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ORDER OF THE DEPARTMENT OF ENERGY OF UKRAINE

of September 6, 2023 No. 269

About introduction of amendments to the order of the Ministry of Fuel and Energy of Ukraine of June 09, 2005 No. 255

According to the Law of Ukraine "About the market of electrical energy", to the Law of Ukraine "About mobilization preparation and mobilization", to presidential decrees of Ukraine of February 24, 2022 No. 64 "About introduction of warlike situation in Ukraine", to No. 2102-IX approved by the Law of Ukraine of February 24, 2022 "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine", of March 14, 2022 No. 133 "About prolongation of effective period of warlike situation in Ukraine", No. 2119-IX approved by the Law of Ukraine of March 15, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine", of April 18, 2022 No. 259 "About prolongation of effective period of warlike situation in Ukraine", No. 2212-IX approved by the Law of Ukraine of April 21, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine", of May 17, 2022 No. 341 "About prolongation of effective period of warlike situation in Ukraine", No. 2263-IX approved by the Law of Ukraine of May 22, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine", of August 12, 2022 No. 573 "About prolongation of effective period of warlike situation in Ukraine", No. 2500-IX approved by the Law of Ukraine of August 15, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine", of November 07, 2022 No. 757 "About prolongation of effective period of warlike situation in Ukraine", No. 2738-IX approved by the Law of Ukraine of November 16, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine", of February 06, 2023 No. 58 "About prolongation of effective period of warlike situation in Ukraine", No. 2915-IX approved by the Law of Ukraine of February 07, 2023 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine", of May 01, 2023 No. 264 "About prolongation of effective period of warlike situation in Ukraine", No. 3057-IX approved by the Law of Ukraine of May 02, 2023 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine", of July 26, 2023 No. 451 "About prolongation of effective period of warlike situation in Ukraine", No. 3275-IX approved by the Law of Ukraine of July 27, 2023 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine", Item 8 of the Regulations on the Department of Energy of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of June 17, 2020 507, for the purpose of reduction in compliance with requirements of the legislation of the regulatory legal act concerning investigation and accounting of technological violations on power generation facilities and in the integrated power system of Ukraine I ORDER to No.:

1. In preamble of the order of the Ministry of Fuel and Energy of Ukraine of June 9, 2005 No. 255 "About approval of the Instruction about investigation and accounting of technological violations on power generation facilities and in the integrated power system of Ukraine", the word "according to requirements of the Law of Ukraine " about power industry "" registered in the Ministry of Justice of Ukraine on October 07, 2005 at No. 1165/11445, shall be replaced with words also in figures "according to Articles 5, of 9, 16 and 20 Laws of Ukraine "About the market of electrical energy", the Regulations on the Department of Energy of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of June 17, 2020 No. 507".

2. Approve Changes in the Instruction about investigation and accounting of technological violations on power generation facilities and in the integrated power system of Ukraine approved by the order of the Ministry of Fuel and Energy of Ukraine of June 9, 2005 No. 255, of Ukraine registered in the Ministry of Justice on October 07, 2005 at No. 1165/11445 (in edition of the order of the Ministry of Fuel and Energy of Ukraine of December 29, 2008 No. 668) which are applied.

3. (Kirill NOVIKOV) to provide to management of electrical power complex and market development of electrical energy submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

4. This order becomes effective from the date of its official publication.

5. To impose control over the implementation of this order on the First Deputy Minister VLASENKO Yury.

Approved by the Order of the Department of Energy of Ukraine of September 6, 2023 No. 269

Changes in the Instruction about investigation and accounting of technological violations on power generation facilities and in the integrated power system of Ukraine

1. In heading to replace the word of "power industry" with the word "power engineering specialists".

2. The twentieth the Section I to state the paragraph in the following edition:

"Other terms are used in the values established in the Laws of Ukraine "About the market of electrical energy", "About lands of power and legal regime of special zones of energy objects", Rules about safety of the deliveries of electrical energy approved by the order of the Ministry of Fuel and Energy of Ukraine of August 27, 2018 No. 448, registered in the Ministry of Justice of Ukraine on September 19, 2018 at No. 1076/32528 (further - Rules about safety of deliveries of electrical energy), GKD 34.20.507-2003 "Technical operation of power plants and networks. Rules", the Ministry of Fuel and Energy of Ukraine approved by the order of June 13, 2003 No. 296 (in edition of the order of the Ministry of Fuel and Energy of Ukraine of June 21, 2019 No. 271) (further - GKD 34.20.507-2003), and in state standards of Ukraine".

3. In the Section II:

Item 2.1 to state 1) in the following edition:

"2.1. This Instruction establishes single procedure and requirements to investigation and accounting of technological violations on objects of power and in the integrated power system of Ukraine (further - OES of Ukraine) that is premises of ensuring accomplishment by electric power producers, the operator of system of transfer and operators of systems of distribution of requirements of Rules about safety of delivery of electrical energy, including regarding anticipatory measures which will be taken in cases of availability of risk of violation of safety of delivery of electrical energy, and accounting of technological violations is the constituting monitoring system of safety of delivery of electrical energy";

Item 2.2 to state 2) in the following edition:

"2.2. Action of this Instruction extends to the electrical power companies and objects of power";

Item 2.5 to state 3) in the following edition:

"2.5. The actions given in acts of investigation are subject to compulsory execution on power objects which are in the under control territory of Ukraine and are not in zone of conducting fighting, access to which is resolved service personnel of subjects of power industry according to the made decisions of authorized military (voyenno - civil), administrations";

4) in Item 2.6 of the word"," to exclude violations in work of nuclear power plants (further - the NPP);

Item 2.7 to state 5) in the following edition:

"2.7. Investigation of accidents is made according to the Procedure for investigation and accounting of accidents, occupational diseases and accidents on production approved by the resolution of the Cabinet of Ministers of Ukraine of April 17, 2019 No. 337 (further - the Procedure for investigation)";

6) in Item 2.9 of the word and figures "the approved order of the State committee of nuclear regulation of Ukraine of 01.12.2004 No. 184, registered in Ministry of Justice of Ukraine 17.12.2004 at No. 1594/10193 (NP 306.2.100-2004)" shall be replaced with words, signs and figures "the approved order of the State inspection of nuclear regulation of Ukraine of July 12, 2021 No. 411 "About approval of the Regulations on procedure for investigation and accounting of operational events in work of nuclear power plants", registered in the Ministry of Justice of Ukraine on September 08, 2021 at No. 1182/36804 (further - Regulations on procedure for investigation)";

Item 2.12 to state 7) in the following edition:

"2.12. By results of investigation of technological violations the management of the electrical power company or object of power issues the administrative document";

8) in Item 2.13 "power companies" shall be replaced with words the word "power objects", to replace words of "territorial subdivision of the relevant state inspectorate" with the word of Gosenergonadzor;

Item 2.16 to state 9) in the following edition:

"2.16. The breaks of power supply of consumers caused by violations in work of energy consumer equipment, and also the violations caused by non-compliance by consumers with the Regulations for electrical installation approved by the order of the Ministry of Energy and Coal Industry of July 21, 2017 No. 476, of User Rules for Operating Electrical Equipment, approved by the order of the Ministry of Fuel and Energy of Ukraine of July 25, 2006 No. 258, registered in the Ministry of Justice of Ukraine on October 25, 2006 at No. 1143/13017 (in edition of the order of the Ministry of Fuel and Energy of Ukraine of February 13, 2012 No. 91), 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 and GKD 34.20.507-2003, are classified and considered by consumers";

Item 2.17 to state 10) in the following edition:

"2.17. The state supervision (control) of observance of requirements of this Instruction is exercised by Gosenergonadzor";

11) to add the Section with new Item 2.18 of the following content:

"2.18. In the conditions of warlike situation fulfillment of requirements of the Instruction is performed taking into account the corresponding effects caused by military operations in the territory of Ukraine, need of performance of works on power objects by subjects of power industry according to the Code of civil protection of Ukraine and the Law of Ukraine "About antimine activities in Ukraine".

4. To state subitem 3.3.8 of Item 3.3 of the Section III in the following edition:

"3.3.8. Work of OES of Ukraine or its part with frequency is lower than 49,8 of Hz or with frequency above Hz 50,2 with duration determined in ПТЭЭСиМ".

5. To add Item 4.1 of the Section IV with the new paragraph of the following content:

"availability of force majeure circumstances (threat of war, armed conflict or serious threat of such conflict, including but not being limited to the enemy attacks, blockade, military embargo, actions of the foreign enemy, the general military mobilization, military operations declared and unsolemn war, actions of the public enemy, indignation, acts of terrorism, diversion, piracy, conflicts, invasions, blockade, revolution, mutiny, revolt, mass riots, expropriation, forced withdrawal, occupation of the companies, requisition, public demonstration, blockade, strike, accident, illegal actions of the third parties, the fire, explosion)".

6. In the Section V:

1) in Item 5.2:

the paragraph one to state in the following edition:

"5.2. Transfer of operational messages on technological violation to the dispatcher of NEK "Ukrenergo", the Ministry of Energy and Gosenergonadzor is performed by operation personnel of object of power on which there was technological violation, according to requirements of Regulations of operational messages on violations in work of the companies of the fuel and energy complex of Ukraine approved by the order of the Ministry of Fuel and Energy of Ukraine of December 21, 2012 No. 1054 (in edition of the order of the Department of Energy of Ukraine of February 03, 2023 No. 31)";

paragraphs two, the third and fourth to exclude;

exclude subitem 5.2.1 in this connection to consider subitems 5.2.2-5.2.4 subitems 5.2.1-5.2.3 respectively;

state subitem 5.2.2 in the following edition:

"5.2.2. The prior notice prepared by the relevant structural division of object of power and signed by the technical lead (chief engineer) is transferred by means of electronic communications to Gosenergonadzor within 24 hours after violation identification";

in subitem 5.2.3 of the word of "regional divisions of State inspection and regional territorial subdivisions" to replace with the word "to";

"To regional territorial subdivisions of Gosenergonadzor and the state Donbass company for start-up, adjustment, enhancement of technology and operation of power plants and networks (further - DDP "DONORGRES")" shall be replaced with words 2) in Item 5.3 of the word "Gosenergonadzor and to the state Donbass company for start-up, adjustment, enhancement of technology and operation of power plants and networks (further - GP "DONORGRES")";

Item 5.4 to state 3) in the following edition:

"5.4. The head of object of power (owner), besides, shall report immediately about the accident specified in subitems 1-3 of Item 131 of the Procedure for investigation according to requirements of Item 134 of the Procedure for investigation";

And figures "NP 306.2-100-2004" shall be replaced with words 4) in Item 5.5 of the word "Provision on procedure for investigation".

7. In the Section VI:

1) in Item 6.1:

word in paragraph one "power company" shall be replaced with words "power object";

in the paragraph the second shall be replaced with words the words "Ministry of Fuel and Energy, Administrative Documents of the Relevant State Inspectorates, NEK "Ukrenergo" or Power Company" "the Ministry of Energy, NEK "Ukrenergo" or the electrical power company";

Item 6.2 to state 2) in the following edition:

"6.2. Investigation of the fires and their effects on objects of the companies, organizations and organizations, and also other objects of state-owned property relating to the sphere of management of the Ministry of Energy is conducted according to the Accounting treatment for the fires and their effects approved by the resolution of the Cabinet of Ministers of Ukraine of December 26, 2003 No. 2030 (in edition of the resolution of the Cabinet of Ministers of Ukraine of April 07, 2023 No. 313)";

In paragraph three of subitem 6.3.7 of Item 6.3 of the word of "the relevant State inspectorates" to replace 3) with the word of Gosenergonadzor;

4) in Item 6.4:

in the paragraph the second words" (further - JSC LVOVORGRES) and DDP "DONORGRES" shall be replaced with words" (further - ChAO "LVOVORGRES") and "DP "DONORGRES";

word in paragraph five of "The state inspections" to replace with the word of Gosenergonadzor;

word in paragraph six "DDP "Donorgress" shall be replaced with words "DP "DONORGRESS";

"The relevant State inspectorates" to replace 5) in Item 6.5 of the word with the word Gosenergonadzor;

6) in Item 6.7:

word in paragraph three "the relevant State inspectorates" to replace with the word Gosenergonadzor;

to exclude paragraphs of the fourth, fifth and sixth in this connection paragraphs the seventh, eighth and ninth to consider paragraphs the fourth, fifth and sixth respectively;

word in paragraph five "authorized central executive body" to replace with the word of Ministry of Energy;

Shall be replaced with words 7) in Item 6.12 of the word "it is dispatched to the relevant state inspectorates" "goes to Gosenergonadzor";

8) in Item 6.13:

in paragraph one "power company" shall be replaced with words the word "power object", shall be replaced with words the word of "power company" "the electrical power company";

state paragraph two in the following edition:

"The electrical power company after the end of investigation sends acts of investigation of Gosenergonadzor to ten-day time and CIAO "LVOVORGRES";

paragraphs the third, fourth and fifth to exclude;

9) in Item 6.14:

word in paragraph one "the power company to the power company. The power companies and the power companies which are not part of the power company send them to ten-day time after the end of investigation" shall be replaced with words "power object in the electrical power company. The electrical power company sends them to ten-day time after the end of investigation of Gosenergonadzor and CIAO "LVOVORGRES";

paragraphs two and third to exclude;

"E-mail (fax)" shall be replaced with words 10) in Item 6.15 of the word "means of electronic communications", to exclude words of "regional divisions of State inspection and regional territorial subdivisions";

11) in Item 6.16:

the paragraph one after the words "are sent to" add with words and signs "The Ministry of Energy, Gosenergonadzor and GP "DONORGRES";

paragraphs two, the third and fourth to exclude;

"The relevant State inspectorates" to replace 12) in Item 6.17 of the word with the word Gosenergonadzor and after the word "representation" to add with the word of Gosenergonadzor;

13) in Item 6.18:

word in paragraph one "the relevant state inspectorates in such procedure" to replace with the word Gosenergonadzor;

paragraphs two and third to exclude in this connection the fourth to consider the paragraph the paragraph the second.

8. In the Section VII:

1) in Item 7.1 of the word and figures "recommendations about creation of the act of investigation of technological violations (6)" shall be replaced with words appendix also in figures "appendix 5 to this Instruction";

Item 7.3 to exclude 2) in this connection to consider Items 7.4 and 7.5 Items 7.3 and 7.4 respectively.

9. In the Section VIII:

To exclude 1) in Item 8.1 of the word of "violations in work of the NPP" and the word of "power company" shall be replaced with words "power objects";

2) in Item 8.2:

in the paragraph the second shall be replaced with words the words "According to the Solution of Management of the Power Company These Violations Concern One of the Power Companies" "According to the solution of management of the electrical power company these violations can be referred to one of power objects";

word in paragraph three of "the state inspections to one of the power companies" shall be replaced with words "Gosenergonadzor to one of the electrical power companies";

In paragraph four of Item 8.3 of the word "The state inspectorate for operation of stations and networks" to replace 3) with the word Gosenergonadzor;

4) in Item 8.6:

in the paragraph the second "the relevant state inspectorates and JSC LVOVORGRES shall be replaced with words words "Gosenergonadzor and CIAO "LVOVORGRES";

word in paragraph four "regional territorial subdivisions of Gosenergonadzor and DDP "Donorgress" shall be replaced with words "Gosenergonadzor and GP "DONORGRESS";

5) in subitem 8.8.2 of Item 8.8:

word in paragraph one "the power companies and the power companies" shall be replaced with words "the electrical power companies and objects of power" and "the relevant state inspectorates, regional divisions of State inspection and regional territorial subdivisions of Gosenergonadzor and JSC LVOVORGRES shall be replaced with words words "Gosenergonadzor and CIAO "LVOVORGRES";

in the paragraph the second "regional territorial subdivisions of Gosenergonadzor and DDP "Donorgress" shall be replaced with words words "Gosenergonadzor and GP "DONORGRESS";

6) in Item 8.14:

in paragraph one of the word "Ministry of Fuel and Energy to the Relevant State Inspectorates" shall be replaced with words "the Ministry of Energy, Gosenergonadzor";

in the paragraph the second of "Ministry of Fuel and Energy, Gosenergonadzor, cross-industry coordination council concerning construction of VES and DDP "DONORGRES"" shall be replaced with words words "The Ministry of Energy, Gosenergonadzor and GP "DONORGRES";

"The power company (power company) to regional territorial subdivisions of Gosenergonadzor" shall be replaced with words 7) in Item 8.16 of the word "the electrical power company, power object to Gosenergonadzor";

8) in Item 8.17 of the word "the power companies (power companies)" shall be replaced with words "the electrical power companies, power objects", shall be replaced with words the words "state inspections" "Gosenergonadzor informs the Ministry of Energy and" and the word is "performed" to replace with the word "performs".

10. In Item 10.9 of the Section X of the word of "the power supplying company" shall be replaced with words "the operator of system of distribution" and the word of "the power supplying company (power company)" shall be replaced with words "the operator of system of distribution".

11. To exclude appendix 2 to this Instruction in this connection to consider appendices 3-10 appendices 2-9 respectively.

12. In Item 2 of appendix 8 to this Instruction of the word "to the state inspections and their regional divisions shall be replaced with words JSC LVOVORGRES "Gosenergonadzor, CIAO "LVOVORGRES".

13. In the text of the Instruction and appendices to it:

the word "power company" in all cases and numbers shall be replaced with words "the electrical power companies" in the corresponding cases and numbers;

words "power generation facility" in all cases and numbers shall be replaced with words "power object" in the corresponding cases and numbers;

the word "power company" in all cases and numbers shall be replaced with words "power object" in the corresponding cases and numbers.

 

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