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ORDER OF THE DEPARTMENT OF ENERGY OF UKRAINE

of April 13, 2022 No. 148

About settlement on delivery of electrical energy to consumers and calculations between participants of the retail market of electrical energy during action in Ukraine of warlike situation

According to the laws of Ukraine "About mobilization preparation and mobilization", "About the market of electrical energy", Presidential decrees of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine", of March 14, 2022 No. 133 "About prolongation of effective period of warlike situation in Ukraine", for the purpose of safety of delivery of electrical energy to consumers I order to No. 64:

1. Approve Regulations on features of delivery of electrical energy to consumers and calculations between participants of the retail market of electrical energy during action in Ukraine of warlike situation which is applied.

2. To provide to management of electrical power complex and market development of electrical energy in the procedure established by the legislation submission of this order on state registration in the Ministry of Justice of Ukraine.

3. To impose control of execution of this order on the First Deputy Minister Vlasenko Yury.

4. This order becomes effective from the date of its official publication and is effective during the period of action of warlike situation in Ukraine and thirty days after the termination or cancellation of such provision.

Approved by the Order of the Department of Energy of Ukraine of April 13, 2022 No. 148

Regulations on features of delivery of electrical energy to consumers and calculations between participants of the retail market of electrical energy during action in Ukraine of warlike situation

1. Participants of the retail market of electrical energy are guided by requirements of the Law of Ukraine "About the market of electrical energy" and other regulatory legal acts, taking into account this provision, for ensuring stable work of the market of electrical energy in the conditions of warlike situation.

2. To consumers delivery of electrical energy on the terms of universal service, taking into account this provision, in case of the termination of delivery of electrical energy by the previous supplier in the market of electrical energy owing to assignment is guaranteed to the supplier the status "Default" or suspensions of action of its license for delivery of electrical energy to the consumer.

3. Transfer into the supplier of universal services (further - PUU) is performed by the operator of system of distribution/transfer (further - the operator of system) by change of entries in own register of points of commercial accounting with the corresponding duplication of information in the centralized register of points of commercial accounting of the administrator of commercial accounting.

The operator of system notifies PUU on change of entries in registers of points of commercial accounting within a day from the moment of these changes. The statement from the centralized register of points of commercial accounting of the data necessary for implementation of commercial settlings with the consumer of electrical energy is attached to the notification.

The operator of system informs the consumer on change of the supplier of electrical energy within 5 working days from the date of change of entries in registers of points of commercial accounting.

4. PUU shall perform delivery of electrical energy to the consumer of electrical energy according to Item 2 this provision (irrespective of the size of contractual capacity of its electroinstallations) from the date of, the termination of delivery by the previous supplier following behind day.

Delivery of electrical energy to such consumers is performed by PUU at the price of universal service for small not residential customers, and the consumed amounts of electrical energy join in amount of the electrical energy consumed by consumers of universal service - small not residential customers.

The consumer and PUU shall draw up contractual relations within 10 working days from the date of change of entries in registers of points of commercial accounting or by accession to the public agreement which affirms NKREKP.

5. Within the territory of licensed activities of one PUU activities implementation is not allowed by other PUU.

6. On representation of the operator of system the status of Preddefoltnoye and "Default" for electrosuppliers (except PUU or the supplier of the last hope) in case of failure to pay the services of the operator of system rendered during action of warlike situation to the 15th following for settlement taking into account the resolution of the National commission performing state regulation in spheres of power and utilities of February 25, 2022 No. 332 "About ensuring stable functioning of the market of electrical energy, including financial condition of participants of the market of electrical energy is established during the special period" (with changes).

In case of acquisition by the electrosupplier determined by paragraph one of this Item, the status "predefault" or "default" and in case of accomplishment of obligations according to which such electrosupplier acquired the status "predefault" or "default" the operator of system shall inform the administrator of calculations concerning accomplishment by the electrosupplier of such obligations.

7. Consumers according to Item 2 this provision in case of absence of debt before PUU have the right to replace PUU with other supplier of electrical energy according to the procedure provided by Chapter 6.1 of the Section VI of the Rules of the retail market of electrical energy approved by the resolution of the National commission performing state regulation in spheres of power and utilities of March 14, 2018 No. 312 (further - Rules of the retail market of electrical energy).

The supplier of "the last hope" during action of warlike situation and within 30 days after its termination or cancellation (except case of change of supplier at the initiative of the consumer according to the procedure of Chapter 6.1 of the Section VI of Rules of the retail market of electrical energy) performs delivery of electrical energy to those consumers who have no electrosupplier including whom as of March 04, 2022 delivery of electrical energy was performed by the supplier of "the last hope".

8. Shutdown of certain categories of consumers is performed taking into account the following features:

1) objects which are in the territory (area, the area, the integrated territorial community), on which fighting is conducted, or temporarily occupied territories of Ukraine shall be disconnected by the operator of system according to the address of the consumer and/or the relevant military authorities in the administrative territory of arrangement of object of the consumer in case of risks of use of such object by the state aggressor.

Operators of system are allowed to refuse reasonably to the electrosupplier, the consumer and the relevant military authorities implementation of works on the termination of electric utility service in case of lack of safety of accomplishment of such works;

2) shutdown of the consumer without approval by the relevant military authorities in the administrative territory of arrangement of object of the consumer is forbidden to the participant of the retail market of electrical energy if object of the consumer ensures functioning:

public authorities (Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, central executive bodies, judicial bodies);

military authorities and local government bodies;

military units and the territorial centers of completing and social support (including the objects used for territorial community in the conditions of warlike situation);

telecommunications and communication;

healthcare institutions of the state or utility pattern of ownership;

GSChS objects;

the objects providing warm, gazo-, electro-and water supply;

organizations and judicial authorities;

law enforcement agencies (law-enforcement bodies, bodies of prosecutor's office, SSU);

companies of air, water, road and rail transport;

other objects determined by the relevant military authorities, including performing mobilization tasks (orders) on creation, production, repair and delivery of arms, ammunition, military equipment, special components and also perform mobilization tasks (orders) on creation, production and delivery of material means, and also those which are used for provision of the vital services for the population are involved in the field of providing with food, medicines, consumer and household goods.

The participant of the retail market and the operator of system provide storage and information processing about such objects with observance of requirements of regulatory legal acts for information security with limited access.

9. Amounts of consumption of electrical energy are determined taking into account the following features:

1) amounts of consumption of electrical energy on objects of consumers are determined according to requirements of the Code of the commercial accounting of electrical energy approved by the resolution of the National commission performing state regulation in spheres of power and utilities of March 14, 2018 No. 311 (in edition of the resolution of the National commission performing state regulation in spheres of power and utilities of March 20, 2020 No. 716) (further - the Code of commercial accounting of electrical energy), except objects of the consumers located in the territories in which fighting, or in temporarily occupied territories is conducted;

2) amounts of consumption of electrical energy in the territories in which fighting is conducted or in temporarily occupied territories are determined:

taking into account the actual meter readings (ов) in case of receipt of such indications by remote data transmission (ASKUE) or the transferred consumer or personnel of the operator of system or the service provider of commercial accounting (SPCA), or the supplier of electrical energy (for the population);

are accepted equal to zero for the period (ы) lack of electric utility service lasting more than 24 hours in settlement period for consumers whose objects are powered from certain node / area / area of power networks of the operator of system, from whom there was no leave of electrical energy to consumers;

are accepted equal to zero - from the date of damage/destruction of electroinstallation of the consumer to condition, unsuitable for consumption, according to the confirmed operator of system or Gosenergonadzor by the statement of the consumer;

according to the procedure, established by the Code of commercial accounting of electrical energy, for each category of consumers (household, small not household, other not household) on their average daily to consumption in the same period of previous year using coefficient of surplus/decrease in the consumption of electrical energy calculated for the corresponding period and the territory of licensed activities of the operator of system performing distribution of electrical energy to the corresponding buyer.

The coefficient of surplus/decrease in consumption of electrical energy is calculated in relative units with an accuracy of four figures after comma as ratio of sizes of amount of leave of electrical energy to consumers in settlement month according to the actual data which are available for the operator of system as of the first of the calendar month following for settlement to the size of amount of leave of electrical energy to consumers in similar month of previous year in the corresponding node / area / area of power networks of the operator of system;

3) the operator of system taking into account the bases, the specified in paragraphs three and the fourth the subitem 2 presents of Item, shall count amounts of electrical energy based on the statement of the consumer from the date of the confirmed emergence of the bases.

After receipt of system by the operator or service provider of commercial accounting of electrical energy of documentary confirmed actual meter readings (ов), including after the termination or cancellation of warlike situation, monthly amounts of the consumed electrical energy by the consumer are determined by average daily amount of consumption which is calculated on the basis of the fixed two last consistently only a few meter readings (ов) and the number of days between these schityvaniye (without days when there were breaks in electric utility service of the consumer).

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