Invoicing and payment. Network Code

Transcription

1 INVOICING AND PAYMENT 3.1) INVOICES RELATED TO THE TRANSPORTATION SERVICE ) OTHER TYPES OF INVOICE ) INVOICE ISSUE TERMS ) Invoices related to the transportation service ) Settling the economic items for the Balancing ) Other types of invoice ) Invoicing of amounts in relation to late adjustments ) Invoicing of transportation charges to Temporary Suppliers as part of the Default Transportation System ) Invoicing of the adjustment charge ) METHODS OF ISSUING INVOICES ) INVOICE PAYMENT ) Payment terms ) Late payment interest ) Payment by instalment ) Division of the connection contribution into instalments for Delivery Points from biomethane production plants ) INVOICING OF SELF-CONSUMPTION, LEAKS AND GAS UNACCOUNTED FOR

2 1) INTRODUCTION Snam Rete Gas issues invoices for transportation and balancing charges once all the relevant data is available; the issue of other invoices, such as those relating to any adjustment and interest for delayed payments, is also an integral part of this activity. 2) INVOICE TYPES The transportation tariff system associated with the Network Code distinguishes between capacity charges, measurement charge and variable charge: in addition, capacity charges are divided into a NN component and a RN component. The system also includes balancing charges as described in Chapter 9. In general, according to this document, the list of the invoices issued by Snam Rete Gas can be subdivided into those relating to the transport and balancing service and those that may be classified as other types of invoice. The former include the following items: a) NN capacity charges (for the Entry and Exit Points); b) RN capacity charges (for the Redelivery Points); c) measurement charge (for Redelivery Points); d) variable charge; e) overrun charge; f) imbalance charge; g) charges for the Shipper s non-availability of locational STSP products. As mentioned above, the Transporter also issues other types of invoice, as follows: h) invoices associated with the correction of mistakes contained in previously issued invoices, in the form of credit notes or additional invoices; i) invoices for late payment interest; j) invoices related to other items (such as, but not limited to, invoices related to adjustments applied starting from the 1st day of the Thermal Year, for capacity increases assigned after the start of the Thermal Year, the fees requested as a connection contribution, the fees defined in Resolution 40/2014/R/gas, annex A, article 8, in the cases described in that resolution). Furthermore, for the settlement of the economic entries deriving from the execution of the balancing service, Shippers issue an invoice to the Balancing Manager according to the indications in paragraph 4.1.2) below. - 2

3 3) INVOICE CONTENT 3.1) Invoices related to the transportation service Each invoice document of this type contains: the identification data of the Shipper; the number of the invoice; the type of the invoice; the month to which the invoice relates; the description relating to each item of the invoice; the monthly quantity, expressed in the corresponding volume or energy unit of measurement, relating to each item in the invoice; the monthly amount, in Euro, relating to each item in the invoice; the total amount invoiced, in Euro; the V.A.T. associated with the amounts invoiced. Regarding the balancing service, each document associated with the invoicing in question, issued pursuant to the provisions of paragraph 4.1.2) below, also contains: the daily quantities under the same paragraph 4.1.2), expressed in energy, and the relevant Imbalance; and in case of invoice issued by the Shipper: the identification data of the Balancing Manager; the reference code provided by the Balancing Manager. 3.2) Other types of invoice In the case of invoices associated with adjustments and/or corrections of mistakes contained in previously issued invoices, the document issued by Snam Rete Gas contains, regarding the documents under paragraph 2, letters h), i) and j): the identification data of the Shipper; the number of the invoice; the type of the invoice; the period to which the invoice relates; the cross-reference to the invoices to adjust/correct; the items to be adjusted/corrected; the details of the interest rate applied (for invoices detailed in paragraph 2, letter i); the amount due from, or the credit of, the Shipper, in Euro; the V.A.T. associated with the amounts invoiced. 4) INVOICE ISSUE AND PAYMENT TERMS 4.1) Invoice issue terms 4.1.1) Invoices related to the transportation service Due to the fact that the data needed to issue the different invoices becomes available at - 3

4 different times, the abovementioned transportation invoices will be issued by Snam Rete Gas in three stages. The Transporter issues the invoices relating to paragraph 2, letters from a) to g) usually as follows: for the invoices relating to paragraph 2, letters a), b) and c), with the exepction of invoices relating to the measurement charges referred to in Resolution 512/17, point 1, letter d), point ii, in relation to redelivery points which supplies thermoelectric power plants, by the 5th day of the month following the transportation month (invoicing month), with the exception of invoices related to data communicated by the Storage Companies, as described in Chapter 5, paragraph , that Snam Rete Gas issues later than the term indicated by the same paragraph, owing to the communication of said data by the Storage Companies; for the invoices relating to paragraph 2, letters d), by the 15th day of the invoicing month, with the exception of invoices relating to the data communicated by the interconnected Transport Companies, as described in Chapter 9, paragraph 4.3.2, which Snam Rete Gas issues at the end, referred to in that paragraph, for the communication of such data by the interconnected Transport Companies; for the invoices relating to paragraph 2, letters c), limited to the invoices relating to the measurement charges referred to in Resolution 512/17, point 1, letter d), point ii, in relation to redelivery points which supplies thermoelectric power plants, e) and f) and g), after the actual balance has been calculated. Where the day 5 or 15 is a Saturday, Sunday or non-working day, the issue date is postponed to the next working day ) Settling the economic items for the Balancing For the settlement of the economic items for the balancing under Chapter 9, paragraph 4.4, subject to the definitive balance being available, Snam Rete Gas, as Balancing Manager: 1. issues an invoice to each k-nth Shipper as regards the negative daily quantities related to the term DS k valued at the related Imbalance Buy Price P sbilbuy,g under Chapter 9, paragraph 4.4. The invoice payment terms are 15 days from invoice date. 2. Provides the Shipper, via a special online system with the detail of the positive daily quantities related to the term DS k valued at the Imbalance Sell Price P sbilsell,g, under Chapter 9, paragraph 4.4. Limited to the transitory market operation period as foreseen in paragraph 2.1 of resolution 312/16, downstream of the availability of the final balance, Snam Rete Gas as Balancing Operator is also engaged in the economic settlement of the quantities selected from the special GME platform according to the same methods and terms described in the previous paragraph. The value of these quantities shall be calculated by applying the relative remuneration prices communicated by the GME to the Balancing Operator. - 4

5 In cases where, in accordance with this paragraph, the total amounts due to the Shippers for month M are higher than the amounts owed by the Shippers to the Transporter for the same month M, the Transporter avails of the Electricity Sector Equalisation Fund (Treasury) to cover the charges associated with the gas balancing system referred to in TIB, paragraph 8.1, with a view to obtaining the resources necessary to pay the amounts referred to in this paragraph using the methods determined by the Authority. In this case, Snam Rete Gas will pay the amounts due to the Shippers within 30 days of receipt of such amounts by the Treasury. The Shipper agrees to the foregoing, expressly relieving Snam Rete Gas of any liability in relation to any possible consequences, including against third parties. The payment terms for invoices issued by the Shipper are 30 days from invoice date. The invoice issued must be sent exclusively according to the methods and to the address made available on Snam Rete Gas website. The Shipper may settle the amount due to Snam Rete Gas each month for the invoices regarding points 1 and 2 above referred to the same month M of reference, by the term under point 1. Snam Rete Gas will settle the amount due to each Shipper for the invoices regarding points 1 and 2 above referred to the same month M of reference, by the term under point 2. The payments regarding the balancing invoices must be made via bank transfers that are separate from the other invoices for the transportation system, stating the reason for the payment and the invoicing number. In the event of early termination of the Transportation Contract in accordance with Chapter 5, paragraph 1.4.5, any economic items (including those related to gas purchased at the Virtual Trading Point) deriving from quantities of gas injected into the network by the Shipper concerned by the termination of the Transportation Contract in the period following the effective date of the termination will be subject to economic adjustment and will be considered by Snam Rete Gas for compensation of any economic items owed to the Shipper by the Balancing Operator. If in a given Gas-Day, the Imbalance Price equals zero, the description grant, pursuant to art. 2, par. 2, n. 4 of Pres. Decree must be specified in the invoice. Only for the purposes of determining the VAT taxable base, a conventional price, calculated as a function of prices occurred on M-GAS Platform, will be applied to the quantities of the same Gas-Day. If 4 months pass from providing the information needed to issue the invoice without the Shipper issuing the invoice, the Balancing Manager shall issue a self-invoice for the amounts due, as provided for by Legislative Decree 491/97. The operating invoicing procedures in this paragraph are published by Snam Rete Gas on its website ) Other types of invoice As regards the documents under paragraph 2, letter j), some verification activities are scheduled during the Thermal Year, after which the relevant adjustment procedures are - 5

6 carried out: the deadline for the issue by Snam Rete Gas of the supplementary invoices or credit notes is set for the end of the month following the month when the adjustment is calculated. The invoices under paragraph 2, letters g), h) and i) will be issued by Snam Rete Gas as soon as the elements needed for their determination become available. The Temporary Suppliers will receive possible invoices/credit notes according to paragraph below ) Invoicing of amounts in relation to late adjustments Pursuant to resolution 229/2012/R/gas, the provisions of this paragraph shall apply to any adjustments relating to the period up to 31 December 2012, in accordance with the terms and procedures described in Chapter 9.. The invoicing of the adjustments determined according to the indications in Chapter 9, paragraph 7.3 ( Late adjustments ) is carried out by Snam Rete Gas according to the terms set for each Adjustment session, based on the procedure below: 1. In each Session S, after determining the value of the terms Crett i and Ccomp K attributable to the k-nth Shipper, Snam Rete Gas defines the balance for the same Shipper (Ctot K ): Ctot K Crett i Ccomp K K 2. By the 5th day of the month of July (for Session I) and the month of January (for Adjustment session II), Snam Rete Gas issues the invoices regarding the Ctot K amounts that meet this condition (on Saturdays or non-working day, this deadline is postponed to the next working day): Ctot K >0 3. Based on the amounts collected after the issue of the invoices under point 2 above, Snam Rete Gas issues the credit notes for the Shipper to cover the Ctot K which applies the condition: Ctot K <0 In case of failed payment of the amount under point 2 above by the Shipper, Snam Rete Gas reserves the right to enforce the residual bank guarantees after obtaining the payments related to all the obligations deriving from the conveyance and provision of the service as described in Chapter 5, paragraphs and The issue of the credit notes under point 3 is carried out by Snam Rete Gas within the 10 days following the complete collection of the amounts under point 2 above. If the amounts collected in connection with the invoices issued under point 2 are lower than the overall amounts under point 3, Snam Rete Gas shall divide the amounts collected pro quota based on the amounts due under the same point 3. In these cases, the - 6

7 relevant credit notes to the Shippers are issued in October and April of each year, following the I and II Adjustment session, respectively. Regarding the remaining quotas under point 3 above, Snam Rete Gas shall issue the relevant credit notes corresponding to the amounts additionally collected and/or recovered through the enforcement of the guarantees according to the methods described above in this paragraph, in the first useful Session, having collected the amounts under point 2 above. For any other amounts not recovered under point 3, the Authority shall be informed accordingly, as provided for by paragraph 6.2 of Attachment A to Resolution ARG/gas 2/ ) Invoicing of transportation charges to Temporary Suppliers as part of the Default Transportation System Temporary Suppliers at the Redelivery/Exit Points involved in the Default Transportation Service, within the limits of the service provided and the period of duration of this service, will be billed by Snam Rete Gas for the capacity conveyed pursuant to chapter 5, paragraph 10 according to the provisions of paragraph above. According to the terms of paragraph above, Snam Rete Gas will subsequently issue any invoice/credit notes for the difference between the capacity conveyed pursuant to Chapter 5, paragraph 10, and the capacity actually used at each Point. The following items will not be considered when calculating this difference: - any capacity at the Point owned by the Temporary Supplier and not regarding the Default Transportation Service, and - any capacity quota used up to reaching the capacity above ) Invoicing of the adjustment charge The invoicing of the adjustment charge determined according to that described in Chapter 9, section 5, is made by the Transporter, within the terms provided by each Adjustment session, according to the following procedure: 1. In each Adjustment session, Snam Rete Gas, for each Gas Day G, determines the value of the charge C agg pertaining to each UDI SA, as defined in Chapter 9, section 5.2. In relation to the period pertaining to each Adjustment session, Snam Rete Gas, for each UDI SA, calculates the value of the charge C aggtot, the sum of charges C agg on a daily basis. 2. As a result of the determinations in the previous paragraph 1 above, where the sum of the values C aggtot pertaining to the UDI SA is different from zero ΣC aggtot,udisa 0 Snam Rete Gas shall determine the value of that sum. 3. By the last day of the month of October for the annual Adjustment session and of the month of May for the multi-annual Adjustment Session (if it is a Saturday or public holiday, it is postponed to the next working day), Snam Rete Gas shall issue the invoices relating to the charges C aggtot that meet the condition: C aggtot >0-7

8 The deadline for payment of the invoice is 15 days from the date of they are issued. 4. By the end of November for the annual Adjustment session and by the end of June for the multi-annual Adjustment session, based on the amounts collected as a result of the issuance of invoices referred to in the previous paragraph 3, Snam Rete Gas issues in favour of Shipper credit notes to cover the C aggtot which applies the condition: C aggtot <0 in proportion to the corresponding value determined in paragraph 1 above. 5. At the same time, the Transporter shall notify the Authority: o about any amounts referred to in previous paragraph 3 that are not collected, duly documented, for the purposes of recovery and subsequent return to the Shippers referred to in the previous paragraph 4; o about any value referred to in the previous paragraph 2, for the purposes of recovery and/or restitution. Failure to pay the invoices referred to in paragraph 3 gives rise to the early termination provisions of the Transportation Contract set out in the following Chapter 19, section ) Methods of issuing invoices The invoices are made available by Snam Rete Gas - in accordance with the terms described in paragraph 4.1 above through its Web system. Shippers to which individual passwords are assigned will be informed when their invoices (and the supporting documentation) are ready for viewing and printing. When Shippers access their invoices by this method, a notification will be automatically transmitted to Snam Rete Gas, who will take this as an acknowledgement of receipt. Snam Rete Gas will send by post any invoices that are not managed through the information system. The official invoice date is the issue date indicated on the invoice. 4.3) Invoice payment Shippers are required to pay invoices in accordance with the terms indicated in this document. Any delay will be sanctioned in accordance with the methods specified below. Any obvious print and/or calculation errors relating to the invoices will generally be corrected before the payment is due, and these corrections will be reflected in an adjustment invoice. In cases where it is not possible to correct mistakes before the invoice becomes due for payment, the Shipper must pay the amount which is agreed and considered correct, if lower. In this case Snam Rete Gas will issue a credit note. In case the amount is higher, Snam Rete Gas will issue a separate invoice. - 8

9 The failed payment by the Shipper of the invoiced amount is a cause for early termination of the Contract as provided for by Chapter ) Payment terms Invoice payment terms for Shippers follow the timing of issuing the invoices. Shippers must pay the invoices described in paragraph 2 above to the bank account specified on the invoices, in accordance with the following terms: for the invoices described in a), b) and c), by the 5th day of the month following the invoicing month (payment month); for the invoices described in d), by the 10th day of the payment month; for the invoices described in e), by the 30th day following their issue date; for the invoices described in f) and g), by the 15th day following their issue date. The above payment terms are fixed and independent of the effective issue date of the invoices, provided they are issued no later than the dates specified in paragraph 4.1: otherwise the payment term is fixed at 30 days from the invoice issue date. If the payment due date is a Saturday, Sunday or non-working day, the Shipper may pay the invoice by the next working day. In respect of the other types of invoices, the payment terms are: for the documents described in h), i) and j), within 30 days of the issue date; regarding the amounts under paragraph 4.1.4, within 30 days from the issue of the invoices, or according to the instalment terms described in paragraph below ) Late payment interest In the case of late payment of an invoice, the Shipper must pay, in respect of the amounts invoiced and not paid within the terms described in paragraph above, interest for each day of delay at an interest rate equal to the reference rate set by the European Central Bank (as published in the Ilsole24ore newspaper) plus 8 percentage points, within the limit of the maximum rate threshold provided for in Article 2, paragraph 4, of Law 108/1996, calculated based on the TEGM rate with regard to advance payments and discounts for amounts exceeding 100,000. Limited to invoices relating to the additional tariff components of the transportation tariff to cover general charges of the gas transportation system referred to in the RTTG (Resolution ARG/gas 4/09), Title 6, the late payment charge referred to above is applied from the 46th day of delay. For late payments made by this deadline, a late payment charge of 3.5 percentage points will apply ) Payment by instalment As regards the billing of the amounts under paragraph above, if the value of the Ctot K charge to be billed to the Shipper in the month when the Session occurs is higher than 20% of the overall value of the charges billed to the Shipper in the same month, Snam Rete Gas on the written request of the Shipper concerned - will define an instalment plan for the same Shipper. - 9

10 The instalment request must be received, under penalty of inadmissibility, by the 30th day of the month of issue of the relevant invoice, via written communication to the contacts on Snam Rete Gas website. The instalment plan allows the Shipper to subdivide the overall Ctot k amount into monthly instalments, which must be paid by the Shipper starting from the 5th day of the month following the presentation of the instalment request. Payment by instalment is admitted for maximum 12 months and in any case until the penultimate month of validity of the financial guarantees under chapter 5, paragraphs and 1.1.3, 1.2.2, 1.2.3, which may be subject to extension. Payment by instalment will not be allowed if the overall amount of the financial guarantees is lower than the amount of the instalments. In consideration of the indications above, the Shipper has the right to adjust the guarantees accordingly. With regard to the agreed instalment plan, interest will be charged at the reference rate recognised by the Authority for Electricity and Gas ) Division of the connection contribution into instalments for Delivery Points from biomethane production plants With reference to the division into instalments described in Chapter 6, paragraph and Annexe 6/A, in relation to the instalment payment plan agreed upon with the Transporter by the party requesting the connection for a Delivery Point from a biomethane production plant, each instalment is paid yearly within 30 days of the issue of the Snam Rete gas invoice. Failure to pay a single bill within these terms gives the Transporter the right to terminate the connection contract as laid down in Chapter 6. Interest at the reference rate recognized by the Authority will be charged on the agreed instalment payment plan. 4.4) Invoicing of self-consumption, leaks and gas unaccounted for Based on the amounts paid by the Shipper for self-consumption, leaks and gas unaccounted for related to the transportation service this document refers to, after the publication of the final statement regarding a month M, each month the Shipper will issue an invoice to be charged to Snam Rete Gas for the sale of gas, calculated on the basis of a conventional price determined according to the price registered in the M-GAS platform and with expiry date on the last working day of the second month following month M. Each month, after the publication of the adjustment report (up until December 2012, pursuant to Resolution 229/2012/R/gas), the Shipper will issue an invoice/credit note for the differences compared with the quantities previously invoiced for the month in question and with expiry date on the last working day of the forth month following month M. Snam Rete Gas will charge the Shipper, via invoice/credit note, the same amount back referred to the abovementioned invoices/credit notes with the same expiry. - 10

11 The operation methods regarding the application of the indications in this paragraph are available on Snam Rete Gas website. 5) DISPUTES If a Shipper disputes the amount of the invoice, it is, in any event, obliged to pay the entire invoice amount. If the objection is valid, Snam Rete Gas will issue, after settling the dispute, the appropriate credit note, taking account of the interest as in the case of late payments. Please refer to the chapter Parties Liabilities for details of the dispute resolution process. If no dispute arises between the parties, each invoice will be considered final after a period of 3 months from its issue. - 11