THE RESOLUTION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE FIELD OF POWER AND UTILITIES OF UKRAINE

of April 22, 2019 No. 580

About approval of Changes in some resolutions of NKREKP

According to Articles 4, of 32, of 33, 46 and 49 Laws of Ukraine "About the natural gas market" and article 17 of the Law of Ukraine "About the National commission performing state regulation in spheres of power and utilities" the National commission performing state regulation in spheres of power and utilities DECIDES:

1. Approve Changes in the Code of gas-transport system approved by the resolution of the National commission performing state regulation in spheres of power and utilities of September 30, 2015 No. 2493, registered in the Ministry of Justice of Ukraine on November 6, 2015 for No. 1378/27823, which are applied.

2. Approve Changes in the Code of gas storages approved by the resolution of the National commission performing state regulation in spheres of power and utilities of September 30, 2015 No. 2495, registered in the Ministry of Justice of Ukraine on November 06, 2015 for No. 1380/27825, which are applied.

3. Approve Changes in the Standard agreement of transportation of natural gas approved by the resolution of the National commission performing state regulation in spheres of power and utilities of September 30, 2015 No. 2497, registered in the Ministry of Justice of Ukraine on November 6, 2015 for No. 1383/27828, which are applied.

4. Approve Changes in the Standard agreement of storage (downloading, selection) natural gas approved by the resolution of the National commission performing state regulation in spheres of power and utilities of September 30, 2015 No. 2499 (in edition of the resolution of NKREKP of May 25, 2017 No. 689) registered in the Ministry of Justice of Ukraine on November 06, 2015 for No. 1385/27830, which are applied.

5. Approve Changes in the Technique of determination and calculation of rates for transportation services of natural gas for points of entry and points of exit on the basis of the long-term stimulating regulation approved by the resolution of the National commission performing state regulation in spheres of power and utilities of September 30, 2015 No. 2517, registered in the Ministry of Justice of Ukraine on November 6, 2015 for No. 1388/27833, which are applied.

6. Approve Changes in the resolution of the National commission performing state regulation in the field of power, of October 4, 2012 No. 1258 "About approval of forms of the reporting of NKRE in oil and gas complex and instructions for their filling", registered in the Ministry of Justice of Ukraine on October 31, 2012 for No. 1818/22130, which are applied.

7. To the operator of gas-transport system to perform distribution of capacity for the days ahead for May 1, 2019 based on the transportation services of the nominations given customers, having considered previously distributed capacity in each separate point of input and output in/from gas-transport system.

8. This resolution becomes effective since May 1, 2019, but not earlier than the day following behind day of its publication in the official printing publication - the Pravitelstvenny Kuryer newspaper, except Item 7 of this resolution which becomes effective from the date of, its publication following behind day in the official printing publication - the Pravitelstvenny Kuryer newspaper.

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of April 22, 2019 No. 580

Changes in the Code of gas-transport system

I. In Chapter 2 of the Section II:

1. 2 Items 1 after the paragraph of third to add the subitem with the new paragraph the fourth the following content:

"points of entry from customs warehouse of gas storage or group of gas storages;".

With respect thereto the fourth - the fifth to consider paragraphs respectively paragraphs the fifth - the sixth.

2. To add the subitem 2 of Item 2 after the paragraph of third with the new paragraph the fourth the following content:

"exit points to customs warehouse of gas storage or group of gas storages;".

With respect thereto the fourth - the sixth to consider paragraphs respectively paragraphs the fifth - the seventh.

II. To add Chapter 2 of the Section V with new Item of such content:

"8. For the purpose of agreement performance about interaction on points of entry and/or exit on interstate connection the operator of gas-transport system according to the address of the customer of transportation services assigns for such customer of transportation services separate code identifications - shipper-code. Assignment of such code of identification - shipper-code is performed on a grant basis according to the procedure of assignment of EIS-codes, determined by this Chapter.".

III. In the Section ІХ:

1. In the name the word "Undressed" to exclude.

2. State Chapter 1 in the following edition:

"1. General terms

1. The operator of gas-transport system grants right to use capacity of points of input and output on the transparent and non-discriminatory bases according to provisions of this Code and transportation agreement of natural gas.

The extent of the capacity provided to the customer of transportation services in point of input and output is determined according to provisions of this Code and the transportation agreement of natural gas.

2. Access to capacity is provided by the operator of gas-transport system for the next periods:

1) annual - the capacity of certain amount available for a period of 1 gas year, with permanent flow for every gas day within gas year;

2) quarter - the capacity of certain amount available for a period of 1 gas quarter, with permanent flow for every gas day within gas quarter (quarters of gas year begin on October 01, on January 01, on April 01 or on July 01 respectively);

3) monthly - the capacity of certain amount available for a period of 1 gas month, with permanent flow for every gas day within gas month (month begin in the first day of each gas month);

4) for the days ahead - the capacity of certain amount available for a period of 1 gas days, with permanent flow within the gas days following after gas days in which there was capacity separation.

3. The operator of gas-transport system distributes free capacity in points of input and output on annual, quarter, monthly, for the days ahead the periods separately for each type of capacity:

1) the guaranteed capacity;

2) intermittent capacity;

3) capacities with restrictions taking into account provisions of Item 1 of Chapter 8 of this Section.

4. By provision of access to the guaranteed capacity the operator of gas-transport system shall grant right to use in certain amount of capacity on the guaranteed (permanent) basis.

By provision of intermittent capacity the operator of gas-transport system shall grant right to use in certain amount of capacity if for this purpose there is technical capability, but has the right at any time (with observance of the minimum time for the notification on interruption) to interrupt service provision if transportation is technically impossible. Intermittent capacity can be distributed in case at least 90% of amount of technical capacity of point of input and output are already distributed on the guaranteed basis, except cases when the agreement on interaction between operators provides other conditions of provision of right to use by capacity on intermittent basis. The minimum time of the notification about interruptions for certain hour of gas days constitutes 45 minutes after the beginning of cycle of renomination for this hour of gas days.

Features of provision of access to capacities with limited access are determined by Chapter 8 of this Section.

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