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

of July 18, 2019 No. 1525

About approval of Changes in the resolution of NKREKP of March 14, 2018 No. 312 "About approval of Rules of the retail market of electrical energy"

According to the laws of Ukraine "About the market of electrical energy" and "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 resolution of the National commission performing state regulation in spheres of power and utilities of March 14, 2018 No. 312 "About approval of Rules of the retail market of electrical energy" which are applied.

2. To the operator of system of transfer and operators of systems of distribution to determine the cost of the unaccounted electrical energy consumed by consumers in the periods (months) previous on January 01, 2019 depending on category of consumers on rates for electrical energy for the population or retail rates for electrical energy which were effective during the corresponding periods (months).

3. Declare invalid the resolution of the National commission of regulation of power industry of Ukraine of May 4, 2006 No. 562 "About approval of the Technique of scoping and cost of the electrical energy which is not considered owing to violation by consumers of instructions for use by electrical energy", registered in the Ministry of Justice of Ukraine on July 04, 2006 for No. 782/12656 (with changes).

4. This resolution 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 July 18, 2019 No. 1525

Changes in the resolution of NKREKP of March 14, 2018 No. 312

I. In the resolution:

1. In Item 2 of the word and figures "till December 01, 2018" to exclude.

2. In item 4:

Offers the first - the fourth paragraph one to state 1) in the following edition: "4. To operators of systems of distribution (further - OSR) to sign the service provision agreements on distribution of electrical energy signed with the consumer, with all consumers whose electroinstallations are attached in the territory of activities of OSR. The agreement is drafted by OSR on the basis of the essential conditions determined by the Code of systems of distribution approved by the resolution of NKREKP of March 14, 2018 No. 310, and the standard form established by Rules and posted on OSR website, in mass media and in service points of consumers of OSR. OSR by direct delivery by personnel of OSR or with the account, or the mailing provides to the consumer the statement accession to the specified agreement which is created according to databases of vertically integrated subject of managing and contains EIS-codes of points of commercial accounting of object of the consumer. Provision of such statement accession is the offer to the consumer about accession to the agreement of the consumer on provision of services on distribution of electrical energy on the terms of the current agreement about use or delivery of electrical energy (individual characteristics of object, capacity, reliability class, identification codes, features of accounting, etc.).";

 Paragraph two to state 2) in the following edition:

"The passports of points of distribution (transfer) which are drawn up according to Rules are provided to Not residential customers attached to OSR/OSP networks together with the statement accession to the agreement of the consumer on provision of services on distribution (transfer) of electrical energy.".

3.  State Item 5 in the following edition:

"5. Within two years from the effective date rules OSR (SMALLPOX) to draw up on all objects of residential customers the passport of point of distribution (transfer) in the form established by Rules. The drawn-up passports of points of distribution (transfer) are integral part of the agreement of the consumer on provision of services on distribution (transfer) of electrical energy and the consent of the consumer to provision of services on distribution (transfer) of electrical energy on the conditions determined in the passport of point of distribution (transfer).

From the effective date agreements of the consumer on provision of services provides services of commercial accounting on distribution (transfer) of electrical energy of OSR (SMALLPOX) to consumers whose points of commercial accounting are arranged in its territory of licensed activities, according to the Code of commercial accounting of electrical energy approved by the resolution of NKREKP of March 14, 2018 No. 311.".

4. In paragraph three of Item 6 of the word and the signs "on compensation of overflows of reactive electrical energy according to Rules of the relation between the owner of networks and/or OSR/OSP, and/or the consumer on compensation of overflows" shall be replaced with words also the signs "on providing overflows of reactive electrical energy according to Rules of the relation between OSR/OSP and the consumer concerning calculations for overflows".

5.  Exclude Item 7.

With respect thereto Items 8 - 13 to consider respectively Items 7 - 12.

6. In Item 7:

To add 1) after words of "any amounts of electrical energy" with signs and words "(on condition of provision of the account by the supplier of universal service)";

To add 2) with the new paragraph of such content:

"Temporarily, for the period from January 01, 2019 to December 31, 2020, universal services, except household and small to not residential customers, are provided by the supplier of such services to also budgetary institutions irrespective of the extent of contractual capacity and to other consumers whose electroinstallations are attached to power networks with contractual capacity to 150 kW. During the specified period all rights and obligations provided by the Law of Ukraine "About the market of electrical energy" and Rules for small not residential customers concerning receipt of universal services extend to budgetary institutions irrespective of the extent of contractual capacity and to other consumers whose electroinstallations are attached to power networks with contractual capacity to 150 kW.".

II. In Rules of the retail market of electrical energy:

1. In the Section I:

1) in Item 1.1.2 of Chapter 1.1:

 in paragraph four "consumer" shall be replaced with words the word "on the consumer's object";

the ninth to exclude the paragraph.

With respect thereto the tenth - the eighty fourth to consider paragraphs respectively paragraphs the ninth - eighty third;

the tenth after the words "the arrangement between" to add the paragraph with the word "individual";

the eleventh to state the paragraph in the following edition:

"the service provision agreement on providing overflows of reactive electrical energy - the arrangement of two parties which is the document of certain form and establishes content and regulates legal relationship between the consumer and the operator of system by the distribution/operator of system of transfer to time of determination of payment for overflows of reactive electrical energy;";

in the paragraph the thirteenth shall be replaced with words the words "which provides delivery of all amount of the actual consumption of electrical energy household and small not household" also the signs "or other consumer who according to the legislation has the right to universal services which provides delivery of all amount of the actual consumption of electrical energy";

after the paragraph of the twenty fifth to add with the new paragraph the twenty sixth the following content:

"permanent (variable) magnetic or electric water the indicator of action of influence (further - the indicator) - the device established in the counter of electrical energy, intended for fixing of influence on the counter permanent (variable) magnetic or electric water which led to changes in operation of the counter;".

With respect thereto paragraphs of the twenty sixth - to consider eighty third respectively paragraphs the twenty seventh - the eighty fourth;

in the paragraph the twenty seventh to exclude the words "on border of balance sheet accessory";

in the paragraph the twenty eighth "influences electric/electromagnetic fields" to exclude words and sign;

the thirtieth to state the paragraph in the following edition:

"the small not residential customer - the consumer who is not residential customer and buys electrical energy for own consumption which electroinstallations are attached to power networks with contractual capacity to 50 kW;";

thirty third to exclude the paragraph.

With respect thereto the thirty fourth - the eighty fourth to consider paragraphs respectively paragraphs thirty third - eighty third;

to state the paragraph of the forty second in the following edition:

"overflow of reactive electrical energy - the component of physical processes of transfer, distribution and consumption of active electrical energy which causes additional technological losses of active electrical energy creates additional loading of the equipment of power network and influences indicators of quality of active electrical energy (levels of tension);";

the forty fifth to state the paragraph in the following edition:

"payment for overflows of the reactive electric power - service fee on providing overflows of reactive electrical energy before electroinstallations of the consumers operating electromagnetically unbalanced installations with inefficient ratio of active and reactive capacity which the operator of system the distribution/operator of system of transfer is forced to provide to consumers in the territory of implementation of licensed activities;";

the forty ninth to state the paragraph in the following edition:

"the residential customer - the individual residential customer (physical person which uses electrical energy for providing own domestic needs not including professional and/or economic activity) or the collective residential customer (the legal entity created by merging of physical persons - residential customers which is calculated for electrical energy according to indications of general settlement means of accounting in volume of the electrical energy consumed for providing own domestic needs of such physical persons, not including professional and/or economic activity);";

fifty third to state the paragraph in the following edition:

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