APPENDIX 1.1 ATTACHMENT H – Quality Conversion Services Table of contents 1. DEFINITIONS ............................................................................................................................... 2 2. OBJECT ......................................................................................................................................... 9 3. SUBSCRIPTION OF SERVICES.................................................................................................. 9 4. CONVERSION SERVICES ........................................................................................................ 12 5. CONVERSION SERVICES RIGHTS ......................................................................................... 13 6. ADDITIONAL CONVERSION SERVICES............................................................................... 14 7. CONVERSION SERVICES FEES .............................................................................................. 14 8. INVOICING AND PAYMENT ................................................................................................... 14 9. MEASUREMENT AND TESTING ............................................................................................ 15 10. OPERATING CONDITIONS AND QUALITY REQUIREMENTS .......................................... 17 11. WARRANTIES............................................................................................................................ 18 12. TERM AND TERMINATION OF CONVERSION SERVICES ................................................ 18 13. LIABILITIES ............................................................................................................................... 19 14. FORCE MAJEURE ..................................................................................................................... 21 Annexes Annex A: Templates A.1: Form of Conversion Services Request A.2: Form of Conversion Service Confirmation Annex B: Conversion Services Annex C: Conversion Operating Procedures Annex D: Specific Requirements at the Entry Point Transfo and the Supply Point Transfo MATRS 2007 – Attach. H (available as from 01.03.2011) 1 / 21 1. DEFINITIONS 1.1 Definitions The terms below shall have the following meaning in this Attachment H: “Additional Conversion Services” shall mean the services in addition to the Basic Conversion Services and consisting of, at the time of signature of the Attachment H, the Additional Start-Up service as provided for in Section 7 of this Attachment H. “Additional Start-Up Fee” shall mean the amounts, invoiced to and payable by the Grid User on a Monthly basis, for the Additional Start-Up(s) the Grid User has used under this Attachment H. “Additional Start-Up” shall mean any Start-Up used by the Grid User in addition to the seven (7) start-ups included in the Basic Conversion Services. “Aggregated Nominations” shall mean the sum of the Nominations submitted by the Grid User(s) acting on behalf of the Grid User and of all the other grid users. “Attachment H” shall mean this Quality Conversion Attachment H, consisting of the Sections of the Attachment H and all the Annexes, as amended from time to time. “Allocation Rules” shall mean the rules set out in the Conversion Operating Procedures (Annex C), describing how the Gas Allocation needs to be calculated on the basis of the Nominations and measured flows. “Allocation” shall mean the part, expressed in kWh, of the gas flow on a metering point which is allocated to the Grid User, based on the Allocation Rules. “Applicant” shall mean any person, who has shown an interest to obtain access to the Conversion System, by submitting a Conversion Services Request. “Sections of Attachment H” shall mean Sections 1 to 14 (inclusive) of this Attachment H. “Available Services” shall mean the part of the Conversion Services, expressed in normal cubic metres per hour (m³(n)/h), that has not been allocated and is still at the disposal of the Grid Users for subscription. “Basic Conversion Services” shall mean Conversion Services subscribed to under this Attachment H, consisting of the Firm Transfo Capacity, the Interruptible Transfo Capacity and the Firm Enrichment Capacity, including seven (7) start-ups. “Conversion Capacity Fee(s)” shall mean the amounts to be paid for the Conversion Services subscribed to under this Attachment H. “Conversion Commodity Fee(s)” shall mean the amounts, invoiced to and payable by the Grid User, for the quantities of L-Natural Gas that are (re)delivered by Transporter to the Grid User at the Entry Point Transfo during the Conversion Season, in accordance with Annex B of this Attachment H. MATRS 2007 – Attach. H (available as from 01.03.2011) 2 / 21 “Conversion Contract Year” shall mean a year as from the Conversion Start Date of this Attachment H until the anniversary date hereof. “Conversion Operating Procedures” shall mean the procedures described in Annex C including all appendices attached thereto as may from time to time be supplemented, amended in writing or otherwise modified by both Parties according to the provisions therein. “Conversion Operator” shall mean the owner and operator of the Conversion System. “Conversion Season” shall mean the period that starts at 06h00 of November 15th of each calendar year and ends at 06h00 of November 15th of the next calendar year, and of which the start and end date can be modified. “Conversion Service Confirmation” shall mean the form provided for in Annex A, duly completed in accordance with this Agreement and the Code of Conduct, by which the Transporter shall confirm to the Grid User the availability of the Conversion Services for which the Grid User has submitted a Conversion Services Request, i.e. a Conversion Service Confirmation for Quotation or a Conversion Service Confirmation for Contracting. “Conversion Services Confirmation for Contracting” or “CSCC” shall mean the form provided for in Annex A, duly completed in accordance with this Agreement and the Code of Conduct, by which the Transporter shall confirm to the Grid User the availability of the Conversion Services, for which the Grid User has submitted a Conversion Services Request Contracting. “Conversion Services Confirmation for Quotation” or “CSCQ” shall mean the form provided for in Annex A, duly completed in accordance with this Agreement and the Code of Conduct, by which the Transporter shall confirm to the Grid User or the Applicant the availability of the Conversion Services, for which the Grid User has submitted a Conversion Services Request Quotation. “Conversion Services Request for Contracting” or “CSRC” shall mean the form provided for in Annex A, duly completed in accordance with this Agreement and the Code of Conduct, which the Grid User shall use to submit a binding Request in accordance with Section 3 of this Attachment H. “Conversion Services Request for Quotation” or “CSRQ” shall mean the form provided for in Annex A, duly completed in accordance with this Agreement and the Code of Conduct, which the Grid User or the Applicant shall use to submit a non-binding Request in accordance with Section 3 of this Attachment H. “Conversion Services Request” shall mean the form provided for in Annex A, duly completed in accordance with this Agreement and the Code of Conduct, which the Grid User shall use to ask for Conversion Services, i.e. a Conversion Services Request for Quotation or a Conversion Services Request for Contracting. “Conversion Services Rights” shall mean the maximum Conversion Services the Grid User is entitled to under this Attachment H. MATRS 2007 – Attach. H (available as from 01.03.2011) 3 / 21 “Conversion Services” or “Services” shall mean the sum of the Basic Conversion Services and the Additional Conversion Services to which the Grid User can subscribe to under this Attachment H. “Conversion Start Date” shall mean 15 November 2009. “Conversion System” shall mean the Conversion System, owned and operated by the Transporter according to Section 4 of this Attachment H, which is an integral part of the Transport System. “Conversion” shall mean the process of converting H-Natural Gas into LNatural Gas following two processes: Transfo and/or Enrichment. “Correction Factor(s)” shall mean the factors the Subscribed Conversion Capacity must be multiplied with, in order to obtain the Real Conversion Capacity. “Due Date” shall mean the latest Day by which an invoice rendered under this Attachment H must be paid, which for the purposes of this Attachment H shall be the last Working Day of the Month in which such invoice was sent, unless specified otherwise, or, in case of manifest error, ten (10) Working Days from the date of the new invoice. “Enrichment” shall mean the injection of H-Natural Gas into the L-grid in order to produce L-Natural Gas by the Transporter in accordance with the Conversion Operating Procedures. “Enrichment Mode” shall mean the Operating Mode for Enrichment in accordance with the Conversion Operating Procedures. “Enrichment Start-Up Fee” shall mean the amounts, invoiced to and payable by the Grid User on a monthly basis, for the Enrichment Start-Up(s) as set out in Annex B. “Enrichment Start-Up” shall mean any enrichment start-up asked by the Grid User in accordance with the Conversion Operating Procedures. “Entry Point Transfo” shall mean the point agreed upon by the Parties as specified in the Conversion Operating Procedures, to which the Transporter shall (re)deliver L-Natural Gas converted through the Conversion System for off-take by Grid User. “Gas Allocation” shall mean the part of the gas flow on a metering point, expressed in kWh, which is allocated to the Grid User on behalf of the Conversion User, based on the Allocation Rules, as set out in the Conversion Operating Procedures. “Grid User Weekly Transport Notice” or “SWT” shall mean the Nomination program sent by the Grid User on behalf of the Conversion User to the Transporter to notify the latter of the flows to be realised on his behalf for the next week, in accordance with the Conversion Operating Procedures. “Grid User’s Daily Transport Notice” or “SDT” shall mean the Nomination program sent by the Grid User on behalf of the Conversion User to the Transporter to notify the latter of the flows to be realised on his behalf the next or the current Day, as the case may be, in case of a Renomination, in accordance with the Conversion Operating Procedures. MATRS 2007 – Attach. H (available as from 01.03.2011) 4 / 21 “Grid User’s Quality Deficient Gas Notice” or “SQD” shall mean the notice that is communicated by the Grid User on behalf of the Conversion User to the Transporter in case the Natural Gas to be delivered at the Supply Point Transfo is deficient, in accordance with the Conversion Operating Procedures. “Grid User’s Quality Deficient Gas Take Notice” or “TQT” shall mean the notice that is communicated by the Grid User on behalf of the Conversion User to the Transporter in case the Natural Gas to be delivered at the Entry Point Transfo is deficient, in accordance with the Conversion Operating Procedures. “H-Grid” shall mean the part of the Transport System dedicated to the transmission of H-Natural Gas. “H-Natural Gas” shall mean Natural Gas made available by the Grid User to be converted into L-Natural Gas by the Transporter under this Attachment H and complying with the specifications set out in Annex D. “L-Grid” shall mean the part of the Transport System dedicated to the transmission of L-Natural Gas. “L-Natural Gas” shall mean Natural Gas made available by the Transporter to the Grid User after conversion under this Attachment H and complying with the specifications set out in Annex D. “Maintenance” shall mean maintenance, repair or replacement works of the Conversion System or any part thereof. “Measurement and Testing Procedures” shall mean the procedures used to measure Natural Gas flow and Natural Gas quality, and to test measurement equipments at the Supply Point “Transfo” and at the Entry Point “Transfo”. These procedures can be obtained by the Grid User upon its request. “Minimum Nomination Period” shall mean the minimum amount of successive hours that the Grid User must nominate in Operational Mode Transfo or Operational Mode Enrichment; being one of the conditions set out in the Conversion Operating Procedures which need to be fulfilled for the validation of the Nominations. “Operating Balancing Agreement” or “OBA” shall mean an agreement between the Transporter and an adjacent TSO in order to settle the balancing modalities at a common point for both operators. “Operating Mode” shall mean the mode in which the Conversion System works for a given hour, in accordance with the Conversion Operating Procedures. “Primary Market” shall mean the market of Conversion Services which are directly offered by the Transporter. “Priority Applicant” shall mean in the first round, the Applicant for Conversion Services which has subscribed Transport Capacity to the Aggregated Receiving Stations on the L-Gas Transport System (MTSR SLP ). “Priority Grid User” shall mean in the first round of the Service Allocation a Grid User who has subscribed to Transport Capacity to Aggregated Receiving Stations on the L-Gas Transport System (MTSR SLP ). MATRS 2007 – Attach. H (available as from 01.03.2011) 5 / 21 “Real Conversion Capacity” or “RC” shall mean the Conversion Capacity at any point in the Contract Year when the Conversion System is in the Operating Mode Enrichment or Transfo, expressed in normal cubic metres per hour of L-Natural Gas (m³(n)/h), to which the Grid User is entitled under Section 6 of this Attachment H. “Regulated Conversion Tariffs” shall mean the tariffs for the Conversion Services as approved by the CREG in application of the Gas Act and the Tarification Royal Decree. “Renomination” shall mean a Nomination, expressed in kWh, which is made after 14:00 hours of the day before the Day and which replaces earlier Nominations for that Day according to the Conversion Operating Procedures. “Request(s)” shall mean the request to obtain access to the Conversion System by means of a Conversion Services Request Form. “Reservation” shall mean the provisional Service Allocation of a specific amount of services to a Grid User, before the Service Subscription by the Grid User. “Secondary Market” shall mean all the service transactions that do not take place on the Primary Market. “Service Allocation Rules” shall mean the rules which determine how Conversion Services are allocated to the different Applicants/ Grid Users, as set out in the Indicative Transport Programme. “Service Allocation” shall mean the Reservation, in accordance with the Service Allocation Rules, of the Available Services by the Transporter for grid users. “Service Subscription” shall mean the contracting of a Conversion Service by a Grid User, in accordance with Section 3 of this Attachment H. “Services Fee(s)” shall mean the amounts, expressed in EUR, invoiced to and payable by the Grid User for the Conversion Services subscribed under this Attachment H, as set out in Annex B of this Attachment H. “Services Matching Rules” shall mean the rules for Service Subscription in the Conversion System, taking into account the subscribed services in the Transport System of the corresponding Grid User, as set out in Annex B of this Attachment H. “Specific Requirements” shall mean the requirements of the Natural Gas (re)delivered at the Entry Point Transfo and the Supply Point Transfo, in accordance with Annex D of this Attachment H. “Standard Bundled Unit” shall mean the bundle of Conversion Services which are commercialized by the Transporter on a yearly basis. “Subscribed Conversion Capacity” shall mean the firm or interruptible Transfo capacity, or as the case may be, interruptible Enrichment capacity, expressed in m³(n)/h of L-Natural Gas, to which the Grid User has subscribed, in accordance with Annex B and Section 3 of this Attachment H. “Subscribed Firm Conversion Capacity” shall mean the Firm Conversion Capacity, expressed in m³(n)/h of L-Natural Gas, to which the Grid User has subscribed, in accordance with Annex B and Section 3 of this Attachment H. MATRS 2007 – Attach. H (available as from 01.03.2011) 6 / 21 “Subscribed Interruptible Conversion Capacity” shall mean the Interruptible Transfo Capacity, expressed in m³(n)/h of L-Natural Gas, to which the Grid User has subscribed, in accordance with Annex B and Section 3 of this Attachment H. “Subscribed Service” shall mean the Conversion Service, expressed in m³(n)/h of L-Natural Gas, subscribed by the Grid User according to this Attachment H, as stipulated in the CSCFC. “Supply Point Transfo” shall mean the point agreed upon by the Parties as specified in Annex C of this Attachment H, to which the Grid User shall redeliver H-Natural Gas for conversion into L-Natural Gas by the Transporter. “Test(s)” shall mean the test of the Conversion System as provided for in the Conversion Operating Procedures. “Total Monthly Conversion Fee” shall mean the sum of the Conversion Capacity Fee, the Conversion Commodity Fee, if applicable, the Additional Start-Up Fee and, if applicable, the Enrichment Start-Up Fee as provided for in Section 8.1 of this Attachment H. “Transfo Mode” shall mean the operating mode for Transfo in accordance with the Conversion Operating Procedures. “Transfo Season” shall mean the period of time which runs from 15 November until and including 31 March of the following calendar year and during which period the Operating Mode Transfo is available for the Grid User in accordance with the Annex C of this Attachment H. “Transfo” shall mean the injection of nitrogen and/or oxygen in H-Natural Gas in order to produce L-Natural Gas by the Transporter, in accordance with the Conversion Operating Procedures. “Transporter’s Daily Storage Notice” or “TDT” shall mean the confirmed daily nomination program notified by the Transporter to the Grid User acting on behalf of the Conversion User, in accordance with the Conversion Operating Procedures. “Transporter’s Emergency Interruption Notice” shall mean the notice that is communicated by the Transporter to the Grid User acting on behalf of the Conversion User, in case of Emergency, in accordance with the Conversion Operating Procedures. “Transporter’s End of Emergency Interruption Notice” shall mean the notice that is communicated by the Transporter to the Grid User acting on behalf of the Grid User, in case of end of Emergency, in accordance with the Conversion Operating Procedures. “Transporter’s End of Interruption Notice” shall mean the notice that is communicated by the Transporter to the Grid User acting on behalf of the Conversion User, in case of end of interruption, in accordance with the Conversion Operating Procedures. “Transporter’s Matching Notice” or “TMN” shall mean the notice used by the Transporter to provide the Grid User acting on behalf of the Conversion User, with matching information related to the initial Nomination issued at 14:00 hours. MATRS 2007 – Attach. H (available as from 01.03.2011) 7 / 21 “Transporter’s Quality Deficient Gas Notice” or “SQD” shall mean the notice that is communicated by the Transporter to the Grid User acting on behalf of the Conversion User, in case the Natural Gas to be delivered at the Entry Point Transfo is deficient, in accordance with the Conversion Operating Procedures. “Transporter’s Quality Deficient Gas Take Notice” or “TQT” shall mean the notice that is communicated by the Transporter to the Grid User acting on behalf of the Conversion User, in case the Natural Gas to be delivered at the Supply Point Transfo is deficient, in accordance with the Conversion Operating Procedures. “Transporter’s Weekly Storage Notice” or “TWT” shall mean the received weekly nomination program notified by the Transporter to the Grid User acting on behalf of the Conversion User, in accordance with the Conversion Operating Procedures. “Validation” shall mean the confirmation by the Transporter of a Nomination submitted by the Grid User, acting on behalf of the Conversion User in accordance with the provisions set out in the Conversion Operating Procedures. “Weekly Reduced availability Forecast” or “WRF” shall mean the report that is communicated on by the Transporter to the Grid User, in case of a reduction of the default Correction Factor(s) for the current and succeeding week or days, in accordance with the Conversion Operating Procedures. “Yearly Services” shall mean Conversion Services which are offered by the Transporter for a period of 12 consecutive months. ”Transporter” shall mean Fluxys NV, the company which operates the Transport System. 1.2 References to Sections and Annexes are to sections and Annexes of this Attachment H. 1.3 The headings to the Sections of Attachment H shall not affect their interpretation. 1.4 Annexes to this Attachment H shall be an integral part of this Attachment H. 1.5 In the event of any inconsistency or conflict between the Sections of Attachment H and the Annexes of this Attachment H, the following order of priority shall apply; (i) Sections 1 to 14 (including); then, (ii) Annex B – Conversion Services; then, (iii) Annex C – Operating Procedures; then, (iv) Conversion Service Confirmation Form; then, (v) Conversion Services Request Form; then, (vi) Annex D – Specific Requirements at the Supply Point Transfo and at the Entry Point Transfo; then, MATRS 2007 – Attach. H (available as from 01.03.2011) 8 / 21 Notwithstanding the above, in the event of a conflict between the provisions of this Attachment H and the terms contained in a Conversion Service Confirmation, the Conversion Service Confirmation will prevail to the extent matters are specifically and explicitly addressed in the Conversion Service Confirmation for the purposes of the relevant Conversion Services. 2. OBJECT The object of this Attachment H is to lay down the terms and conditions upon which Grid User will be able, on and from the Conversion Start Date, to use the Conversion Services it may subscribe to during any Contract Year and upon which Transporter shall perform the said Conversion Services. 3. 3.1 SUBSCRIPTION OF SERVICES Grid User may subscribe to Conversion Services through a procedure initiated by means of: (i) A non-binding request, being the Conversion Services Request for Quotation (CSRQ); or, (ii) A binding request, being the Conversion Services Request for Contract (CSRC). MATRS 2007 – Attach. H (available as from 01.03.2011) 9 / 21 3.2 Conversion Services Request Form for Quotation In case applicants and Grid Users wish to submit a request for quotation concerning the availability and/or pricing of Conversion Services, the following procedure is applicable: (i) The Applicant or Grid User sends to the Transporter by E-mail, fax or post a Conversion Services Request for Quotation; (ii) if the CSRQ has been duly filled out, the Transporter sends a confirmation of receipt of the request by fax or by post to the Applicant or the Grid User no later than five (5) Working Days after receiving the CSRQ. If the CSRQ has not been duly filled out, the Transporter will request the Applicant or Grid User by post or by fax to complete the missing information; (iii) after Transporter has confirmed receipt of the CSRQ, Transporter prepares the answer. The answer is sent by Transporter to the Applicant or to Grid User within ten (10) Working Days after receipt of the CSRQ by fax or by post: (a) if the requested Conversion Service is available, Transporter confirms this to the Applicant or to Grid User by fax or by post using the Conversion Services Confirmation for Quotation. This confirmation is not binding, i.e. no Conversion Service will be reserved for the Applicant /Grid User; (b) if the requested Conversion Service is not available, Transporter confirms this by post to the Applicant/Grid User. (iv) if the Applicant wishes to subscribe to the Conversion Services, the Applicant should sign the Attachment H and submit a CSRC (v) Transporter reserves the right: (a) not to examine Request(s) that are unreasonable in nature; and, (b) to extend the response period in case the Request is very complex or if applicants/Grid Users are sending a large number of Request(s) at the same time. 3.3 Conversion Services Request Form for Contract 3.3.1 The Transporter calculates after July 1st of each year the priority subscription rights for each entitled party for the next Conversion Season as set out in the Indicative Transport Programme and informs the potential priority applicants/Grid Users by letter about their priority subscription rights. 3.3.2 The potential Priority Applicant/Priority Grid User can confirm its interest in the Conversion Services by sending a CSRC. In this CSRC the quantity of requested Conversion Services are specified. The Priority Applicant/Priority Grid User must reply within an application window of ten (10) Working Days (unless specified otherwise) after receiving the letter which sets out their priority subscription rights. MATRS 2007 – Attach. H (available as from 01.03.2011) 10 / 21 Potential priority applicants/priority Grid Users that have confirmed their interest are registered as being a Priority Applicant/Priority Grid User. Potential priority applicants/Grid Users that do not reply or that respond too late are not considered any longer as being a Priority Applicant/Priority Grid User and as a consequence they no longer participate in the first round. 3.3.3 Transporter allocates the Conversion Services to the Priority Applicant/Grid User, taking into account the confirmations of all priority applicants/Grid Users in accordance with the Allocation Rules as set out in Annex B of this Attachment H. 3.3.4 No later than five (5) Working Days after the end-date of the first application window, (unless specified otherwise) Transporter confirms the allocated Conversion Services to the Priority Applicant/Priority Grid User and, where applicable, sends the Conversion Services Confirmation for Contracting: (i) in case the Conversion Services are allocated entirely during the first round, the applicable procedure continues as from point 3.3.5 hereunder. (ii) in case the Conversion Services are not allocated entirely, the procedure continues as from Section 3.3.5. In parallel, Transporter publishes the Conversion Services that are still available after the first round on its website to allow interested parties to subscribe to Conversion Services in a second round. Applicants/grid users can notify their interest to Transporter. The Allocation Rule is replaced by the Allocation principle “first committed, first served”. The applicable steps under this Section 3.3 are completed again. 3.3.5 The Applicant signs the CSCC and the Attachment H, and sends the duly signed documents to the Transporter within ten (10) Working Days after they were sent by the Transporter. If Transporter does not receive the signed documents within ten (10) Working Days, it will release the Conversion Services. Where this is the case, the Applicant or Grid User is charged a fee for each unconfirmed request, as specified in the Regulated Conversion Tariffs. 3.3.6 Transporter confirms receipt of the signed documents to the Applicant/Grid User. As from that moment, the allocated Conversion Services are considered to be subscribed. By way of confirmation of the subscription, Transporter sends a copy of the CSCC signed by both Parties to Grid User. 3.3.7 Grid User can start to use the Subscribed Conversion Capacity as from the Start Date of the CSCC and no earlier than two (2) Working Days after Transporter has received the CSCC duly signed by Grid User and all other required documents. MATRS 2007 – Attach. H (available as from 01.03.2011) 11 / 21 APPENDIX 1.1 3.4 Any Conversion Services shall only enter into force at the earliest two (2) Working Days after the date of receipt by Transporter of the signed Conversion Services Confirmation for Contracting conforming to Section 3.3. 3.5 Grid User has subscribed to the Conversion Services which are allocated as of the Conversion Start Date, in accordance with the Service Allocation Rules set out in the Indicative Transport Programme. 3.6 In case of application of the provisions of article 48 §4 of the Code of Conduct with regard to the Conversion Services subscribed by Grid User, the latter shall waive any and all recourse or claim against Transporter. 3.7 The Additional Start-Up service shall be asked by Grid User in accordance with the provisions of Section 6 of this Attachment H. 3.8 Services Matching Rules The subscribed Transport Capacity at the Entry Point Transfo and the subscribed Transport Capacity at the Supply Point Transfo are subject to the Services Matching Rules, as set out in the Indicative Transport Programme. The purpose of this rule is to ensure that the Transport Capacity subscribed at the Supply Point Transfo matches the Transport Capacity subscribed at the Entry Point Transfo, taking into account the quality conversion effect. 4. CONVERSION SERVICES 4.1 Subject to the terms and conditions hereunder, Transporter shall from the Conversion Start Date perform the Conversion Services, for the relevant service duration specified in the signed Conversion Services Confirmation for Contracting. 4.2 Following Nomination and Validation, Transporter shall, during each hour of the Day, in compliance with the specifications of Section 10: (i) off-take the quantities of H-Natural Gas made available by Grid User at the Supply Point Transfo; (ii) convert this H-Natural Gas into L-Natural Gas through the Conversion System; and, (iii) (re)deliver the quantities of L-Natural Gas to Grid User at the Entry Point Transfo. MATRS 2007 – Attach. H (available as from 01.03.2011) 12 / 21 4.3 Risks related to H-Natural Gas shall pass to Transporter at the Supply Point Transfo upon delivery by Grid User to Transporter. 4.4 Risks related to L-Natural Gas shall pass to Grid User at the Entry Point Transfo upon (re)delivery by Transporter to Grid User. 4.5 Subject to and without prejudice to the other provisions of this Attachment H, the Parties acknowledge and agree that: 5. (i) Transporter may convert H-Natural Gas of Grid User with HNatural Gas received from, inter alia, the Grid User; and, (ii) Transporter may (re)deliver L-Natural Gas to Grid User as part of the commingled stream with L-Natural Gas (re)delivered to, inter alia, the Grid User. CONVERSION SERVICES RIGHTS 5.1 Transporter shall, subject to all terms and conditions of this Attachment H, for each Conversion Service for the period and quantities set out in the signed Conversion Services Confirmation for Contracting, convert the HNatural Gas that is delivered by Grid User at the Supply Point Transfo into L-Natural Gas, following either the process of Transfo or Enrichment, and redeliver L-Natural Gas at the Entry Point Transfo to Grid User. 5.2 Nominations shall be made in accordance with the Conversion Operating Procedures, in order to use the Subscribed Firm Conversion Capacity and/or the Subscribed Interruptible Conversion Capacity. Transporter shall validate or reject such Nominations, in accordance with the Conversion Operating Procedures. In function of the Operating Mode and in accordance with the Conversion Operating Procedures, the Transporter calculates the Real Conversion Capacity. The Nominations shall not exceed, during any hour, the Real Conversion Capacity of Grid User. 5.3 Grid User shall ensure that Grid User shall comply with the Conversion Operating Procedures, amongst others the rules with regard to making Nominations. 5.4 Transporter has the right to interrupt the Conversion Services, in accordance with the interruption procedures in the Conversion Operating Procedures. 5.5 Transporter calculates the Allocations in accordance with the Conversion Operating Procedures. MATRS 2007 – Attach. H (available as from 01.03.2011) 13 / 21 6. ADDITIONAL CONVERSION SERVICES 6.1 Subject to the terms and conditions of Annex B, Transporter offers Additional Conversion Services which Grid User can subscribe, insofar as such Additional Services are available. An Additional Conversion Service entitles Grid User to request an Additional Start-Up in addition to the seven (7) start-ups included in the Basic Conversion Services. 6.2 Such an Additional Start-Up shall be requested by Grid User through Nominations, as set out in the Conversion Operating Procedures. After seven (7) start-ups during the considered Transfo Season, each start-up requested by Grid User will be considered as an Additional Start Up. 7. CONVERSION SERVICES FEES As from the Conversion Start Date, and insofar Grid User has subscribed Conversion Services under this Attachment H, a Total Monthly Fee consisting of: (i) the Conversion Capacity Fee; (ii) the Conversion Commodity Fee, if applicable; (iii) the Additional Start-Up Fee; and, if applicable, (iv) the Enrichment Start-Up Fee; expressed in Euros, shall be calculated and invoiced on a monthly basis according to the Regulated Conversion Tariffs as applicable from time to time in accordance with Annex B. 8. 8.1 INVOICING AND PAYMENT As from the Conversion Start Date, and insofar as Grid User has subscribed Conversion Services under this Attachment H, Transporter shall, on or about the 10th day of each Month render an invoice to Grid User showing: (i) the Total Monthly Conversion Fee calculated provisionally according to Section 8 of this Attachment H and Annex B to be paid by Grid User for the Conversion Services of the said Month and; (ii) any correction on the Total Monthly Conversion Fee paid for the previous three (3) months; and, (iii) any other amounts to be paid by Grid User for the previous eighteen (18) months. All invoices shall include a detailed calculation of the Total Monthly Conversion Fee, mentioning amongst others the Conversion Services, the pricing formula and the values of the relevant parameters and indexes if applicable, the invoicing date, the bank account information, the payment terms, the currency and the interest rates if applicable. MATRS 2007 – Attach. H (available as from 01.03.2011) 14 / 21 8.2 Such invoices may be rendered electronically or by telefax during normal office hours in which case the telefax shall as soon as practicable be confirmed by letter. The amounts of the invoices, consisting of Conversion Capacity Fees, Conversion Commodity Fees, Additional Start-Up Fees, Enrichment Start-Up Fees, shall be paid in EUR on the Due Date, except in so far manifest calculation errors have occurred, the residual part remaining due. 8.3 In the event that Transporter needs information from the Grid User in order to establish the invoices and Grid User has this information available, Grid User shall make available or shall cause to be made available this information to Transporter within ten (10) Working Days after being requested to do so by Transporter. 8.4 Without prejudice to Section 8.2, payment shall be deemed to have been made when the invoiced amount shall have been credited to Transporter’s bank and any account specified on the invoice. If no such bank account is specified on any invoice, then payment shall be made at the last specified bank account. 8.5 If at any time payment has not been made within the period specified in Section 8.2, Grid User shall pay to Transporter the invoiced amount plus daily interest for each day payment is overdue. Said daily interest shall be calculated in accordance with the EURIBOR three (3) months rate increased by two hundred (200) basis points. 8.6 If Grid User pays an invoice which subsequently turns out to be incorrect, Grid User shall have the right to claim a daily interest on such part of the invoice paid by the Grid User which had not been correctly invoiced, calculated in accordance with EURIBOR three (3) months rate but increased by one hundred (100) basis points for each day since payment has been made. In case of a manifest calculation error on the invoices, Grid User shall only be obliged to pay the amount after correction of such manifest calculation error and upon Attachment H by Transporter to such correction. 8.7 Any invoice not disputed within eighteen (18) Months after the Due Date for payment shall be considered as final between the Parties. 9. MEASUREMENT AND TESTING 9.1 General Grid User shall have the right to be represented by Grid User’s Conversion Representative with regard to Grid User’s rights concerning measurement and testing. All relevant details concerning measurement and testing are laid down in the Measurement and Testing Procedures on the basis of the principles set out hereinafter. 9.2 Standards The H-Natural Gas and L-Natural Gas shall be measured in accordance with the Measurement and Testing Procedures. MATRS 2007 – Attach. H (available as from 01.03.2011) 15 / 21 The applicable standards used in the context of this Attachment H and its implementation shall comply with the applicable regulations. The measurement and testing equipment shall be designed, operated and calibrated so that, at any time, known systematic errors can and shall be corrected. Such corrections shall be made on the basis of an Attachment H between the Parties. 9.3 Unit of measurement The unit of measurement shall be normal cubic meter at reference conditions and GCV expressed in kWh per m³(n). The quantity of Natural Gas made available by Grid User at the Supply Point Transfo shall be measured and computed by automatic equipment. The quantity Natural Gas made available by Transporter at the Entry Point Transfo shall be computed by automatic equipment. 9.4 Equipment Transporter shall, at the Supply Point Transfo, at its sole cost and expense, provide, maintain and operate or cause to be provided, maintained and operated all measurement and testing equipment which will be subject to applicable laws and regulations in force and relevant to the measurement and testing of Natural Gas. 9.5 Determination of Gross Calorific Value The GCV shall be measured by means, which are approved under applicable regulations as described in the Measurement and Testing Procedures. 9.6 Tests and correction of errors The accuracy of the measurement equipment provided or caused to be provided by the Transporter at the Supply Point Transfo shall be verified by Transporter at reasonable intervals as set forth in Measurement and Testing Procedures. Grid User shall have the right to attend such verifications. All tests of such measurement equipment shall be made at Transporter’s expense. If any error in measurement equipment is found to exceed the technical tolerance, which shall in any case be lower than one decimal zero (1,0) per cent, as described in Measurement and Testing Procedures, then any previous recordings of such equipment shall be corrected to zero (0) error for any period which is known definitely, or agreed upon, but in case the period is not known or agreed upon, such corrections shall be for a period extending over one-half of the time elapsed since the date of the last test, or another correction period specified in Measurement and Testing Procedures. Following each test, the measurement equipment shall be adjusted if found to be necessary to record. If, for any reason, the quantity of the H-Natural Gas made available at the Supply Point Transfo and/or the quantity of the L-Natural Gas made available at the Entry Point Transfo cannot be ascertained, the H-Natural MATRS 2007 – Attach. H (available as from 01.03.2011) 16 / 21 Gas and/or the L-Natural Gas made available during such period shall be determined upon the basis of the best data available, using only the first feasible method of those listed hereunder in which order they appear below: 10. 10.1 (i) by using the registration of any check measurement equipment if installed and accurately measuring; (ii) by adjusting for the error, if the extent of the error is ascertainable by calibration, test or mathematical calculation; or, (iii) by estimation on the basis of deliveries made during preceding periods under similar conditions when the equipment was registering accurately. For the purpose of said estimation, the Parties may agree upon using data from measurements not being performed by the equipment provided under Section 9.4. OPERATING CONDITIONS AND QUALITY REQUIREMENTS Switching from Operating Mode The decision to switch between Operating Mode Stop, Enrichment and Transfo shall be made by Transporter at its sole discretion and in accordance with the Conversion Operating Procedures. 10.2 Emergency In case of Emergency or if at least one of the limits specified in the legal authorisations referred to under Section 4.2 of this Attachment H would be reached, Transporter, acting as Reasonable and Prudent Operator, shall have the right to impose all necessary actions to Grid User, such as mandatory Conversion or (complete or partial) interruption of Conversion, as specified in the Conversion Operating Procedures. 10.3 Quality requirements 10.3.1 Provided that the H-Natural Gas delivered by Grid User at the Supply Point Transfo complies with the Specific Requirements as set forth in Annex D, Transporter shall (re)deliver at the Entry Point Transfo, L-Natural Gas which meets the Specific Requirements as specified in Annex D, except in case of Emergency. 10.3.2 Compliance with the applicable Specific Requirements in Annex D shall be determined according to the standard test methods as described in the Measurement and Testing Procedures. Grid User shall have the right to be represented by Grid User’s Representative with regard to the Grid User’s rights concerning any quality determination at the metering facilities performed by or on behalf of the Transporter. 10.3.3 If the H-Natural Gas made available by Grid User at the Supply Point Transfo does not comply with the Specific Requirements set forth in Annex D, Transporter shall have the right to refuse wholly or partly such H-Natural Gas for Conversion Services under this Attachment H. MATRS 2007 – Attach. H (available as from 01.03.2011) 17 / 21 10.3.4 If the L-Natural Gas made available by Transporter at the Entry Point Transfo does not comply with the Specific Requirements as set forth Annex D and provided that the H-Natural Gas delivered by Grid User at the Supply Point Transfo complies with the Specific Requirements as set forth in Annex D, then Transporter shall notify Grid User as soon as possible of the said deviation, and Grid User shall have the right to refuse wholly or partly such L-Natural Gas for (re)delivery under this Attachment H in accordance with the Conversion Operating Procedures, but Grid User shall use its reasonable efforts to accept it. 10.3.5 If Transporter redelivers Natural Gas at the Entry Point Transfo, which for reasons other than Force Majeure, does not comply with the Specific Requirements as set forth in Annex D and the quality of this Natural Gas has not been accepted or requested as such by Grid User and provided that the Natural Gas delivered by Grid User at the Supply Point Transfo complies with the Specific Requirements as set forth in Annex D, Transporter shall, subject to Section 13 of the Attachment H, indemnify Grid User, for all reasonable direct costs, expenses and other losses related to the noncompliance by Transporter with the Natural Gas Specific Requirements, whilst the Grid User must take all reasonable measures to minimize said costs, expenses and losses. 10.3.6 In case Grid User refuses to take redelivery of Natural Gas which for reason of Force Majeure does not comply with the Specific Requirements as set forth in Section 10 and provided that the Natural Gas delivered by Grid User at the Supply Point Transfo complies with the Specific Requirements as set forth in Section 10, Grid User and Transporter will cooperate to dispose of the said Natural Gas. 11. WARRANTIES 11.1 Grid User warrants the title to all H-Natural Gas delivered by it or for its account at the Supply Point Transfo to Transporter for Conversion Services hereunder, and that such H-Natural Gas is free from all liens, claims, assessments and encumbrances of any kind or nature. 11.2 Transporter warrants that the L-Natural Gas (re)delivered to Grid User at the Entry Point Transfo shall be free from all liens, claims, assessments and encumbrances of any kind or nature. 12. 12.1 TERM AND TERMINATION OF CONVERSION SERVICES Term of Conversion Services Each Conversion Service subscribed by Grid User under this Attachment H shall have the duration set out in the signed Conversion Services Confirmation for Contracting. 12.2 Suspension of Conversion Services Without prejudice to Section 12.3, in the event Grid User has failed to pay any invoice for the Conversion Services within the time period referenced in Section 8.2: MATRS 2007 – Attach. H (available as from 01.03.2011) 18 / 21 (i) within 5 (five) Working Days as from receipt by Grid User of a notice from Transporter hereto, Transporter shall be entitled to suspend provision of the Conversion Services related to the invoices not paid for as long as such invoice remains unpaid; and, (ii) such suspension shall not constitute a failure by Transporter to provide Conversion Services to Grid User under this Attachment H and Grid User shall have no rights in respect of such suspended and/or terminated Conversion Services. 12.3 Expiry and Termination of Conversion Services 12.3.1 Expiry of Conversion Services Save for renewal in accordance with the procedure of Section 3, each Conversion Service shall expire automatically at the end date specified in the signed Conversion Services Confirmation for Contracting for the said Conversion Service. 12.3.2 Termination of Conversion Services by Grid User Grid User shall be entitled to terminate a Conversion Service at any time subject to the payment to the Transporter of an indemnity corresponding to: (i) 95% (ninety-five percent) of the total amounts (calculated on the basis of tariffs linked to capacity subscription, excluding conditions for the use to be invoiced for the relevant Conversion Services for the remaining term of the said Conversion Services if the said term exceeds nine (9) Months; or, (ii) 100% (one hundred percent) of the total amounts (calculated on the basis of tariffs linked to capacity subscription, excluding conditions for the use to be invoiced under the relevant Conversion Services for the remaining term of the Conversion Services if the said term is less then nine (9) Months. 12.3.3 Termination of Conversion Services by Transporter Transporter shall be entitled to terminate any Conversion Service, which has been suspended by Transporter pursuant to and in accordance with Section 12.2 and remains unpaid for more than 10 (ten ) Working Days. 13. 13.1 LIABILITIES General Notwithstanding Article 13, the circumstances under which a Party may be held liable under this Attachment H are listed exhaustively in Section 13 and shall apply for any rights, claims or indemnifications to which the other Party may be entitled to regardless of the circumstances under which they arose. 13.2 Limitation of liability MATRS 2007 – Attach. H (available as from 01.03.2011) 19 / 21 13.2.1 Except in case of wilful misconduct (Dutch: “opzettelijke fout”) or fraud (Dutch: “bedrog”), a Party shall only be liable towards the other Party for Direct Damages. Any other damages, such as loss of use, loss of income, loss of production, loss of profit or interest and any Indirect Damages are expressly excluded. 13.2.2 Maximum liability Except in case of wilful misconduct (Dutch: “opzettelijke fout”) or fraud (Dutch: “bedrog”), a Party’s aggregate liability under this Attachment H shall be limited per event to five percent (5%) and per Contract Year to ten percent (10%) of the fees for the Conversion Services subscribed by Grid User over the previous twelve (12) Months, without such limitation in both cases exceeding five hundred thousend Euros (EUR 500 000). 13.2.3 In case Transporter would indemnify an End User, being a client of the Grid User, the Transporter shall inform the Grid User in writing of the amount paid to such End User. It is understood that Transporter shall in any case never pay twice for the damages suffered by any and all End User(s) by paying the same damages to Grid User and also to any End User. MATRS 2007 – Attach. H (available as from 01.03.2011) 20 / 21 13.3 Hold harmless Each Party shall indemnify, hold harmless and defend the other Party from and against any claim, demand, cause of action, expense or liability whatsoever (including, but not limited to the costs of litigation, and whether arising in contract or otherwise), from or in respect of any third party, to the extent to which such claim, demand, cause of action, expense or liability results from or is caused by the actions or omissions of the first named Party. 13.4 Waiver Except in case of wilful misconduct (Dutch: “opzettelijke fout”), gross negligence (Dutch: “grove nalatigheid”) or fraud (Dutch: “bedrog”), the Parties agree to mutually waive any claim they may have against each other for death and/or personal injury suffered by their personnel or their proxy holders. Furthermore, the Parties shall cause their insurers to accept this waiver of recourse and to incorporate it in their insurance policies. The Parties shall cause their insurers to waive their rights of recourse or subrogation they may have against the other Party, in accordance with the provisions of this Article 13 regarding liability and damages. 14. FORCE MAJEURE Notwithstanding Article 14, in no event shall an event of Force Majeure affecting the Conversion System give rise to a right for: 1) either Party to terminate the MATRS or any Service subscribed under the MATRS; 2) Grid User to have any fees under the MATRS (other than the Conversion Services Fee(s)) reduced or waived. MATRS 2007 – Attach. H (available as from 01.03.2011) 21 / 21 APPENDIX 1.2 ATTACHMENT H – Annex A Templates A.1: Services Request Form A.2: Services Confirmation Form MATRS 2007 – Attach. H (available as from 01.03.2011) 1/5 A.1 Conversion Service Request Form (CSRFC / CSRFQ) 2/5 3/5 Country: Zip: Street: Mobile: Email: Mobile: Email: Contact person: Phone: Fax: Mobile: Email: Contact person: Phone: Fax: Mobile: Email: Contact information: Fax: Fax: Contact information: Phone: Phone: Administration Contact information: Finance Operational Your Reference: Contact person: Commercial City: Conversion User name: Date: Type: Contact person: Contact information: Address: Name: General adress information: Conversion User profile Page 2/3 A.1 - Conversion Services Request Form 4/5 A.2 Conversion Services Confirmation Form 5/5 APPENDIX 1.3 ATTACHMENT H – Annex B Conversion Services TABLE OF CONTENTS 1 INTERPRETATION OF THE ANNEX B 2 2 CONVERSION SERVICES 2 3 CONVERSION SERVICES PRIORITY ALLOCATION RULES 2 4 CONVERSION FEES 3 4.1 Conversion Capacity Fee 3 4.2 Conversion Commodity Fee 3 4.3 Additional Start-Up Fee 3 4.4 Enrichment Start-Up Fee 3 4.5 Monthly Service Fee for Assignments 4 MATRS 2007 – Attach. H (available as from 01.03.2011) 1/4 1 INTERPRETATION OF ANNEX B In this Annex: all references to a clause, unless specified otherwise, are references to a clause in this Annex; references to a paragraph are references to a paragraph in this Annex; all terms and names are to be interpreted according to the list of definitions in the Articles of Agreement; the layout, heading and table of contents are only for the benefit of the reader and are inconsequential as regards the interpretation of content of this Annex; the description of rules, conditions and provisions only relates to the Conversion Services. 2 CONVERSION SERVICES On the primary market, the Conversion Operator only offers Yearly Services, which are offered for a period starting on 15/11/n until and including 14/11/n+1. The Conversion User has to subscribe the Conversion Services in standard bundled units. A standard bundled unit consists of the following Conversion Services: Firm Transfo Capacity, Interruptible Transfo Capacity, and Firm Enrichment Capacity. One (1) standard bundled unit is composed of: Firm Transfo Capacity Interruptible Transfo Capacity Firm Enrichment Capacity 1 m³(n)/h 1 0.0875 m³(n)/h 1 0.075 m³(n)/h 1 3 CONVERSION SERVICES PRIORITY ALLOCATION RULES The Conversion Services are allocated as set out in the Indicative Transport Programme. Every year, during the month October before the start date of the Conversion Season, the Conversion Operator informs the market of the detailed calendar relating to the subscription procedure. 1 Expressed in m³(n)/h L-Natural Gas MATRS 2007 – Attach. H (available as from 01.03.2011) 2/4 4 CONVERSION FEES 4.1 Conversion Capacity Fee The Conversion Capacity Fee is invoiced monthly, during the second half of the considered Month. The Conversion Capacity Fee equals: the applicable Regulated Tariff(s) for the capacity term as specified in the Regulated Tariffs; multiplied respectively the by Subscribed Firm Transfo Capacity or by the Subscribed Interruptible Transfo Capacity; multiplied by the number of days of the considered Month; divided by the number of Days in the Contract Year. 4.2 Conversion Commodity Fee The Conversion Commodity Fee is invoiced monthly, one month after the considered Month. The Conversion Commodity Fee equals: the Regulated Tariff for the commodity term as specified in the Regulated Tariffs; multiplied by the confirmed Nominations in Transfo Mode of the Conversion User on the Entry Point Transfo during the considered Month. The Operating Mode is determined as set out in section 3 of the Operating Procedures. 4.3 Additional Start-Up Fee The Additional Start-Up Fee is invoiced after the Transfo Season, by the end of June. The Additional Start-Up Fee equals: the Regulated Tariff for an Additional Start-Up; multiplied by the number of Additional Start-Ups requested by Conversion User. The number of Additional Start-Ups is determined as set out in paragraph 4.2.3.5 of the Operating Procedures. 4.4 Enrichment Start-Up Fee Please note that, at the signature date of this Agreement, no Regulated Tariff existed for Enrichment Start-Ups. As a consequence, no Enrichment Start-Up Fees are invoiced. MATRS 2007 – Attach. H (available as from 01.03.2011) 3/4 As soon as there is a Regulated Tariff for Enrichment Start-Ups, the Conversion Operator will inform the Conversion User thereof, and the Enrichment Start-Ups will be invoiced according to the Regulated Tariff. 4.5 Monthly Service Fee for Assignments The monthly Service Fee for the Service Assignments on the Secondary Market equals: the Regulated Tariff for one (1) Assignment as specified in the Regulated Tariffs, multiplied by the number of Assignments in which the Conversion User was a Party during the considered Month. MATRS 2007 – Attach. H (available as from 01.03.2011) 4/4 APPENDIX 1.4 ATTACHMENT H – Annex C Operating Procedures for Conversion Services Table of contents 1. List of variables and parameters .................................................................................... 3 2. General provisions ......................................................................................................... 6 2.1. General.................................................................................................................. 6 2.1.1. General provisions about the Operating Procedures ............................... 6 2.1.2. Time reference......................................................................................... 6 2.1.3. Contractual information’s communication and notification ................... 6 2.2. Transmission protocol .......................................................................................... 6 2.3. Operational model ................................................................................................ 7 3. Subscribed and Real Capacity........................................................................................ 8 3.1.1. 3.1.2. 3.1.3. 4. Temperature reference............................................................................. 8 3.1.1.1. Daily forecasted Equivalent Temperature .................................. 8 3.1.1.2. Temperature publication ............................................................ 8 Real Capacity and Correction Factors ..................................................... 8 3.1.2.1. Influences on the Real Conversion Capacity (Correction Factors)....................................................................................... 8 3.1.2.1.1. Demand Factor in Transfo Mode and Enrichment Mode .......................................................................................... 8 3.1.2.1.2. Limitations in Transfo Mode.............................................. 10 3.1.2.1.3. Interruptible Capacity in Transfo Mode ............................. 10 3.1.2.1.4. Maintenance factor in Enrichment Mode ........................... 10 3.1.2.2. Calculation of the Real Conversion Capacity .......................... 11 3.1.2.2.1. Real Conversion Capacity in Transfo Mode ...................... 11 3.1.2.2.2. Real Conversion Capacity in Enrichment Mode ................ 11 Interruptions .......................................................................................... 11 Nominations and Gas Allocation ................................................................................. 12 4.1. General................................................................................................................ 12 4.2. Nomination system ............................................................................................. 12 4.3. Nomination validation ........................................................................................ 12 4.3.1. Matching procedure............................................................................... 12 4.3.2. Capacity check ...................................................................................... 13 4.3.3. Other conditions for the Nomination validation ................................... 13 4.3.3.1. In Transfo Mode....................................................................... 13 4.3.3.2. In Enrichment Mode ................................................................ 13 MATRS 2007 – Attach. H (available as from 01.03.2011) 1 / 26 APPENDIX 1.4 4.3.3.3. Nomination profile limitation .................................................. 14 4.3.4. Nomination and Start-Up of the Conversion System ............................ 14 4.3.4.1. In Transfo Mode....................................................................... 14 4.3.4.2. In Enrichment Mode ................................................................ 14 4.4. Allocation procedures ......................................................................................... 15 4.4.1. Principles ............................................................................................... 15 4.4.2. Types of Allocations ............................................................................. 15 4.4.3. Measurements ........................................................................................ 15 4.4.4. Allocation process ................................................................................. 16 4.4.4.1. Nominations ............................................................................. 16 4.4.4.2. Allocation Rules at the Supply and Entry Point ...................... 16 4.4.4.3. Supply and Entry Point Allocations ......................................... 16 4.4.4.4. Communication Channels ........................................................ 17 4.4.5. Reporting ............................................................................................... 17 5. Capacity constraints procedures................................................................................... 18 5.1. Interruption procedure at the Conversion System .............................................. 18 5.1.1. Standard interruption procedure (for interruptible Capacity) ............... 18 5.1.2. Emergency interruption procedure ........................................................ 19 6. Gas quality procedure .................................................................................................. 20 7. Operating Mode switching procedure .......................................................................... 20 7.1. General................................................................................................................ 20 7.2. Transfo Season ................................................................................................... 20 7.3. Switching of Operating Mode ............................................................................ 20 8. Tests ............................................................................................................................. 21 9. Maintenance procedures .............................................................................................. 22 9.1. General................................................................................................................ 22 9.2. Planned Maintenance.......................................................................................... 22 9.2.1. Yearly Maintenance program ................................................................ 22 9.2.2. Confirmation of the Maintenance during the year ................................ 22 9.2.3. Short-term Planned maintenance........................................................... 22 9.3. Unforeseeable Maintenance ............................................................................... 23 Appendix A – Emergency templates A.1. Transporter’s Emergency Interruption Notice A.2. Transporter’s End of Emergency Interruption Notice Appendix B – Reduction templates B.1. Weekly Reduced Availability Forecast MATRS 2007 – Attach. H (available as from 01.03.2011) 2 / 26 APPENDIX 1.4 List of variables and parameters This section lists the variables and parameters used in this document, sorted by alphabetic order. The complete definition and the way to use the variables and parameters are included in the core of the document. The variables and parameters used in this document are listed hereunder: C e, min Minimum Conversion Capacity in Enrichment Mode – fixed value; technical minimum capacity of the Conversion System in Enrichment Mode; expressed in m³(n)/h of L-Natural Gas. C t, min Minimum Conversion Capacity in Transfo Mode – fixed value; technical minimum capacity of the Conversion System in Transfo Mode; expressed in m³(n)/h of L-Natural Gas. DF Demand Factor – value between 0 and 100%; factor which affects the Real Conversion Capacity, as provided for in paragraph 2.1.2. EEA h Entry Energy (provisional) Allocation – hourly value for the Grid User and all other grid users at the Entry Point Transfo; expressed in kWh/h. EEA' h Entry Energy (definitive) Allocation – hourly value for the Grid User and all other grid users at the Entry Point Transfo; expressed in kWh/h. EEM h Entry Energy (provisional) Measurement – hourly value at the Entry Point Transfo; expressed in kWh/h. EEM' h Entry Energy (definitive) Measurement – hourly value at the Entry Point Transfo; expressed in kWh/h. EEN h Entry Energy (initial) Nomination – hourly value for the Grid User and all other grid users at the Entry Point Transfo; expressed in kWh/h. EEN' h Entry Energy (last) Nomination – hourly value for the Grid User and all other grid users at the Entry Point Transfo; expressed in kWh/h EEMN' h Entry Energy (last) Matched Nomination – hourly value for the Grid User and all other grid users at the Entry Point Transfo; expressed in kWh/h. EVA h Entry Volume (provisional) Allocation – hourly value for the Grid User and all other grid users at the Entry Point Transfo; expressed in m³(n)/h. MATRS 2007 – Attach. H (available as from 01.03.2011) 3 / 26 APPENDIX 1.4 EVA' h Entry Volume (definitive) Allocation – hourly value for the Grid User and all other grid users at the Entry Point Transfo; expressed in m³(n)/h. EVM h Entry Volume (provisional) Measurement – hourly value at the Entry Point Transfo; expressed in m³(n)/h. EVM' h Entry Volume (definitive) Measurement – hourly value at the Entry Point Transfo; expressed in m³(n)/h. FC s Subscribed Firm Conversion Capacity– fixed value per Grid User; expressed in m³(n)/h of L-Natural Gas, as provided for in Attachment H of the Agreement. GCV h Gross Calorific Value – (provisional) hourly value at the Entry Point Transfo; expressed in kWh/m³(n)/h. GCV’ h Gross Calorific Value – (definitive) hourly value at the Entry Point Transfo; expressed in kWh/m³(n)/h. IC s Subscribed Interruptible Conversion Capacity– fixed value per Grid User; expressed in m³(n)/h of L-Natural Gas, as provided for in Attachment H of the Agreement. RC e Real Conversion Capacity in Enrichment Mode– hourly value per Grid User; expressed in m³(n)/h of L-Natural Gas, as provided for in paragraph 2.1.2.2. RC t Real Conversion Capacity in Transfo Mode– hourly value per Grid User; expressed in m³(n)/h of L-Natural Gas, as provided for in paragraph 2.1.2.2. SEA h Supply Energy (provisional) Allocation – hourly value for the Grid User and all other grid users at the Supply Point Transfo; expressed in kWh. SEA' h Supply Energy (definitive) Allocation – hourly value for the Grid User and all other grid users at the Supply Point Transfo; expressed in kWh/h. SEM h Supply Energy (provisional) Measurement – hourly value at the Supply Point Transfo; expressed in kWh/h. SEM' h Supply Energy (definitive) Measurement – hourly value at the Supply Point Transfo; expressed in kWh/h. SEN h Supply Energy (initial) Nomination – hourly value for the Grid User and all other grid users at the Supply Point Transfo; expressed in kWh/h. MATRS 2007 – Attach. H (available as from 01.03.2011) 4 / 26 APPENDIX 1.4 SEN' h Supply Energy (last) Nomination – hourly value for the Grid User and all other grid users at the Supply Point Transfo; expressed in kWh/h. SEMN' h Supply Energy (last) Matched Nomination – hourly value for the Grid User and all other grid users at the Supply Point Transfo; expressed in kWh/h. SVA h Supply Volume (provisional) Allocation – hourly value for the Grid User and all other grid users at the Supply Point Transfo; expressed in m³(n)/h. SVA' h Supply Volume (definitive) Allocation – hourly value for the Grid User and all other grid users at the Supply Point Transfo; expressed in m³(n)/h. SVM h Supply Volume (provisional) Measurement – hourly value at the Supply Point Transfo; expressed in m³(n)/h. SVM' h Supply Volume (definitive) Measurement – hourly value at the Supply Point Transfo; expressed in m³(n)/h. t° d Temperature – daily value; expressed in °C; average temperature at Uccle for Day d; equal to 1/24 (or 1/23 or 1/25 on winter / summer time changes) of the sum of the hourly temperatures at Uccle from 06:00 hours of Day d to 05:59 hours of Day d+1. t° d,eq,f Daily forecasted Equivalent Temperature– daily value; expressed in °C as provided for in paragraph 2.1.1. t° d,,f Daily forecasted Temperature: – daily value; expressed in °C; is the t° d calculated with the forecasted data from Ukkel using the method for the calculation of the Daily Temperature(t° d). t° d,,r Daily realized Temperature: – daily value; expressed in °C; is the t° d calculated with the realized data from Ukkel using the method for the calculation of the Daily Temperature(t° d). MF e Maintenance Factor Enrichment – value between 0 and 100%; factor which affects the Real Enrichment Capacity, as provided for in paragraph 2.1.2 . MATRS 2007 – Attach. H (available as from 01.03.2011) 5 / 26 APPENDIX 1.4 1. General provisions 1.1. General 1.1.1. General provisions about the Operating Procedures These Operating Procedures specify the actions to be taken by Grid User and Transporter in order to convert the H-Natural Gas into L-Natural Gas through the Conversion System. If either Party so requests, the Parties shall meet to discuss in good faith the need for amending these Operating Procedures. Transporter shall use its reasonable efforts to take the proposals of Grid User into account. Any agreed modification of and/or addition to these Operating Procedures shall be made in writing. These Operating Procedures shall, subject to the paragraph hereunder, remain in force until this Agreement has terminated. 1.1.2. Time reference Any reference to time shall be construed as whatever time shall be in force in Belgium. Any reference to time shall be written as hh:mm hours, where hh is the hour number between 0 and 23 and mm is the minute’s number between 0 and 59. No indication am or pm will be provided. 1.1.3. Contractual information’s communication and notification Any communication and notification of contractual information (Nominations, Gas allocations, interruption…) concerning the Supply Point Transfo and the Entry Point Transfo on the Conversion System is made through the IT interfaces of the Transporter. Other communication channels (fax, telephone, e-mail,…) can also be used for some parts of the communication by the Transport Operator and the Grid User. The Website for the Conversion System is facilitated on the Transporter Operator’s website www.fluxys.com 1.2. Transmission protocol The protocol, to be used for exchanging contractual data and dispatching information, shall be Edig@s (Electronic Data Interchange EDIFACT). MATRS 2007 – Attach. H (available as from 01.03.2011) 6 / 26 APPENDIX 1.4 1.3. Operational model The operational model that is used for managing the Conversion Services consists of the following elements (see figure below): - the Conversion System - the Transport System on the side of the H-Grid - the Supply Point Transfo (on the side of the H-grid) - the Entry Point Transfo (on the side of the L-grid) - the Transport System on the side of the L-Grid. Transport System on H-Grid Gas Flow Transport System on L-Grid Conversion System Supply Point Transfo Entry Point Transfo The Transport System on H-Grid side: this is Transporter's upstream Transport System to which the Conversion System is connected. The Grid User on the H-Grid Transport System can deliver Natural Gas at the Supply Point Transfo. The Transport System on L-Grid side: this is Transporter's downstream Transport System to which the Conversion System is connected. The Grid User on the L-Grid Transport System can offtake Natural Gas at the Entry Point Transfo. The Supply Point Transfo on the H-Grid side: this is the interconnection flange between the H-Grid and the Conversion System. It is at this point that the Grid Users offtake Natural Gas for Conversion from the Grid User active at that point. The Entry Point Transfo on the L-Grid side: this is the interconnection flange between the Conversion System and the L-Grid. It is at this point that the Grid User active at that point can offtake Natural Gas from the Grid User. Conversion System: this is the conceptual name aggregating all the technical facilities where the Transporter operates the quality conversion for Grid Users and where the Transporter offers its Conversion Services. MATRS 2007 – Attach. H (available as from 01.03.2011) 7 / 26 APPENDIX 1.4 2. Subscribed and Real Capacity 2.1.1. Temperature reference 2.1.1.1. Daily forecasted Equivalent Temperature The Daily forecasted Equivalent Temperature t° d, eq,f for Day d is defined as the sum of 60 % of the temperature of Day d, 30 % of the temperature of Day d-1 r and 10 % of temperature of Day d-2 r: t ° d , eq , f = 0.6 t ° d , f + 0.3 t ° d −1,r + 0.1 t ° d − 2,r 2.1.1.2. Temperature publication The temperatures are calculated every day, and published at 13:15 hours on the Transporters website giving, for each Day d of Month m, the forecast and real daily equivalent temperatures at Ukkel. - the Daily forecasted Equivalent Temperature t° d,eq f 2.1.2. Real Capacity and Correction Factors The Real Capacity is the part of the Subscribed Conversion Capacity the Grid User that is available to the Grid User in a certain Operating Mode and which he can use for the Nominations, as described in paragraph 2.1.2.2. There is a distinction between the: 2.1.2.1. - The Real Conversion Capacity in Transfo Mode - The Real Conversion Capacity in Enrichment Mode Influences on the Real Conversion Capacity (Correction Factors) The Real Capacity is determined by: 2.1.2.1.1. • • Demand Factor in Transfo Mode and Enrichment Mode The level of Natural Gas offtake in the region of Antwerp which can be stated in the Demand Factor. The default Demand Factor with the default Operating Mode (as provided for in the table hereunder) are also published on the website of the Transporter (on behalf of the Conversion Operator). In case of changes in the default Demand Factor, it is communicated by the Transporter to the Grid User by a revised publication on the Transporters website. In case the level of Natural Gas offtake in the region of Antwerp, within Day, results in a different Demand Factor then the default Demand Factor based on the Daily forecasted Equivalent Temperature Day ahead (as described in paragraph 2.1.1) , the Conversion Operator can send a Weekly Reduced Availability Report with a adapted Demand Factor for the concerning Day. MATRS 2007 – Attach. H (available as from 01.03.2011) 8 / 26 APPENDIX 1.4 Transfo Mode t° d,eq f Demand Factor (DF) Operating Mode 2°C<= t° d,eq f <5°C 25% Transfo Mode* (max 10 days) 0°C<= t° d,eq f <2°C 50% Transfo Mode* -5°C<= t° d,eq f <0°C 91% Transfo Mode* 100% Transfo Mode* t° d,eq f <-5°C * In case the Aggregated forward Nomination is >= 40 000 m³(n)/h, the Operating Mode will be the Transfo Mode under the applicable rules in paragraph 6.3. Enrichment Mode t° d,eq f t° d,eq f >=16°C Demand Factor (DF) Operating Mode 2% Enrichment Mode 5°C<= t° d,eq f <16°C 7.5% Enrichment Mode 2°C<= t° d,eq f <5°C 7.5% Enrichment Mode 0°C<= t° d,eq f <2°C 7.5% Enrichment Mode -5°C<= t° d,eq f <0°C 7.5% Enrichment Mode 7.5% Enrichment Mode t° d,eq f <-5°C MATRS 2007 – Attach. H (available as from 01.03.2011) 9 / 26 APPENDIX 1.4 2.1.2.1.2. • • 2.1.2.1.3. • 2.1.2.1.4. • Limitations in Transfo Mode The total number of running Days operating the Conversion System in Transfo Mode under the condition “2°C <= t° d,eq,f <5°C” is limited to ten (10) running Days. - Each Grid User will have the right to use a quota of the ten (10) running Days proportional to the Grid Users’ Subscribed Conversion Capacity, - A nomination by the Grid User of less then one gas Day will account for, either one running Day, or the remaining hours of a running Day in case the number of remaining hours is less then 24 hours, - In case the Grid User has reached his quota of running Days, the Conversion Operator shall set the Real Conversion Capacity in of the Grid User at zero, at the hour the quota has been reached, - However, in case other grid users make use of the Transfo within their quota of running Days by means of their Confirmed Nominations, the Grid User may also make use of the Transfo, providing the Conversion System is maintained in the Transfo Mode by means of the confirmed Nominations of the other grid users; In case the grid users request more than total number of ten (10) running Days in Transfo Mode under these conditions, the Conversion Operator will refuse to operate the Conversion System in Transfo Mode and shall set the Real Conversion Capacity in Transfo Mode of the Grid User at zero. Interruptible Capacity in Transfo Mode In case of interruption or reduction of the Interruptible Conversion Capacity the Grid User will be notified by the Conversion Operator of a subsequently reduction with the Weekly Reduction Availability Forecast if known at least 4 hours in advance. If the necessity for interruption occurs within a shorter timeframe the procedure as in paragraph 4.1.1 will be followed. Maintenance factor in Enrichment Mode In the Operational Mode Enrichment, maintenance can result in a reduction of the Subscribed Firm Enrichment Capacity. The Grid User will be notified by the Conversion Operator of a subsequently reduction by sending him a Weekly Reduction Availability Forecast (cf. appendix B.1). For calculation purposes, a maintenance factor for Enrichment (MF e ) for the Real Conversion Capacity in Enrichment Mode is used. The default value of the MF e is 1 and the correction factor can vary between 0-1 for the Enrichment Service. MATRS 2007 – Attach. H (available as from 01.03.2011) 10 / 26 APPENDIX 1.4 2.1.2.2. Calculation of the Real Conversion Capacity The Real Conversion Capacity (RC) will be expressed in m³(n)/h and is calculated as follows using the Subscribed Conversion Capacities and the Correction Factors (DF and MF e) as provided for in 2.1.2.1 in : RC = ((FC s × DF x MF e ) + IC s However, 2.1.2.2.1. - in Tranfso mode the MF e is equal to 1; - in Enrichement Mode the IC s is not available. Real Conversion Capacity in Transfo Mode For any Hour, the Grid User's Real Conversion Capacity in Transfo Mode, RC t is equal to the Subscribed Firm Conversion Capacity FC s , multiplied by the Demand Factor DF plus the Subscribed Interruptible Conversion Capacity, IC s ; RC t = ((FC s × DF) + IC s 2.1.2.2.2. Real Conversion Capacity in Enrichment Mode For any Hour, the Grid User's Real Conversion Capacity in Enrichment Mode, RC e is equal to the Subscribed Firm Conversion Capacity FC s, , multiplied by the Demand Factor DF and multiplied by the maintenance factor for Enrichment Mode, MF e ; RC e = ((FC s × DF x MF e ) 2.1.3. Interruptions • Without prejudice to provisions for Emergency, whenever necessary and applicable, the Conversion Operator reserves the right to reduce or interrupt with a pre-notice time of up to full 2 hours. In such a situation, the Transporter, on behalf of the Conversion Operator, will notify the reduction or interruption of a capacity with a new confirmation of the Nomination (TDT notice). • Without prejudice to provisions for crisis situations, whenever necessary and applicable, the Conversion Operator reserves the right to reduce or interrupt without any pre-warning within the hour. In such case, the Transporter, on behalf of the Conversion Operator, will notify as soon as possible the reduction or interruption of a capacity by fax. MATRS 2007 – Attach. H (available as from 01.03.2011) 11 / 26 APPENDIX 1.4 3. Nominations and Gas Allocation 3.1. General The Nominations of the Grid User introduced in the Nomination system by the Grid User, have to be within the Subscribed Conversion Capacities of the Grid User. The Nominations of the Grid User will be reduced by the Transporter to the Real Conversion Capacity in Transfo Mode or Enrichment Mode as the case may be. This procedure complies with the EASEE-gas common business practice 2003002/01 "Harmonisation of the Nomination and Matching Process", as approved on February 18, 2004. The Nomination procedure may be amended in line with the new EASEE-gas business recommendations and the Edig@s protocols when they are established. 3.2. Nomination system The Nominations and the Renominations to and from the Conversion System are introduced by the Grid User in the Transport System’s Nomination system according to provisions of the Agreement for Transport and Related Services (MATRS) and its attachments. In the absence of a Nomination system specific to the Conversion System, these Nominations and Renominations for the Supply Point Transfo and for the Entry Point Transfo shall also apply as the Nominations and the Renominations of the Conversion System. The Transporter confirms Nominations and Renominations at the Entry Point Transfo and at the Supply Point Transfo to the Grid User. 3.3. Nomination validation When confirming the Nominations, the Transporter checks whether the Nominations introduced at the Supply Point Transfo match the corresponding Nominations at the Entry Point Transfo (matching procedure). The Transporter verifies the Nominations of the Grid User in respect to his Real Conversion Capacity in Transfo Mode or Enrichment Mode as the case may be, as the case may be. The Transporter also verifies the Nominations in respect to validation rules as set out hereunder. If the checks are positive, the Nomination is confirmed by the Transporter. If the checks are negative the Nomination is confirmed at a lower value (reduced) or at zero (interrupted). 3.3.1. Matching procedure The Grid User nominates the Supply Point Transfo and the Entry Point Transfo in equal quantities. If the quantities are not equal, the lesser rule shall be applicable: i.e. the lesser of both quantities shall be considered as, for the Supply Point and for the Entry Point respectively, the inital or last Supply Energy Nomination SEN h or SEN' h and the Entry Energy Nomination EEN h or EEN' h . MATRS 2007 – Attach. H (available as from 01.03.2011) 12 / 26 APPENDIX 1.4 The Nomination code of the Grid User at the Supply Point Transfo and Grid User the Entry Point Transfo must be the same. 3.3.2. Capacity check The Transporter shall check whether the Nomination does not exceed the Real Conversion Capacities (for Transfo or Enrichment as the case may be) taking into account the GCV in the Nomination of the Grid User. If the Nomination is higher than the total Subscribed Conversion Service Capacity then the Transporter shall refuse the nomination and issue an error message. If the Real Conversion Capacity (for Transfo or Enrichment as the case may be) is exceeded, then the Transporter can issue a “Transporters’ Daily Transport Notice” with a confirmed Nomination that is limited to the Real Conversion Capacity. 3.3.3. 3.3.3.1. Other conditions for the Nomination validation In Transfo Mode The minimal flow in Transfo Mode, C t, min equals 40 000 m³ (n)/h. In case of Transfo Mode, the following validation rules apply: - the Aggregated Nominations of the Grid User and all other grid user’s shall be higher or equal to the minimal flow in Transfo Mode and; - the first hour of a start-up of the Transfo, the Aggregated Nomination of the Grid User and all other grid user’s cannot be higher than the minimal flow in Transfo Mode and; - for every hour in Transfo Mode , the Aggregated hourly Nominations of the Grid User and all other grid user’s shall not vary with more than 80 000 m³(n)/h and; - the Nomination must be less than or equal to the Grid Users’ Real Conversion Capacity in Transfo Mode. The Transporter can refuse or reduce the (Re) Nominations of the Grid User if one of these conditions in Transfo Mode are not fulfilled. 3.3.3.2. In Enrichment Mode The minimal flow in Enrichment Mode, C e, min equals 5 000 m³(n)/h. The maximum flow in Enrichment Mode equals 30 000 m³(n)/h. In case of Enrichment Mode, the following validation rules apply: - the Aggregated Nominations of the Grid User and all other grid user’s must be higher or equal to the minimal flow in Enrichment Mode and; - the Aggregated Nominations of the Grid User and all other grid user’s must be lower or equal to the maximal flow in Enrichment Mode and; - the Nomination must be less than or equal to the Grid Users’ Real Conversion Capacity in Enrichment Mode.; MATRS 2007 – Attach. H (available as from 01.03.2011) 13 / 26 APPENDIX 1.4 The Transporter can refuse the Nominations of the Grid User if one of these conditions in Enrichment Mode is not fulfilled. 3.3.3.3. Nomination profile limitation If as a result of the Aggregated Nomination profile the Transporter needs to start or stop equipment and if this cannot be achieved within the term following out of the Nominations, or if the Nominations do not attain the minimal flow for the Conversion System, wherever possible the Transporter will accept the Nominations at best effort. The conditions mentioned above can change over time. In case the Transporter is not able to execute and therefore accept the Nomination program, the Transporter is authorized to modify the Nomination program to an executable profile. 3.3.4. 3.3.4.1. Nomination and Start-Up of the Conversion System In Transfo Mode If, at the moment that the Conversion System is switched to Transfo Mode, the confirmed Nomination of the Grid User is higher or equal than 10% of its Subscribed Firm Capacity, this shall be considered as a Start-Up for Transfo Services, or, as the case may be, as an Additional Start-Up for Transfo Service used by the Grid User. 3.3.4.2. In Enrichment Mode If, at the moment that the Conversion System is switched to Enrichment Mode, the confirmed Nomination of the Grid User is higher or equal than 1,25% of its Subscribed Firm Conversion Capacity, this shall be considered as a Start-Up for Enrichment Services used by the Grid User. A Start-Up for Enrichment Service shall be allocated to the Grid User: • when the confirmed Nomination of a Grid User moves from zero to a value higher than zero, or • after each period of thirty (30) consecutive days, counting from the last allocated Start-Up, where the confirmed Nominations of a Grid User remain higher than zero. MATRS 2007 – Attach. H (available as from 01.03.2011) 14 / 26 APPENDIX 1.4 3.4. Allocation procedures 3.4.1. Principles The Transporter calculates the Allocation in energy at the Supply Point Transfo and the Entry Point Transfo to determine the amounts of Natural Gas to be attributed to Gas to the different Grid Users when using Services. The Allocation is calculated using following elements: 3.4.2. - the Nominations at the Supply Point and Entry Point; - the measured quantities of Gas at the Supply or at the Entry Point; - the Allocation status, depending on the Operational Mode and the OBA status; - the Allocation Rule, i.e. the rule that determines how the Allocation is calculated; Types of Allocations Two types of Allocations can be distinguished: 3.4.3. - The Steering Allocation is based on the Hourly Provisional Measurement and is communicated to the Grid User at Hour + 1. In case the provisional measurement fails the measurement can be replaced by a best estimation (replacement value) in the Steering Allocation. After the Hour h the Steering Allocations are not changed in the past. - The Validated Allocations are based on the Validated Measurements the Transporter determines at the latest the 20th Working Day of the Month following the Month for which the Allocations are to be done. Changes after the Month + 20d can still take place and will be announced to the Grid Users. Measurements In addition to others, the following parameters are determined for each Hour: - the quantity of normal m³ that flows through the metering station, - the quantity of energy that flows through the metering station, - the Gross Calorific Value of the Gas that flows through the metering station, - the quality of the Gas that flows through the metering station. All detailed measurement methods are described in the metering and testing procedures for the Conversion System and can be provided on written request of the Grid User. Principles of managing the measurement data are: - the measurement data are the property of the Transporter; - the Transporter is entitled to use the measurement data for managing the Transport System, and the Conversion Installation; MATRS 2007 – Attach. H (available as from 01.03.2011) 15 / 26 APPENDIX 1.4 3.4.4. - communication of the measurement data to Grid Users is the responsibility of the Transporter; - the Transporter contacts the Grid User in case of problems with the meter readings; - the basis for the Validated Measurement is the verification of the data from the metering stations. This cannot be done continuously, therefore at the end of the month a verification of all metering stations is completed to obtain this final information. Allocation process 3.4.4.1. Nominations The Nominations used for the calculation of the Allocations, are the last confirmed Nominations (TDT) 3.4.4.2. Allocation Rules at the Supply and Entry Point The following Allocation Rules are possible: • Deemed to Matched Nomination: The “Allocated Energy” (EA) equals the last “matched Energy Nominations” (EMN’) as confirmed by the adjacent Grid Operator. This rule can be valid for forward or/and reverse Confirmed Nominations. For Entry EEAh = EEMN’h For Supply SEAh = SEMN’h • Proportional to Measurement: The Forward Energy Allocations will be equal to the energy measurement (EMh) corrected with the Energy Allocations in Reverse flow, divided by aggregated Forward Flow Confirmed Nominations multiplied by the Grid User's Forward Flow corresponding last confirmed Nomination. This rule is only applicable on forward Confirmed Nominations. EMh (being SEMh for Supply and EEMh for Entry) is the Energy Measurement (at an Hour) which can be the Provisional Measurement for the Steering Allocations or the Validated Measurement for Validated Allocations. EM’h, (being SEM’h for Supply and EEM’h for the Entry) 3.4.4.3. Supply and Entry Point Allocations This paragraph calculates the Allocation properties (Energy) related to the Supply and Entry. • In case an OBA is operational: (for both Supply and Entry) - • The allocation rule is “Deemed to Matched Nomination” in energy for the Supply Allocation or the Entry Allocation. This rule is valid for both forward and reverse Confirmed Nomination. In case an OBA is not operational: (either on the Supply or the Entry ) MATRS 2007 – Attach. H (available as from 01.03.2011) 16 / 26 APPENDIX 1.4 - 3.4.4.4. The allocation rule is “Proportional to Measurement” for the Confirmed Forward Nominations in Energy for the Supply Allocation or the Entry Allocation and if the Conversion is not in Stop Mode. Communication Channels Different channels are used to communicate the Provisional and Validated Allocations: EDIG@S: this is the preferred the electronic communication tool. The Transporter sends its notices using the EDIG@s protocol (used to exchange data). 3.4.5. Reporting The Gas Allocation will be performed on an hourly basis, whereas the daily values will be obtained by adding up the hourly values of the individual hours for that particular Day and whereas the monthly values will be obtained by adding up the daily values of the individual Days for that particular Month. The reporting performed by the Transporter and communicated to the Grid User for the Supply Point Transfo and the Entry Point Transfo on the Transport System shall apply as the reporting for the Supply Point Transfo and the Entry Point Transfo on the Conversion System. The MATRS and its attachments describe the reporting performed by the Transporter and communicated to the Grid User. MATRS 2007 – Attach. H (available as from 01.03.2011) 17 / 26 APPENDIX 1.4 4. Capacity constraints procedures 4.1. Interruption procedure at the Conversion System 4.1.1. Standard interruption procedure (for interruptible Capacity) The procedure consists of 3 steps and is summarised in the next drawing. The notification of the interruption at the Conversion System is made by the Transporter on behalf of the Transporter to the Grid User. Standard interruption procedure Grid User Transporter Transporter’s Daily Transport Notice Interruption within 2 full hours after receipt Transporter’s Daily Transport Notice (revised) Step 1 – Send a Transporter’s Daily Transport Notice (TDT message) As soon as there is a necessity of a reduction or an interruption on the Conversion System, the Transporter calculates the total quantity to be reduced/interrupted at the Conversion System and the quantity to be interrupted for the Grid User and the other grid users; pro rata the last confirmed Nominations of the Grid Users at the Supply Point Transfo. In order to notify the reduction/interruption, the Transporter sends a revised “Transporter’s daily Transport Notice” to the Grid User that have nominated. In this notification, the Transporter reduces the Nominations with the calculated quantity of hourly capacity to be interrupted. Step 2 – Physical reduction / interruption The Natural Gas quantities to be converted will be reduced / interrupted according to the latest “Transporter’s Daily Transport Notice” (TDT). The period of time between the notification for interruption through the revised “Transporters Daily Transport Notice” and the physical reduction of the Natural Gas quantities is called the “notice time”. The notice time for interruption on the Conversion System is full hour plus 2 (full H+2) MATRS 2007 – Attach. H (available as from 01.03.2011) 18 / 26 APPENDIX 1.4 Step 3 –End of physical reduction / interruption As soon as the situation that necessitated a reduction or interruption at the Conversion System has ended, the Transporter sends a revised “Transporter’s Daily Transport Notice” (TDT). to the affected grid users and shall lift the constraint after the notice time full H + 2 applied at the Conversion System after the notice time full H + 2. The last Nominations will be confirmed with a TDT. 4.1.2. Emergency interruption procedure The Transporter can, if necessary, reduce the physical flow on the Conversion System, in order to preserve the integrity of the Conversion System in case of Emergency. The notification of the interruption at the Conversion System is made by the Transporter to the Grid User. The messages between the Transporter and the Transporter are not shown. This Emergency interruption procedure consists of 3 steps. Emergency interruption procedure Grid User Transporter Transporter’s Emergency Interruption Notice immediately Evaluation by Transporter Interruption Transporter’s Daily Transport Notice Transporter’s End of Emergency Interruption Notice Transporter’s Daily Transport Notice (revised) Step 1 – Emergency Interruption Notice In case of Emergency on the Conversion System, the Transporter calculates the total quantity to be interrupted on the Conversion System and the quantity to be interrupted per Conversion User; pro rata the last confirmed Nominations of the Grid Users at the Supply Point Transfo. The Transporter notifies the Grid User per telephone and confirms the interruption through a “Transporter’s Emergency Interruption Notice” by fax to the involved Grid Users (cf. appendix A.1), with a specified start date of interruption and the quantity to be interrupted. The Transporter shall also constrain the Nominations by sending a revised “Transporter’s Daily Transport Notice” (TDT). The interruption remains valid until the Transporter sends a “Transporter’s End of Emergency Interruption Notice”. Step 2 – Physical interruption As from the start of interruption, immediately after the warning by phone, up to the sending of a “Transporters End of Emergency Interruption”, the MATRS 2007 – Attach. H (available as from 01.03.2011) 19 / 26 APPENDIX 1.4 Transporter will limit the physical delivery of Natural Gas at the Supply Point Transfo and the physical (re)delivery of Natural Gas at the Entry Point Transfo to the quantity that is mentioned in the “Transporter’s Emergency Interruption Notice”. Step 3 – End of Emergency Interruption Notice When the Transporter evaluates that Emergency is no longer applicable, and that the interruption at the Conversion System is no longer required, the Transporter sends a “Transporter’s End of Emergency Interruption Notice” by fax to the Grid User (template in appendix A.2), specifying the interruption end date, and shall lift the constraint at the Conversion System. The last Nominations will be confirmed with a TDT. 5. Gas quality procedure The applicable Gas quality procedures for the Conversion System are according to provisions of the Agreement for Transport and Related Services (MATRS) and its attachments. In case the Natural Gas, which is delivered by the Grid User is not within specifications the Transporter can not guarantee the redelivery of Natural Gas at the redelivery point within specifications, in which case the Transporter can interrupt the Conversion Service. 6. Operating Mode switching procedure 6.1. General Based on Aggregated Nominations of the Conversion Users, the Transporter shall change the Operating Mode of the Conversion System to Transfo Mode. This can be an onerous and time-consuming operation, which requires special safety precautions. Consequently, the Operating Procedures are developed by the Transporter in order to carefully manage the switch, still providing maximum transparency and comfort for the grid users. 6.2. Transfo Season The Conversion System in Transfo Mode is designed for operation during the winter months. The Transfo Season is therefore from 15 November of the contractual Year until 31 March of the contractual Year and therefore the Transfo Mode is only possible during the Transfo Season. 6.3. Switching of Operating Mode If, during the Transfo Season, the Aggregated Nomination of all nominating grid users is higher than, or equal to 40 000 m³(n)/h the Operating Mode will be the MATRS 2007 – Attach. H (available as from 01.03.2011) 20 / 26 APPENDIX 1.4 Transfo Mode insofar the nominating Grid Users have nominated these Aggregated Nominations 24 hours in advance of the resulting switch to Transfo Mode. In case the Nomination of the Grid User arrives later then the 24 hour lead-time for switching the Operating Mode, the Transporter will use its reasonable endeavours to switch from one to another Operating Mode. If, during the Transfo Season, the Aggregated Nomination of the grid users is lower than the minimal flow in Transfo Mode, C t, min ,the Operating Mode will be the Enrichment Mode insofar there is no request to re-switch to Transfo Mode for the next 8 hours. In case the Transporter cannot realise, under the circumstances of reasonable endeavours here above, a requested switch to Transfo Mode, the Nomination of the Grid User will be reduced to its Real Conversion Capacity in Enrichment Mode. The Grid User will be notified of this reduction by TDT. If the Aggregated Nomination of the grid users is lower than the minimal flow in Enrichment Mode, C e, min , the Operating Mode will be the Stop Mode insofar there is no request to re-switch to Enrichment Mode for the next 8 hours. In case the Transporter cannot realise, under the circumstances of reasonable endeavours here above, a requested switch to Enrichment Mode, the Nomination of the Grid User will be reduced to zero. The Grid User will be notified of this reduction by TDT. The nominating Grid User may ask for information about the expected Operating Mode for the current and the following day from the Transporter. 7. Tests The Transporter is entitled to perform Tests in Transfo Mode and in Enrichment Mode, subject to a written notification, sent by fax with a notification time of at least ten (10) Working Days. For such Tests, the Transporter may request the cooperation of the Grid User. In case the Grid User chooses to cooperate to these tests he shall nominate the quantities requested by the Transporter at the requested time within the limits of its Real Conversion Capacity. The Transporter shall, acting as a "Reasonable and Prudent Operator", minimize the consequences of these Tests for the Grid User, with regard to, among others, the timing of such Tests. MATRS 2007 – Attach. H (available as from 01.03.2011) 21 / 26 APPENDIX 1.4 8. Maintenance procedures 8.1. General The Transporter, acting as a Reasonable and Prudent Operator, has the right to limit or interrupt the Conversion Services because of Maintenance to the Conversion System. The Transporter shall organise Maintenance to limit capacity constraints as much as possible. Consequently, the Transporter will schedule this Maintenance at the Transfo equipment wherever possible outside the Transfo Season. The implication of this standard planning is that: - In Enrichment Mode: the capacity in Enrichment Mode can have a reduced Real Conversion Capacity in this Operating Mode due to maintenance. 8.2. Planned Maintenance 8.2.1. Yearly Maintenance program Each calendar year, not later than 30th of September, the Transporter shall publish an indicative yearly Maintenance program on its website: www.fluxys.com. This indicative yearly Maintenance program details the Maintenance periods and the consequences on the Real Conversion Capacity. Grid Users have a period of 14 calendar days to report their observations on the yearly Maintenance program. Wherever possible, the Transporter shall take these observations into account. 8.2.2. Confirmation of the Maintenance during the year The Transporter shall confirm the duration and the consequences of the planned Maintenance at least ten (10) Working Days in advance. The Transporter, acting as a "Reasonable and Prudent Operator", has the right to shut off or reduce the Conversion Services by reason of Maintenance to the Conversion System or any part thereof. Such a shut-off or reductions shall be limited wherever reasonably possible and shall only be done after giving prior notification to the Grid User by means of the Transporters Weekly Reduction Availability Forecast. 8.2.3. Short-term Planned maintenance The Transporter, acting as a "Reasonable and Prudent Operator", has the right plan short term Planned Maintenance for the Enrichment Service; and reduce the Enrichment Services by reason of such Maintenance to the Conversion System or any part thereof. Such a shut-off or reductions shall be limited wherever reasonably possible and shall only be done after giving prior notification to the Grid User by means of the Transporters Weekly Reduction Availability Forecast. MATRS 2007 – Attach. H (available as from 01.03.2011) 22 / 26 APPENDIX 1.4 8.3. Unforeseeable Maintenance In case of unforeseeable Maintenance, the Transporter, acting as a Reasonable and Prudent Operator, has the right to shut off or reduce the Conversion Services by reason of this unforeseeable Maintenance to the Conversion System or any part thereof. Such a shut-off or reductions shall be limited wherever reasonably possible and can be done with a pre-warning time of at least 2 full hours by means of a TDT. Unforeseeable maintenance is considered to be “Force Majeure” as described in the main agreement for Conversion Service. MATRS 2007 – Attach. H (available as from 01.03.2011) 23 / 26 APPENDIX 1.4 APPENDIX A Emergency templates A.1. Transporter’s Emergency Interruption Notice To Fax Grid User contact To be defined Your reference Internal copy Fax Commercial TPA Fluxys 02/282 7869 Our reference N° of pages Date / time p dd/mm/yy hh:mm From Tel Fax Dispatching FLUXYS 02/282 7002 or 7003 02/282 7006 Subject “Transporter’s Emergency Interruption Notice” for conversion Dear Sir, Due to Emergency conditions, Fluxys requests to interrupt the conversion of Natural Gas as follows : Start date / time Interrupted capacity [m³(n)/h] Remaining capacity [m³(n)/h] This “Transporter’s Emergency Interruption Notice” remains valid until you receive a “Transporter’s End of Emergency Interruption Notice”. Kind regards, Dispatching Supervisor Fluxys MATRS 2007 – Attach. H (available as from 01.03.2011) 24 / 26 APPENDIX 1.4 A.2. Transporter’s End of Emergency Interruption Notice To Fax Grid User contact To be defined Your reference Internal copy Fax Commercial TPA Fluxys 02/282 7869 Our reference N° of pages Date / time p dd/mm/yy hh:mm From Tel Fax Dispatching FLUXYS 02/282 7002 or 7003 02/282 7006 Subject “Transporter’s End of Emergency Interruption Notice” for conversion Dear Sir, Emergency conditions leading to the interruption of the conversion of Natural Gas are no longer applicable, and the flow can be resumed starting from dd/mm/yy hh:mm. Kind regards, Dispatching Supervisor Fluxys MATRS 2007 – Attach. H (available as from 01.03.2011) 25 / 26 APPENDIX 1.4 APPENDIX B Reduction Template B.1. Weekly Reduction Availability Forecast (WRF) MATRS 2007 – Attach. H (available as from 01.03.2011) 26 / 26 APPENDIX 1.5 ATTACHMENT H – Annex D Specific Requirements for Quality Conversion Table of Contents 1 Specific requirements at the Supply Point Transfo ............................................. 2 2 Specific requirements at the Entry Point Transfo ................................................ 3 MATRS 2007 – Attach. H (available as from 01.03.2011) 1/3 1 Specific requirements at the Supply Point Transfo Unit Min. Max Gross Calorific Value kWh/m³(n) 10.81 12.79 Wobbe Index kWh/m³(n) 13.67 15.70 Hydrocarbon Dewpoint °C from 0 Barg up to 69 Barg - Minus 2 Water Dewpoint °C at 69 Barg - Minus 8 ppm by vol - 1000 Mol % - 2.5 - 5 - 30 - 6 Oxygen content (O 2 ) Carbon (CO 2 ) dioxide content Hydrogen sulphide content (H 2 S) mg/m³(n) (inclusive of COS) (as S) Total sulphur at any time (as S) mg/m³(n) Mercaptans (as S) mg/m³(n) The Natural Gas delivered may not contain other elements and impurities (such as but not limited to methanol, condensates, gas odorants) to the extent that the Natural Gas delivered cannot be transported, stored and marketed in Belgium without incurring additional cost for quality adjustment. The Natural Gas delivered may not contain any added odorants. MATRS 2007 – Attach. H (available as from 01.03.2011) 2/3 2 Specific requirements at the Entry Point Transfo Unit Min Max Gross Calorific Value kWh/m³(n) 9.53 10.74 Wobbe Index kWh/m³(n) 12.20 13.02 Hydrocarbon dewpoint °C from 0 Barg up to 69 Barg Minus 2 °C at 69 Barg Minus 8 ppm by vol 5000 Water dewpoint Oxygen content (O 2 ) Carbon (CO 2 ) dioxide content Hydrogen sulphide content (H 2 S) Mol % - mg/m³(n) 3.0 5 (inclusive of COS) (as S) Total sulphur at any time (as S) Mercaptans (as S) mg/m³(n) mg/m³(n) - 30 - 6 The Natural Gas delivered may not contain other elements and impurities (such as but not limited to methanol, condensates, gas odorants) to the extent that the Natural Gas delivered cannot be transported, stored and marketed in Belgium without incurring additional cost for quality adjustment. The Natural Gas delivered may not contain any added odorants. MATRS 2007 – Attach. H (available as from 01.03.2011) 3/3
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