Operating Agreement. [contractlegalname] under the. between. [buyerlegalname] and [ENTITY] Version [docversion] Status: [docstatus]

Transcription

1 Preamble Operating Agreement under the between [buyerlegalname] and [ENTITY] Version [docversion] Status: [docstatus] [docreleasedate]

2 Preamble Preamble This Operating Agreement is made [oadayofweek], [oadatemmmddyyyy] in two originals between: [ENTITY] hereinafter also referred to as the Storage Services Provider on the one part and [buyerlegalname] hereinafter also referred to as the Customer on the other part. Whereas the Parties on [contractdatemmmddyyyy] entered into an agreement, as amended from time to time ( hereinafter called the SSA ), and whereas the Parties hereby wish to further detail their operational procedure pursuant to article [articleoperationalprocedure] in the SSA. Now therefore, it is hereby agreed as follows:

3 Table of contents Table of contents 1 Outline General Purpose This document Definitions General definitions Information exchange related definitions Document definitions General provisions 7 4 Dispatching procedure Provisions Ordering Daily Ordering Revised Availability Revised Request Revised Request Response Nomination at the system operator(s) Trading procedure Provisions Trading facility trades Daily Ordering and Closing Revised Trade Confirmation Documents Storage Availability Notice (SAN) Storage Request Notice (SRN) Storage Request Response Notice (SRRN) Trades Confirmation Notice (TCN) Acknowledgment Notice Rejection Notice Signatures 23 8 Appendix A Operational Term Sheet 1

4 Outline 1 Outline 1.1 General 1.1 Between [ENTITY] (Storage Services Provider) and [buyerlegalname] (Customer) a SSA exists under which the Storage Services Provider will provide Storage Services to the Customer. Between [ENTITY] (Trading Facility Provider) and [buyerlegalname] (Trading Facility User) a Membership Agreement may exist under which the Trading Facility Provider will provide to the Trading Facility User access to the secondary market for Storage Services organised and governed by the Trading Facility Provider. In order to operate the SSA, information between the Customer and the Storage Services Provider and between the Trading Facility Provider and Trading Facility User has to be exchanged. Information may be exchanged using appropriate means of communication as set out in the Operational Term Sheet. This Operating Agreement is entered into pursuant to 14.1 in the SSA. 1.2 Purpose 1.2 In this Operating Agreement under the SSA the following procedures are specified: Dispatching procedure. Trading procedure. 1.3 This document 1.3 Definitions of names and acronyms used in this Operating Agreement are described in chapter 2. The general provisions are stated in chapter 3. In chapter 4, the dispatching procedure is specified. In chapter 5, the trading procedure is specified. In chapter 6, the documents used in the procedures described in this Operating Agreement are specified. In chapter 7, this Operating Agreement is signed. In appendix A; the Operational Term Sheet (OTS), addresses, phone- and faxnumbers of the Parties operational units, contractual quantities and qualities, deadlines, lead times, identifications and other data to be used for the procedures described in this Operating Agreement are specified. GasTerra OA Final Clean.docx page 1

5 Definitions 2 Definitions All definitions set forth in the SSA will apply for this Operating Agreement except otherwise indicated by the context in which they are used or otherwise defined in this Operating Agreement. In this Operating Agreement the terms listed below shall have the following meaning and include the plural as well as the singular: 2.1 General definitions 2.1 Business Day shall refer to a werkdag and means a day, not Saturday or Sunday, which is neither an official holiday as meant in Article 3, first paragraph, of the Dutch Act Algemene Termijnenwet, nor a day equal to an official holiday by virtue of the second or third subsection of the above mentioned Act. 2.2 Customer shall mean the company entered into the SSA taking off Storage Services provided by the Storage Services Provider. 2.3 Contractual Unit shall mean the energy classifying unit kwh in which the SSA is operated. 2.4 Curtailment shall mean a temporary reduction or total breakdown of the service of the concerning system operator due to shortage of supply, shortage of capacity, interruption of the service or mismatches in the nomination process. 2.5 Day (gas day) shall mean a period beginning at 06:00 hours LET on any calendar day and ending at 06:00 hours LET on the following calendar day, taking into account the application of daylight savings time as agreed upon under the SSA. The reference date of any day is the date of the calendar day on which the day begins. Daily shall be construed accordingly. Day shall mean the day under reference. 2.6 Delivery Point shall mean the virtual location in the GTS transmission network called TTF or Title Transfer Facility where the Storage Services Provider will provide Storage Services to the Customer and that will serve as an entry and exit point at which Parties can transfer gas. 2.7 Dispatching procedure shall mean the procedure described in chapter 4 of this Operating Agreement. 2.8 Downstream shipper shall mean a company receiving gas at a Point on behalf of a Party. For each Point, if predefined, the downstream shipper(s) are specified in the OTS at [4A.6.2]. 2.9 Gas refers to matter that at a temperature of 15 C and at a pressure of bar is in a gaseous state and mainly consists of methane or other matter that due to its properties is equivalent to methane. GasTerra OA Final Clean.docx page 2

6 Definitions 2.10 Gas Market Instrument Specifications refers to a document provided by the Trading Facility Provider specifying the tradable Storage Services related instruments and informing about the process of trading such instruments Gasunie Transport Services B.V. or GTS shall mean the transmission system operator having its statutory seat in and officiating in Groningen, the Netherlands, offering gas transmission services in the Netherlands Hour shall mean a period of 3600 consecutive seconds. Hourly shall be construed accordingly Injection (to inject) shall mean the delivery of Gas by Customer to Storage Services Provider at the Delivery Point and the transfer of that Gas from Customer portfolio at GTS to Storage Services Provider portfolio at GTS Membership Agreement shall mean the duly executed agreement between Trading Facility Provider and the Trading Facility User pursuant to which they accept and are bound by the gas market rules of Trading Facility Provider as may be amended, supplemented or replaced from time to time Month shall mean a period of time beginning each first day of a month at 06:00 hours LET and ending at 06:00 hours LET on the first day of the following month taking into account the application of daylight savings time as agreed upon under the SSA. Monthly shall be construed accordingly Operating Agreement shall mean this Operating Agreement including Appendix A OTS shall mean the Operational Term Sheet as attached as Appendix A to this Operating Agreement Party shall mean either the Storage Services Provider or the Customer Parties shall mean both the Storage Services Provider and the Customer Point shall mean a virtual or physical point where the Storage Services Provider will provide Storage Services to the Customer as defined under the SSA and specified and described in the OTS at [4A.1] Storage Services Provider shall mean the company entered into the SSA providing Storage Services to the Customer Store shall mean the Gas-in-Storage account as kept by the Storage Services Provider for the Customer under the SSA Shipper shall mean a Downstream Shipper and/or an Upstream Shipper. GasTerra OA Final Clean.docx page 3

7 Definitions 2.24 Shipper code shall mean a code that identifies a Shipper in a unique way at the concerning system operator(s). The code has to be known to both Parties and to the system operator(s) at the concerning Point(s) Shipper Pair shall mean one Downstream Shipper and one Upstream Shipper at a Point Summer time period shall mean the period as defined by Directive 2000/84/EC of the European Parliament and of the Council of January 19 th 2001 on summer-time arrangements and as amended by the European Parliament or the Council from time to time Trading Facility shall mean the facility made available by the Trading Facility Provider to be used by the Trading Facility Users in order to trade tradable elements as defined in the SSA in C.1 under the conditions stated in the SSA in Appendix C Trading Facility Provider shall mean the company ICE Endex Markets B.V. organising the trading on the secondary market of Storage Services Trading Facility User shall mean a Customer having signed a Membership Agreement as stipulated by the Trading Facility Provider concerning the trading on the secondary market of Storage Services Trading Procedure Shall mean the procedure described in chapter 5 of this Operating Agreement Upstream shipper shall mean a company delivering gas at a Point on behalf of a Party. For each Point, if predefined, the upstream shipper(s) are specified in the OTS at [4A.5.2] UTC shall mean the solar time at the prime meridian (0º longitude) Week shall mean a period of time beginning each Monday at 06:00 hours LET and ending at 06:00 hours LET on the following Monday taking into account the application of daylight savings time as agreed upon under the SSA. Weekly shall be construed accordingly Withdrawal (to withdraw) shall mean the delivery of Gas by Storage Services Provider to Customer at the Delivery Point and the transfer of that Gas from Storage Services Provider portfolio at GTS to Customer portfolio at GTS. 2.2 Information exchange related definitions 2.35 Maximum Available Injection Capacity shall mean the maximum quantity of Gas the Customer is able to inject into the Store under the SSA and is expressed in kwh. GasTerra OA Final Clean.docx page 4

8 Definitions 2.36 Maximum Available Withdrawal Capacity shall mean the maximum quantity of Gas the Customer is able to withdraw from the Store under the SSA and is expressed in kwh Maximum Injection Rate shall mean the maximum flow rate at which the Customer is able to inject Gas into the Store and is expressed in kwh per Hour Maximum Withdrawal Rate shall mean the maximum flow rate at which the Customer is able to withdraw Gas from the Store and is expressed in kwh per Hour Requested Firm Injection Quantity shall mean the firm quantity of Gas the Customer requests to inject into the Store under the SSA in line with his contractual rights and obligations and is expressed per SSA in kwh per Day Requested Firm Withdrawal Quantity shall mean the firm quantity of Gas the Customer requests to withdraw from the Store under the SSA in line with his contractual rights and obligations and is expressed per SSA in kwh per Day Requested Conditional Injection Quantity shall mean the conditional quantity of Gas the Customer requests to inject additionally into the Store under the SSA in line with his contractual rights and obligations and is expressed per SSA in kwh per Day Requested Conditional Withdrawal Quantity shall mean the conditional quantity of Gas the Customer requests to withdraw additionally from the Store under the SSA in line with his contractual rights and obligations and is expressed per SSA in kwh per Day Resultant Firm Injection Quantity shall mean the firm quantity of Gas the Customer requests to inject or will receive injected into the Store considering any change resulting from a lower maximum injection availability and is expressed in kwh per Hour Resultant Firm Withdrawal Quantity shall mean the firm quantity of Gas the Customer requests to withdrawn or will receive withdrawn from the Store considering any change resulting from a lower maximum withdrawal availability and is expressed in kwh per Hour Resultant Conditional Injection Quantity shall mean the conditional quantity of Gas the Customer requests to inject additionally or will receive injected additionally into the Store and is expressed in kwh per Hour Resultant Conditional Withdrawal Quantity shall mean the conditional quantity of Gas the Customer requests to withdrawn additionally or will receive withdrawn additionally from the Store and is expressed in kwh per Hour. GasTerra OA Final Clean.docx page 5

9 Definitions 2.3 Document definitions 2.47 Storage Availability Notice (SAN) shall have the meaning as described in Storage Request Notice (SRN) shall have the meaning as described in Storage Request Response Notice (SRRN) shall have the meaning as described in Trades Confirmation Notice (TCN) shall have the meaning as described in Acknowledgment Notice (ACK) shall have the meaning as described in Rejection Notice (REJ) shall have the meaning as described in 6.6. GasTerra OA Final Clean.docx page 6

10 General provisions 3 General provisions 3.1 This Operating Agreement shall not affect nor alter any of the rights and obligations of the Parties under the SSA. In case of conflict between the provisions of this Operating Agreement and the SSA, the SSA shall prevail. 3.2 This Operating Agreement shall become effective upon signature and remain in force until the SSA is terminated or until a newer version of this Operating Agreement becomes effective. 3.3 If any Party requests so, the Parties shall meet to evaluate in good faith the need of amending this Operating Agreement. Any modification of and/or addition to this Operating Agreement agreed upon shall be made in writing and the consent to it shall not be unreasonably withheld. 3.4 When not using electronic data interchange, any reference to time shall be in: UTC minus one (1) hour in Winter time periods, UTC minus two (2) hours in Summer time periods. When using electronic data interchange, any reference to time shall be in UTC. 3.5 Switching from winter to summer time will cause a Day having only 23 hours. Switching from summer to winter time will cause a Day having 25 hours. All other Days will have 24 hours. 3.6 The articles of the SSA concerning applicable law, amendments, confidential information, assignment, ineffective provisions, default and non-waiver, force majeur and arbitration shall apply for the purpose of this Operating Agreement, mutatis mutandis. 3.7 Any standardized information provided for herein shall be deemed to have been given properly if delivered in due time by the communication means as defined in the OTS. 3.8 All information exchange shall be in the English language. 3.9 In case a received document cannot be processed or has to be rejected, the receiving Party shall inform the other Party by issuing a Rejection Notice If a document has been received and can be processed, the receiving Party shall inform the other Party by issuing an Acknowledgment Notice The Parties will make reasonable endeavours to follow the relevant common business practices as issued by the European Association for the Streamlining of Energy Exchange gas (EASEE-gas), as such procedures may at any time and from time to time be in force. The implementation of relevant common business practices will be GasTerra OA Final Clean.docx page 7

11 General provisions agreed by both Parties and will depend on both Parties' ability to comply with the relevant common business practices. GasTerra OA Final Clean.docx page 8

12 Dispatching procedure 4 Dispatching procedure 4.0 This Dispatching Procedure provides for the exchange of information which is required in order to make available, offtake and confirm the Storage Services in accordance with the Parties rights and obligations as described in the SSA. 4.1 Provisions For the efficient implementation of the SSA, the Parties shall cooperate in their dispatching operations The Customer shall request Storage Services in accordance with this Operating Agreement and the SSA and shall, to the extent made available, take what is requested. The Storage Services Provider shall cause Storage Services to be made available and delivered as requested by the Customer in accordance with this Operating Agreement and the SSA The Parties agree that any notifications under the Parties agreements that concern the delivery and/or offtake of the relevant quantities hereunder, shall be consistent with the information resulting from this Dispatching Procedure The Parties shall inform each other about their respective dispatching representatives, if any, in due time The Parties shall seek close cooperation in the dispatching operations in order to optimize availability and reliability of the deliveries and offtakes under the SSA If in emergency situations one of the Parties or both Parties have to revise notified quantities, the Party or Parties in question shall as soon as possible notify the other Party by phone and issue the revised document If not agreed otherwise, any quantity notified under the procedures herein has to be communicated in the contractual unit, kwh If not notified otherwise or if agreed so under the SSA, Daily flow rates will be made available with even Hourly flow rates throughout the Day(s) If a Curtailment situation at a Point is affecting the deliveries and/or offtakes under the SSA at this Point and this situation will appear after the agreed lead time before change at this Point, information will be exchanged in order to make available, deliver and offtake the changed quantities at this Point. In case this situation will appear within the agreed lead time, for the agreed lead time the nominated quantities will remain as notified and the allocation by the concerned system operator(s) will determine the deliveries and/or offtakes under the SSA for that period and Point and for the remaining time of the Curtailment situation information will be exchanged in order to make available, deliver and offtake the changed quantities at this Point. GasTerra OA Final Clean.docx page 9

13 Dispatching procedure Both Parties shall verify the notified quantities against the contractual boundaries agreed upon and applicable for the concerning period and shall inform other Party in case of differences. Both Parties shall be responsible for the verification of the confirmations received from the concerning system operator(s) against the nominations and shall inform the other Party in case of differences. 4.2 Ordering 4.2 The Storage Services Provider informs the Customer about the availability of Storage Services under the SSA. The Customer answers with a request informing the Storage Services Provider about the firm and conditional quantity the Customer intends to offtake under the SSA. The Storage Services Provider thereupon confirms the requested quantity and the assigned conditional quantity. The quantities exchanged in the ordering process shall be used to nominate the transportation at the concerning system operator(s). Information exchanged in an ordering process is binding Daily Ordering Periodically a conversation concerning the usage of the SSA for the next period between the Storage Services Provider and the Customer takes place. Storage Services Provider Customer Storage Availability Notice Storage Request Notice Storage Request Response Notice If specified so in the OTS at [7A.2.1] with a periodicity as specified in the OTS at [7A.1.2], the Storage Services Provider shall issue a Storage Availability Notice before the deadline as specified in the OTS at [7A.2.3]. The Storage Availability Notice shall contain the availability for the next period, the period being as specified in the OTS at [7A.1.4]. If specified so in the OTS at [7A.4.1] with a periodicity as specified in the OTS at [7A.1.2], the Customer shall issue a Storage Request Notice before the deadline as specified in the OTS at [7A.4.3]. The Storage Request Notice shall contain the requested firm and, if applicable, conditional offtake for the next period, the period being as specified in the OTS at [7A.1.4]. If the Storage Request Notice contains a valid request and if specified so in the OTS at [7A.5.1], the Storage Services Provider shall confirm the request by issuing a Storage Request Response Notice before the deadline as specified in the OTS at GasTerra OA Final Clean.docx page 10

14 Dispatching procedure [7A.5.3]. The Storage Request Response Notice shall contain the confirmed requested firm and, if applicable, conditional offtake for the next period, the period being as specified in the OTS at [7A.1.4] Revised Availability The Storage Services Provider may have to revise the availability. In the OTS at [7B.1.5], [7B.1.6] and [7B.1.7] is specified if and the conditions under which Storage Services Provider may revise the availability. Storage Services Provider Customer Storage Availability Notice Storage Request Notice Storage Request Response Notice The Storage Services Provider shall revise the availability by issuing a revised Storage Availability Notice. The Storage Services Provider has to consider the agreed lead time as specified in the OTS at [7B.2.3] before any revision may become effective and the Storage Availability Notice has to be sent by the Storage Services Provider and received by the Customer prior to this lead time. The Storage Availability Notice shall contain the availability for the period containing the revision, the period being as specified in the OTS at [7B.1.4]. If the quantities as requested in the most actual Storage Request Notice not comply with the revised availability, the Customer thereupon shall revise its request and issue a revised Storage Request Notice. The Customer has to consider the agreed lead time as specified in the OTS at [7B.4.3] before any revision may become effective and the Storage Request Notice has to be sent by the Customer and received by the Storage Services Provider prior to this lead time. The Storage Request Notice shall contain the requested firm and, if applicable, conditional offtake for the period containing the revision, the period being as specified in the OTS at [7B.1.4]. If the Storage Request Notice contains a valid request, the Storage Services Provider will confirm the request by issuing a revised Storage Request Response Notice. The Storage Services Provider has to consider the agreed lead time as specified in the OTS at [7B.5.3] before any revision may become effective and the Storage Request Response Notice has to be sent by the Storage Services Provider and received by the Customer prior to this lead time. The Storage Request Response Notice shall contain the confirmed requested firm and, if applicable, conditional offtake for the next period, the period being as specified in the OTS at [7B.1.4] Revised Request The Customer may have to revise the request. In the OTS at [7D.1.5], [7D.1.6] and [7D.1.7] is specified if and the conditions under which Customer may revise the requested quantities and/or Shipper(s). GasTerra OA Final Clean.docx page 11

15 Dispatching procedure Storage Services Provider Customer Storage Request Notice Storage Request Response Notice The Customer shall revise requested quantities and/or Shipper(s) by issuing a revised Storage Request Notice. The Customer has to consider the agreed lead time as specified in the OTS at [7D.4.3] before any revision may become effective and the Storage Request Notice has to be sent by the Customer and received by the Storage Services Provider prior to this lead time. The Storage Request Notice shall contain the requested firm and, if applicable, conditional offtake for the period containing the revision, the period being as specified in the OTS at [7D.1.4]. If the Storage Request Notice contains a valid request, the Storage Services Provider will confirm the request by issuing a revised Storage Request Response Notice. The Storage Services Provider has to consider the agreed lead time as specified in the OTS at [7D.5.3] before any revision may become effective and the Storage Request Response Notice has to be sent by the Storage Services Provider and received by the Customer prior to this lead time. The Storage Request Response Notice shall contain the confirmed requested firm and, if applicable, conditional offtake for the next period, the period being as specified in the OTS at [7D.1.4] Revised Request Response The Storage Services Provider may have to revise the request response, changing the partitioning of the quantities over one or more Shipper Pair(s) or revising the assigned conditional quantities. In the OTS at [7E.1.5], [7E.1.6] and [7E.1.7] is specified if and the conditions under which Storage Services Provider may revise the request response. Storage Services Provider Customer Storage Request Response Notice The Storage Services Provider shall revise the request response by issuing a revised Storage Request Response Notice. The Storage Services Provider has to consider the agreed lead time as specified in the OTS at [7E.5.3] before any revision may become effective and the Storage Request Response Notice has to be sent by the Storage Services Provider and received by the Customer prior to this lead time. The Storage Request Response Notice shall contain the confirmed requested firm and, if applicable, conditional offtake for the next period, the period being as specified in the OTS at [7E.1.4]. GasTerra OA Final Clean.docx page 12

16 Dispatching procedure 4.3 Nomination at the system operator(s) The Storage Services Provider and the Customer shall instruct their respective Shipper(s) to use the confirmed firm and, if applicable, conditional quantities in the Storage Request Response Notice to nominate the transportation of the Storage Services at the concerning system operator(s). Transportation nominations for revised quantities and/or revised shipping information shall be issued as soon as possible. Both Parties assure that all necessary nominations towards the concerning system operator(s) are carried out in order to ensure a correct matching by the concerning system operator(s) In case the information concerning this SSA in the transportation nomination(s) sent to the concerning system operator(s) by the Shipper(s) the Storage Services Provider uses for a Day differs from the information concerning this SSA in the transportation nomination(s) sent to the concerning system operator(s) by Shipper(s) the Customer uses for the same Day, the information in the transportation nomination(s) sent by the Shipper(s) the Storage Services Provider uses prevail (single sided nominations). GasTerra OA Final Clean.docx page 13

17 Trading procedure 5 Trading procedure 5.0 This Trading Procedure provides for the exchange of information that is required in order to inform the Trading Facility User about the accepted and rejected trades performed by the Trading Facility User on the Trading Facility. 5.1 Provisions For the efficient implementation of the SSA, the Trading Facility User, the Trading Facility Provider and the Storage Services Provider shall cooperate in their trading operations The Trading Facility User shall trade Storage Services in accordance with this Operating Agreement and the SSA. 5.2 Trading facility trades 5.2 The Trading Facility User uses the Trading Facility to enter orders for secondary trading of Storage Services. The Trading Facility Provider informs the Storage Services Provider and the Trading Facility User about the executed trades. The Storage Services Provider thereupon validates and administers the executed trades. The Storage Services Provider informs the Trading Facility User about approval and rejection of executed trades. Information exchanged in a trading process is binding Daily Ordering and Closing Every Business Day during the trading window defined in the Gas Storage Market Instrument Specifications, the Trading Facility User may place trading orders on the Trading Facility. Trades concerning Gas Day D have to be traded on day D-2 in case D-2 is a Business Day or in case D-2 is not a Business Day, the first Business Day prior to D-2. The Trading Facility matches trading orders, executes the trades and informs the Trading Facility User about executed trades. As the Trading Facility does not have information about the Store of the concerning SSA, the Trading Facility cannot validate the correctness of the executed trades. After closure of the trading window, Trading Facility Provider informs the Storage Services Provider about the executed trades during such trading window. The Storage Services Provider thereupon validates the notified executed trades and informs the Trading Facility User about the approval and rejection of the single executed trades by sending a Trades Confirmation Notice to the Trading Facility User before the deadline as specified in the OTS at [8A.2.3]. GasTerra OA Final Clean.docx page 14

18 Trading procedure Trading Facility Provider Trading Facility User Storage Services Provider Trade Order Trade Execution Notification Trade Execution Notification Trades Confirmation Notice Revised Trade Confirmation The Storage Services Provider might have to revise the Trades Confirmation Notice, revising the results of the validations performed. The Storage Services Provider informs the Trading Facility User about the revised approval and rejection of the single executed trades by sending a revised Trades Confirmation Notice to the Trading Facility User as soon as reasonably possible but ultimately before the start of the next Day. GasTerra OA Final Clean.docx page 15

19 Documents 6 Documents 6.1 Storage Availability Notice (SAN) General purpose The Storage Availability Notice shall be issued by the Storage Services Provider to inform the Customer about the availability of the Storage Services under the SSA. The Storage Availability Notice is also issued by the Storage Services Provider to inform the Customer about any revision thereof. Content of the document For the relevant period as specified in the OTS at [7A.1.4] and [7B.1.4], the Storage Availability Notice shall contain: Maximum Available Injection Capacity. Maximum Available Withdrawal Capacity. If these quantities are not available for each Hour of the relevant period, these quantities shall be specified for each Hour of the relevant period. If for the relevant period maximum flow rates apply the Storage Availability Notice shall also contain: Maximum Injection Rate. Maximum Withdrawal Rate. If these rates are not available for each Hour of the relevant period, these rates shall be specified for each Hour of the relevant period. Notification procedure The initial Storage Availability Notice shall be issued by the Storage Services Provider before the deadline as specified in the OTS at [7A.2.3]. A Storage Availability Notice revising a previous Storage Availability Notice shall be issued by the Storage Services Provider considering the agreed lead time as specified in the OTS at [7B.2.3] before any revision may become effective and the Storage Availability Notice has to be sent by the Storage Services Provider and received by the Customer prior to this lead time. If a revised Storage Availability Notice affects the last Storage Request Notice concerning the same period, the Customer shall respond by issuing a revised Storage Request Notice. If for the SSA for the relevant period a Storage Availability Notice is issued, such Storage Availability Notice shall replace any previous Storage Availability Notice for the SSA for the relevant period. Fallback procedure GasTerra OA Final Clean.docx page 16

20 Documents If the Customer does not receive an agreed periodic Storage Availability Notice the Customer will instantaneously issue a wake up call. If, after the call, a Storage Availability Notice is still not received, the quantities as agreed upon in the SSA and specified in the OTS at [ ] and [ ] for such situations will apply. The maximum available quantities shall be deemed to have been notified to be for each Hour of the concerning period the maximum quantities as defined in the OTS at [4A.3.4.3] and [4A.3.5.3] and shall be available in a steady flow. 6.2 Storage Request Notice (SRN) General purpose The Storage Request Notice shall be issued by the Customer to inform the Storage Services Provider about the requested firm, and if applicable, conditional quantity of Storage Services which Customer intends to offtake under the SSA for the concerning period, the Shipper Code(s) which Customer intends to use and the corresponding flow rates. The Storage Request Notice will also be issued to inform about any revision thereof. Content of the document For the relevant period as specified in the OTS at [7A.1.4], [7B.1.4] and [7D.1.4], the Storage Request Notice shall contain: Requested Firm Injection Quantity. Requested Firm Withdrawal Quantity. For the relevant period, if conditional quantities are requested, the Storage Request Notice shall contain: Requested Conditional Injection Quantity. Requested Conditional Withdrawal Quantity. For each of the concerning Shippers the Customer intends to use, the Storage Request Notice shall contain: Resultant Firm Injection Quantity. Each Resultant Firm Injection Quantity shall refer to a specific Upstream Shipper Customer intends to use. Resultant Firm Withdrawal Quantity Each Resultant Firm Withdrawal Quantity shall refer to a specific Downstream Shipper Customer intends to use. If conditional quantities are requested, for each of the concerning Shippers the Customer intends to use, the Storage Request Notice shall contain: Resultant Conditional Injection Quantity. Each Resultant Conditional Injection Quantity shall refer to a specific Upstream Shipper Customer intends to use. Resultant Conditional Withdrawal Quantity Each Resultant Conditional Withdrawal Quantity shall refer to a specific Downstream Shipper Customer intends to use. If quantities are not requested in a steady hourly rate over the relevant period, these quantities shall be specified in an hourly rate for each Hour of the relevant period. GasTerra OA Final Clean.docx page 17

21 Documents Notification procedure The initial Storage Request Notice shall be issued by the Customer before the deadline as specified in the OTS at [7A.4.3]. A Storage Request Notice revising a previous request shall be issued by the Customer considering the agreed lead time as specified in the OTS at [7B.4.3] before any revision may become effective and the Storage Request Notice has to be sent by the Customer and received by the Storage Services Provider prior to this lead time. If the Storage Services Provider receives a Storage Request Notice, the Storage Services Provider shall respond by issuing a Storage Request Response Notice. If for the SSA for the relevant period a Storage Request Notice is issued, such Storage Request Notice shall replace any previous Storage Request Notice for the SSA for the relevant period. Fallback procedure If Storage Services Provider does not receive an agreed periodic Storage Request Notice or if Storage Services Provider does not receive a Storage Request Notice after Storage Services Provider issued a revised Storage Availability Notice, the Storage Services Provider will issue a wake up call. If, after the call, a Storage Request Notice is still not received, the requested quantities shall be deemed to have been requested to be for each Hour the injection and or withdrawal as requested in the last validated and approved received Storage Request Notice containing requested quantities for the concerning period. If no such Storage Request Notice is available to the Storage Services Provider the requested quantities shall be deemed to be zero for each Hour. 6.3 Storage Request Response Notice (SRRN) General purpose The Storage Request Response Notice shall be issued by the Storage Services Provider to confirm the firm quantities as requested by the Customer for the relevant period in the Storage Request Notice issued by the Customer and to notify and confirm the quantities assigned based upon the conditional quantities as requested by the Customer for the relevant period in the Storage Request Notice issued by the Customer and will notify the Shipper Pair(s) involved in the delivery and/or offtake of Gas and will be issued to inform about any revision thereof. Content of the document For the relevant period, for each involved Shipper Pair, the Storage Request Response Notice shall contain: Resultant Firm Injection Quantity. Each Resultant Firm Injection Quantity shall refer to a specific Upstream Shipper Customer intends to use and a specific Downstream Shipper Storage Services Provider intends to use. GasTerra OA Final Clean.docx page 18

22 Documents Resultant Firm Withdrawal Quantity. Each Resultant Firm Withdrawal Quantity shall refer to a specific Downstream Shipper Customer intends to use and a specific Upstream Shipper Storage Services Provider intends to use. If conditional quantities have been requested, for the relevant period, for each involved Shipper Pair, the Storage Request Response Notice shall contain: Resultant Conditional Injection Quantity. Each Resultant Conditional Injection Quantity shall refer to a specific Upstream Shipper Customer intends to use and a specific Downstream Shipper Storage Services Provider intends to use. Resultant Conditional Withdrawal Quantity. Each Resultant Conditional Withdrawal Quantity shall refer to a specific Downstream Shipper Customer intends to use and a specific Upstream Shipper Storage Services Provider intends to use. If quantities are not to be offtaken or delivered in a steady hourly rate over the relevant period, these quantities shall be specified in an hourly rate for each Hour of the relevant period. The quantities and Shipper Pair(s) specified in the Storage Request Response Notice shall be used by the concerning Shippers to nominate transportation at the relevant system operator(s). Notification procedure The initial Storage Request Response Notice shall be issued by the Storage Services Provider before the deadline as specified in the OTS at [7A.5.3]. A Storage Request Response Notice revising a previous Storage Request Response Notice shall be issued by the Storage Services Provider considering the agreed lead time as specified in the OTS at [7B.5.3] before any revision may become effective and the Storage Request Response Notice has to be sent by the Storage Services Provider and received by the Customer prior to this lead time. If for the SSA for the relevant period a Storage Request Response Notice is issued, such Storage Request Response Notice shall replace any previous Storage Request Response Notice for the SSA for the relevant period. Fallback procedure If Customer does not receive an agreed periodic Storage Request Response Notice or if Customer does not receive a Storage Request Response Notice after Customer issued a revised Storage Request Notice, the Customer will issue a wake up call. If, after the call, a Storage Request Response Notice is still not received, the confirmed quantities shall be deemed to be for each day the requested firm quantities as requested in the most actual Storage Request Notice and the default Shipper(s) will be used. GasTerra OA Final Clean.docx page 19

23 Documents 6.4 Trades Confirmation Notice (TCN) General purpose The Trades Confirmation Notice shall be issued by the Storage Services Provider to inform the Trading Facility User about the approval and rejection of executed trades. Content of the document For each executed trade, the Trades Confirmation Notice shall contain: SSA identification. Trade execution date and time stating the time the trade was executed on the Trading Facility. Original order identification identifying the order given by the Trading Facility User. Instrument type specifying the type of SSA component traded. Instrument duration specifying the duration in case of duration related instrument types. Quantity defining the quantity traded. Unit of measurement. Settlement date and time specifying the date and time the SSA component changes ownership. Trade action (buy or sell). Price (amount and currency). Conclusion specifying whether the executed trade has been approved or rejected. Rejection reason. Notification procedure The initial Trades Confirmation Notice shall be issued by the Storage Services Provider before the deadline as specified in the OTS at [8A.2.3]. A Trades Confirmation Notice revising a previous Trades Confirmation Notice shall be issued by the Storage Services Provider as soon as reasonably possible but ultimately before the start of the next Day. If for the SSA for the relevant period a Trades Confirmation Notice is issued, such Trades Confirmation Notice shall replace any previous Trades Confirmation Notice for the SSA for the relevant period. Fallback procedure If the Trading Facility User did conclude trades on the Trading Facility but does not receive a Trades Confirmation Notice, the Trading Facility User will instanteanously issue a wake up call. If, after the call, a Trades Confirmation Notice is still not re- GasTerra OA Final Clean.docx page 20

24 Documents ceived, the executed trades are to be considered as rejected by the Storage Services Provider. 6.5 Acknowledgment Notice General purpose The Acknowledgment Notice shall be issued by one Party to inform the other Party about the receipt and or acceptance of a document sent by the latter Party. Content of the document The Acknowledgment Notice shall contain: An identification of the document that is acknowledged. The reason of the acknowledgment: o Document has been received. o Document has been processed and awaits approval. o Document has been processed and approved (accepted). Notification procedure If no electronic data interchange is in place, the acknowledging Party shall as soon as possible notify the other Party by phone and issue the Acknowledgment Notice thereupon. If electronic data interchange is in place, the acknowledging Party shall as soon as possible notify the other Party by issuing the Acknowledgment Notice. Fallback procedure If electronic data interchange is in place and the Acknowledgment Notice is sent but considered not to be received by the other Party, the acknowledging Party will notify the other Party by phone. 6.6 Rejection Notice General purpose The Rejection Notice shall be issued by one Party to inform the other Party about the rejection of a document sent by the latter Party. Content of the document The Rejection Notice shall contain: An identification of the document that has been rejected. GasTerra OA Final Clean.docx page 21

25 Documents The reason of the rejection. Notification procedure If no electronic data interchange is in place, the rejecting Party shall as soon as possible notify the other Party by phone and issue the Rejection Notice thereupon. If electronic data interchange is in place, the rejecting Party shall as soon as possible notify the other Party by issuing the Rejection Notice. Fallback procedure If electronic data interchange is in place and the Rejection Notice is sent but considered not to be received by the other Party, the rejecting Party will notify the other Party by phone. GasTerra OA Final Clean.docx page 22

26 Signatures 7 Signatures 7.0 Place Date Storage Services Provider Storage Services Provider [Entity] Name Title [ENTITY} Name Title Place Date Customer Customer [buyerlegalname] [buyerlegalname] GasTerra OA Final Clean.docx page 23

27 Operational Term Sheet 8 Appendix A Operational Term Sheet Validity of this Operational Term Sheet Valid from (including) gas day Valid to (including) gas day [buyerlegalname] information 1 Identification 1.1 [buyerlegalname] identification [buyerid] Identification coding system Edigas Operational unit A 1.2A Operational unit B 1.2B Short name 1.2A.1 [buyeropsunita] Short name 1.2B.1 [buyeropsunitb] Visiting address 1.2A.2 Visiting address 1.2B.2 Phone 1.2A.3 Phone 1.2B.3 Phone (backup) Phone (backup) Fax (ordering) 1.2A.4 Fax (ordering) 1.2B.4 Fax (backup) Fax (backup) 1.2A B.5 (ordering) 1.2A.6 (ordering) 1.2B.6 Contact 1.2A.7 Contact 1.2B.7 Responsible 1.2A.8 Responsible 1.2B.8 EDI format 1.2A.9 EDI format 1.2B.9 EDI protocol 1.2A.10 EDI protocol 1.2B.10 Shipper code 1.2A.11 [ENTITY] information 2 Identification 2.1 [ENTITY] identification [sellerid] Identification coding system Edigas Operational unit A 2.2A Operational unit B 2.2B Short name 2.2A.1 Gas Storage Operations Short name 2.2B.1 Trading Operations Visiting address 2.2A.2 Visiting address 2.2B.2 Phone 2.2A.3 Phone 2.2B.3 Phone (backup) Phone (backup) Fax (ordering) 2.2A.4 Fax (ordering) 2.2B.4 Fax (backup) Fax (backup) 2.2A B.5 (ordering) 2.2A.6 (ordering) 2.2B.6 Contact 2.2A.7 Contact 2.2B.7 Responsible 2.2A.8 Responsible 2.2B.8 EDI format 2.2A.9 EDI format 2.2B.9 EDI protocol 2.2A.10 EDI protocol 2.2B.10 GasTerra OA Final Clean.docx OTS I

28 Operational Term Sheet Contract information 3 Identification 3.1 Legal contract name Identification used by [buyerlegalname] Identification used by [ENTITY] Contract details 3.2 Type of contract Storage Service Agreement Time definition UTC + 1 Daylight savings time (DST) system used European Start of gas day :00 Start of gas week Monday Start date/time dd.mm.ccyy hh:mm End date/time dd.mm.ccyy hh:mm Ordered by [buyerlegalname] Delivery terms firm (with a possibility to request conditional additional quantities) Flexible or fixed rate flexible Contractual unit kwh Contract balance usage Y/N DST influences daily quantity? Yes Delivery source Fixed (TTF) Maintenance option none Agreed quantities 3.3 Quantities per Output quantities From Day To Day Average Maximum Minimum Fallback The quantity of Gas-in- Storage as defined in the SSA in article 2.2. Input quantities From Day To Day Average Maximum Minimum Fallback The quantity of Available Space minus the quantity of Gas-in-Storage as defined in the SSA in article 2.2. Balance (quantities in kwh) From Day To Day Maximum Minimum Additional information 3.4 Quantities depend on the number of SBUs allotted to the agreement, the quantity of Gas-in-Storage, the rules concerning daily difference, the withdrawal factor definition and trades done on the secondary market. GasTerra OA Final Clean.docx OTS II

29 Operational Term Sheet Delivery/Redelivery point information 4A Identification 4A.1 Name 4A.1.1 Title Transfer Facility Identification 4A.1.2 TTF Identification coding system 4A.1.3 System operator Details 4A.2 Usage under the contract 4A.2.1 delivery and redelivery Physical/non-physical 4A.2.2 non-physical Delivery terms 4A.2.3 firm (with a possibility to request conditional additional quantities) Flexible or fixed rate 4A.2.4 Flexible (applying the rules as defined in the Storage Services Agreement) Nomination at system operator 4A.2.5 both parties, of which nominaion of [ENTITY} will be a single-sided nomination Lead time before change 4A.2.6 no change for gas day D allowed after 11:00 LET on D-1 Commodity 4A.2.7 Storage Services Agreed quantities 4A.3 Quantities in unit 4A.3.1 Output quantities 4A.3.4 From Day To Day Maximum 4A Minimum 4A Fallback 4A Max rate 4A Min rate 4A Input quantities 4A.3.5 From Day To Day Maximum 4A Minimum 4A Fallback 4A Max rate 4A Min rate 4A Agreed qualities 4A.4 Property Unit Maximum 4A.4.1 Minimum 4A.4.2 Upstream shipper(s) 4A.5 Flexible or predefined Code default shipper Codes additional shippers 4A.5.1 flexible taking into account informing [ENTITY] at least 3 business days before using a new shipper code. 4A.5.2 4A.5.3 Downstream shipper(s) 4A.6 Flexible or predefined Code default shipper Codes additional shippers 4A.6.1 flexible taking into account informing [ENTITY] at least 3 business days before using a new shipper code. 4A.6.2 4A.6.3 Additional information 4A.7 Quantities depend on the number of SBUs allotted to the agreement, the quantity of Gas-in-Storage, the rules concerning daily difference, the withdrawal factor definition and trades done on the secondary market. [ENTITY] will always and only use shipper code GSSFLEX. GasTerra OA Final Clean.docx OTS III

30 Operational Term Sheet Ordering procedure 7 Daily Ordering 7A.1 Periodically/Conditional/Optional/Not used 7A.1.1 Periodically periodicity when periodically 7A.1.2 Daily condition(s) when conditional 7A.1.3 Concerning period 7A.1.4 Week Storage Availability Notice (SAN) 7A.2 Mandatory/Conditional/Not used 7A.2.1 Mandatory condition(s) when conditional 7A.2.2 Deadline receipt notice 7A :00 on 1 Days before beginning of the concerning period Sender 7A.2.4 Gas Storage Operations Recipient (a)/copy recipient (b) [buyeropsunita]/[buyeropsunitb]7a.2.5a [buyeropsunita]/[buyeropsunitb] 7A.2.5b Format and protocol Excel sheet by 7A.2.6a 7A.2.6b Backup format and protocol Fax 7A.2.7a 7A.2.7b Storage Request Notice (SRN) 7A.4 Mandatory/Conditional/Not used 7A.4.1 Mandatory condition(s) when conditional 7A.4.2 Deadline receipt notice 7A :00 on 1 Days before beginning of the concerning period Sender 7A.4.4 [buyeropsunita] Recipient (a)/copy recipient (b) Gas Storage Operations 7A.4.5a 7A.4.5b Format and protocol Excel sheet by 7A.4.6a 7A.4.6b Backup format and protocol Fax 7A.4.7a 7A.4.7b Storage Request Response Notice (SRRN) 7A.5 Mandatory/Conditional/Not used 7A.5.1 Mandatory condition(s) when conditional 7A.5.2 Deadline receipt notice 7A :30 on 1 Days before beginning of the concerning period Sender 7A.5.4 [Department] Recipient (a)/copy recipient (b) [buyeropsunita]/[buyeropsunitb]7a.5.5a [buyeropsunita]/[buyeropsunitb] 7A.5.5b Format and protocol Excel sheet by 7A.5.6a 7A.5.6b Backup format and protocol Fax 7A.5.7a 7A.5.7b GasTerra OA Final Clean.docx OTS IV