Question 3.3.3

In relation to the Storage Participation Activity Report (Article  (9) of Commission Implementing Regulation (EU) No 1348/2014), where a primary capacity holder at a storage site sells capacity to a third party allowing them to hold gas stock at a storage site, who is the market participant for the stock placed at site by the third party (the secondary capacity holder) for the purposes of this report?

Is it the primary capacity holder or the secondary capacity holder?

The TSO places gas (held for Operating Margins purposes) at a storage facility – sometimes this is through the purchase of capacity rights from an existing storage capacity holder.  The TSO buys the gas (either for injection / as an in store transfer) to hold in store.  Who is the market participant in this case?

We have had different interpretations from different parties ranging from:

a)  it is the responsibility of the party who has legal title while the gas is in store (strictly speaking the storage operator);

b)  it is the responsibility of the party who has contracted / secured primary capacity rights directly with the storage operator;

c)  it is the responsibility of the secondary capacity holder (in this case the TSO) to report.

Answer: In the Agency’s view the Market Participant responsible for reporting data according to Article 9 (9) of Commission Implementing Regulation (EU) No 1348/2014 in the above example is the secondary capacity holder – the TSO, since according to the Agency’s understanding it is also the secondary capacity holder that makes nominations at the storage facility. The Storage System Operator (SSO) may report on behalf of the Market Participant. The SSO shall identify the Market Participant in the report.