The following are not network operator activities:
1° The supply of gas or heat to networks intended to provide a service to the public by a public undertaking or a body governed by private law that enjoys special or exclusive rights, where the following two conditions are met:
a) The production of gas or heat by the entity concerned is the inevitable result of the exercise of an activity other than those mentioned in article L. 1212-3 ;
b) The supply to the public network is intended solely to exploit this production for commercial purposes and does not exceed 20% of the entity’s turnover, taking into account the average for the current year and the two previous years;
2° The supply of electricity to networks intended to provide a service to the public by a public undertaking or a body governed by private law that enjoys special or exclusive rights, where the following two conditions are met:
a) The production of electricity by the entity concerned is made necessary by an activity other than those mentioned in article L. 1212-3;
b) The quantity of electricity used to supply the public network does not exceed 30% of the entity’s total energy production, taking into account the average for the current year and the two previous years;
3° The supply of drinking water to networks intended to provide a service to the public by a public undertaking or a private-law body benefiting from special or exclusive rights, when the following two conditions are met:
a) The production of drinking water by the entity concerned is made necessary by an activity other than those mentioned in article L. 1212-3;
b) The quantity of water used to supply the public network does not exceed 30% of the entity’s total production of drinking water, taking into account the average for the current year and the two previous years.