Marie-Claire AOUN CRE marie-claire.aoun@cre.fr

Structure of the report Background and objectives of the report Propose practical solutions to facilitate the coordination of open seasons Provide advice to the GGPOS (monitoring launched at ERGEG level in June-July 2009) Previous experiences of open seasons 2005 Fluxys RTR2 open season ; Gastransport Services open season 20005; GRTgaz/Fluxys open season ; BBL open season; GTS 2012 ; E. ON Gastransport; GTS/Gasunie; Energinet.dk Confidentiality clauses Other specific issues to be dealt with in this project

Confidentiality clauses Prevent stakeholders from disclosing information to third parties (including regulators) on the OS process, within the GRI and European regulatory framework ►Pb for the monitoring of the GGPOS to be launched by ERGEG in June Clauses that prevent operators from sharing data (related to the OS with the operator of an adjacent system)  Obstacle to coordination Proposal to adapt these clauses in order to avoid unnecessary prohibition of information and waive the obligation for the users to write to the operators each time they communicate with regulators, or with other market parties. Action Point: Letter by RCC to ask that operators announce in a letter before 9th June that any market party can feel free to communicate on the OS to regulators? 3

Governments should make sure that this is legally possible. Exchange of information between operators of adjacent systems during an open season for an adequate coordination of investments For a successful coordination of investment decisions, minimal cooperation between the involved TSOs is required Operators of adjacent systems should share at least information concerning technical aspects, timing of the OS and of the realization of the investments… Operators of adjacent systems should also exchange information on the bids, such as: Aggregate amount of capacity per point If needed, amount of capacity per point per participant (anonymously) Exchange of more commercially sensitive data when necessary to the coordination of investments in transmission capacity Proposal to include in the open season notice and in the confidentiality agreement signed between the TSO and the shipper that commercially sensitive information could be exchanged with operators of adjacent systems for investment coordination purposes, under the condition that the operator receiving the information treats it on the same confidentiality basis. Governments should make sure that this is legally possible. 4

Need to analyse more the reliability of the 1st phase Discussion on way forward: Other issues to be dealt with in this project Flexibility in open seasons contracts: Capacity alignment Provide to shippers the possibility to get out of the bids if they do not get adequate capacity in adjacent OS → GTS flexibility Need to analyse more the reliability of the 1st phase Significant differences between the requests of the 1st phase and the binding agreements in the 2nd phase Need to define a mechanism to stimulate realistic requests: fees, limit variation of the capacity bids between 1st phase and binding phase Additional capacity for short term needs Interest from the industry (SG meeting 14 Nov. 08) for building additional capacity for short term needs on top of the capacity requested during the OS 5

Action Points on confidentiality Letter by RCC to ask that operators announce in a letter before 9th June that any market party can feel free to communicate on the OS to regulators? Proposal to include in the open season notice and in the confidentiality agreement signed between the TSO and the shipper that commercially sensitive information could be exchanged with operators of adjacent systems for investment coordination purposes, under the condition that the operator receiving the information treats it on the same confidentiality basis. 6