1. Description of the market survey
The transmission system operators (TSOs) GASCADE Gastransport GmbH with headquarters in Kassel, Gasunie Deutschland Transport Services GmbH with headquarters in Hannover and ONTRAS Gastransport GmbH with headquarters in Leipzig (hereinafter referred to as the "Organizing System Operators") are launching a market survey to determine the need for new transport capacities for H gas at the boundaries of the GASPOOL market area. The market survey is coordinated by GASCADE Gastransport GmbH, Kölnische Straße 108-112, 34119 Kassel (hereinafter referred to as "GASCADE"). The aim of the market survey is to be able to estimate the future need for new cross-market-area transport capacities as early and as realistically as possible. It is designed to support the proper development of the relevant gas pipeline infrastructure. Participation in the market survey is only possible under the Terms and Conditions of Participation set out here by sending an inquiry form in accordance with Section 2. By completing, signing and returning the form for reporting a need for additional cross-market-area capacities (hereinafter referred to as the "Inquiry Form"), participants confirm that they have accepted the Terms and Conditions of Participation.
Information (Information) to be given by participants in the Inquiry Form shall be provided as part of a process for the market-based allocation of new cross-market-area capacities (Market Survey). Participants shall provide the Organizing System Operators with non-binding details regarding their future need for additional transport capacities for H gas at the boundaries of the GASPOOL market area (hereinafter referred to as the "Requested New Capacities").
Participation and on the basis of the document "Market-based allocation of new cross-market-area capacities – description of the project" (hereinafter referred to as the "description of the project") available on the Internet. In order to be able to provide market-based Requested New Capacities as early on as possible, the Organizing System Operators made a decision to launch this Market Survey and have set out a suitable future procedure in the Description of the Project. Participants are expressly reminded that the procedure set out in the Description of the Project may need to be changed if the Organizing System Operators believe that this is necessary or if this is rendered necessary by legal or official requirements.
This Market Survey is not connected in any way with an agreement or obligation in respect of any subsequent network development or the acquisition or reservation of new capacities. It does not represent a request for network access addressed to one of the Organizing System Operators. It is not necessary to take part in this Market Survey in order to take part in any subsequent auction of existing and/or new capacities.
2. The procedure for participating
In order to participate in the Market Survey, participants must complete, print out and sign the inquiry form provided on the Internet. The original signed copy of the Inquiry Form should be sent by 12:00 on 16.10.2015 (hereinafter referred to as the Deadline for Submission) to: more capacity, c/o GASCADE Gastransport GmbH, Kölnische Straße 108–112, 34119 Kassel, Germany. The completed and signed Inquiry Form should be scanned so that it is legible and sent in pdf format via e-mail to contact(at)more-capacity.eu within the Deadline for Submission. However, the original signed copy of the Inquiry Form must be sent without delay in order for the inquiry to be considered. In all cases, timely receipt of the e-mail shall decide whether or not the deadline was complied with.
If participants submit a number of Inquiry Forms, only the Inquiry Form received last will be taken into account. Incomplete Inquiry Forms, forms received after the Deadline for Submission and forms sent by fax shall not be taken into account during the subsequent process.
Participants shall not be entitled to demand that the Internet pages be permanently available or that other technical requirements which are necessary for taking part in the Market Survey in a timely manner are met.
3. Participation fees
The Organizing System Operators reserve the right to demand that participants pay a participation fee in accordance with the provisions below.
The participation fee shall be calculated according to the total quantity of new capacities requested by the participant for the market area boundary (boundaries) that are the subject of the Inquiry Form. The participation fee can be levied if and when the Organizing System Operators decide in the demand analysis produced on the basis of all the inquiries received for the relevant market area boundaries to produce technical studies with a view to allowing all interested market players to book their requested capacity during a subsequent auction or other sale. The participation fee shall be EUR 10.00 (plus VAT where applicable) per requested MWh/h or part thereof and per market area boundary for which a technical study is to be produced.
Participants shall be informed of this in writing by the Organizing System Operators once the demand analysis is complete and may be prompted to pay the participation fee by a specified deadline. This participation fee shall be levied by GASCADE in its own name and for its own account. Inquiries from participants who have not paid the participation fee after the deadline expires shall not be taken into account in the technical study.
Any participation fee that a participant has paid will be refunded in full by GASCADE if the subsequent process does not lead to an auction or other sale of the Requested New Capacities. Furthermore, the participation fee paid shall be refunded in full if the Requested New Capacities or capacities which exceed the amount originally requested in connection with this Market Survey are booked on a binding basis by the participant or third parties.
The participation fee paid shall be refunded by GASCADE proportionally if Requested New Capacities in connection with this Market Survey in an amount which is less than the amount originally requested are booked on a binding basis by the participant or third parties. In this case, the amount of the participation fee which is to be paid back to the participant shall be calculated using the following formula:
(Sum of the actually booked New Capacities / Sum of the initially Requested New Capacities) × Paid participation fee
In all cases, the participation fee paid by the participant is the maximum amount that can be refunded by GASCADE.
4. Exclusion of further-reaching claim
The sole purpose of this Market Survey is to generate non-binding Information as part of a process for the market-based allocation of new cross-market-area capacities in the GASPOOL market area. The Organizing System Operators shall be under no obligation to actually use, evaluate or return the Information. Participating in this Market Survey shall not entitle the participants to demand that the Organizing System Operators carry out or proceed with the procedural steps set out in the Description of the Project. The Organizing System Operators shall at any time be entitled to proceed with, change or, where appropriate, end the process set out in the description of the project if they believe this is appropriate from a business point of view. In the event that the process is ended, Section 3 Paragraph 4 Clause 1 of these Terms and Conditions of Participation shall apply. Participants shall not be entitled to assert further-reaching claims against the Organizing System Operators.
This Market Survey is in no way connected with the reservation or allocation of network access capacities.
In accordance with § 9 (3) of the German Gas Network Access Ordinance (GasNZV), capacity allocation restrictions must be kept to a minimum when issuing a quotation for entry and exit capacities. In the event that dac is requested, fac too may be made available.
5. Exclusion and limitation of liability
Any contractual and legal liability on the part of the Organizing System Operators shall be restricted to willful misconduct and gross negligence. This shall also apply if legal representatives or vicarious agents act on behalf of the Organizing System Operators. This shall not apply to breaches of key contractual obligations (cardinal obligations). Key contractual obligations are those which play a significant role in the performance of the contract and on which the contractual partner can rely. In this case, however, claims for compensation shall be limited to compensation for foreseeable damages typical for a contract of this type.
Liability for personal injuries shall remain unaffected by this.
6. Use of Information, confidentiality
Participants agree that the Information that they provide in the Inquiry Form shall be used for the purposes of the process set out in the Description of the Project. This agreement includes the fact that the Organizing System Operators may pass on to third parties (for example other transmission system operators, the authorities etc.) or publish in aggregated and anonymized form (per market area boundary) the Information, for example during the demand analysis, the technical study (studies), the public consultation (consultations), coordination with the German Regulation Authority or any other necessary procedural steps. Participants may revoke their consent to the use of the results of this Market Survey as described above before the demand analysis is published by notifying the Organizing System Operators in writing. In the event of such a revocation, the participant shall be excluded from further participation in the Market Survey and the new capacities that they requested shall not be taken into account by the Organizing System Operators during the subsequent procedure. Section 3 of these Terms and Conditions of Participation shall not be affected by this.
Otherwise, the Organizing System Operators shall handle with confidentiality all Information that they receive for the purposes of the Market Survey and shall not publish this Information, disclose it in any other way to third parties or pass it on to third parties without prior written permission from the other party. Affiliated companies as defined in § 15 ff. of the German Companies Act (AktG) shall not constitute third parties within the meaning of this provision.
The duty to maintain confidentiality shall not apply where the Organizing System Operators are legally bound to disclose, pass on or publish the Information for use by national or international authorities or other state bodies. The Information may also be disclosed to other persons who themselves are obliged to maintain confidentiality, for example accountants, tax consultants or lawyers under the terms of their particular mandate.
The provision in § 6 a of the German Energy Industry Act (EnWG) shall not be affected.
7. Exclusion from participation
In the event of a breach of the Terms and Conditions of Participation, the participant may be excluded from further participation in the Market Survey and the new capacities that they requested may not be taken into account by the Organizing System Operators during the subsequent procedure.
8. Data protection information
The Organizing System Operators are the recipient of the data and Information provided by participants. Participants' data shall be stored for as long as is necessary for the purposes of the Market Survey and the allocation of new cross-market-area capacities. Participants agree to their Information being processed and evaluated by the Organizing System Operators. Section 6 of these Terms and Conditions of Participation shall not be affected by this. Any data relating to specific persons shall be deleted immediately after the end of the process. Participants shall at any time be at liberty to revoke their consent to the storage of personal data. This shall end their participation in the Market Survey.
If personal data was collected, they will be used exclusively for the purposes of the market survey, the demand analysis, the public consultation and the allocation of new cross-market-area capacities. There is no further sale or any similar marketing. The participant explains his approval that he agrees in the registration, processing and utilization of his data. Participants shall at any time be at liberty to revoke their consent to the registration, processing and utilization of personal data. This shall end their participation in the Market Survey. After the end the participant shall be excluded from further participation in the Market Survey and the new capacities that they requested shall not be taken into account by the Organizing System Operators during the subsequent procedure. Section 3 of these Terms and Conditions of Participation shall not be affected by this. Any data relating to specific persons shall be deleted immediately after the end of the participation.
Reference is otherwise made to the data protection.
9. Applicable law / place of jurisdiction
The law of the Federal Republic of Germany shall apply exclusively to this Market Survey. International private law shall not apply.
The place of jurisdiction for any disputes arising in connection with this Market Survey shall be Frankfurt (Main).