Madrid 15 th July 2009 OS for the development of new gas interconnection capacity between Spain and France after th SG meeting

2 Index 1.Introduction 2.Information Memorandum 3.Allocation Rules 4.Application forms and accompanying letters 5.Confidentiality agreements 6.Relevant contracts for 2013 capacities 7.Other

3 Introduction 1

4 Documentation  The documentation which regulates the Open Season jointly conducted by Enagás, GRTgaz, Naturgás Energía Transporte and TIGF to asses market demand for the interconnection projects under discussion between France and Spain includes the following:  Information Memorandum  Allocation Rules for 2013 capacities  Letter of Commitment (2013 capacities)  Application form for 2013 capacities (binding)  Letter of Intent (2015 capacities)  Application form for 2015 capacities (non-binding)  Non-Disclosure Agreement between the TSO and the shipper (1 version per country)  Capacity booking contracts and/or transmission contracts.

5 2 Information Memorandum

6 Contents of the Info Memo  The final Info Memo has been updated taking into consideration the latest inputs from stakeholders.  The main contents of the Information Memorandum are:  Market Structure  Marketing of Capacities  Physical capacities  Products  Allocation Process & Allocation Principles  Coordination with other OSPs developed by the TSOs  Schedule.  Tariff Regulation.  Test of the CRE to validate the capacity allocation in France  Joint Allocation Office & Contact info  Appendices

7 Market structure  The Open Season is organised based on the current market structure in France.

8 Spain – France interconnection projects 2013 CAPACITIES:  Larrau: development of an existing interconnection (Enagás / TIGF).  Biriatou: development of an existing interconnection (Enagás / Naturgás / TIGF).  GRTgaz South – TIGF interface: development of an existing interconnection (GRTgaz / TIGF) CAPACITIES:  Perthus: development of a new interconnection (Enagás / GRTgaz / TIGF).  GRTgaz North – GRTgaz South link: development of an existing interconnection (GRTgaz).

9 Spain – France interconnection projects

10 Physical capacities LARRAU PROJECT Incremental Capacities* Total capacities Spain to France+55GWh/d165 GWh/d France to Spain+65GWh/d165 GWh/d * The incremental capacities detailed in these tables are only those related to investments triggered by this Open Season process. BIRIATOU PROJECT Incremental Capacities* Total capacities Spain to France+55GWh/d60 GWh/d France to Spain+60GWh/d60 GWh/d GRTGAZ SOUTH – TIGF INTERFACE PROJECT Incremental Capacities* Total capacities TIGF to GRTgaz South+180 GWh/d255 GWh/d GRTgaz South to TIGF+50 GWh/d375 GWh/d

11 Physical capacities * The incremental capacities detailed in these tables are only those related to investments triggered by this Open Season process. PERTHUS PROJECT Incremental Capacities* Total capacities Spain to France+230 GWh/d230 GWh/d France to Spain+180 GWh/d180 GWh/d GRTgaz North – GRTgaz South link PROJECT Incremental Capacities* Total capacities GRTgaz North to GRTgaz South +200 GWh/d430 GWh/d GRTgaz South to GRTgaz North +100 GWh/d330 GWh/d

12 Capacity Products to be marketed  Detailed capacities to be marketed, split in multiannual and multiseasonal capacities are detailed in Appendix II of the Information Memorandum.  Only firm capacities are proposed to the market in the Open Season.  The annual capacities proposed represent, unless otherwise stated, 80% of the capacity available after investments, and after deduction of capacity assigned to existing long-term commitments.

13 Capacity Products to be marketed by PRODUCTSFrom South to NorthFrom North to South GRTgaz North-GRTgaz South 138*0 GRTgaz South-TIGF TIGF-Spain * 60% of marketable capacities, according to CRE’s deliberation on 2nd July 2009.

14 Capacity Products to be marketed by 2013  For the purpose of capacity allocation, these capacities are identified as follows:

ProductsFrom South to NorthFrom North to South GRTgaz North-GRTgaz South between 80* and 264 between 160* and 282 France – Spain 184 to be split between option 1 & to be split between option 1 & 2 Option 1 GRTgaz South - Spain 0 to 1840 to 144 Option 2 GRTgaz South – TIGF 0 to 1840 to 144 TIGF – Spain 0 to 1840 to 144 MIDCAT LINK Capacity Products to be marketed by 2015 Shippers will be asked in the non-binding phase which capacity product they want. This input will be used to define a split between the 3 components in the France – Spain products. * 80% of newly-created capacities, according to CRE’s deliberation on 2nd July 2009.

16 Capacity Products to be marketed by 2015  For the purpose of capacity requests during the non-binding round, these capacities are identified as follows:

17 Marketing of capacities: Allocation Process  All capacities will be proposed to the market in two phases:  1 st phase: to be launched before mid-July 2009:  Capacities available by 2013: Binding requests.  Capacities available by 2015: Non-binding requests.  2 nd phase: to be launched by February capacity will be offered regardless the result for 2013 capacities during the 1 st phase:  Capacities available by 2015: Binding requests.

18 Marketing of capacities: One OS, two phases

19 Allocation process & principles  Capacity allocation principles and rules for 2013 capacities are described in the Appendix VI: Allocation rules. The available capacities to which these rules will be applied are detailed in Appendix II: Available capacities.  Capacity allocation principles and rules for 2015 capacities will be developed before February Capacity requests for 2015 capacities will be taken by TSOs as indicative, and no allocation process will be performed. Nevertheless, an indication of the global demand for 2015 capacities will be provided to stakeholders.

20 Indicative schedule JULY 2009:  15th July: Publication of final documents proposed by TSOs:  Information Memorandum.  Allocation Rules for 2013 capacities.  Application forms and related Letter of Commitment for 2013 capacities and Letter of Intent for 2015 capacities.  Non-Disclosure Agreements between each TSO and interested subscribers.  Capacity booking contract between each TSO in France and subscribers interested in capacities between GRTgaz South-TIGF and/or TIGF-Spain.  Transmission contract between each TSO in Spain and interested subscribers.

21 Indicative schedule SEPTEMBER-OCTOBER 2009:  Early September: Presentation(s) by TSOs and information meeting with stakeholders about the OS.*  Before 15th September: Signing of Non-Disclosure Agreements between each TSO and interested subscribers.*  September 15th: Starting date for submitting requests in the First Phase of the OS.*  September 30th: Deadline for submitting requests in the First Phase of the OS.*  October 30th: Publication of results of the First Phase of the OS.* * Detailed calendar to be officially confirmed on ERGEG’s website.

22 Indicative schedule NOVEMBER 2009  Before November 30th: Signature of a capacity booking contract or transmission contract between each TSO and interested subscribers (2013 capacities). JANUARY 2010  Approval of GRTgaz and TIGF global investment programs by their respective Boards of Directors (2013 capacities).  Approval of GRTgaz and TIGF global investment programs by CRE (2013 capacities). FEBRUARY 2010  Starting date of the Second Phase of the OS. JUNE 2010  Publication of results of the Second Phase of the OS. JULY 2010  Signing of capacity booking contract or transmission contract between each TSO and interested subscribers (2015 capacities).

23 Indicative schedule JANUARY 2011  Approval of GRTgaz and TIGF global investment programs by their respective Boards of Directors (2015 capacities).  Approval of GRTgaz and TIGF global investment programs by CRE (2015 capacities).

24 Tariff Regulation  The CRE and the CNE have been consulted prior to the publication of the Information Memorandum in relation with the tariff framework applicable to the capacities marketed through the coordinated Open Season process.  The CRE and the CNE will act within their respective areas of competence, as defined in the relevant national regulations. Test of the CRE to validate the capacity allocation in France  Information on the conditions for validation by the CRE has been provided.

25 Joint Allocation Office  Applications forms together with the corresponding letter(s) of commitment (2013 capacities) or letter(s) of intent (2015 capacities) should be sent to: Joint Allocation Office Enagás, DATR Paseo de los Olmos, 19, 3A Madrid Espagne/España

26 Contact  Any requests for additional information should be sent to: Enagás, S.A. Dirección de Gestión ATR Att. Fernando Impuesto Nogueras Paseo de los Olmos, MADRID SPAIN Naturgás Energía Grupo, S.A. Departamento de Regulación Pío Baroja Nº Bilbao, España GRTgaz Direction Commerciale Att. Carole Baron 2 rue Curnonsky PARIS France TIGF Direction Developpement Commerce Att. M. MIGLIO 17 chemin de la Plaine BILLERE France

27 3 Allocation Rules for 2013 capacities

28 Allocation Rules for 2013 capacities  The Allocation rules presented at the 8th SG last 27th April remain essentially unchanged.  The same allocation options for multiannual capacity requests have been maintained: OPTION A “Independent Allocation per Point”, and OPTION B “Coordinated Allocation”.  The latter includes two types of coordination, Option B. I. “Non-flat Capacity Allocation” and Option B.II. “Flat Capacity Allocation”.  The requirements on the starting date have been relaxed, particularly for multiannual capacity requests; in this case, the first day of any month during the 20-year period staring on 1st April 2013 can be chosen as the starting date.

29 Priority rules  Capacity requests will be first ranked granting higher priority to capacity requests with an earlier date of commencement, being 1st April 2013 the earliest possible date.  Capacity requests with the same starting date will be ranked granting higher priority to capacity requests of longer duration.  Multiannual capacity requests with a duration equal to or higher than 120 months will be granted the highest priority between capacity requests with the same starting date. No differentiation will be made in terms of priority between multiannual capacity requests with a duration equal to or higher than 120 months.  Multiseasonal capacity requests with a duration equal to or higher than 10 seasons will be granted the highest priority between capacity requests with the same starting date. No differentiation will be made in terms of priority between multiseasonal capacity requests with a duration equal to or higher than 10 seasons. Capacity requests will be prioritised first according to the starting date of the service, and then to the duration of the request. During the Single Round of the First Phase of the OS, for the purpose of capacity allocation: Allocation of capacities between capacity requests with the same level of priority will be made on a pro-rata basis taking into account the amount of capacity requested.

30 Allocation stages FIRST PHASE July-November Capacities SINGLE ROUND BINDING REQUESTS 1 st Allocation Stage: Initial allocation Submission of requests for the First Round 2 nd Allocation Stage: Step 1: Minimum capacity requirement check Step 2: Coordinated requests check (Flat Capacity Allocation) 3 rd Allocation Stage: Re-allocation of freed-up capacities Capacity freed up Application of priority rules Provisional allocation after 1st Allocation Stage Provisional allocation after 2 nd Allocation Stage (minimum capacity allocation guaranteed) Final allocation Application of priority rules September 2009October 2009

31 4 Application forms and accompanying letters

32 Application Form for 2013 capacities The Application Form for 2013 capacities is the document containing the identification data of the requesting parties, and where the following information must be completed:  type of capacity request (multiannual or multiseasonal),  the allocation options,  the amount of capacity requested per Interconnection Point,  the minimum capacity required to accept allocation at each Interconnection Point,  the duration for which capacity is requested at each Interconnection Point,  the starting date of the service,  the signature of the parties and the request date. An Application Form for 2013 capacities might contain up to 5 capacity requests. Up to 4 shippers may request capacity through a single Application Form.

33 Letter of Commitment By the Letter of Commitment the company:  Asks for the reservation of the capacity stated in the Application Form for 2013 capacities.  Undertakes to subscribe the capacity allocated to it by the Joint Allocation Office.  Acknowledges being aware of the conditions of access to the relevant transmission system. The Letter of Commitment remains valid until the signature of the agreement to reserve capacity on the relevant transmission system(s) and/or transmission contract or of an amendment to the existing transmission contract. The Letter of Commitment shall be mandatorily joined to the related Application Form duly filled in, being integral part of it.

34 Application Form for 2015 capacities The Application Form for 2015 capacities is the document containing the identification data of the requesting parties, and where the following information must be completed:  type of capacity request (multiannual or multiseasonal),  the allocation options,  the amount of capacity requested per Interconnection Point,  the duration for which capacity is requested at each Interconnection Point,  the starting date of the service,  the signature of the parties and the request date. As regards the allocation options (OPTION A and OPTION B, including B.I. and B.II), the same definitions as for the allocation of 2013 capacities are assumed.

35 Letter of Intent By the Letter of Intent the company:  Expresses its interest for a future reservation of the capacity stated in the Application Form for 2015 Capacities.  Acknowledges to submit an indicative level of interest in good faith. The level of interest shall fairly reflect the capacity the company intends to request in the subsequent binding phase of the process. The Letter of Intent shall not constitute a binding capacity request. The Letter of Commitment shall be mandatorily joined to the related Application Form duly filled in, being integral part of it.

36 5 Non-Disclosure Agreements

37 Non-Disclosure Agreements  A Non-Disclosure Agreement must be signed between each TSO and each shipper.  Two templates have been produced: one for France and another one for Spain.  The NDAs establish standard confidentiality conditions for an OS process.  The NDAs are essentially similar, except for the “Settlement of Disputes” sections, which have been developed in accordance to the legal framework in each country.

38 6 Relevant contracts for 2013 capacities

39 Capacity booking contract * in France (principles ** )  Purpose  To establish the conditions of the commitment for capacities booking taken by a shipper during the Open Season process  Commitments of the shipper  Signature of a Transport Contract before 1st April 2013  Provision of a financial guarantee : capacity reserved x 2009 annual tariff x 9/12  Commitments of the French TSO  For new capacity, subject to the Final Investment Decision : Regular information concerning the progress in the capacities development project Signature of a Transport Contract corresponding to capacities reserved No invoicing if, at a certain interconnection point, capacity is not available due to delays caused by the adjacent TSO (period limited to 6 months) * For GRTgaz South to GRTgaz North capacity, signature of the standard transmission contract ** Principles to be confirmed by the CRE

40 Transmission contract in Spain  The transmission contract in Spain will be the standard Transmission Contract, with additional annexes reflecting the particularities of the Open Season process.  The annexes* will establish:  The necessary coordination with the French system of the starting date of the provision and invoicing of the service, including a period of 6 months during which the service will not be invoiced if, at a certain interconnection point, capacity is not available due to delays caused by the adjacent TSO.  The termination of the contract in case of negative investment decision by the French TSOs.  This amended standard Transmission Contract will be included in the OS documentation (binding Spanish version), alongside a non-binding English version.  The standard transmission contract in Enagás system is available at: %2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere= &ssbinary=true * Principles to be confirmed by the Spanish regulators

41 7 Other

42 Contractual framework between TSOs  A Non-Disclosure Agreement between the four TSOs was signed in May 2009 to ensure confidentiality during the process.  A Memorandum of Understanding setting the terms and conditions of the coordinated development program and coordinated decision making processes has been agreed between the four TSOs. It will be signed in July  The contractual framework also includes other bilateral agreements between TSOs, dealing with technical conditions at the interconnection points.

Thank you for your attention!