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1 CONGESTION MANAGEMENT RULES ON THE ITALIAN INTERCONNECTION FOR THE YEAR 2008, PURSUANT TO ART. 7 OF ANNEX A OF THE DELIBERATION BY THE ITALIAN AUTHORITY FOR ELECTRICITY AND GAS NO. 329/07 OF DECEMBER 2007 Definitions For the purpose of interpreting the provisions included in these rules, the definitions applied are those indicated in: art. 1 of Annex A of the Deliberation No. 111/06 of 9 June 2006, as amended and integrated (hereinafter Deliberation No. 111/06 ); art of the Access Rules to France-Italy, Switzerland-Italy, Austria-Italy, Slovenia-Italy, Greece- Italy Interconnections for the year 2008 (ARs 2008); art. 1 of Annex A of the Deliberation No. 329/07 of December 2007 (hereinafter Deliberation No. 329/07 ); as well as the following: Auction and Scheduling Tool - DAMAS Gestore del Mercato Elettrico: Interconnection Capacity: Margins (Step Down/UP): Periodic PTRs : Virtual market zone The Italian Auction Tool used by TERNA to perform auctions and scheduling Italian Market Operator responsible for the economic management of the electricity Market according to art 5 of the Legislative Decree 79/99. Available cross-border electric energy transfer capacity on the interconnections between Italy and France, Austria, Greece, Switzerland and Slovenia. Maximum/minimum quantity that can be specified in Bid/Offers with reference to the same offer point as defined in Integrated Text of the Electricity Market Rules published by the Gestore del Mercato Elettrico (GME) Yearly and Monthly Physical Transmission Rights Is the Point of Interconnection with a neighboring country or a constrained zone as defined in the Integrated Text of the Electricity Market Rules published by GME. Article 1 General provisions 1.1 These Congestion Management Rules, pursuant to art. 7 of Deliberation No. 329/07, describe the provisions governing congestions management on the Italian interconnection for the year The rules include also application procedures, terms and conditions to assign virtual production/consumption units to the owner of dispatching contract.

2 1.2 Congestion management on the Italian interconnection with France, Austria, Switzerland, Slovenia and Greece is solved through the joint allocation, through explicit auctions, of the Interconnection Capacity in form of yearly, monthly and daily Physical Transmission Rights (PTRs). Specific interconnection capacity access rules for the interconnection with France, Austria, Switzerland, Slovenia and Greece are defined jointly by TERNA respectively with RTE, APG, swissgrid, ELES and HTSO in the ARs These Rules are published on TERNA s website. In particular, for the: France-Italy interconnection: o In the direction from France to Italy PTRs are assigned by RTE EDF Transport S.A. the French Transmission System Operator (RTE) who operates as Auction Operator on behalf of both TSOs; o In the direction from Italy to France PTRs are assigned by TERNA who operates as Austria-Italy interconnection: o In the direction from Austria to Italy PTRs are assigned by Austrian Power Grid the Austrian Transmission Operator (APG) who operates as Auction Operator on behalf of both TSOs; o In the direction from Italy to Austria PTRs are assigned by TERNA who operates as Switzerland-Italy interconnection: o In the direction from Switzerland to Italy PTRs are assigned by swissgrid the Swiss Transmission Operator who operates as o In the direction from Italy to Switzerland PTRs are assigned by TERNA who operates as Slovenia-Italy interconnection: o In the direction from Slovenia to Italy PTRs are assigned by ELEKTRO-SLOVENIJA d.o.o.transport S.A. the Slovenian Transmission System Operator (ELES) who operates as o In the direction from Italy to Slovenia PTRs are assigned by TERNA who operates as Greece-Italy interconnection: o In the direction from Greece to Italy PTRs are assigned by Hellenic Transmission System Operator the Hellenic Transmission System Operator (HTSO) who operates as Auction Operator on behalf of both TSOs; o In the direction from Italy to Greece PTRs are assigned by TERNA who operates as Auction Operator on behalf of both TSOs. In order to import/export electricity in/from Italy the operator must be a signer of a injection / consumption dispatching contract and: (i) a PTR Holder or 2

3 (ii) a Counterpart in Italy of a PTR holder on French-Italian, Austrian-Italian, Swiss-Italian, Slovenian-Italian or Greek-Italian Interconnection as a result of jointly explicit auctions operated by TERNA and neighbouring TSOs (RTE, APG, swissgrid, ELES and HTSO); or (iii) a signer of a dispatching contract which through a power of attorney has been delegated by a PTR Holder who is not a signer of a dispatching contract (it applies on Switzerland- Italy Interconnection, Austria-Italy Interconnection, Slovenia-Italy Interconnection and Greece-Italy Interconnection) to nominate to TERNA; (iv) an assigner of PTRs of import reserved capacity on the Italian interconnection, of transits through the Italian interconnection and for reintroduction of energy in Italy according to the article 8 of the Deliberation n. 329/07; (v) an assigner of PTRs according to the article 6.2 of the Deliberation n. 329/07. Article 2 Application procedure for congestion management on the interconnection for the purpose of import/export energy in/from Italy 2.1 The operators interested to import/export energy in/from Italy on the interconnection with France, Austria, Switzerland, Slovenia and Greece shall apply to TERNA for the access to Italian s Transmission system for imports and exports (i.e. sign a Dispatching Contract) using the application form given in Annex I e ANNEX II. The access to Italian Transmission system will allow the Operator to nominate capacity on the Italian interconnection if, according to the provision set in the ARs 2008, the Operator is: a PTR Holder or an assigner of PTRs of import/export reserved capacity on the Italian interconnection or of transits trough the Italian Interconnection or for reintroduction of energy in Italy; or a Counterparty in Italy of a PTR holder or is a signer of a dispatching contract who has been delegated by a PTR Holder who is not a signer of a dispatching contract to nominate to TERNA. The following information must be specified by the applicant: a) The interconnection on which intends to import/export energy in/from Italy; b) Two copies duly signed of the dispatching contract related to Production Units (import)/ dispatching contract related to Consumption Units (export) pursuant to Art.4 of Deliberation 111/06, or the code of the dispatching contracts if already signed; c) The transfer capacity value assigned in terms of reserved rights for import/export, transit and reintroduction of energy; d) The indication that the applicant intends to participate to Yearly, Monthly and/or daily auctions on French, Swiss, Austrian, Slovenian and Greek interconnection; 3

4 e) The qualification of market operator on the offering system (IPEX), if available; f) The qualification to operate in the market of neighbouring countries 1 and to submit nominations to neighbouring TSOs. 2.2 TERNA shall check the eligibility of the applicant within three (3) working days from receipt of the application. If the application is incorrect or incomplete, TERNA shall inform the applicant of what actions/information are/is required in order to make valid or complete the application and shall also communicate the deadline by which the amended application must be returned. In case of a positive outcome, TERNA shall set, within the next three (3) working days, a virtual production/consumption unit (UPV/UCV) in the Italian market zone, identified by TERNA, adjacent to the foreign virtual market zone the requested interconnection refers to. In particular, TERNA will set three types of virtual production/consumption units for yearly, monthly and for daily PTRs. The Margins of the above virtual production/consumption units will be set equal to the capacity of: PTRs held as a results of the auctions described in the article 1.2; PTRs of which has been appointed as a Counterpart by a PTR holder according to the provision set in the ARs 2008; PTRs of which has been delegated by a PTR holder 2 who is not a signer of a Dispatching contract according to the provision set in the ARs TERNA shall provide GME with a list of virtual production/consumption units and the relative Margins. TERNA will update the margins of UPV/UCV provided to GME as set in the following art The UPV/UCV holder sells/buys the energy for import/export in/from Italy in the Italian market through the day ahead energy market by submitting: a. selling/buying offers referred to the Italian market zones; b. injection/consumption schedules referred to Italian market zones in execution of contracts concluded outside the offering system. These are treated according to the procedures set by the Italian Regulator for dispatching activities. Selling/buying offers and injection/consumption schedules are submitted by UPV/UCV holders with reference to virtual production/consumption units for periodic PTRs and/or daily PTRs. 2.4 In order to submit selling/buying offers as set in sub-section 2.3, letter a), the UPV/UCV holder shall apply to GME for admission to the Energy Market. 2.5 For the physical execution of energy purchases/sales concluded outside the offering system, and the related injection/consumption schedules, as set in sub-section 2.3, letter b), the UPV/UCV holders shall apply to GME to be registered, directly or through a delegated subject as Market 1 (i.e.: Responsable D Equilibre or attached to in France, signer of SBG contract in Switzerland, a company representative of a balance group or member of a recognized Austrian balance group in Austria; Balance Responsible Party or has signed a Contract for settlement of imbalances with the Balance Responsible Party in Slovenia; a registered market participant in the Greek power market). 2 (it applies on Switzerland-Italy Interconnection, Austria-Italy Interconnection, Slovenia-Italy Interconnection and Greece-Italy Interconnection). 4

5 Operator and for the admission to the Piattaforma Conti Energia pursuant to artt. 16 and 18 of Deliberation 111/ For each interconnection the sum of the accepted injection/consumption schedules set in subsection 2.3, letter b) and the accepted selling/buying offers as set in sub-section 2.3, letter a) cannot exceed the Margins set for each UPV/UCV. 2.7 Each PTRs Holder and each owner of reserved rights according to article 6.2 and 8 of the Deliberation n. 329/07 and the correspondent Counterparties shall follow the nomination process set in Session VII Capacity Access Rules of the ARs The UPV/UCV holder shall nominate to TERNA through the IT tool DAMAS ( the usage of Capacity awarded selecting the responsible Counterparty of his schedules relating to the power expressed in integer value of MW which he wants to use within the capacity defined by the PTRs awarded. Modalities for nominations are set in the DAMAS User Guide available on TERNA web site. 2.9 Nominations shall be sent to TERNA according to the following timing. Direction from France, Switzerland, Austria, Slovenia and Greece to Italy Yearly PTRs, Monthly PTRs, Periodic PTRs and Reserved capacities have to be nominated before 08:30 D-1. Daily PTRs have to be nominated before 13:30 D-1. Direction from Italy to France, Switzerland, Austria, Slovenia and Greece Yearly PTRs, Monthly PTRs, Periodic PTRs and Reserved capacities have to be nominated before 07:00 D-1. Daily PTRs have to be nominated before 13:30 D The hourly nomination to TERNA for each UPV/UCV corresponding to Yearly PTRs, Monthly PTRs, Periodic PTRs and Reserved capacities will be used to set the margins of these UPV/UCV and will be provided to GME after nominations. The margins of UPV/UCV related to Daily PTRs will be set by TERNA equal to the PTRs assigned in the relative daily auctions and will be provided by TERNA to GME after the allocation The UPV/UCV holder shall notify TERNA about updates or changes regarding their Counterparties according to the procedures set in the ARs using the Annex The PTR Holder must notify his Counterparties to TERNA no later than 12:00 on Wednesday of Week W-1 and can modify the notification every week. In the event of a PTR Transfer, the new PTR Holder must notify his Counterparty following the above mentioned criteria. If the information is inaccurate, incomplete or not received by 12:00 on Wednesday of Week W-1, the TSOs should be able to reset the PTR Holder's schedules to 0 MW. 5

6 2.13 If the UPV/UCV Exchange Schedule does not match with the initial cumulative injection/consumption schedule as a result of day ahead energy market the imbalance charge shall be applied to the difference between the two programs. The imbalance charge is set by art. 40 of Deliberation 111/06. Article 3 Reference 3.1 For anything else not explicitly indicated in this regulation, reference shall be made to the provisions contained in Deliberations No. 111/06 and deliberation n. 329/07. 6

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