February 2014

Statement of Common Ground between Forewind and Tata Communications

Document Title Dogger Bank Creyke Beck

Statement of Common Ground

Tata Communications

Forewind Document Reference F-EXC-CG-047_Tata OF

Issue Number 2.2

Date 27 February 2014

Revision History

Date Issue No. Remarks / Reason for Issue Author Checked Approved

05/12/13 1.1 First draft to Tata MS SB SB

17/02/14 2.1 Revised after comments from Tata

MS SB SB

27/02/14 2.2 Final for signing - approved MS SB GL

Mr. John Freeman TATA Communications (UK) Ltd. 20 Old Bailey London EC4M 7AN 27 February 2014 Dear Mr Freeman,

Reference: Statement of Intent in relation to interaction(s) between Forewind and Tata Communications

1. Following dialogue between Forewind Limited (Forewind) and Tata

Communications (UK) Ltd (“Tata Communications”) during the period 12th May

2011 to present, Forewind formally write requesting Tata Communications’

support for the consent of four (4) Nationally Significant Infrastructure Projects

(“NSIPs”) that will have a limited interaction with Tata Communications’

interests (as per the attached Figures in Appendix 1).

2. This letter outlines the result of discussions on technical parameters held

between Forewind and Tata Communications. The purpose of this letter is to

provide a statement of intent to Tata Communications that in future the

operating company (‘Bizco’ – see below) will enter into agreements with Tata

Communications on the exact crossing and proximity parameters for

consideration.

3. Furthermore, text on cables and pipelines as stated within the Development

Consent Order (DCO) for Dogger Bank Creyke Beck is included as Appendix

2 to this Statement of Intent. These Articles in the DCO, once agreed and

completed, will establish the framework necessary for the parties to negotiate

and enter into crossing and proximity agreements. The crossing and proximity

agreements will serve as Tata Communications’ consent and define the

technical parameters of the works required for the cable and pipeline

crossings. The language in Appendix 2 is the proposed wording for inclusion

in our draft DCO for Dogger Bank Creyke Beck which was submitted to the

Planning Inspectorate with our application at the end of August 2013.

4. On the assumption this letter accurately reflects the agreed positions we invite

you to sign and return one copy of this letter. We will of course be happy to

discuss, clarify and amend the contents as appropriate

Forewind and Dogger Bank

5. Forewind is a consortium comprising four leading international energy

companies (RWE, SSE, Statkraft and Statoil) which joined forces to bid for the

Dogger Bank Zone Development Agreement as part of The Crown Estate’s

third licence round for UK offshore wind farms (Round 3). Within the Dogger

Bank Development Zone there are up to eight independent projects being

consented on Dogger Bank, with the benefit of eventual development consent

orders residing in a different operating company (a “Bizco”) for each project

rather than Forewind.

6. Forewind is acting in the capacity of agent for and on behalf of all Bizcos.

Bizcos

7. Four (4) of the projects under Forewind’s stewardship, each with its own

Bizco, are known to be in proximity to, and or cross Tata Communications’

Northern Europe cable. These are:

Doggerbank Project 1 Bizco Ltd (under Company Number 7791991 and whose registered office is at 55 Vastern Road, Reading, RG1 8BU (“Bizco 1”));

Doggerbank Project 2 Bizco Ltd (under Company Number 7791977 and whose registered office is at 55 Vastern Road, Reading, RG1 8BU (“Bizco 2”));

Doggerbank Project 3 Bizco Ltd (under Company Number 7791964 and whose registered office is at 55 Vastern Road, Reading, RG1 8BU (“Bizco 3”)); and

Doggerbank Project 4 Bizco Ltd (under Company Number 7914510 and whose registered office is at 55 Vastern Road, Reading, RG1 8BU (“Bizco 4”)).

8. Together hereinafter they are referred to as “Bizcos”. Each Bizco is intended

to design, construct, operate and own the wind farm and transmission assets

consented on their behalf by Forewind.

TATA Communications

9. Tata Communications (UK) Ltd. is a wholly owned affiliate of Tata Communications Ltd (formerly Videsh Sanchar Nigam Ltd). Tata Communications owns and operates the active telecommunications cable laid between North Yorkshire in the UK and the Netherlands across the North Sea (“TATA North Europe Cable”).

Interactions between Forewind and TATA Crossings

10. At present the exact technical parameters of a cable corridor crossing location

are unknown, however an approximate location at which Project 1 and 4’s

HVDC cable corridor will cross that of TATA Communications’ North Europe

Cable (As defined in Appendix 2) is illustrated in Appendix 1. In future, up to 6

inter-project cables may also be applied for to join Creyke Beck A and B

projects, however this will be subject to a separate application. Tata

Communications provided Forewind with a draft Crossing Agreement in May,

2013 and expects that the parties will enter into a formal crossing agreement

prior to the start of construction.

Proximity

11. It is known that TATA’s North Europe Cable (as defined in Appendix 2)

borders the northern boundary of Project 1 (labelled as Creyke Beck A in

Appendix 1 Figures) and Project 6 (labelled as Teesside B in Appendix 1

Figures).

12. In future it is possible that the in-zone cable corridors for Teesside projects

transit through the gap between Creyke Beck A and B as they exit the zone. If

this does happen, these cables will be in proximity to TATA North Europe

Cable.

13. Tata Communications provided Forewind with a draft Proximity Agreement in

May, 2013 and expects that the parties will enter into a formal proximity

agreement prior to the start of construction.

Dialogue and agreements to date

14. During a meeting held at Tata Communications’ London offices on 8th

November 2012 between Forewind and Tata Communications the following

technical parameters were identified, which Forewind has factored into the

design process:

o Cable crossing will be constructed at, or as close to, 90 degrees as

possible;

o Proximity offset distances of:

1km between TATA’s cable and wind farm surface structures 750m between TATA’s able and subsea structures 500m between TATA’s cable and any intrusive works. Any

justified requirement to work closer will be formally agreed with

TATA prior to these works taking place.

15. As was agreed at this meeting, the parameters provided above are measured

from the centre-point of each structure, rather than the closest edge.

16. In relation to point 12 of Part 4 of Appendix 2, the proposed DCO text, Tata

Communications has stated a preference for “fifty metres” to be “two hundred

metres” for the North Europe cable. Forewind acknowledges Tata

Communications’ concerns regarding this but feel a change to the DCO is not

necessary. Forewind advises that, before works commence, each Bizco will

have to run a ‘conflict check’ through The Crown Estate which will trigger a

requirement for the Bizco to communicate with Tata Communications if any

works are proposed within one nautical mile of the North Europe cable.

17. The Parties agree that they need to enter into crossing and proximity

agreements, other than the DCO, prior to the construction of wind farm

surface or subsea structures that cross or come into close proximity to Tata

Communications’ cables.

18. The Parties have agreed to the following amendments to the DCO presented

in Appendix 2:

Clause 9 under Part 4: the clarification of “drawings” to “existing

drawings”; and

Clause 10 under Part 4: the addition of “…and make reasonable

changes required to avoid risk of harm to the cables by the

construction.” to the end of the clause.

Transfer of asset ownership

19. In the event ownership or control of any assets or rights transfer to a third

party the relevant party shall transfer the provisions of this letter and give

notice to the other continuing party.

General

20. Forewind submitted its first application for Creyke Beck A and B projects at the

end of August 2013 and is working towards a formal consent application for

Teesside A & B in Q2 2014. The final and formal stakeholder consultation

was undertaken in Q4 2013 and ended on 20 December 2013. Outside of this

direct line of communication we will keep you updated on our project at an

interval spacing to be agreed.

21. Forewind trusts this letter accurately sets out discussions and informal

agreements to date, including our joint intentions to enter agreements in

future.

22. Please feedback any comments you may have, particularly with regard to the

DCO text contained in Appendix 2.

Yours sincerely,

Sophie Barrell Offshore EIA Manager

Signed for and on behalf of Tata Communications (UK) Ltd.: See Appendix 3 – email confirmation of agreement.

Appendix 1 – Figures

"/

"/ "/

LANG

ELED

PIPE

LINE (

GASS

CO)

Creyke Beck A

Creyke Beck B

Teesside ATeesside B

TATA NORTH EUROPE (TATA TELECOMS)

CBB-8CBB-7

CBB-6

CBA-1

CBA-5

CBB-2CBB-1

CBB-3 CBB-4

CBB-5

CBA-4

CBA-3

CBA-2

TSB-7

TSB-6

TSB-5

TSB-4TSB-3

TSB-2TSB-1TSA-1

TSA-18TSA-17

TSA-16 TSA-15 TSA-14TSA-13

TSA-11TSA-12

TSA-10TSA-9TSA-8TSA-7TSA-6TSA-5TSA-4TSA-3TSA-2

400000

400000

450000

450000

500000

500000

6050

000

6050

000

6100

000

6100

000

6150

000

6150

000

¯

LEGEND

0 10 20

Kilometres

Data Source:Round 3 © TCE, 2010Cables © KISCA, 2011International boundary © UKHO, 2013TATA cable repeaters location data from TATA CommunicationsInternational Boundary © UK Deal 2010Ordnance Survey data © Crown copyright and database right, 2010Background bathymetry image derived in part from TCarta data © 2009

The concepts and information contained in this documentare the copyright of Forewind. Use or copying of thedocument in whole or in part without the written permissionof Forewind constitutes an infringement of copyright. Forewind does not warrant that this document is definitivenor free of error and does not accept liability for any losscaused or arising from reliance upon information provided herein.

DOGGER BANK R3 DEVELOPMENT

M-INF-0029-02DRAWING NUMBER:

VER DATE1

REMARKS CheckedFirst Issue

DRAWING TITLE

PROJECT TITLE

WGS84 UTM31NA31:600,000 DATUM PROJECTIONSCALE PLOT SIZE

DrawnAJ AC20/03/2013

Dogger BankInteraction between TATA and Forewind

International boundary

Project Boundaries

Dogger Bank Creyke Beck BDogger Bank Teesside ADogger Bank Teesside B

Dogger Bank Creyke Beck A

CablesTata North Europe Telecommunication cable (Active)

Easting Northing

CBA-1 412237 6077313CBA-2 446977 6077123CBA-3 450339 6073778CBA-4 434005 6057359CBA-5 411989 6066904

(metres)Position

Creyke Beck AEasting Northing

CBB-1 404580 6104103CBB-2 407932 6104435CBB-3 415337 6106758CBB-4 426943 6106758CBB-5 426943 6079721CBB-6 402068 6081499CBB-7 403256 6092276CBB-8 403239 6092720

Position (metres)

Creyke Beck B

2 Cable corridor updated AJ SC22/08/2013

Easting Northing

TSB-1 445523 6108971TSB-2 450126 6109539TSB-3 468113 6091645TSB-4 467043 6090569TSB-5 453619 6077075TSB-6 452689 6077082TSB-7 433143 6096527

Teesside B

Position (metres)

Teesside A and B

Creyke Beck A and B

Dogger Bank Round 3 Zone

"/ Repeaters PositionTranche boundary

Dogger Bank export cable corridorsTeesside A and B in-zone export cable corridor

Appendix 2 – Development Consent Order (DCO) text

Sections of the Dogger Bank Creyke Beck

Development Consent Order relating to cable and pipeline operators

29 July 2013

PART 1

Preliminary

“cable crossings” means the crossing of existing sub-sea cables and pipelines by the inter-array,

interconnecting and/or export cables authorised by this Order together with physical protection

measures including cable armouring;

SCHEDULE 1 Authorised Project

PART 2

Ancillary Works

Works comprising—

(a) temporary landing places, moorings or other means of accommodating vessels in the construction

and/or maintenance of the authorised development;

(b) temporary or permanent buoys, beacons, fenders and other navigational warning or ship impact

protection works;

(c) temporary works for the protection of land or structures affected by the authorised development;

(d) scour protection or dredging; and

(e) the removal, reconstruction or alteration of the position of subsea cables and pipelines.

PART 4

Protection of offshore cables and pipelines

1. The following provisions of this Part of this Schedule have effect, unless otherwise agreed in

writing between the undertaker and the Company concerned.

2. In this Part of this Schedule—

“the cables” means the whole or any part of the UK-Germany-6 cable, the TATA North Europe Cable

and UK-Denmark-4 cable;

“the Company” means Cable and Wireless Worldwide and BT Subsea in relation to the UK-Germany-

6 cable; BT in relation to the UK-Denmark-4 cable; Tata Communications in relation to the TATA

North Europe Cable; Shell U.K Limited in relation to the Shearwater to Bacton (SEAL) pipeline and

Gassco in relation to the Langeled Pipeline;

“construction” includes execution, placing and altering and cognate expressions shall be construed

accordingly;

“the Langeled Pipeline” means the underwater pipeline transporting Norwegian natural gas to

the United Kingdom across the North Sea;

“the pipelines” means the whole or any part of the Langeled pipeline and the Shearwater to Bacton

(SEAL) pipeline which are used for the conveyance of any liquid hydrocarbon fuel and in respect of

which a Company has an interest for the time being, together with any associated plant and equipment

serving those pipelines;

“plans” includes sections, drawings, calculations, methods of construction, particulars and

specifications;

“the protected property” means the cables and pipelines—

(a) any part of which is situated within the Order limits for the offshore works; and

(b) in respect of which a Company has an interest for the time being;

“protective works” has the meaning given in paragraph 11 below;

“the Shearwater to Bacton (SEAL) Pipeline” means the gas pipeline connecting the Shell terminal in

the UK to the Shearwater and Elgin-Franklin gas fields in the Central North Sea;

“specified matter” means any of the following—

(c) the construction, maintenance, operation or use of the offshore works;

(d) the construction, maintenance, operation or use of any protective works or safeguarding works;

and

(e) any preparatory action in connection with any activity mentioned in (a) or (b) above;

“the Surveyor” means the surveyor or engineer appointed for the purposes of this Part 4 of this

Schedule 9;

“TATA North Europe Cable” means the active telecommunications cable laid between North

Yorkshire in the UK and the Netherlands across the North Sea;

“UK-Denmark-4 cable” means the out of service telecommunications cable laid between the UK and

Denmark;

“UK-Germany-6 Cable” means the out of service telecommunications cable laid between the UK and

Germany;

“the works” means Works Nos. 1A, 1B, 2A, 2B, 2BA, 2BC, 3A and 3B.

3. In this Part of this Schedule references to the Company are references to any (or, as the case may

be, each) Company which has an interest in the protected property concerned for the time being.

4. In this Part of this Schedule references to a Company include references to its successors in title

in respect of any protected property.

5. Notwithstanding anything in this Order as shown on the works plans the undertaker shall not

pursuant to the powers of this Order appropriate and remove any protected property otherwise than by

agreement with the Company.

6. Notwithstanding anything in this Order, except in the case of any part of the protected property

which the Company certifies in writing is permanently disused, the undertaker shall not exercise the

powers of the Order to relocate any protected property until suitable alternative facilities have been

provided by the undertaker and are available for use to the reasonable satisfaction of the Company.

7. The undertaker shall use its best endeavours—

(a) in exercising any of the powers in this Order to avoid or (failing avoidance) to minimise any

damage or disruption to the protected property; and

(b) without prejudice to (a) above, to ensure that the works do not at any time fall into such a

condition as to compromise the integrity or operation of the protected property.

8. Not less than eight months before commencing to construct the works the undertaker shall furnish

to the Company a programme for the works proposed and a general indication of the nature and location

of those works and, if within 28 days from the receipt by a Company of that programme and general

indication the Company gives notice in writing to the undertaker that any part of the offshore works

indicated in the programme may in any way affect protected property, paragraphs 10 and 11 below shall

apply with respect to that part of those works.

9. Upon giving any notice to the undertaker under paragraph 8 above, the Company shall furnish

drawings shown to the best of its knowledge the position and depth of the relevant part of the protected

property.

10. Not less than four months before commencing to construct any part of the offshore works which

may significantly affect the protected property, the undertaker shall furnish to the Company detailed

plans and specifications of the relevant part of the offshore works and shall have due regard to any

representations made by a Company relating to such plans or to the programme for the works.

11. At any time within a period of one month from the receipt by the Company of the plans referred to

in paragraph 10 above the Company may by notice in writing to the undertaker specify any reasonable

temporary or permanent works or measures (the “protective works”) which in its reasonable opinion

should be carried out or taken by the undertaker before the commencement of or during the construction

of the works in order to ensure the stability of the protected property (shown on the drawings furnished

by the Company under paragraph 9 above) or to protect them from injury and such protective works

shall be constructed by the undertaker at its own expense and under the inspection (if any) of the

Company.

12. Except in the case of protective works that the Company has informed the undertaker in writing

may be carried out during the construction of the works, the undertaker shall not commence the

construction of any work within fifty metres of, or which may in any way affect, the protected property

until the protective works relating to the work have been completed to the reasonable satisfaction of the

Company.

13. In the case of protective works of which the Company has informed the undertaker in writing as

mentioned in paragraph 12 above, the undertaker shall comply with all reasonable requirements of the

Company arising from its inspection under paragraph 11 above as promptly as practicable after the

undertaker has been notified of such requirements.

14. Except in an emergency (when it shall give such notice as may be reasonably practicable) the

undertaker shall give the Company not less than 56 days’ notice of its intention to carry out any works

for the repair or maintenance of the works in so far as such works may affect or interfere with the

protected property.

15. The undertaker shall repay to the Company the reasonable expenses properly incurred by the

Company in or in connection with the removal and relaying or replacing of any part of protected

property, including the provision, laying down or placing of any alternative facilities.

16. The undertaker shall repay to the Company the reasonable expenses properly incurred by the

Company in or in connection with the preparation of drawings or notice referred to in paragraphs 8 or 10

above and by the Company in the watching and inspecting of any protective works relating to protected

property.

17. The preceding provisions of this Part of this Schedule shall not apply in relation to any protected

property laid by or for the use of the Company after the coming into force of this Order.

18. Nothing in this Part of this Schedule shall affect any enactment or any regulations made under any

enactment or any agreement regulating the relations between the undertaker and the Company in respect

of any protected property laid within the Order limits for the offshore works on the date on which this

Order comes into force.

Appendix 3 - Confirmation of agreement

1

Michael Stephenson

From: Michael StephensonSent: 04 March 2014 16:31To: Michael StephensonSubject: FW: Statement of Intent and DCO - Tata edits

From: Chris Ulicki [mailto:c.ulicki@tatacommunications.com] Sent: 04 March 2014 14:35 To: Michael Stephenson Cc: James Moskowitz; Sophie Barrell Subject: RE: Statement of Intent and DCO - Tata edits  Michael,  Both Tata Subsea cable operations team and Legal team are content with the current stamped version of the Statement of Intent and DCO documents, we are just awaiting response from the signatory to formalize this.  Sorry for the delay, thank you for your patience.  Thanks, 

Chris Ulicki Senior Technical Specialist, Network Equipment, Subsea & Terrestrial Cable Maintenance Customer Services & Operations

Tata Communications (America) Inc. 90 Matawan Road 3rd floor Matawan, NJ 07747 United States of America

Direct +1 732 888 6766 | Mobile +1 908 472 8939 | IP 806766 c.ulicki@tatacommunications.com

www.tatacommunications.com

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