Update on Investment project 31 March 2010 Action Plan outline for RCC

1. Update on Investment project 31 March 2010 Action Plan outline for RCC Erik Rakhou, Projectleader Benoit Esnault Vice-chair

2. 3 questions for today Are we on right course with Action Plan? Do we work on Regional plan theme? Subject to which comments do you approve cover note for Governmental meeting of 6 May to submit a paper with overview of legal mismatches?

3. Contents Where do we stand? Where do we go? Management summary of the project brief “Action Plan” Key objectives approved by RCC Working and reporting structure Graphics of detailed project steps 2010-2011 Timing next steps

4. Where do we stand? • SG and stakeholders support practical implementation of Investment project lessons • Including ENTSOG support • Policy Advise document with its 7 recommendations approved by RCC as of 2.2.2010, after support by all stakeholders and GRI NW structures. • Is published on ERGEG website • Time to monitor progress of advise in real projects • RCC supported further action on follow-up in view of 2010 developments • 3 key objectives to be achieved by 2011 approved by RCC as of 4.2.2010 – see next slides for working approach • “Open seasons” work stream integrated with Investment stream • Work started, core group is being formed, 1 april GO (after RCC/IG on 31/3/2010) • CRE, NMa, GTS, Fluxys, Gasunie Deutschland, CREG, Centrica, Statoil, EDF Trading. 2 more requests pending. • RCC today (31/3/2010) provides additional advise on way forward (i.a. Regional Plan work and comment to Governmental note).

5. Where do we go? Action Plan summary. • Respect 2010 as ‘Year’, be pragmatic, meet less and do more telco’s. • Do practical regional follow-up on the Investment project 2008-2009 • Follow the projects in the region and watch lessons learned being implemented • Via concrete presentations by involved parties and updates on faced issues (for ad-hoc action) • Via seeking public commitment and addressing of any legal bottlenecks to investment (focus on stranded assets/trigger to invest) • Prepare thinking and make regional comments relevant to new EU-framework, focused at: • Prepare comments to FG on Tarification • Consider principles for x-border cost-sharing • Regional plan work – subject to RCC decision

6. The objectives to be achieved by 2011approved by RCC 4.2.2010 • Level 1 (immediate informal start after approval by RCC) • 1. Share and monitor implementation of Policy Advice recommendations as lessons learned in the region as of Q2 2010. • With continued special attention for recommendation 1 under 2nd objective. • Level 2 (final ambition is subject to resources, wider update GRI NW Roadmap) • 2. Address the stranded-asset risk of regional projects due to differences in regulatory regimes and risks in countries involved per pipeline project. • 3. Draft regional RCC positions for EU-level investment processes - in any case: Framework Guidelines on Tarification. Security of Supply, cross-regional work in GRI Taskforce, Guidelines of Good Practice for Open Season Procedures (GGPOSP).

7. Working structure Investment project:the work is carried by core action group. Approval and comments regular GRI structures: RCC, IG, OG, SG, PB (PO). Regional position National implications Potential issues to feed to EU-level Investment workshops, max. 2 /year Opportunity for discussing work results with 30-40 experts, including governments staff. Core action group working on 3 objectives (lead by Project manager, Vice-Chair) General analysis, work for project, liaison to relevant parties; 8 to 12 persons – based on diversity, expert continuity and link to real projects. Sub-group objective 2 (lead by senior energy economist, Machiel Mulder) Specific work for objective 2 on exploring cross-border cost/benefit sharing Work on objectives 1 and 2 (Primary lead with Project manager) Work on objective 3 (Primary lead with Vice-Chair) Project management

8. Detailed project steps GRI NW Investment Q2 2010 Q3 2010 Q4 2010 2011 Level 1 June; October/Nov workshops on progress Recommendations; Publish commitment to implement all 7 recommendations by 1.1.2012 in decisions with or excl. rec. 1 (website publications via 3 steps: ERGEG/GRI website, then Board approvals, then NRA if required); results reported to RCC on small co-ordination TSOs-regulators & special attention to rec. 1 and 4; updates on projects in the region in 2010. 2 progress Workshops; Hand over/co-operation ACER/ENTSOG/Member-States of the region ? 1st Objective At latest by May Gov. mtg, if required, file request to remove legal mismatches blocking rec. 1 implementation Publish on all NRA websites or proove otherwise commitment to apply rec. 1 (Ergeg/gri 1st; via Board dec. 2ndly nras) SG to monitor RCC practice in Implementing rec. 1. Level 2 2nd Objective Present final paper on x-border cost/benefit sharing Prepare RCC decisions on cost/benefit sharing Present issues paper on x-border cost/benefit sharing* Level 2 Input to FGL Tarification: Q2 relevant EU-issues presented at RCC to check for regional issues; q3 regional specificity opinion fed into EU-level discussions 3rd Objective Input to RIG on Open Seasons; Tarification input c Regional facilitation S.O.S (subject to SOS regulation) Workshop & paper on Scope Regional investment plan Tauern gas pipeline study;connecting to South-South East region (exemption request in 2011);Subject to SOS regulation bi-directionality Investment discussions in NW region Regional investment Projects Without FID (based on public sources) GTS OS 2012 Gravenvoeren (linked to Fluxys-GrtGaz North-South) planned FID. Gasunie DE – GTS planned FID; Project study; MET project between RWE Rheinland Westfalen Netz, Fluxys and RWE Transgas Net; Study Fluxys – GrtGaz (Veurne) Ellund-developments, reinforcing link Sweden & Denmark to German market; study Denmark – Poland Baltic pipeline. PB 7.7 and 6.10; IG/RCC 14.9; RCC 14.12; 10/11.11 GM/SG; GRI mtgs IG/RCC 31.3; RCC 22.6 PB 28.4; GM/SG 6/7.5; PB 7.7; IG/RCC 14.9 Subject to planning Relevant EU-processes Scope of regional investment plans (to be) consulted in 10 YDP 2010 consultation ENTSOG by Oct 2010; South region GRI works on regional plan; Tarification FGL work process as of q2 ‘10 -q1 ‘11 Regional aspects SOS/Open Seasons work RIG q2 - q4; (Pot. adoption May ‘10) security of supply regulation, with its regional aspects and obligations to invest and fund investment * The paper on x-border cost/benefit sharing touches in fact on objective 2 and objective 3. Its input is valuable for regional stranded asset issue as well as potential input to EU-level discussions.

9. Timing - next steps • 31 March – RCC/IG • 12 April – telco core group • 27 April – meeting core group • 6 May – GM, legal bottlenecks are filed • 7 May – as part of SG investment is discussed • 4 June – 1st 2010 investment workshop, Paris • 22 June - RCC • October/November – 2nd investment workshop • Other Q3 - Q4 – planning to be refined subject to Roadmap update, ACER/ENTSOG/EU-developments • 2011 – planning to be refined, subject to ACER/ENTSOG/EU-developments

10. Thank you – time for discussion & questions • All your feedback is most welcome. • We account for it in detailed project brief (in “word”) to be finalized in early April based on todays RCC/IG-feedback. In parallel we move on with the work. • When/if giving “additional tasks”, please be prepared that we ask for your help to do the work.

11. Potential background info on the project ANNEX

12. Background sources for currently known studied NW-EU investment projects (March 2010) Informal ENTSOG-members, projects confirmation March 2010/public websites: • "Study Fluxys – GrtGaz" : it refers to the coordinated open season North-South between Fluxys and GRTgaz with participation of GTS at 's Gravenvoeren (OS 2012). FID has been taken by GRTgaz and Fluxys subject to final confirmation by GTS expected at the latest by 1 April 2010. • Project study Fluxys – Eynatten/Thyssengas" : it refers to the MET project between RWE Rheinland Westfalen Netz, Fluxys and RWE Transgas Net. The market survey has started on 17 November 2009 (see http://www.rwe.com/web/cms/de/289390/rwe-rheinland-westfalen-netz/presse/pressemitteilung/?pmid=4004224) and the project is in the phase of initial non-binding interests by potential network users. • Study Fluxys – GrtGaz for Veurne, q3-q4 2010: see www.cre.fr/en/content/download/.../100217CPgazFranceBelgique-en.pdf • Gasunie DT – GTS ››› FID to be taken in Q3/Q4 2010 • Norway - Denmark – Poland: Skanled-Baltic pipeline ››› On 29 April 2009, ‘the Skanled partners decided to suspend further project activities due to increased commercial risk combined with the global economic developments that have given an uncertain view on future gas demand’.; the Baltic Pipe project was consequently suspended since volumes from Skanled would no longer enter the planned pipe; initiatives are taken to reassess the feasibility of interconnection of Danish and Norwegian offshore installations in the North Sea to replace the Skanled project in terms of direct Norwegian import. This could re-establish the basis for Baltic Pipe. In addition, internal investments on both sides of the German-Danish border are well underway and will establish new entry capacity at the border to allow import of gas from Germany to the Danish and Swedish markets; In short, Skanled has been abandoned and replaced with a different interconnection project, while it is investigated if Baltic Pipe can be revived. (Note that EERP money has nevertheless been awarded) • The Tauern Gas Pipeline (TGL) project .The feasibility study nears completion. If the results of the environmental impact assessment and capacity allocation are positive, construction of the pipeline is scheduled to begin in 2013. The application to Austrian regulatory authority for exemption decision temporarily was withdrawn and TGL Open Season 2009 terminated; the postponement aims  at ‘ensuring secure long-term conditions for the project partners and transportation customers, [for which] it is necessary to wait until the 3rd EU Energy Package […] has been implemented in Austrian law as a statutory basis for the exemption decision. […] Clarifications are required, especially concerning the provisions relating to ownership unbundling and the introduction of an entry/exit tariff system for natural gas transmission pipelines.

13. ERGEG/ENTSOG/S.O.S. work in 2010 ERGEG: Q2-Q3: Start work on draft Framework Guideline on harmonised transmission tariff structures (GWG) - # 20 in the WP 2010 => goes into 2011. Q4: Status Review of intra and inter-regional coordination of open seasons (RIG) - # 19 in the WP 2010, might be moved forward. ENTSOG/SOS: pending discussions Developing scope for regional investment plan as an element in 10 YDP discussion during 2010 E.g. South GRI region works on such a plan in 2010. See http://www.energy-regulators.eu/portal/page/portal/EER_HOME/EER_INITIATIVES/GRI/South/Meetings1/RCC_meetings/8supthsup%20South%20RCC/DD/2010%20work%20program%20v2.docx TBC: regional implementation S.O.S. regulation (subject to its likely adoption in May 2010 Energy Council)

14. Legal analysis summary (NRAs in random order)

15. Explanatory note on used symbolsat legal analysis summary : +/- There maybe an issue. Depends on implementation ++ Major support + No issue + ! No issue but care needed with implementation Minor issue - - law change needed “R. x” The references in the presentation to the 7 recommendations – for full text see project documentation.