S.L. 545.12 Art. 23Access to storage.

(1) The owner of a storage facility shall publish at least once every year the main commercial conditions relating to the use of storage and the grant to another person of a right to have gas stored in the facility on that person’s behalf. The storage system operator shall publish any changes to the published conditions as soon as they become effective.

(2) The owner of a relevant facility shall ensure that the conditions which he is required to publish under sub-regulation (1) do not discriminate against any applicants or descriptions of applicants, or any potential applicants or descriptions of potential applicants, for a right to have gas stored in the facility.

(3) Any person who seeks a right to have gas stored on his behalf in a gas facility shall submit an application to the owner of such facility specifying what is being sought.

(4) The application shall, in particular, specify:

(a) the period during which the gas is to be stored in the facility;

(b) the kind of gas to be stored (which must be of, or similar to, the kind the facility is designed to store); and

(c) the quantities of gas to be stored.

(5) The applicant and the owner of the storage facility shall negotiate in good faith and endeavour to reach an agreement on the application.

(6) If the owner and the applicant do not reach any such agreement, the applicant may apply to the Regulator for directions under sub-regulation (8) which would secure to the applicant the right to have the gas stored on his behalf: Provided that the Regulator shall not entertain an application unless he is satisfied that the parties have had a reasonable time in which to negotiate in terms of subsection (5).

(7) Where a person applies to the Regulator under sub-regulation (6) and the Regulator is satisfied as mentioned in sub-regulation (6), the Regulator shall:

(a) decide whether the application is to be adjourned (so as to enable further negotiations to take place), considered further or rejected;

(b) give notice of his decision to the applicant; and

(c) in the case of a decision that the application is to be considered further, give to the owner of the facility notice that the application is to be so considered and an opportunity of being heard on the matter.

(8) Where, after considering an application under sub-regulation (6), the Regulator is satisfied that the giving of directions under this sub-regulation would not prejudice the efficient operation of the facility, or the storage in the facility of -

(a) the quantities of gas which the owner of the facility requires or may reasonably be expected to require to be stored in the facility, and

(b) the quantities of gas which any person who has a right to have gas stored in the facility is entitled to require to be so stored in the exercise of that right, then the Regulator may give such directions to the owner of the facility.

(9) Directions under sub-regulation (8) may -

(a) specify the terms on which the Regulator considers the owner of the facility should enter into an agreement with the applicant for all or any of the following purposes;

(b) specify the sums or the method of determining the sums which the Regulator considers should be paid by way of consideration for any such right, and require the owner, if the applicant pays or agrees to pay those sums within a period specified in the directions, to enter into an agreement with him on the terms so specified.

(10) An owner of a storage facility shall be entitled to refuse access thereto for any of the following reasons:

(a) lack of capacity;

(b) where access to the facility would prevent the owner from carrying out any public service obligations undertaken by him; or

(c) in the case of take-or-pay contracts, where the owner would suffer serious economic and financial difficulties:

Provided that refusal on any of the above grounds shall be duly substantiated by the owner:

Provided further that, in the case of refusal on the grounds of lack of capacity, the owner comprehensively proves that such refusal was made on an objective, transparent and non-discriminatory basis.