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

of July 29, 2020 No. 1469

About approval of Changes in the Code of gas-distribution systems and modification of the Standard agreement of distribution of natural gas

According to article 4 of the Law 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-distribution systems approved by the resolution of the National commission performing state regulation in spheres of power and utilities of September 30, 2015 No. 2494, registered in the Ministry of Justice of Ukraine on November 6, 2015 for No. 1379/27824, which are applied.

2. Bring in the Standard agreement of distribution 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. 2498, registered in the Ministry of Justice of Ukraine on November 6, 2015 for No. 1384/27829, the following changes:

1) in the Section VI:

to add Item 6.3 after paragraph one with the new paragraph the second the following content:

"The consumer who is not household pays the ordered capacity proceeding from the available objects specified in the statement accession which is appendix to the agreement of distribution of natural gas.".

With respect thereto to consider paragraph two the paragraph third;

in Item 6.5:

third to state the paragraph in the following edition:

"

where

to = 1,1

-

in case of the order of annual capacity (for the period before completion of complete calendar year of consumption of natural gas) the new Consumer who is not household, and/or for needs of new object of the consumer;

";

in paragraph four to replace figure "2" with figures and the sign "1,5";

to add Item 6.6 after the paragraph of the fourth with the new paragraph the fifth such content:

"In case of overpayment the amount of overpayment is credited in payment for for the next settlement period or returns to the current account of the consumer according to its written requirement in time which is not exceeding 10 working days from the date of receipt of the written requirement.".

With respect thereto the fifth to consider the paragraph the paragraph the sixth;

In paragraph one of Item 12.5 of the Section XII of the word "twenty working days" shall be replaced with words 2) "twenty one days";

Shall be replaced with words 3) in line 4 of the table "The Personified Data of the Consumer on the Agreement:" of appendix 2 to the Standard agreement of distribution of natural gas of the word "gas year for the period before completion of the first complete gas year of consumption of natural gas" "and the second calendar year taking into account requirements of the Code of gas-distribution systems".

3. This resolution becomes effective from the date of, its promulgation following behind day on the official website of the National commission performing state regulation in spheres of power and utilities.

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of July 29, 2020 No. 1469

Changes in the Code of gas-distribution systems

1. In the paragraph the twelfth item 4 of Chapter 1 of the Section I of the word and the signs "physical delivery of the natural gas belonging to the consumer and/or the round-the-clock access of object of the consumer to gas-distribution system is provided" shall be replaced with words "the operator of gas-distribution system provides the round-the-clock access of object of the consumer to gas-distribution system for possibility of distribution of natural gas".

2. In the Section VI:

The paragraph the fourth Item 1 of Chapter 3 to add 1) with the offer of the following content:

"In case of availability at the residential customer of several objects separate agreements of distribution of natural gas on these objects are signed with different postal addresses.";

2) in Chapter 6:

third Item 1 to exclude the paragraph;

in Item 2:

the paragraph one after the words "The Annual Ordered Capacity" to add with signs and words "(by default)";

after paragraph one to add with new paragraphs second and third such content:

"The size of size of the annual ordered capacity for the consumer who is not household is determined by the Operator of GRS proceeding from the available objects specified in the statement accession which is appendix to the agreement of distribution of natural gas.

In the presence of the violations by the residential customer determined by Chapter 2 of the Section XI of this Code except Item 3 of Chapter 2 of the Section XI of this Code, calculation of the annual ordered capacity (by default) of object (objects) of the consumer for the period of such violation join amounts at the level of planned amounts of consumption which are calculated proceeding from group of consumption of the residential customer according to appendix 1 to this Code.".

With respect thereto paragraphs two - to consider the tenth respectively paragraphs the fourth - the twelfth;

the eighth and ninth to replace paragraphs with three new paragraphs the eighth - the eleventh the following content:

"The operator of GRS shall till October 12 annually following the results of gas year inform the consumer on the actual amount of consumption of natural gas all objects of the consumer for the previous gas year and at the same time report that the specified gas consumption amount by default of the consumer will be determined as the extent of the annual ordered capacity of the consumer the next calendar year. In such message Operator of GRS at the same time shall specify: the size of the annual ordered capacity the current calendar year; the size of capacity which is calculated for monthly payment by the consumer current calendar year; the size of capacity which is calculated for monthly payment by the consumer next calendar year; meter readings of natural gas / other data according to which the extent of the annual ordered capacity (by default) the next calendar year was created (as of September 30 of the current year) (for residential customers).

Such information is provided to the consumer by placement it in payment documents (for residential customers), personal accounts of the consumer (in the presence), delivery-acceptance certificates of natural gas (for consumers who are not household).

The consumer who is not household has the right no later than till October 20 of the calendar year previous settlement (except the order of capacity for 2020 which is performed till November 01) to submit the Operator of GRM the specified application for size of the annual ordered capacity totally on all its objects with breakdown on each object in gas-distributing zone of the relevant Operator of GRM for settlement calendar year. In that case, if the actual amount of capacity utilization (within calendar year) exceeds the annual capacity ordered by the consumer totally on all its objects, the size of exceeding shall be paid by the consumer at the polutorakratny cost of rate for distribution of natural gas for benefit of the Operator of GRS according to the agreement of distribution of natural gas.".

With respect thereto the tenth - the twelfth to consider paragraphs respectively paragraphs the eleventh - the thirteenth;

the twelfth after the words "the annual ordered capacity" to add the paragraph with signs and words "(by default)";

state Item 3 in the following edition:

"3. In case of implementation by the consumer who is not household of the order of annual capacity according to the paragraph to the tenth Item 2 and to the paragraph to the second Item 5 of this Chapter the consumer who is not household, has the right once from July 10 to September 15 settlement calendar year to submit the Operator of GRM the application for refining (increase/reduction) of size of the ordered annual capacity totally on all its objects in gas-distributing zone of the relevant Operator of GRM the current calendar year.

In that case the Operator of GRM performs recalculation of monthly cost of service of distribution of natural gas according to Item 1 of this Chapter for all calendar year.

Applications for the adjustments submitted before/after fixed term are considered and considered as the Operator of GRM served the consumer.

In case of reduction of size of the ordered annual capacity the overpayment which was formed as a result of recalculation of cost of services in distribution of natural gas from the beginning of the current calendar year about one month in which refining of size of the ordered annual capacity is made (inclusive) taking into account rates for distribution of natural gas of the corresponding periods is set off by the Operator of GRM on account of future payments of the consumer who is not household, or according to the written requirement of this consumer within 10 working days from the date of receipt of the requirement money returns to the consumer. Recalculation of cost of service in distribution of natural gas from the beginning of the current calendar year about one month in which refining (reduction) of size of the ordered annual capacity is performed is reflected in the charge period for services of distribution of natural gas of the current calendar month.

The specified reduced ordered size of annual capacity cannot be less actual amount of distribution of natural gas within accounting calendar year as of 01 dates in which there is refining.

In case of increase in size of the ordered annual capacity the difference of cost of service of distribution of natural gas which was formed as a result of recalculation of cost of such service from the beginning of the current calendar year about one month in which refining of size of the ordered annual capacity is made (inclusive) is paid by the consumer who is not household, on rates for distribution of natural gas of the corresponding periods within 10 working days from the date of exposure of GRM of the account by the Operator and joins in charges for services of distribution of natural gas of the current calendar month.

The cost of excess of the ordered annual capacity by the consumer who is not household is not recalculated by the Operator of GRM to the consumer after adjustment of the ordered capacity. At the same time the size of exceeding of the ordered capacity is not considered by the Operator of GRM when accounting of the practical used capacity within year.";

in item 4:

the paragraph one after the words "it is determined by the Operator of GRM" to add with the words "by default";

after the paragraph of the fourth to add with the new paragraph the fifth such content:

"In case when the new residential customer signed the agreement of distribution of natural gas based on right to use on gas consumption object, the size of the annual ordered capacity is determined at the level of the annual ordered capacity (by default) on this object determined for the previous consumer (in the presence previous gas year).".

With respect thereto the fifth to consider the paragraph the paragraph the sixth;

in paragraph six of the word "last nine months" shall be replaced with words also in figure "the last first nine months of consumption taking into account requirements of Item 1 of this Chapter";

add with the new paragraph of such content:

"In the absence of complete gas year of consumption by the new residential customer and/or his object (in case of the conclusion of the agreement of distribution of natural gas during the period October - December) the annual ordered capacity (by default) for the third calendar year is calculated the Operator of GRM proceeding from the average monthly actual consumption increased on 12.";

state Item 5 in the following edition:

"5. For the new consumer who is not household and/or its object the annual ordered capacity of the consumer (its object) is determined by the consumer by its statement, but there are at least amounts determined by the paragraph the fourth item 4 of this Chapter.

The annual ordered capacity of the new consumer who is not household and/or its object is determined by its statement which determines the annual ordered capacity separately on first (current) and second (following) calendar years. At the same time such consumer has the right to once submit to the Operator of GRM the application for change of size of the annual ordered capacity for the second (next) calendar year from October 01 to October 20 the year preceding the next calendar year.

In the absence of complete gas year of consumption by the new consumer which is not household, and/or its object the annual ordered capacity (by default) for the third calendar year (in case of the conclusion of the agreement of distribution of natural gas during the period October - December) is calculated the Operator of GRS proceeding from the average monthly actual consumption increased on 12.

For the new consumer who is not household and/or its object if the actual amount of capacity utilization (within calendar year) will exceed the annual capacity ordered by the consumer (including changed according to the paragraph to the second this Item), before completion of complete calendar year the size of exceeding shall be paid by the consumer with 1,1 coefficient to rate for distribution of natural gas for benefit of the Operator of GRM according to the agreement of distribution of natural gas.

Calculations for the new consumer who is not household and/or its object are performed proceeding from the size of the ordered capacity of object (objects) of the consumer until the end of calendar year and paid by the consumer uniform shares. The monthly cost of service of distribution of natural gas is determined by multiplication of rate for distribution of natural gas by ratio of the ordered capacity of object (objects) of the consumer to the number of months which remained until the end of calendar year, taking into account month in which the order of capacity is performed.

If on the object connected in accordance with the established procedure to gas-distribution system the contract of distribution of natural gas with the new consumer which is not household is signed, the ordered capacity on object of such consumer can be determined by its statement proceeding from the extent of the ordered capacity of the previous consumer. In that case the annual ordered capacity is considered ordered by default.

In case of accession of new object of the consumer which is not household (on condition of availability of other objects with the operation period at least one complete gas year) the size of the annual ordered capacity and the actual use of such capacity are determined by this object of the consumer separately. On other objects of the consumer the size of the annual ordered capacity and the actual use of such capacity are determined totally by all objects.";

in Item 7:

the paragraph one after the words "on terms of the contract of distribution of natural gas" to add with the words "from the moment of its conclusion";

after paragraph one to add with the new paragraph the second the following content:

"The consumer who is not household pays the cost of the ordered annual capacity proceeding from the available objects specified in the statement accession which is appendix to the agreement of distribution of natural gas.".

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

the fifth Item 8 to exclude the paragraph;

after Item 8 to add with new Item 9 of the following content:

"9. The termination or restriction of distribution (consumption) of natural gas does not exempt the consumer from obligation of payment of cost of services in the agreement of distribution of natural gas, except case of termination of this agreement or modification of the statement accession which is appendix to the agreement of distribution of natural gas, and withdrawals of object of the consumer. In these cases the Operator of GRM adjusts data of technical capacity and free capacity for ensuring new accessions (capacity reserve) on the corresponding GRM according to requirements of the Section VII of this Code.

In case of agreement cancelation of distribution of natural gas or withdrawal of object of the consumer from the statement accession payment of cost of service in the agreement of distribution of natural gas is performed by the consumer taking into account complete calendar month in which there was agreement cancelation or object is removed from the statement accession.

If for date of agreement cancelation of distribution of natural gas or withdrawal of object of the consumer from the statement accession to terms of the contract of distribution of natural gas the actual amount of consumption it is total on all objects of this consumer or object which was withdrawn from the statement accession to terms of the contract of distribution of natural gas, will exceed the ordered capacity of the current calendar year paid annual taking into account month in which will terminate the agreement or object is removed from the statement accession, the consumer shall in ten-day time from the date of drawing of the account pay to the Operator of GRM difference between the cost of actually used capacity and cost of the paid annual ordered capacity. At the same time in the presence of two and more objects of the consumer the size of the paid cost of annual capacity is determined by object in proportion to the extent of the annual ordered capacity of such object to the general extent of the annual ordered capacity of this consumer.".

With respect thereto to consider Item 9 Item 10;

Paragraph two of item 4 of Chapter 7 to state 3) in the following edition:

"In case of the termination (recovery) of distribution of natural gas to object of the consumer the statement in duplicate is drawn up, one of which remains at the consumer. In case of creation of the act of the termination of distribution of natural gas the Operator of GRM specifies in it about the effects of unauthorized recovery of gas consumption provided by this Code and also surely fixes the actual meter readings of gas for date of the termination of gas supply (distribution of natural gas), except as specified refusal in access to the consumer's object where the counter of gas (FTA) is located.".

3. In Chapter 8 of the Section X:

Signs, words and figures", on condition of availability of the corresponding costs in structure of rate for services of distribution of natural gas and/or the development plan for gas-distribution system the next 10 years," to exclude 1) in the subitem 3 of item 4;

Signs, words and figures", on condition of availability of the corresponding costs in structure of rate for services of distribution of natural gas and/or the development plan for gas-distribution system the next 10 years," to exclude 2) in the subitem 3 of Item 5.

4. In Chapter 5 of the Section XI:

The paragraph the fifth item 4 to add 1) with the words "within five working days from the date of creation of such act";

Paragraph one of Item 8 to add 2) with the offer of the following content:

"Commission session on consideration of the act of violation shall be held by the Operator of GRM no later than two-month term from the date of creation of the act of violation (except case of expectation of results of expertize of the FTA which is carried out by subjects of judicial and expert activities which activities are regulated by the Law of Ukraine "About judicial examination")".

 

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