8 th IG-Meeting Coordinated Auctioning, Auction Office and Organisational Issues Christian Todem Vienna

2 State of Play Antitrust and Merger Regulation Issues Documents requested by CEE-Regulators Updated Project Plan Project Office Open Topics Conclusions Agenda

3 Managing director/MD contract Cost sharing agreement Business plan, budget and shareholder‘s loan ( ) Articles of association Bank account Staff recruiting (Project Team) /employment contracts / accountant service Office ( ) Founding procedure, necessary TSOs‘ confirmations, proxy issue Antitrust and Merger/Cartel regulation issues Service Level Agreement (inter TSO contract) Software (common coordinated capacity calculation and allocation) Communication infrastructure and IT hardware Auction Rules, external data transfer (MLA) Not yet started Started In implementation Completed State of Play

4 Antitrust & Merger Regulation Issues I/II Several antitrust & merger regulations could be relevant:  Antitrust regulations following art. 81/82 of EC contract  Mergers following merger Regulation 139/2004  Antitrust and merger regulations under national (German) laws Previous steps, 1 st letter to the Commission:  CEE TSOs have already submitted a letter, on 26 th March, regarding antitrust & merger issues to the Commission.  The answer of the Commission puts the burden of final judgement of the notification need on TSOs’ shoulders.

5 Antitrust & Merger Regulation Issues II/II Previous steps, 2 nd letter to the Commission:  CEE TSOs have submitted a second letter, on 10 th July, to the Commission for final clarification – whether the Commission is responsible or national competition authorities.  A questionnaire has been submitted to CEE TSOs by the Commission for helping them to clarify the situation.

6 Documents requested to Regulators At the last IG-meeting (June 12th in Vienna) the CEE Regulators requested: Updated Project Plan Articles of Association Basic Business Plan figures  Documents have been submitted to CEE-lead Regulator after receiving the approvals of all TSOs by end of August.

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8 Project Office Creation of an permanent project structure:  In order not to lose time and to avoid further delay a Project Office will be established.  If the antitrust & merger regulation issues are clarified the Auction Office (as a independent legal entity) can immediately be established. Project coordination:  The Project Office (managed by the designated MD of the future AO) coordinates the work and acts as the overall project management.  A permanent project staff works part/full-time for establishing and developing the future allocation system.  The already established structure (Working Groups) will assist the Project Office.  Also a external consultant has been chosen to support the work!

9 Open topics I/II Scheduling, Curtailment:  Comprehensive concept has already been elaborated and experts of involved TSOs are going to finalise it during the next month.  Also different concepts and possibilities of curtailment are under investigation. Test calculations, Long Term Concept (Y,M auctioning):  First test calculations have been performed (only for D concept).  Long term concept is still under elaboration; first concept test calculations are currently in progress.  The Consultant will also assist in performing test calculations.

10 Open topics II/II IT:  IT-Tender for capacity calculation and auctioning is under preparation.  Delay is obvious.  Experience of similar projects shows that development will take about 6 months.

11 Conclusion I/II Statement 1 at last IG meeting: “It’s obvious that still problems (e.g. Y, M concept and improvement of transparency in D cap. calculation) have to be solved.”  CEE TSOs have chosen to take external consultant support, especially for improving the transparency in D capacity calculation.  First promising inputs and suggestions have already been made for improving the methodology in terms of transparency.

12 Conclusion I/II Statement 2 at last IG meeting: “To start with flow-based D (and M) auctions within 2008 is the realistic case. However additionally has to be solved: How to proceed with especially Y auction for 2008 in order not to “block” flow-based D (and M) auctions in advance (support of regulators)?”  CEE TSO have elaborated two options and ask Regulators for their opinion: Option 1: Maintain the present method – bilateral (coordinated) auctions – for the whole year Option 2: Let the possibility of FBA introduction during the year 2008 and shift offered capacities for 2008 from yearly to monthly and daily in the whole CEE region.

13 Implementation of load flow-based auctions in CEE Option 1 (January 2009):  Consistent package for Y/M/D can be developed from the scratch  Sufficient time for proper testing Option 2 (September 2008):  Any delay will cause new change  Consistency of 2008 NTC approach for Y/M with FBA for D needs to be investigated  Capacities for Y/M most likely have to be decreased to safeguard FBA for D

14 Thank you for your attention