Commission Regulation (EU) 2017/460Show full title

CHAPTER VIII U.K. PUBLICATION REQUIREMENTS

Article 29 U.K. Information to be published before the annual yearly capacity auction

For interconnection points and, where the national regulatory authority takes a decision to apply Regulation (EU) 2017/459, points other than interconnection points, the following information shall be published before the annual yearly capacity auction in accordance with the requirements set out in Articles 31 and 32 by the national regulatory authority or the transmission system operator(s), as decided by the national regulatory authority:

(a)

for standard capacity products for firm capacity:

(i)

the reserve prices applicable until at least the end of the gas year beginning after the annual yearly capacity auction;

(ii)

the multipliers and seasonal factors applied to reserve prices for non-yearly standard capacity products;

(iii)

the justification of the national regulatory authority for the level of multipliers;

(iv)

where seasonal factors are applied, the justification for their application.

(b)

for standard capacity products for interruptible capacity:

(i)

the reserve prices applicable until at least the end of the gas year beginning after the annual yearly capacity auction;

(ii)

an assessment of the probability of interruption including:

(1)

the list of all types of standard capacity products for interruptible capacity offered including the respective probability of interruption and the level of discount applied;

(2)

the explanation of how the probability of interruption is calculated for each type of product referred to in point (1);

(3)

the historical or forecasted data, or both, used for the estimation of the probability of interruption referred to in point (2).

Article 30 U.K. Information to be published before the tariff period

1. The following information shall be published before the tariff period in accordance with the requirements set out in Articles 31 and 32 by the national regulatory authority or the transmission system operator(s), as decided by the national regulatory authority:

(a) information on parameters used in the applied reference price methodology that are related to the technical characteristics of the transmission system, such as:

(i)

technical capacity at entry and exit points and associated assumptions;

(ii)

forecasted contracted capacity at entry and exit points and associated assumptions;

(iii)

the quantity and the direction of the gas flow for entry and exit points and associated assumptions, such as demand and supply scenarios for the gas flow under peak conditions;

(iv)

the structural representation of the transmission network with an appropriate level of detail;

(v)

additional technical information about the transmission network, such as the length and the diameter of pipelines and the power of compressor stations.

(b) the following information:

(i)

the allowed or target revenue, or both, of the transmission system operator;

(ii)

the information related to changes in the revenue referred to in point (i) from one year to the next year;

(iii)

the following parameters:

(1)

types of assets included in the regulated asset base and their aggregated value;

(2)

cost of capital and its calculation methodology;

(3)

capital expenditures, including:

(a)

methodologies to determine the initial value of the assets;

(b)

methodologies to re-evaluate the assets;

(c)

explanations of the evolution of the value of the assets;

(d)

depreciation periods and amounts per asset type.

(4)

operational expenditures;

(5)

incentive mechanisms and efficiency targets;

(6)

inflation indices.

(iv)

the transmission services revenue;

(v)

the following ratios for the revenue referred to in point (iv):

(1)

capacity-commodity split, meaning the breakdown between the revenue from capacity-based transmission tariffs and the revenue from commodity-based transmission tariffs;

(2)

entry-exit split, meaning the breakdown between the revenue from capacity-based transmission tariffs at all entry points and the revenue from capacity-based transmission tariffs at all exit points;

(3)

intra-system/cross-system split, meaning the breakdown between the revenue from intra-system network use at both entry points and exit points and the revenue from cross-system network use at both entry points and exit points calculated as set out in Article 5.

(vi)

where and to the extent that the transmission system operator functions under a non-price cap regime, the following information related to the previous tariff period on regarding the reconciliation of the regulatory account:

(1)

the actually obtained revenue, the under- or over-recovery of the allowed revenue and the part thereof attributed to the regulatory account and, if applicable, sub-accounts within such regulatory account;

(2)

the reconciliation period and the incentive mechanisms implemented.

(vii)

the intended use of the auction premium.

(c) the following information on transmission and non-transmission tariffs, accompanied by the relevant information related to their derivation:

(i)

where applied, commodity-based transmission tariffs referred to in Article 4(3);

(ii)

where applied, non-transmission tariffs for non-transmission services referred to in Article 4(4);

(iii)

the reference prices and other prices applicable at points other than those referred to in Article 29.

2. In addition, the following information shall be published with regard to transmission tariffs:

(a) explanation of the following:

(i)

the difference in the level of transmission tariffs for the same type of transmission service applicable for the prevailing tariff period and for the tariff period for which the information is published;

(ii)

the estimated difference in the level of transmission tariffs for the same type of transmission service applicable for the tariff period for which the information is published and for each tariff period within the remainder of the regulatory period.

(b) at least a simplified tariff model, updated regularly, accompanied by the explanation of how to use it, enabling network users to calculate the transmission tariffs applicable for the prevailing tariff period and to estimate their possible evolution beyond such tariff period.

3. For the points excluded from the definition of relevant points referred to in point 3.2(1)(a) of Annex I to Regulation (EC) No 715/2009, the information on the amount of forecasted contracted capacity and the forecasted quantity of the gas flow shall be published as set out in point 3.2(2) of Annex I to Regulation (EC) No 715/2009.

Article 31 U.K. Form of publication

1. The information referred to in Articles 29 and 30 shall be published as set out in Article 32 via F1 ... the website of the respective entity.

Such information shall be accessible to the public, free of charge and of any limitations as to its use. It shall be published:

(a) in a user-friendly manner;

(b) in a clear, easily accessible way and on a non-discriminatory basis;

(c) in a downloadable format;

F2 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The following information shall be published for interconnection points [F3 by the national regulatory authority or the transmission system operator, as decided by the national regulatory authority, on the respective entity's website]:

(a) at the same time as set out in Article 29, the reserve prices for standard capacity products for firm capacity and for standard capacity products for interruptible capacity;

(b) at the same time as set out in Article 30, a flow-based charge referred to in Article 4(3)(a), where applied.

3. The information referred to in paragraph 2 shall be published in the following manner:

(a) as set out in paragraph 1(a) to (c);

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in a standardised table which shall include at least the following information:

(i)

the interconnection point;

(ii)

the direction of the gas flow;

(iii)

the names of the relevant transmission system operators;

(iv)

the start and the end time of the product;

(v)

whether the capacity is firm or interruptible;

(vi)

the indication of the standard capacity product;

(vii)

the applicable tariff per kWh/h and per kWh/d in [F5 pounds sterling ] taking into account the following:

(1)

where the applied capacity unit is kWh/h, the information on the applicable tariff per kWh/d shall be non-binding, and vice versa;

(2)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In addition, at the same time as set out in Article 30, such standardised table shall include the simulation of all the costs for flowing 1 GWh/day/year for each interconnection point in [F7 pounds sterling] subject to point vii(2).

F8 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 31(1) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 5 para. 11(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 31(1)(d) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 5 para. 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 31(2) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 5 para. 11(3); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 31(3)(b) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 5 para. 11(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 31(3)(c)(vii) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 5 para. 11(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 31(3)(c)(vii)(2) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 5 para. 11(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 31(3) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 5 para. 11(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 31(4) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 5 para. 11(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 32 U.K. Publication notice period

The deadline for the publication of the information set out in Articles 29 and 30 shall be as follows:

(a)

for the information set out in Article 29, no later than thirty days before the annual yearly capacity auction;

(b)

for the information set out in Article 30, no later than thirty days before the respective tariff period;

(c)

for the respective transmission tariffs updated within the tariff period as set out in Article 12(3), immediately after the approval [F9 of the national regulatory authority].

Each update of the transmission tariffs shall be accompanied by information indicating the reasons for the changes in their level. Where Article 12(3)(b) is applied, it shall also be accompanied by the updated report referred to in Article 29(b) for the respective types of standard capacity products for interruptible capacity.

Textual Amendments

F9 Words in Art. 32(c) substituted (31.12.2020) by S.I. 2019/531, Sch. 5 para. 12 (as substituted by The Gas Tariffs Code (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1393), reg. 1(2), Sch. para. 7); 2020 c. 1, Sch. 5 para. 1(1)