RECEIVING, STORAGE AND REGASIFICATION OF THE LNG

Transcription

1 RECEIVING, STORAGE AND REGASIFICATION OF THE LNG 1) MANAGEMENT OF NON-COMPLIANCE WITH THE MONTHLY LNG DELIVERY SCHEDULE OR OF SPOT BERTHINGS ) FAILURE TO PERFORM AN UNLOADING OPERATION ) Failure to Unload for Reasons not Attributable to the Operator ) Failure to Unload for Reasons Attributable to the Operator ) FAILURE TO COMPLY WITH THE ACCEPTANCE WINDOW ) Carrier in the Acceptance Window ) Failure to Comply with the Acceptance Window for Reasons not Attributable to the Operator ) Failure to comply with the Window for reasons attributable to the Operator ) FAILURE TO COMPLY WITH THE UNLOADING WINDOW ) Failure to comply with the Unloading Window for reasons not attributable to the Operator ) Failure to comply with the Unloading Window for reasons attributable to the Operator ) DELAYS NOT ATTRIBUTABLE TO THE OPERATOR ) ACCEPTANCE OF THE LNG CARRIER TO UNLOAD AFTER THE ACCEPTANCE WINDOW HAS CLOSED ) [REMOVED IN THE UPDATE OF THE REGASIFICATION CODE, REV I] ) FAILURE TO COMPLY WITH QUALITY SPECIFICATIONS ) OFF-SPECIFICATION LNG AT THE LOADING PORT ) OFF-SPECIFICATION LNG AT THE DELIVERY POINT ) ADJUSTMENT OF THE WOBBE INDEX ) QUALITY AND PRESSURE AT THE REDELIVERY POINT ) FEES FOR REGASIFICATION SERVICE ) FEES FOR CORE REGASIFICATION SERVICES ) IMBALANCE CHARGES FOR THE CORE CONTINUOUS REGASIFICATION SERVICE ) IMBALANCE CHARGES BETWEEN THE SCHEDULED VOLUME IN MONTH M AND THE VOLUME DELIVERED IN MONTH M ) IMBALANCE CHARGES BETWEEN THE VOLUME DELIVERED AND AVAILABLE CAPACITY ) IMBALANCE CHARGES FOR THE CORE SPOT REGASIFICATION SERVICE ) IMBALANCE CHARGE BETWEEN THE VOLUME SCHEDULED AND DELIVERED ) IMBALANCE CHARGES BETWEEN THE VOLUME DELIVERED AND AVAILABLE CAPACITY ) FEES FOR FLEXIBILITY SERVICES ) REDELIVERY FLEXIBILITY SERVICE ) TEMPORARY STORAGE SERVICE ) FEES FOR ANCILLARY AND OPTIONAL SERVICES

2 1) MANAGEMENT OF NON-COMPLIANCE WITH THE MONTHLY LNG DELIVERY SCHEDULE OR OF SPOT BERTHINGS Non-compliance with the schedule of LNG delivery or of allocated spot berthings, means: failure to perform an unloading operation scheduled for month M or a spot berthing allocated in month M; failure to comply with the Acceptance Window of a Scheduled Arrival Date in month M, if the communication between the Parties takes place later than the third calendar day before the Scheduled Arrival Date; failure to comply with the Unloading Window of a Scheduled Arrival Date in month M 1.1) Failure to Perform an Unloading Operation 1.1.1) Failure to Unload for Reasons not Attributable to the Operator If, for reasons not attributable to the Operator, the User is unable to perform an unloading operation scheduled in month M or a spot berthing allocated in month M, the User must notify the Operator. In that case, the User shall lose the right, acquired during the scheduling process or of the spot capacity allocation, to perform that unloading operation. Following receipt of notice from the User of the failure to perform a delivery operation, GNL Italia shall apply the following fees. If the notice of failure to unload is received between the eighth day before the Scheduled Arrival Date and the Scheduled Arrival Date, the User shall pay the Operator: a fee, Cmd, for the failure to unload equal to: C md = T* *C* Cd where C is the assignment charge determined by the assignment procedures set out in Chapter 5, a coefficient equal to 0.7 as defined by the Authority under Resolution No. 178/05 and the value of T depends on the number of days of advance notice of failure to unload given before the Scheduled Arrival Date: Days of advance notice Value of T <

3 notwithstanding payment of the fees for the core regasification service with regard to the unloading in question ) Failure to Unload for Reasons Attributable to the Operator If, for reasons attributable to the Operator, the User is unable to carry out an unloading operation scheduled in month M, the Operator must notify the User. In this case, the User shall be exempt from payment of the regasification rate for the unloading operation in question and the Operator shall pay the User an amount C'md for the failure to unload equal to: C md = T* *C* Cd where C is the assignment charge determined by the assignment procedures set out in Chapter 5, a coefficient equal to 0.7 as defined by the Authority under Resolution No. 178/05 and the value of T depends on the number of days of advance notice of failure to perform the unloading operation before the Scheduled Arrival Date: Days of advance notice Value of T > < ) Failure to Comply with the Acceptance Window 1.2.1) Carrier in the Acceptance Window If an LNG Carrier arrives at the PBS in accordance with the Acceptance Window, the Operator must accept that Carrier for the unloading operation within the Acceptance Window, suitably informing the LNG Carrier thereof and taking into account the regulations in force. If despite the notices specified in the "Delivery of LNG and redelivery of natural gas" chapter, the LNG Carrier arrives at the PBS within the Acceptance Window but cannot moor by the end of the Acceptance Window for reasons not attributable to the Terminal, GNL Italia may refuse to accept that LNG Carrier for the unloading operation. In such a circumstance, the following shall apply: as set out under "Failure to Unload for Reasons not Attributable to the Operator", if the conditions for acceptance of the Carrier for unloading are not met; 10-3

4 the provisions set out in the "Failure to Comply with the Acceptance Window for Reasons not Attributable to the Operator" paragraph in the event of a positive outcome of the feasibility check, by the Operator, of such unloading operation ) Failure to Comply with the Acceptance Window for Reasons not Attributable to the Operator If, for reasons not attributable to the Operator, the User is unable to comply with the acceptance window, the User must notify the Operator. In this case, the Operator is not bound to receive the Carrier in question for unloading. However, in such a circumstance the Operator shall check whether it is possible to unload the LNG at a later date, provided that: there is the availability to moor at the pier; there is available capacity in the storage tanks, also for all the other unloading operations scheduled for the rest of the month and during the following months; the Carrier's Acceptance Window does not overlap with the Unloading Window of the previous Carrier scheduled to unload (early arrival); the Unloading Window of the Carrier does not overlap with the Acceptance Window of the next Carrier scheduled to unload (late arrival). By the end of the calendar day following the date of receipt of the notice, the Operator shall notify the User of: the new Acceptance Window (and the new Scheduled Arrival Date), in case of acceptance of the notice sent by the User; the confirmation of the Acceptance Window as indicated in the Monthly LNG Delivery Schedule, if the notice sent by the User is rejected. If it is not possible to unload, the User of the early/late Carrier will lose its right to unload, assigned during the scheduling process or allocation of spot capacity, and the provisions of the preceding paragraph entitled "Failure to Unload for Reasons not Attributable to the Operator" shall apply ) Failure to comply with the Window for reasons attributable to the Operator If, for reasons attributable to the Operator, the User is unable to comply with the Acceptance Window, the Operator must notify the concerned User, that may unload on the date agreed with the Operator. If it is not possible to unload, the procedures described in the paragraph entitled "Failure to unload for reasons attributable to the Operator" shall apply. 1.3) Failure to Comply with the Unloading Window 1.3.1) Failure to comply with the Unloading Window for reasons not attributable to the Operator If the unloading operations are not completed within the Unloading Window for reasons not attributable to the Operator, when the time allocated to the window is up, the Operator may request the discontinuation of unloading operation. 10-4

5 If the Operator authorizes the continuation of the unloading operations, the Unloading Window will respecting the Acceptance Window of the next scheduled LNG Carrier be prolonged accordingly. If it is not possible to complete unloading operations in compliance with the Acceptance Window of the next scheduled Carrier, the Carrier must stop unloading operations and immediately leave the berthing area. If, for safety reasons, it is not possible to discontinue unloading operations, the User must hold the Operator harmless from all costs and expenses incurred as a consequence of its failure to comply with the Unloading Window for reasons not attributable to the Operator ) Failure to comply with the Unloading Window for reasons attributable to the Operator If unloading operations have not been completed within the Unloading Window for reasons directly attributable to the Operator and if in accordance with the Acceptance Window of the next scheduled LNG Carrier it is possible to extend the window, the User shall inform the Operator of its intention to either stop or continue unloading at the end of the original Unloading Window. If the User communicates its intention to continue the unloading operations, the Unloading Window will be extended accordingly If it is not possible to complete unloading operations in compliance with the Acceptance Window of the next scheduled LNG Carrier, the LNG Carrier must stop unloading operations and immediately leave the berthing area: in that case the provisions set out in the paragraph entitled "Failure to unload for reasons attributable to the Operator", referred to in paragraph "Failure to unload for reasons attributable to the Operator" shall apply. 1.4) Delays not Attributable to the Operator The Operator cannot be held responsible for any delays, including but not limited to the following examples: time waiting for port services and any other operation concerning the Carrier; time taken for the LNG Carrier to move from the PBS or from the anchorage point, starting from the time the Carrier communicates its NOR, until moored at the pier, minus any time the LNG Carrier spends waiting at the PBS or the anchorage area that is attributable to the Operator; time lost during mooring at the start of unloading operations which is attributable to the Carrier; time lost due to delays and/or interruptions in mooring and unloading due to adverse weather and sea conditions; time lost due to compliance with the provisions and regulations relating to the port of La Spezia and/or the Terminal; time taken to manage unloading if the temperature of LNG delivered is greater than -160 C 10-5

6 and further delays as indicated below, if not directly attributable to the Operator: waiting for healthcare procedures compliance; time spent completing ballast manoeuvres (if not done at the same time as unloading); waiting for customs procedures compliance when moored or anchored in the port; the supply of fuel, supplies and nitrogen. 1.5) ACCEPTANCE OF THE LNG CARRIER TO UNLOAD AFTER THE ACCEPTANCE WINDOW HAS CLOSED GNL Italia reserves the right to accept a request made by the User concerned, no later than the day before the Scheduled Arrival Date, to moor the LNG Carrier between 20:01 and 24:00 (Italian time) of the Scheduled Arrival Date, provided that the request is occasional and occurs after the successful completion of the appropriate verification carried out by the Operator, without prejudice to: i) the application of an Unloading Window of 54 hours, starting from the end of the acceptance window in question (24:00); ii) the payment of additional costs incurred by the Operator depending on such activity, according to the terms and conditions published on GNL Italia's website. The corresponding request form is published on GNL Italia s website. Communication with regard to the outcome of the verification concerning the request as set out in this paragraph shall be sent by GNL Italia by 13:00 hours on the Scheduled Arrival Date. 2) [REMOVED IN THE UPDATE OF THE REGASIFICATION CODE, REV I] 3) FAILURE TO COMPLY WITH QUALITY SPECIFICATIONS 3.1) Off-specification LNG at the Loading Port If the quality of the LNG loaded as notified by the User to the Operator per the provisions of the "Methods and procedures for authorising the unloading of LNG Carriers" chapter is not compliant with the quality specifications described in the "Quality of the LNG Delivered and of the Gas Redelivered" chapter, paragraph 2, the Operator may refuse to accept such off-specification LNG and refuse to unload the LNG Carrier's cargo at the Terminal, notifying the User within 12 hours of receipt of the aforementioned notice. In case of refusal, the User shall lose the right to that unloading operation acquired during the scheduling process or of spot capacity allocation and must pay the Operator the amount set out in paragraph (Failure to Unload for Reasons Not Attributable to the Operator). 10-6

7 3.2) Off-specification LNG at the Delivery Point If the quality of the LNG loaded as notified by the User to the Operator in accordance with the provisions of the "Methods and procedures for authorising the unloading of LNG Carriers" chapter complies with the quality specifications set out in paragraph 2 but when the LNG is unloaded, it does not conform to the specifications set out in paragraph 2, using good sense and diligence, the Operator shall take all the appropriate steps to unload the LNG, notwithstanding the Operator s right to reject the off-specification LNG and to stop the unloading. In the event of refusal, the User must pay the Operator the amount specified in the "receiving, storage and regasification of LNG" chapter, paragraph (Failure to Unload for Reasons Not Attributable to the Operator). In the event of acceptance of the LNG in question, the User must pay all costs and expenses, duly documented, incurred by the Operator as a result of the off- specification LNG. 3.3) Adjustment of the Wobbe Index If the User delivers quantities of LNG to the Operator at the Delivery Point that have a Wobbe Index value between and MJ/Sm3, it will be necessary to use the Terminal's equipment to bring the Wobbe Index of the regasified LNG within compatible limits to allow it to be injected into the Snam Rete Gas methane pipeline network. It should be noted that if the Wobbe Index of the delivered LNG is higher than MJ/Sm 3, the adjustment of this value to bring it within compatible limits for its injection into the transportation network will determine a reduction of regasification capacity at the Terminal. In this case, the Operator shall implement this reduction only if and to the extent that it does not have any negative impact on the receiving and regasification schedule of subsequent LNG Carriers. If the ancillary service to adjust the Wobbe Index is provided, the relevant fees set out in this chapter shall apply. 3.4) Quality and Pressure at the Redelivery Point Notwithstanding the provisions of the preceding paragraphs of this chapter, the Operator shall ensure that the quality and pressure of the regasified LNG are compatible with the parameters required for its injection into the transportation network. 4) FEES FOR REGASIFICATION SERVICE 4.1) Fees for Core Regasification Services Access Fees In relation to the continuous and spot core regasification services set out in paragraph 2 of the "Description of the Services" chapter, the assignment charge determined by the assignment procedures as set out in Chapter 5 and all other fees relating to the regasification rates required by the Authority, as published on GNL Italia's website, 10-7

8 applied to contractual quantities of LNG committed by the User shall apply. For each Slot assigned to the User, the contractual quantity of LNG engaged shall be the regasification capacity of one Slot, obtained by multiplying the Terminal s daily regasification capacity, as set out in Chapter 2(3.3), by the number of days of a Slot, as published on GNL Italia's website. For each spot berthing allocated to the User, the contractual quantity of LNG committed shall be the Maximum Unloading Capacity for that spot berthing. Coefficient to cover the consumption and losses related to the regasification chain In relation to the continuous and spot core regasification services as set out in paragraph 2 of the "Description of the Services" chapter, the coefficient to cover the consumption and losses related to the regasification chain applied to the volumes of LNG unloaded by the User shall apply. This coefficient, approved by the Authority, is published on GNL Italia's website. Fees for the transport service The quantities of LNG regasified at the Terminal are injected into the network within the transport capacity available to the Operator, pursuant to the provisions of Article 8 of Resolution No. 137/02 at the Panigaglia Entry Point: the transport capacity requested by GNL Italia to Snam Rete Gas shall be determined, without prejudice to the allocations set out in Resolution No. 168/06 and ARG/gas No. 2/10, to an extent equal to the maximum send-out ratio, i.e. the ratio between the regasification capacity allocated to Users and the Terminal's regasification capacity. The Operator shall distribute the transportation fees charged to it by Snam Rete Gas among the Terminal Users on the basis of the procedures described below. Capacity charge Each month, GNL Italia shall determine the quota of the overall capacity charge payable by GNL Italia to Snam Rete Gas for the month in question applicable to each User. The quota is determined using the following formula: QuotaEntry M k M Qk SO CP M E Qtot where: M QuotaEntry k is the share of the monthly capacity payment due by GNL Italia to Snam Rete Gas, attributable to User k for month M; Q M k is equal to the regasification capacity allocated to User k in month M by GNL Italia Q tot M is equal to the overall regasification capacity available in month M, as published by GNL Italia on its website; 10-8

9 SO is the maximum daily send-out of the terminal (as defined in paragraph 1.1(o) of Resolution ARG/gas No. 2/10) CP E is the unitary capacity fee for the Panigaglia Entry Point, as published on the Snam Rete Gas SpA website. represents the multiplier factor published on the website of Snam Rete Gas SpA applicable to monthly transport capacity allocation. Variable Fee Each month, GNL Italia shall determine the quota of the overall variable transportation fee payable by GNL Italia to Snam Rete Gas and the related surcharges to be charged to each User. The quota is determined according to the quantities injected into the network for the User during the month in question, as results from the allocation procedure set out in the "Scheduling of LNG Delivery and Regasification" chapter, compared to the total amount injected into the network at the Panigaglia Entry Point in that same month. The amount of gas for own consumption Each month, GNL Italia will determine the amount of gas for own consumption attributable to each User to cover the total gas for own consumption due by GNL Italia to Snam Rete Gas. The quota is determined according to the quantities injected into the network for the User during the month in question, as results from the allocation procedure set out in the "Scheduling of LNG Delivery and Regasification" chapter, compared to the total amount injected into the network at the Panigaglia Entry Point in that same month. 5) IMBALANCE CHARGES FOR THE CORE CONTINUOUS REGASIFICATION SERVICE 5.1) Imbalance charges between the scheduled volume in month M and the volume delivered in month M+1 If the annual deviation of an User is greater than 10% of the sum S of the volumes of LNG scheduled to be delivered in each month M+1 of the Thermal Year in the delivery schedule defined on month M, the User, in addition to the provisions of paragraph 4.1 above, must pay a fee equal to 4.5 EUR/m3 liq multiplied by the difference between the annual deviation and 10% of the sum S. 5.2) Imbalance charges between the volume delivered and available capacity If the volume of LNG delivered by a User for a Constrained Slot it is entitled to is greater than the maximum quantity of LNG that the User can deliver, amounting to (Qmax), as set out in Chapter 9(1.1.3), the User, in addition to the provisions of paragraph 4.1, above, must pay a fee equal to 10% of the assignment charge determined by the assignment procedures set out in Chapter 5 for that Constrained 10-9

10 Slot, applied to the difference between the quantity of LNG actually delivered and the maximum quantity of LNG that the User can deliver (Qmax). This increase does not apply to measures enacted by the Ministry for Trade and Industry under Article 8.7 of Legislative Decree No. 164/00. 6) IMBALANCE CHARGES FOR THE CORE SPOT REGASIFICATION SERVICE 6.1) Imbalance charge between the volume scheduled and delivered If the monthly imbalance between the volume of LNG expected to be delivered by the User, as indicated in the spot regasification capacity purchase request as set out in Chapter 5, and the quantity of LNG actually delivered by the User in the same month is greater than 10% of the quantity expected to be delivered, the User, in addition to the provisions of paragraph 6.1 above, must pay a fee equal to 4.5 EUR/m3 liq multiplied by the difference between the imbalance and 10% of the quantity expected to be delivered. 6.2) Imbalance charges between the volume delivered and available capacity If the volume of LNG delivered by a User for a spot berthing it is entitled to is higher than the maximum quantity of LNG that the User can deliver, equal to the Maximum Unloading Capacity for that spot berthing, the User in addition to the provisions of paragraph 4.1 above, must pay a fee equal to 10% of the assignment charge determined by the assignment procedures set out in Chapter 5 for the same spot berthing, applied to the difference between the quantity of LNG actually delivered and the maximum quantity of LNG that the User can deliver (Maximum Unloading Capacity). This increase does not apply to measures enacted by the Ministry for Trade and Industry under Article 8.7 of Legislative Decree No. 164/00. 7) FEES FOR FLEXIBILITY SERVICES 7.1) Redelivery Flexibility Service The rate for the service (Tf) is equal to: T f = Cf * Q f Where: Cf is the variable fee for the provision of the Redelivery Flexibility Service, expressed in EUR/MWh 10-10

11 Q f is the daily flexibility volume of the Redelivery Flexibility Service, expressed in MWh. 7.2) Temporary Storage Service The Temporary Storage Service is provided on a monthly basis. The rate for the service (Ts) is equal to: Where: T s = Cs * c * Q s - Cs is the variable fee for the volumes required for the Temporary Storage Service, expressed in EUR/m3 liq/d; - c is the number of cycles for which the Temporary Storage Service is granted. Each cycle is of 10 days; - Q s is the total volume of LNG temporary storage provided by the Temporary Storage Service, expressed in m3 liq; 8) FEES FOR ANCILLARY AND OPTIONAL SERVICES Fees for ancillary services provided by the Operator at the Terminal and for the optional services described herein are published on GNL Italia's website