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Guidelines & Clarifications

18/10/2023

(Non binding English version)

Deviation in excess on contractual / scheduled / discharged volumes –for Thermal Year

2023/2024

Adriatic LNG provides that, for Thermal Year 2023/2024, to maximize the utilization of the Available Capacity, similarly to the provisions published on 30/06/2023, on the Catalogue of 2023 Offered Capacity, for Open Season 2023*, a deviation in excess of the volume of LNG per Slot subscribed may be allowed by the Operating Company to Continuous Users under conditions.

Interested Users are invited to contact us at the following address: alng_mercato@adriaticlng.it

 

1) Foreseeable deviations and timing for the request:

1.1) Deviation up to 10 (ten)% of the volume of LNG subscribed of a single Slot ("Deviation 10%"), shall be requested by the User at the latest by the fifth (5) business day prior to the start of the Unloading Slot.

1.2) Deviation of more than 10 (ten)% of the volume of LNG subscribed of a single Slot ("Extra Deviation") shall be requested by the User no later than the 16th (sixteen) day of the Month preceding the Month of Unloading.

2) Conditions:
The conditions to be met to grant the Deviation 10% or the Extra Deviation are:

  • no effects on the Subscribed Capacity and / or Redelivery of other Users; and / or
  • no effects on Additional Services offered, as the Flexibility Service, if already subscribed by the Users; and / or
  • compatibility with the safe and reliable Terminal operations; and / or
  • compliance with the Regulations.

The Operating Company will assess whether or not the aforementioned conditions are satisfied and will provide feedback to the User.

3) Charges:

3.1) Deviation 10%, the following charges apply:

a) on the contractual quantity of LNG: the allocation price;

b) on the quantity of LNG (lcm) exceeding the contractual quantity of LNG within the limit of 10%: the allocation price.

The charges a) and b) will be invoiced without prejudice to the other costs provided for in the Regasification Code.

The reference volume for the purpose of determining the charge will be the greater value between the last scheduled quantity of LNG per article 3.3 of Chapter II of the Regasification Code and the quantity of LNG unloaded.

3.2) Extra Deviation, the following charges apply cumulatively:

a) on the contractual quantity of LNG: the allocation price;

b) on the quantity of LNG (lcm) exceeding the contractual quantity of LNG: the allocation price + 10 (ten)% of the cqs fee approved by ARERA and published by the Operating Company, for example:

  • From January 1st, 2023 to December 31st, 2023 : 2,012 €/m3 GNL.
  • From January 1st, 2024 to December 31st, 2024: 2,083 €/m3 GNL.

c) opportunity cost of the unavailability and allocation costs of the Additional Services (valued from time to time, communicated by the Operating Company to the User at the time of the feedback on the request for an Extra Deviation and applied to all Users in the same conditions) within the limits of the maximum tariff for the ancillary service.

4) Technical deviation in excess:

Pursuant to the Regasification Code, the User shall provide a schedule that is the best estimate in good faith of the quantity of LNG that will be actually Unloaded no later than the 16th (sixteenth) day of the Month preceding the Month of Unloading.

4.1) During the Unloading phase, a technical deviation up to a maximum value of 3 (three)% will be allowed, applicable to the last scheduled volume of LNG per article 3.3 of Chapter II of the Regasification Code, if compatible with the technical requirements of the Terminal ("Technical deviation") and must be duly and promptly justified by the User. The Unloading of a quantity of LNG higher than the Technical deviation shall be requested by the User per points 1.1 or 1.2 above and is not permitted without the positive feedback of the Operating Company

4.2) A User who has been allowed a Deviation 10% and unloads LNG beyond the threshold of the Technical deviation must pay the charges provided for the Extra Deviation on the whole quantity in excess from the last scheduled quantity per article 3.3 of Chapter II of the Regasification Code without prejudice to the other costs referred to in the Regasification Code.

 

The terms referred to in this communication have the meaning attributed to them in the Regasification Code.

 

*It is clarified that this indication is consistent with what is foreseen for the 2021 and 2022 Open Season, as published respectively on 24/09/2021 and on 06/06/2022 on this electronic communication system and resumes what is regulated for Spot Users in Chapter III article 8.12.1 letter b) of the Regasification Code.

 

 

12/04/2023

Deviation beyond the Technical Deviation during unloading phase: clarification

With regard to the quantities of LNG unloaded, it is reminded that pursuant to the Regasification Code Chapter II art. 3.3.1, the User must provide no later than the 16th (sixteenth) day of the month preceding the month of Unloading a schedule which is the good faith best estimate of the quantity of LNG that will actually be unloaded.

Only during the unloading phase is allowed, without previous request from the User pursuant to points 1.1 or 1.2 of the notes published respectively on 09/24/2021 for the Open Season 2021 and on 06/06/2022 for the Open Season 2022, as integral part of the related commercial offers*, a technical deviation up to a maximum value of 3 (three) %, applicable to the last scheduled volume of LNG, compatibly with the technical requirements of the Terminal (“Technical Deviation”). This exceeding quantity must be duly and promptly justified.

The Unloading of a quantity of LNG exceeding the Technical Deviation must be requested pursuant to points 1.1 or 1.2 above and is not permitted without the positive feedback of the Operating Company.

It is clarified that if the User who has not been allowed a Deviation 10% or an Extra Deviation by the Operating Company, unloads LNG beyond the threshold of the Technical Deviation with respect to the quantities of LNG scheduled pursuant to the Regasification Code at Chapter II art. 3.3. 1, the User shall pay the following fees on the entire deviation from the contractual LNG volume, without prejudice to the other costs referred to in the Regasification Code:

a) on the quantity of contractual LNG: the allocation price;

b) on the quantity of LNG (lcm) exceeding the contractual quantity of LNG: the allocation price + 10 (ten) % of the Contracted price per unit of volume of LNG (cqs fee approved by the Authority and published by the Operator) equal to: 2.012 (two point zero twelve) €/m3 of LNG starting from 1/1/2023, until 12/31/2023;

c) opportunity cost of the unavailability and allocation costs of the Flexibility Service (valued from time to time, communicated by the Operating Company to the User at the time of replying to the deviation request and applied to all Users under the same conditions) within the limits of the maximum charge for the ancillary service.
 

The terms referred to in this communication have the meaning attributed to them in the Regasification Code.

*The commercial offer is limited to the 2021 and 2022 Open Seasons.