order to adapt it to the provisions in the Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market for natural gas, establishes that as of July 1, 2009 will be entitled to the supply of last resort consumers connected to pressures less than 4 bar, with annual consumption not exceeding 50,000 kWh per year.
For its part, the Royal Decree-Law 6/2009, of 30 April, whereby measures in the energy sector and approves the social bond, you designate, in its second additional provision to the marketing companies that should assume the obligation to supply of last resort in the Peninsular and the Balearic Islands.
Developing the law 34/1998, of October 7, 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, establishes in its article 25.1 the Minister, by order, and prior agreement of the delegate of the Government Commission for Economic Affairs It shall adopt the provisions necessary for the establishment of the rates for sale of natural gas. Also, this article has that such orders will establish concrete values of rates and prices or a determination and updating system.
In accordance with the above, the Minister of industry, tourism and Commerce issued the order ITC/1506/2010, of 8 June, amending the ITC/1660/2009, of 22 June, which settles the last resort of natural gas tariff calculation methodology. Article 10 of this order establishes the last resort of natural gas tariff revisions will be made by order of the Directorate-General for energy and mines. The fixed terms and variables of the rates will be updated when any change occurs in fixed terms and variables of tolls and canons of system access or in reductions in force ratios. The term variable will be updated with quarterly, from the 1st day of January, April, July and October of each year, provided that the cost of the raw experience a change upward or exceeding 2% down.
Moreover, law 34/1998, of October 7, features the transitional regime of the gases manufactured in island Territories, so that until the completion and commissioning of the facilities that allow the supply of natural gas, the distribution companies may be manufactured gas supply. The order ITC/1660/2009, of 22 June, determines the rates applicable to the supply of gases manufactured in island territories until the arrival of natural gas, in application of the provisions in article 25.1 of the Royal Decree 949/2001 of 3 August. The sole additional provision of this order, establishes that the rates to be applied by companies distributors of gases manufactured by channeling in island territories the Directorate-General of energy and mines will determine them.
By virtue of, taking into account the order ITC/3354/2010, of 28 December, that establishing the tolls and fees associated with the access by third parties to the gas installations, this General direction of energy and mines dictates the prices that will be in effect from zero hours on October 1, 2011, by setting: first.
Prices without taxes of last resort of natural gas supply rate, will be those indicated below: rate term fixed (€post-trial) / month Variable cents/kWh TUR.1 consumption less than or equal to 5,000 kWh per year.
4.09 5,500750 TUR.2 consumption exceeds 5,000 kWh per year and less than or equal to 50,000 kWh per year.
8.33 4,893650 second.
Prices excluding tax to apply to consumers of manufactured by channelling gas located in island Territories are those indicated below: rate term fixed (€post-trial) / month Variable cents/kWh consumption exceeding 5,000 kWh/year 4.09 T.1 5,500750 T.2 consumption exceeds 5,000 kWh per year and less than or equal to 50,000 kWh/year 8.33 4,893650 T.3 consumption exceeds 50,000 kWh per year and not exceeding 100,000 kWh/year 53,51 4,345512 T.4 consumption exceeds 100,000 kWh per year 160,69 4,071212 third.
The values of the parameters defined in paragraph 5 of article 6 of the order ITC/1660/2009 of 22 June, which establishes the last resort of natural gas tariff calculation methodology, are as follows:-Tmbuque = 95.177 m3 (*).
-Cmi (TUR.1) = 2,507 kWh/client.
-Cmi (TUR.2) = 10,256 kWh/client.
-fc = 0.36.
-LNG (as expressed by one) = 0.74 (*).
-fconv = 6.833 kWh/m3 (*).
-Emax (TUR.1) = 6 GWh/day.
-Emax (TUR.2) = 25 GWh/day.
-GNd (TUR.1) = 6,800 MWh/day.
-GNd (TUR.2) = 28.028 MWh/day.
-mr = 0.01% (*).
-mt = 0.2% (*).
– md = 1% (**).
Asterisked (*) parameters were updated in the resolution that came into force on July 1, 2010, and the double asterisk (*) in the resolution of October 1, 2010, according to the order ITC/1890/2010. The rest of the parameters take the value defined in the order ITC/1660/2009 of 22 June.
The cost of the raw material and the different elements that compose it are as follows: cost commodity raw material components main Gas (cents/kWh) of base Gas for winter auction reference auction reference Cn An Pbn RBn Bn Pin RIn 2,780571 0,124439 2,982000 2,758463 0,214122 2,996000 2,025307 BR6n ($/Bbl) 115,8033 BR60 ($/Bbl) 111,5950 Tn ($/€) T0 1,420762 ($/€) 1,441438 HH (cents/kWh) 1,058721
NBP (cents/kWh) 2,991894 fifth.
For the calculation of the turnover of the supply of natural gas by pipeline measured by meter, during the period that includes the date of entry into force of this resolution, shall be apportioned the total consumption of the period invoiced proportionally to the days to which apply the various resolutions in force. To the resulting consumption, it will be application price in force in each period, which shall include applicable taxes in the same.
This resolution shall take effect from the day following its publication in the "Official Gazette".
Against this resolution, it is important to file appeal with the Secretary of State for energy, within the period of one month, in accordance with the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Madrid, September 21, 2011.-the Director-General of energy and mines, Antonio Hernández García.