Questions and answers regarding the decree of the Bundesnetzagentur dated 13 September 2019

Why did the physical flow at the entry point Greifswald-OPAL not decrease in the same amount of 15.86 mln. kWh/h as the marketing and usage of partly regulated decoupled connection capacities was restricted?

The capacities, which were marketed as partly regulated decoupled connection capacities in the amount of 15.86 mln. kWh/h, can currently not be marketed or used based on the decree of the Bundesnetzagentur (BNetzA) dated 13 September 2019. Nevertheless the decree of the Bundesnetzagentur does not hinder OPAL Gastransport GmbH & Co. KG to market regulated capacities and allow the usage of regulated capacities as well as exempted coupled connection capacities based on the decision of the Bundesnetzagentur dated 7 July 2009 (BK7-08-009).

Therefore OPAL Gastransport GmbH & Co. KG currently offers regulated interruptible entry capacities with access to the GASPOOL market are at the entry point Greifswald-OPAL instead of offering the partly regulated decoupled connection entry capacities. These regulated interruptible entry capacities are currently used by our transport customers in addition to the usage of already marketed regulated capacities as well as already marketed exempted coupled connection capacities. The usage of regulated interruptible capacities generally depends on technical restrictions like pressure, temperature and the utilization of the downstream transport systems in the GASPOOL market area. As a result the actual usage of regulated interruptible capacities can vary. The current usage of all capacities can be retraced with the nomination and flow data which is published on the website of OPAL Gastransport GmbH & Co. KG as well as on the ENTSOG transparency platform.

OPAL Gastransport GmbH & Co. KG currently does not offer any regulated interruptible capacities at the exit point Brandov-OPAL and has suspended the usage of such capacities at the Virtual Interconnection Point (“VIP”) Brandov-GASPOOL. Thereby it is guaranteed that these capacities are not transported in the meaning of decoupled or coupled connection capacities (Transit).

Is it possible for those transport customers, who had already booked partly regulated decoupled connection capacities up to the amount of 15.86 mln. kWh/h, to remarket these capacities over the secondary market?

All partly regulated decoupled connection capacities are currently suspended for all transport customers based on the decree of the Bundesnetzagentur dated 13 September 2019. The remarketing of those capacities over the secondary market is accordingly not possible at the moment.

What are the consequences on the transport capacities of OPAL Gastransport GmbH & Co. KG?

As announced on 13. September 2019, OPAL Gastransport GmbH & Co. KG has restricted the marketing and usage of partly regulated decoupled connection capacities as of 14 September 2019 06:00 a.m. CES, to comply with the decree of Bundesnetzagentur dated 13 September 2019.

The usage of regulated interruptible capacity to or from the GASPOOL market area is not restricted, as long as it is guaranteed that these capacities are not transported in the meaning of decoupled or coupled connection capacities (Transit).

What are the consequences of the restriction of the transport capacities on the transport customers?

The partly regulated decoupled connection capacities, which were offered in accordance with the decision of the Federal Network Agency dated 25 February 2009 (BK7-08-009) in the amendment dated 30 November 2016 to all transport customers over fully regulated non-discriminatory open auctions at the gas capacity auction platform PRISMA, now cannot be offered any more due to the decree of the Bundesnetzagentur dated 13 September 2019.

What are the consequences of the restriction of the transport capacities on the market?

OPAL Gastransport GmbH & Co. KG is not able to specify the consequences on the market. It is a fact that these capacities are not available for the market.

Will OPAL Gastransport GmbH & Co. KG challenge the decision of the General Court of the European Union?

OPAL Gastransport GmbH & Co. KG has taken note of the decision of the General Court of the European Union, which is not yet final. OPAL Gastransport GmbH & Co. KG is not involved and cannot take part either in the procedure at the General Court of the European Union. The rules of court procedures between Member States of the European Union apply to this procedure – the Member state Poland claimed against the European Commission. Therefore OPAL Gastransport GmbH & Co. KG cannot challenge the decision of the General Court of the European Union.

To OPAL Gastransport GmbH & Co. KG it is unknown whether the involved parties will challenge the decision or not.

What is OPAL Gastransport GmbH & Co. KG’s comment on the decision of the General Court of the European Union?

Since the OPAL Gastransport GmbH & Co. KG is not involved in the procedure, it cannot comment on the decision which is not yet final.

What will OPAL Gastransport GmbH & Co. KG now undertake?

OPAL Gastransport GmbH & Co. KG has implemented the decision of the Bundesnetzagentur dated 13 September 2019. OPAL Gastransport GmbH & Co. KG currently reviews all further steps. Please understand that there is no further comment possible at this point in time.