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It is registered

in the Ministry of Justice

Kyrgyz Republic

On July 7, 2008 No. 68-08

ORDER OF THE MINISTRY OF INDUSTRY, ENERGY AND FUEL RESOURCES OF THE KYRGYZ REPUBLIC

of May 28, 2008 No. 74

About streamlining of delivery, use and accounting of natural gas in the Kyrgyz Republic

According to Item 6 of the Section III of the Provisions on the Industry ministry, power engineering specialists and fuel resources of the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of March 26, 2007 No. 86 "Questions of the Ministry of Industry, Energy and Fuel Resources of the Kyrgyz Republic" (further - the Ministry of Industry and Energy), and also for the purpose of single approach to questions of delivery, use and accounting of natural gas in the Kyrgyz Republic I order:

1. Approve:

1.1. The enclosed Rules of delivery and use of natural gas in the Kyrgyz Republic and Rules of accounting of natural gas in the Kyrgyz Republic.

1.2. The enclosed regulations of consumption of natural gas the population on heating, food preparation and hot water supply in case of neediness of consumers of household appliances of accounting of gas by the gas supplying organization.

2. To management of fuel and energy complex of the Ministry of Industry, Energy and Fuel Resources of the Kyrgyz Republic:

- together with the State inspectorate for power and gas under the Ministry of Industry and Energy (further - State power inspection) to direct this order to state registration in the Ministry of Justice of the Kyrgyz Republic and after registration to prepare and approve with the interested ministries the draft of the order of the Government of the Kyrgyz Republic about recognition No. 238 which voided the order of the Government of the Kyrgyz Republic of May 23, 1996 "About streamlining of consumption of natural gas the population of the Kyrgyz Republic" and to bring in the Government of the Kyrgyz Republic in the procedure established by the legislation;

- together with State Department on regulation of fuel and energy complex under the Ministry of Industry and Energy to prepare the draft of the resolution of Executive Council of State Department on cancellation of the Contract for supply of the residential customer with natural gas approved by the resolution of Executive Council of the National agency of the Kyrgyz Republic on the antimonopoly policy and development of the competition No. 141-P of November 30, 2006 and to submit for approval to members of Executive Council of State Department;

- bring this order to all interested ministries and departments;

- notify the Ministry of Justice of the Kyrgyz Republic on source of official publication.

3. This order becomes effective after state registration in the Ministry of Justice of the Kyrgyz Republic and not earlier than fifteen days from the moment of official publication in mass media.

4. To impose control of execution of this order on the deputy minister Tyumenbayev A. R.

 

Minister S. Balkibekov

Approved by the order of the Ministry of Industry, Energy and Fuel Resources of the Kyrgyz Republic of May 28, 2008 No. 74

Regulations of consumption of natural gas the population on heating, food preparation and hot water supply in case of neediness of consumers of gas meters of the gas supplying organization

+--------------------------------------------------------------------+
¦      Условия газопотребления.     ¦Ед. измерения¦ Норма потребления¦
¦ Тип газоиспользующего оборудования¦             ¦   газа, куб.м в  ¦
¦            и назначение           ¦             ¦      месяц       ¦
+-----------------------------------+-------------+------------------¦
¦1. Бытовая газовая плита для       ¦1 человек    ¦        10,0      ¦
¦приготовления пищи в домах с       ¦             ¦                  ¦
¦центральным горячим водоснабжением ¦             ¦                  ¦
+-----------------------------------+-------------+------------------¦
¦2. Бытовая газовая плита для       ¦1 человек    ¦        14,0      ¦
¦приготовления пищи в домах без     ¦             ¦                  ¦
¦центрального горячего водоснабжения¦             ¦                  ¦
+-----------------------------------+-------------+------------------¦
¦3. Газовый водонагреватель для     ¦1 человек    ¦        11,0      ¦
¦горячего водоснабжения в домах без ¦             ¦                  ¦
¦центрального горячего водоснабжения¦             ¦                  ¦
¦или с периодически действующим     ¦             ¦                  ¦
¦горячим водоснабжением             ¦             ¦                  ¦
+-----------------------------------+-------------+------------------¦
¦4. Пользование газом при           ¦1 куб.м      ¦         8,0      ¦
¦индивидуальном отоплении домов,    ¦             ¦                  ¦
¦квартир независимо от вида         ¦             ¦                  ¦
¦отопительного газового прибора     ¦             ¦                  ¦
¦равномерно в течение календарного  ¦             ¦                  ¦
¦года из расчета 6-ти месячного     ¦             ¦                  ¦
¦отопительного сезона               ¦             ¦                  ¦
¦(с 15 октября по 15 апреля)        ¦             ¦                  ¦
+-----------------------------------+-------------+------------------¦
¦5. Приготовление кормов для        ¦На одно      ¦                  ¦
¦животных с учетом запаривания      ¦животное     ¦                  ¦
¦грубых кормов и корне-             ¦1 лошадь     ¦         5,6      ¦
¦клубнеплодов, а также подогрева    ¦1 корова     ¦        23,7      ¦
¦воды для питья и санитарных целей  ¦1 свинья     ¦        12,5      ¦
¦                                   ¦1 овца (коза)¦         2,2      ¦
+--------------------------------------------------------------------+

 

It is registered

in the Ministry of Justice

Kyrgyz Republic

On July 7, 2008 No. 68-08

Approved by the order of the Ministry of Industry, Energy and Fuel Resources of the Kyrgyz Republic of May 28, 2008 No. 74

Rules of delivery and use of natural gas in the Kyrgyz Republic

1. Scope

1.1. These rules of delivery and use of natural gas in the Kyrgyz Republic (further in the text - Rules) are developed according to the Laws of the Kyrgyz Republic "About power", "About energy saving", "About licensing", "About consumer protection", the Civil code of the Kyrgyz Republic and determine relations of consumers of natural gas (further by the text - the Consumer) with the gas, gas transmission and gas-distributing organizations (further in the text - the Supplier).

These rules act on all territory of the Kyrgyz Republic and are obligatory for the companies on: to production, storage, production, delivery, transfer (transportation), distribution, sale and use of natural gas (further in the text - gas); and also to gas supply designing; to installation of the gas-using equipment and gas metering stations; regime and adjustment and to balancing and commissioning of the gas-using equipment; for individual entrepreneurs, physical persons and legal entities, irrespective of legal form and pattern of ownership.

Rules establish requirements for ensuring rational and effective use of gas in case of its conversion, storage, delivery, transfer (transportation), distribution, sale.

 2. Terms, determinations and reducings

In the text of Rules the following terms with the corresponding determinations are applied.

The residential customer of gas (the population - the subscriber) - the Consumer attached to network of gas supply of the Supplier and using gas on domestic needs (food preparation, hot water supply, heating of rooms).

Gas-use armor - the minimum amount of the used gas necessary for accident-free, on condition of the maximum use of reserve types of fuel, operation of processing equipment of Consumers, supply of gas by which cannot be stopped or reduced below certain limit. This limit is set by the Supplier on representation of the Consumer and terms of the contract.

The budget consumer - the Consumer financed from public funds.

Gas - combustible natural, oil (passing), got and collected by the gas and oil extracting organizations and developed by the gas and oil overworking plants.

The gas organization (Licensee) - the specialized organization which is engaged in activities for production (production), conversion, storage, transportation, sale of natural gas to Consumers and having the license granted by authorized state body on these types of activity.

The gas transmission organization (Licensee) - the specialized organization which is operating trunk gas pipelines and constructions on them, and performing activities for transportation of natural gas and having the license granted by authorized state body on this type of activity.

The gas-distributing (gas supplying) organization (Licensee) the specialized organization performing operation of gas-distribution system and which is engaged in activities for distribution, sale of natural gas and having the license granted by authorized state body on these types of activity.

Gas-transport system - the system of gas pipelines connecting the gas organization and the Consumer, including the trunk gas pipelines, gas pipeline branches, gas distribution networks which are at the gas transmission, gas-distributing organization or the Consumer in property or on other legal causes.

The gas-using equipment - the complex of devices using natural gas for technological and production needs.

The gas equipment - the gas stove, water heater, copper, torch, applied by the population (residential customer) to heating, hot water supply, food preparation.

Border of balance sheet accessory of the gas pipeline (property border) - the line of the Section of the gas pipeline between the Supplier and the Consumer on the basis of property, lease which is drawn up by the act of differentiation of zones of servicing.

The limit of responsibility - is established between the Consumer and the Supplier on property border.

Receivables - the amount of the debts which are due to the organization, the company from individual entrepreneurs, legal entities and physical persons as a result of economic relations with them.

The agreement - the agreement of two or several persons on establishment, change or the termination of the rights and obligations.

Documents on standardization and metrology (DSM) - the documents existing in the territory of the Kyrgyz Republic which treat: the international (regional), national standards, including other countries, the rule, regulation and the recommendation in the field of standardization and metrology, standards of the organization.

Boiler room - the building or rooms with coppers, heatgenerators and the service processing equipment intended for receipt of heat energy in the form of water vapor, hot water for the purpose of heat supply or development of products.

The commercial consumer - the individual entrepreneur or the legal entity pursuing generation of profit as main objective of the activities: industrial enterprises, household objects (cafe, saunas, restaurants, tandoors, greenhouses, etc.).

The license - the legal document (permission) issued by authorized state body, granting the right to the licensee (physical person or legal entity) on implementation of certain type of activity.

The licensor - state body to which the Government of the Kyrgyz Republic delegates powers on issue of licenses for implementation of certain type of activity.

The licensee - the physical person or legal entity performing activities for production, transfer, distribution or sale of natural gas based on the license obtained on the corresponding type of activity according to the current legislation.

Metrological examination - the analysis and estimation of correctness of application of the metrological requirements, rules and regulations first of all connected with unity and accuracy of measurements.

Odorant - the substance with pungent characteristic smell added to gas for the purpose of timely detection of its leakage.

Final settlement - payment for the consumed gas after the settlement period determined by terms of the contract.

Gas supply shutdown - the termination of supply of gas by overlapping of the disconnecting device with installation of disk cap on the giving gas pipeline, their sealing or cutting of the gas pipeline with installation of cap. The termination of supply of gas is drawn up by the act.

Having rummaged in gas supply - gas interruption in supply to the Consumer more than 1 days.

Crossing point - the device established by the Supplier on the gas pipeline in case of temporary lack of the household appliance of accounting of gas and providing non-accounting supply of gas to the Consumer.

The acceptance for operation of gas-using oborudovaniyaprotsedur determining readiness of the gas-using equipment for operation, which is coming to the end with signing of the Act of the established sample.

The payment document - the payment order, the notice, the invoice for payment based on which financial calculations between agreement parties are made.

The consumer (the commercial, budget and residential customer) the physical person or legal entity which is receiving gas on the gas pipeline which is directly attached to the gas pipeline of the Supplier, using gas in fuel quality or raw materials and having with it the Delivery agreement of gas.

The supplier - the gas, gas transmission, gas-distributing organization providing delivery and sale of natural gas to the Consumer.

Checking of measuring instruments - set of the transactions which are carried out for the purpose of confirmation of conformity of the valid values of metrological characteristics of measuring instruments, to the established mandatory requirements DSM.

The advance payment - advance payment for gas and services in transfer (transportation) of gas, is determined by terms of the contract.

Gas metering devices - measuring instruments which perform one or several functions: measurement, accumulating, storage, display of information on expense (amount), temperature, pressure of gas and operating time of devices, including and household appliances of accounting of gas (gas meter).

Commissioning - the complex of works including preparation for start-up and launch of the gas-using equipment with communications and armature, bringing loading of the gas-using equipment to the approved level with the organization owner of the equipment and also adjustment of the fuel mode of the gas-using equipment.

Regime and adjustment works - the complex of works including adjustment of the gas-using equipment for the purpose of achievement of project (passport) amount of consumption of natural gas in the range of operational loads, adjustment of means of automatic control of processes of combustion of fuel, the service equipment.

The regime map - the document constituted based on regime and adjustment and balance sheet testing, containing the key operational and control parameters of work of torches and copper, efficiency value, specific fuel consumption with different productivity, the limiting parameter values controlled by automatic equipment of safety and regulation.

Reserve (emergency) fuel - fuel, held for use in case of restriction or interruption in supply of natural gas.

Settlement period - period of time for which the amount of the used gas is determined and settlement for the used gas between the Consumer and the Supplier is made. The settlement period approved by the Parties is specified in the Agreement.

Gas supply system - the system of gas pipelines which is connecting the Supplier and the Consumer, turning on the trunk and/or gas-distributing gas pipelines which are at the gas transmission, gas-distributing organization in property.

Average daily regulation of supply of gas - the scope of supply of gas determined by division of monthly scope of supply on the number of days of the corresponding month.

Certification - form of confirmation of conformity during which the certification body documentary certifies that products, processes (methods) of production, storage, transportation, realization, operation and utilization, work or service conform to the established requirements of technical regulations, provisions of standards or terms of the contract.

The certificate of conformity - the document certifying that the certified products, processes (methods) of production, storage, transportation, realization, operation and utilization, work or services conform to the established requirements of technical regulations, provisions of standards or terms of the contract.

The subconsumer - the physical person or legal entity which is directly attached to the gas pipeline of the main Consumer, having with the Supplier (approved with the main Consumer) the Delivery agreement of natural gas and border of balance sheet accessory of the gas pipeline.

Judicial examination - the legal proceeding consisting of carrying out researches and making the expert opinion on questions which permission requires special knowledge in the field of the equipment and which are delivered before the expert the court, body of inquiry, person making inquiry, the investigator or the prosecutor for the purpose of establishment of the circumstances which are subject to proof on specific case.

The fuel mode - the issued permission to use by the Consumer of any fuel as the main or reserve.

Gas transportation - movement and transfer of gas on gas-transport system.

The Specifications (S) - the document regulating amount of execution by the receiver of the technical requirements obligatory for connection to the gas pipeline.

Gas metering station - the set of measuring instruments and devices providing accounting of amount of gas, and also control and registration of its parameters.

Force majeur circumstances - the events caused by the circumstances extraordinary and insuperable in this situation which are not allowing to provide proper accomplishment by the Supplier or Consumer of the agreement obligations, including (but it is not exclusive) the fire, flood, earthquake, etc. natural disasters, military operations.

In these rules the following reducings are applied:

DSM - documents on standardization and metrology;

GEI (State power inspection) - The state inspectorate for power and gas under the Ministry of Industry, Energy and Fuel Resources of the Kyrgyz Republic;

GTsSE - The state center of judicial examinations under the Ministry of Justice of the Kyrgyz Republic;

NISM (Kyrgyzstandart) - National institute of standards and metrology of the Kyrgyz Republic;

PBGH - Safety rules for gas economy;

PUPG - Rules of accounting of natural gas in the Kyrgyz Republic;

PPPG - Rules of delivery and use of natural gas in the Kyrgyz Republic;

Construction Norms and Regulations - construction regulations and rules;

The SI - gages;

SU - the narrowing devices;

IT - the measuring pipeline;

TU - specifications;

UUG - gas metering station.

3. General provisions

3.1. According to the Law of the Kyrgyz Republic "About licensing" subjects of business activity on production, transfer (transportation), distribution, sale of natural gas, irrespective of patterns of ownership, shall obtain the license for the corresponding type of activity in authorized state body.

The authorized state body exercises control of the licensed organization activity which transfer, distribute and sell gas to Consumers.

3.2. The decision on refusal in issue of licenses can be appealed judicially.

3.3. The licensee has no right to perform production, transfer (transportation), distribution, sale of natural gas without license for the corresponding type of activity granted by authorized state body.

3.4. In case of violation of licensed regulations of activities for production, transfer (transportation), distribution and sale of natural gas the licensor can suspend, revoke the license, change conditions of the license or show penalties according to the current legislation.

3.5. Suspension of action of the license or its response shall not lead to non-execution of contractual commitments of the Supplier in relation to Consumers to whom he reports (transports), distributes or sells gas.

3.6. Licensees suppliers and licensees transmitters (transporters) of gas shall notify other licensees with whom they consist in contractual relations and Consumers, about suspension of action or revocation of licenses.

3.7. For suspension of action or revocation of licenses, the authorized state body has the right to demand indemnification according to the procedure, established by the current legislation.

3.8. The decision on response or suspension of action of the license is accepted at meeting (Executive council, Board) of authorized state body and is issued in writing to the licensee.

4. Specifications on joining of Consumers to gas supply system, projects of gas supply

4.1. For accession to gas supply systems of the new, reconstructed, reorientated objects the customer (Consumer) shall order in bodies of architecture engineering and planning task (further - IPZ) on accession to gas supply system based on which, he orders development of the project documentation.

Together with the drawn-up specification on designing the customer transfers to future author of the IPZ project in which there shall be all basic data for designing (the act of the choice of the platform of construction, specifications (further - TU) on connection to gas supply system, materials of topogeodezichesky and engineering-geological researches).

4.2. In case of reconstruction, reshaping of the existing gas supply system objects without new accession to gas supply systems, the customer shall receive TU, issued by the Supplier based on which, the customer orders development of the project documentation.

Together with the drawn-up specification on designing the customer transfers to future author of the TU project, data on the existing building, about underground constructions, underground and elevated communications (schemes, plans, obmerochny drawings), data on their technical condition, materials of engineering and geodetic, engineering-geological researches (if necessary).

4.3. The application of bodies of architecture (customer) for receipt of TU submitted the Supplier shall contain the following data:

- name of physical person or legal entity;

- the name and location of object, (with appendix of the decision of local government body on withdrawal of the parcel of land, the master plan of arrangement of object);

- construction terms (reconstruction, reshaping) and commissioning of the facility;

- the plan of arrangement of the gas-using equipment with indication of technical characteristics (the maximum and minimum hour expenses of gas), passports of the gas-using equipment;

- the gas usage mode (round-the-clock, one - or two-shift);

- the planned gas-use amount.

4.4. The supplier, after receipt of the written request from the Consumer, issues in the 15-day time of TU or has the right to refuse to the Consumer it if it is caused by lack of technical capability of supply of gas or for other reasonable reasons.

4.5. In THAT the following data shall be specified by the Supplier:

a) name of physical person or legal entity;

b) the place of accession (arrangement) to the operating or projectible gas pipeline, the situational plan, the address;

c) limit of change of pressure of gas in point of accession to the gas pipeline and its diameter;

d) maximum and minimum hour consumption of gas;

e) requirements for gas accounting (taking into account item 10.3 of these rules);

e) the allowed volume of use of gas for the established time;

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