Bad Lauchstädt Storage Special Storage Facility Conditions
CONTENTS CONTENTS... 2 Article 1 Scope... 3 Article 2 Gas Transfer Point... 3 Article 3 Transfer Pressure... 3 Article 4 Maintenance... 3 Article 5 Storage Facility Downtime... 4 Article 6 Metering... 5 Article 7 Gas Quality... 5 Article 8 Start-up and Change-over Times... 6 page 2 of 6
Article 1 Scope (1) These Special Storage Facility Conditions shall supplement the General Terms and Conditions of VNG Gasspeicher GmbH (hereinafter referred to as VGS ) for the access to the underground storages run by VGS (hereinafter referred to as Storage GT&C ) and the Bad Lauchstädt Storage Facility in particular. These Special Storage Facility Conditions shall become part of a storage contract for a storage product referring to the Bad Lauchstädt Storage. (2) Unless provided otherwise below the Storage GT&C, in particular its definitions of terms, shall apply. Article 2 Gas Transfer Point The gas transfer point where gas is injected or withdrawn shall be the ONTRAS storage point UGS Bad Lauchstädt. Article 3 Transfer Pressure The gas must be supplied to the gas transfer point at a pressure that permits take-over without any additional measures. This shall take place on the basis of agreements between VGS and the adjacent network operator (network connection contract). Article 4 Maintenance (1) VGS shall be entitled to take measures for maintenance (maintenance, inspection, and repair) of the storage facility, as well as measures for the expansion and modification of the storage facilities. If and in so far as VGS is unable to fulfil its contractual obligations VGS shall be released from these obligations. (2) VGS shall publish the measures according to subs. (1) adequately in a timely manner prior to performance, normally on the website www.vng-gasspeicher.de. No duty to publish applies if, according to the circumstances of the individual case, the publishing is not possible in due time for reasons not attributable to VGS or would delay the elimination of faults that have occurred already. In such case, VGS shall subsequently inform the storage customer on the measures. page 3 of 6
(3) Where measures are taken as set out in subs. (1), the storage customer shall remain obligated to provide consideration for restricted services lasting up to a total of three hundred and thirty-six (336) hours (fourteen (14) calendar days) per storage year. No consideration shall be required for any restriction beyond this period. The restriction of the capacity shall be documented exact to the hour as the difference between nominated and actually available service on the basis of the submitted and reduced nomination. For service periods shorter than one year, the time shall be proportionally reduced from three hundred and thirty-six (336) hours. Any Service Fee paid already shall be reimbursed as applicable by VGS. (4) VGS shall also be released from its obligations in cases where the adjacent network operator carries out measures as set out in subs. (1) and, due to these measures VGS is unable to fulfil wholly or partly its obligations under the storage contract. In so far as the adjacent network operator carries out measures as set out in subs. (1), the storage customer shall remain obligated to provide consideration. No crediting of actual restricted hours to the three hundred and thirty-six (336) hours as provided for under subs. (3) shall be made. In any case VGS shall make efforts to coordinate measures pursuant to subs. (1) with the adjacent network operator. Article 5 Storage Facility Downtime The Bad Lauchstädt storage facility is subject to periods of so-called technological storage facility downtime during which the contracted storage capacity will only partly be available to the storage customer. During the storage facility downtime injections or withdrawals can be made up to 60 % only. For geological reasons such technological storage facility downtime is normally needed twice a year in order to maintain the storage operation. The storage customer shall remain obligated to provide the contractual consideration for the period of storage facility downtime. VGS shall publish the time period and duration of the technological storage facility downtime for the Bad Lauchstädt storage facility under www.vnggasspeicher.de by February at the latest prior to the beginning of the following storage year. The date may be subject to annual variations. The technological storage facility downtime does not concern the measures set out in preceding Article 4. VGS shall make efforts to carry out measures set out in Article 4 during the periods of technological storage facility downtime. page 4 of 6
Article 6 Metering (1) The gas injected and withdrawn shall be metered at the Bad Lauchstädt storage facility by VGS or an authorized third party. (2) The relevant gas pressure control and metering systems are in compliance with the German High-pressure Gas Pipeline Ordinance (GasHL-VO), the recognized rules of engineering, the provisions under the codes of practice of the DVGW e.v. (German technical and scientific association for gas and water), the regulations for occupational safety and health of the Berufsgenossenschaft (BGV) (German employers liability insurance association), the Eichgesetz (German Weights and Measures Act) and the Eichordnung (German Calibration Ordinance), the Verordnung über elektrische Anlagen in explosionsgefährdeten Räumen (Elex V) (German ordinance on electrical installations at explosion-hazardous locations), and regulations issued by police and other government agencies. (3) Metering shall be a component of the system services to be provided by VGS. (4) In the case of justified doubt as to the correct functioning of the calibrated measuring devices relevant to the storage contract, the storage customer may request an official meter test. If in the course of the official meter test, the error curve remains within the permissible calibration error limit, the storage customer shall bear the costs of such meter test. If in the course of the official meter test, the error curve is outside of the permissible calibration error limit, VGS shall arrange for the measuring device to be repaired and recalibrated. VGS shall bear the costs of such meter test. If in the course of the official meter test, it is found that the measuring device is outside the operational error limit, a recalculation for the duration of the faulty operation based on comparative measurements and results of the meter test shall done under consideration of the actual conditions. Article 7 Gas Quality (1) The storage customer shall make available to VGS a gas quantity at the gas transfer point for injection into the storage facility. This gas shall conform to the relevant valid standards of the DVGW e.v., in particular the currently valid standards in the DVGW- Arbeitsblatt G 260, 2. Gasfamilie and G 262. page 5 of 6
(2) VGS reserves the right to check the quality of the gas supplied. If checks reveal that the gas quantities transferred at the gas transfer point by the storage customer fail to meet the quality defined under subs. (1) (off-spec gas), VGS shall be entitled to refuse the off-spec gas in whole or in part. In such case, the storage customer shall immediately adjust its nomination accordingly, as well as reduce the further availability of the offspec gas to this gas transfer point. All rights held by VGS in relation to the storage customer shall remain unaffected. (3) VGS shall provide the storage customer with a gas quantity for withdrawal at the gas transfer point. This gas shall conform to the relevant valid standards of the DVGW e.v., in particular the currently valid standards in the DVGW-Arbeitsblatt G 260, 2. Gasfamilie and G 262. (4) If the gas quantities provided by VGS at the gas transfer point for withdrawal does not comply with the defined quality (off-spec gas), the storage customer shall be entitled to refuse the takeover of the off-spec gas in whole or in part. All rights held by the storage customer in relation to VGS shall remain unaffected. (5) Each contractual partner shall inform the other without undue delay if it becomes aware that off-spec gas is transferred at a gas transfer point or such transfer is expected. (6) Either contractual partner may request a neutral party to examine whether the gas conforms to the requirements according to subs. (1) and (3). Should the contractual partners fail to agree on such neutral party within one month after receipt of the request issued by the other contractual partner this decision shall be made by the DBI Gas- und Umwelttechnik GmbH. The cost of the examination shall be paid by the contractual partner whose opinion varies from the neutral party s examination result. Article 8 Start-up and Change-over Times The time periods for renominations (chapter 1.1.2 Operating Manual) requiring a change in operative mode of the storage facility shall apply to the Bad Lauchstädt storage facility: - Start-up time from storage facility standby to withdrawal: up to 8 hours - Start-up time from storage facility standby to injection: up to 4 hours - Change-over time from injection to withdrawal: up to 8 hours - Change-over time from withdrawal to injection: up to 4 hours ---------------------------- page 6 of 6