Rules

Spot Capacity Subscription – Thermal Year 2015/2016 - Rules

Courtesy English Translation (not binding – only the Italian version is binding)

1.    Adriatic LNG (the “Operating Company” or “Adriatic LNG”) makes the following Spot regasification Capacity available for subscription for the month M.

The publication of Spot Capacity Subscription for the Month M shall be signed by the legal representative of the Applicant and delivered together with the Access Request.

2. The applicable tariff by the Operating Company is the Regasification and Metering Tariff in force for each relevant period as published on the Adriatic LNG Web site and hereinafter attached.

- From January 1^st 2015 to December 31^st 2015  en > Business > Regasification service > TARIFF > Tariff 2015  Tariff 2015 

The above attachment shall be signed by the legal representative of the Applicant and delivered together with the Access Request.

3. There are one or potentially two phases of the allocation process:

First phase: Deadline.

Applications must reach Terminale GNL Adriatico S.r.L ("Operating Company") by registered mail or fax by and no later than 17:00 CET of the "Deadline" at the following address:

Terminale GNL Adriatico S.r.L
Piazza Repubblica 14/16
20124 Milano (MI), Italy
Fax +39.02.63698213
Spot capacity allocation procedure
 

If the Access Request is sent by fax the original documentation shall be sent in due time by registered mail or hand delivered and, in any case, no later than 17:00 CET the following Business Day from the receipt of the request via fax.  Access request and/or original documentation received after these deadlines will not be accepted. Access Requests will be prioritized according to article 2.4.3 (b) chapter II of the Regasification Code. Pursuant to applicable regulations and/or Regasification Code, if multiple requests are received by the Deadline and would be given the same priority, Operating Company will use a draw with a notary, based in Milan, to assign the Spot capacity.

Second phase: First-come-first-served

If by the Deadline no requests for capacity have been received, the Operating Company will assign Spot capacity, if still available, in accordance with the first-come-first-served-rules.
In this case the receipt of first-come-first-served Access Requests is possible on Business Days from 8:30 CET to 17:00 CET starting from the Business Day following the Deadline.

   
4. Spot Capacity will remain available up to 4 (four) Business Days before the Scheduled Arrival Range, however Operating Company will not guarantee the availability of the published Spot capacity which can be modified and/or cancelled, without notice, due to one of the following events (list indicative and non-exhaustive): non fulfillment of a schedule, rescheduling of the unloading slots, maintenance, operational need to maintain the tank heel for all the Users, transportation capacity available downstream of the Terminal required to redeliver the Gas resulting from the LNG associated with the Spot Capacity in question.

5. The Operating Company undertakes to notify applicants of the results, including the possible acceptance, by:

(i)  17:00 CET 1 (one) Business Day from the Deadline if the Access Request is delivered by the Deadline;
(ii) 17:00 CET 2 (two) Business Days from the Deadline if there is a need to make a draw with a notary;
(iii)17:00 CET 1 (one) Business Day from the delivery of the Request, if it has been sent after the Deadline and up to 4 (four) Business Days before the Scheduled arrival range.

 
6. Instructions for Access Requests are provided in the Regasification Code and in particular Annex (a), paragraph b) of Article 2.4.6 of Chapter II and Article 10.1 of Chapter III.  In addition, the application must contain a copy of the “Spot Annex tariff” and of this publication countersigned by the legal representative.
The request is binding, irrevocable and unconditional:

(i)  Up to 17.01 C.E.T. of the Second Working Day following the Deadline if the Access Request is delivered before the Deadline;        

(ii) Up to 17.01 C.E.T. of the Second Working Day following the delivery if the Access Request is delivered after the Deadline. 

7. The contractual documentation – Regasification Code and contract for spot capacity (i.e. Appendix Part V of the Regasification Code) is available at the following link  Regasification Code

8. The provisions of this publication are an integral and substantial part of the Spot capacity offer. Copy of the publication, in the form attached, must be signed by the legal representative of the Applicant and be delivered in conjunction with the Access Request 

Spot allocation rules_tariff TY 15 16