THE RESOLUTION OF ADMINISTRATIVE BOARD OF THE NATIONAL AGENCY ON REGULATION IN POWER INDUSTRY OF THE REPUBLIC OF MOLDOVA

of August 7, 2008 No. 304

About approval of the Regulations on delivery and use of natural gas

For the purpose of regulation of the legal relations between suppliers, distribution or transport the companies and consumers of natural gas regarding connection to network of natural gas, the conclusion of agreements, deliveries and payments of natural gas, provision of additional services by distribution/transport enterprise, and also use of natural gas by consumers, based on the Art. 5, 6, 7, 11 and 29 Laws on N 136 gas of 17.09.98 years (The official monitor of the Republic of Moldova, 1998, N 111-113, Art. 679) DECIDES: Administrative board of the National agency on regulation in power

1. Approve Regulations on delivery and use of natural gas it (is applied).

2. Declare invalid the Resolution of Administrative board of the National agency on regulation in power, N 49 of 6.03.2002 about approval of the Regulations on delivery and use of natural gas (The official monitor of the Republic of Moldova N 46-48/116 of 4.04.2002)

3. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

CEO of NARE

To Vitaliye Yurk

Director

Nicolae Triboy

Director

Anatoly Burlakov

Approved by the Resolution of the NARE Administrative board No. 304 of August 7, 2008

Regulations on delivery and use of natural gas

The regulations on delivery and use of natural gas (further - the Provision) are developed according to the Civil code N 1107-XV of June 6, 2002. (The official monitor of the Republic of Moldova, 2002, N 82-86, Art. 661), the Law on N 136-XIV gas of September 17, 1998. (The official monitor of the Republic of Moldova, 1998, N 111-113, Art. 679), the Law on power N 1525-XIII of February 19, 1998. (The official monitor of the Republic of Moldova, 1998, N 50-51, Art. 366), the Marine life protection act of the rights of consumers N 105-XV of March 13, 2003. (Official monitor of the Republic of Moldova, 2003, N 126-131, Art. 507), and also other regulations and standards of the Republic of Moldova.

The provision is developed for the purpose of regulation of relations between the supplier distributing or reporting by the company and the consumer regarding connection to gas network, the conclusion of agreements, delivery and payment of natural gas, and also use by consumers of natural gas.

Chapter I MAIN TERMS AND PRINCIPLES

1. The concepts used in the Provision mean the following:

the gas device - the complex mechanical system intended for consumption of natural gas in case of observance of conditions of hygiene, efficiency and safety in fire chamber or the camera by means of gas torches;

the warning of shutdown - the written notice sent by the supplier to the consumer in which the consumer is warned about possible disconnection of its gas-using installation from gas network;

the warning of restriction - the written notice sent or handed by the supplier to the consumer in whom the consumer is warned about possible restriction of contractual amount of natural gas;

control of the measuring equipment - action of the supplier of the natural gas (which is distributing/transferring the companies) performed by use of special devices or without them for the purpose of establishment of normal operation of the measuring equipment, lack of interventions in operation of the measuring equipment, including establishment of integrity of the measuring equipment and the imposed seals;

visual inspection of the measuring equipment - action of the supplier of the natural gas (which is distributing/transferring the companies) performed for the purpose of establishment of integrity of the measuring equipment and the imposed seals (damage or lack of glass of the counter, damage of the meter housing, damage or intervention to authentic seal, failure of thread of seal or its recovery after failure, lack of seal);

nominal consumption of natural gas - amount of natural gas under normal conditions (273,15 temperature gr.k (0gr.s) and pressure of 101325 Pas (760 mm Hg) which passes through the device (the counter, the control device, the gas device, torch and other) in unit of time;

admissible expense - the maximum amount of natural gas under normal conditions specified in permission to connection for which gas-using installation is designed;

contractual expense - the maximum amount of natural gas in standard condition (temperature 293, gr.k ((((20gr.s) and pressure of 101325 Pas (760 mm Hg) which can be spent by the consumer in unit of time, approved for delivery to the consumer and stipulated in the delivery agreement of natural gas;

general expense - the amount of nominal expenses of natural gas on the devices entering gas-using installation of the consumer;

shutdown - connection gap between gas network and gas-using installation of the consumer by means of the disconnecting devices or by detachment of gas-using installation from gas network;

natural gas - in interpretation of the Provision is meant the natural gas determined by the national state standard specification standard 5542, approved to application in the territory of the Republic of Moldova by Department of standardization and metrology since 1.01.1992. (Catalog of regulating documents, 2004, official publication, volume III, Interstate standards, Chisinau);

accession installation - the gas pipeline with auxiliary devices by means of which communication between gas network and gas-using installation of the consumer is made;

unplanned break - the temporary termination of supply of natural gas to consumers connected with accidents in gas network without disconnection of gas-using installations of consumers from gas network;

the planned break - the temporary termination of supply of natural gas to consumers without disconnection of gas-using installations of consumers from gas network connected with accomplishment of the planned operational and/or recovery work which is carried out by the distributing/transferring company with the advance consumer notification about it;

the place of consumption - location of gas-using installation of the consumer where the natural gas delivered through one or several differentiating Items is consumed;

loop pipeline (bypass) - the piece of network equipped with locking cranes which connects the entering and taking away branch pipes of the gas meter or measuring equipment, the station (node) of regulation and accounting;

node of regulation and accounting - complex of the devices, fittings and auxiliary devices located in case or it is direct on technological aggregates via which accounting, decrease and regulation of pressure of gas, and also measurement of expenses of natural gas is performed;

introduction the crane - the crane established at the end of the gas pipeline by means of which the consumers eating via this gas pipeline can completely stop supply of natural gas;

the fireplug - the crane established on input of gas network to buildings, constructions and structures by means of which it is possible to stop completely supply of natural gas to part of the building, the workshop, etc.;

the safety crane - the crane established on gas-using installation of the consumer in nearby point to the gas device by means of which the corresponding gas device can stop supply of natural gas;

emergency - conditions under which because of damage of some installations, pipelines, fittings, auxiliary devices it is impossible to support gas supply systems in certain limits the key technological parameters of system operation of gas supply;

violation of seal - damage or other impact on authentic seal, falsification of seal, lack of seal, failure of thread of seal or its recovery after failure;

the minimum emergency amount - the minimum amount of gas strictly necessary for the consumer for maintenance in working order gas devices ensuring safety of the equipment and personnel, established in size and duration according to project data.

2. Conditions of the Provision are applied in case of the conclusion of agreements, by delivery and use of natural gas, and also during the designing, installation, acceptance, operation and content of installations of accession and gas-using installations.

3. The supplier bears responsibility for continuous supply of natural gas to consumers. For this purpose the supplier shall contain in proper condition as the gas networks, and gas networks belonging to him for which content the supplier is responsible according to this provision, and also to perform their operation and repair according to requirements of the legislation and to ensure safety of their functioning.

4. Supply of natural gas is performed only based on the delivery agreement of the natural gas signed between the consumer and the supplier.

5. The consumer of natural gas can have one or more places of consumption. Conditions of the Provision extend to each place of consumption separately.

6. In apartment houses or hostels, each apartment or premises in the hostel equipped with gas devices is the certain place of consumption. The apartment house or the hostel is considered the certain place of consumption if they are property of one physical person or legal entity, except for housing cooperatives, Owners' Associations of the privatized apartments and associations of co-owners of condominium in dwelling stock.

7. Owners/owners of apartments, premises in hostels or individual houses which did not sign the delivery agreement of natural gas with the supplier, but their gas-using installations are connected to gas network and/or perform payment for the consumed natural gas based on the invoices exposed by the supplier at the time of entry into force of this provision are considered as residential customers of the supplier in whose authorized territory they are located.

8. Designing of installations of accession, and also gas-using installations is performed only after receipt of all necessary permissions and approvals according to the legislation.

9. Works on installation of gas-using installation of the applicant/consumer are carried out only after approval of the project with the distributing/transferring company.

10. Works on installation of gas-using installation are paid completely by the applicant/consumer.

11. The consumer bears responsibility for operation and content of own gas-using installation, and also for observance of measures of safe engineering in the gas-using installation. For this purpose the consumer shall have the corresponding minimum of knowledge of rules of use of natural gas and safety regulations.

12. The supplier shall deliver to consumers odorizirovanny natural gas with quality parameters according to the national state standard specification 5542 standard.

13. The distributing company receives natural gas from the transferring/distributing company through distribution stations and Items, and amounts of natural gas are considered by the measuring equipment installed at these stations and Items. The amount of the delivered natural gas is given to standard conditions.

14. The distributing company has the right to require expert checking of the measuring equipment of the transferring company which is performed in the presence of the representative.

15. Through gas distribution stations and Items natural gas is delivered with pressure on which the corresponding distribution networks were designed. These values make a reservation in the agreement signed between the supplier / the transferring company and the distributing company or the distributing companies.

Chapter II CONCLUSION of the DELIVERY AGREEMENT of NATURAL GAZ

16. Any physical person or legal entity which gas-using installation is connected to gas network or the satisfied conditions provided in permission to the connection and performed installation of installation according to the project has the right to require the conclusion with the supplier of the delivery agreement of natural gas.

The supplier shall sign with the applicant the delivery agreement of natural gas with creation of the protocol on commissioning of the measuring equipment in duplicate (on one for each of contracting parties) signed agreeing the parties excepting any form of discrimination of the applicant.

The delivery agreement of natural gas with the applicant who satisfied the conditions provided in permission to connection and in the project consists after provision by the applicant of the copy of the act of installation acceptance.

17. The applicant / the potential residential customer for the conclusion of the delivery agreement of natural gas shall submit to the supplier the following documents:

a) the statement which form is provided by the supplier;

b) the document on the property right or other document confirming right of possession with the real estate which is the appropriate place of consumption. In case the applicant does not own these documents, the supplier shall sign with him the delivery agreement of natural gas with condition of advance payment of natural gas the consumer;

c) the reference confirming passing of instructing in safety rules when using natural gas;

d) technical parameters of gas devices;

e) the copy of the certificate of conformity for gas copper and/or heater of water, occasionally;

f) copy of the identity certificate.

18. For the conclusion of the delivery agreement of natural gas, the applicant / the potential not residential customer shall provide to the supplier the following documents:

a) the statement for the conclusion of the delivery agreement of natural gas in which the name, the address, phone and the fax of the company or organization is specified;

b) the registration certificate, fiscal code, the settlement account, the bank name through which the applicant makes payments;

c) the document on the property right or other document confirming right of possession with the real estate which is the place of consumption.

19. The supplier shall sign the delivery agreement of natural gas and with the applicant owning the real estate based on other real right, than property, causing in the contract of condition of advance payment of monthly consumption of natural gas with the subsequent implementation of recalculation according to indications of the measuring equipment.

20. The delivery agreement of natural gas is signed in 2 copies, in one copy for each of contracting parties. The delivery agreement of natural gas with residential customers in imperative procedure includes the compulsory provisions provided in appendix 1 to the Provision.

The delivery agreement of natural gas with not residential customers in imperative procedure includes the compulsory provisions provided in appendix 2 to the Provision.

21. At the time of the conclusion of the delivery agreement of natural gas with current consumers or for places of consumption, not disconnected from gas network, the supplier shall exercise control of the measuring equipment and the seals imposed on it with creation of the relevant acts provided by the Provision.

22. The delivery agreement of natural gas to residential customers is signed for each place of consumption separately. The protocol of commissioning of the measuring equipment is attached to the agreement.

23. The supplier signs with not residential customers one delivery agreement of natural gas for several places of consumption, specifying features of each place of consumption in the stand-alone program to the agreement.

24. Term for the conclusion of the delivery agreement of natural gas shall not exceed 3 working days from the moment of filing of application. The request will be executed in the appointed terms if on the date of the request the consumer satisfied the conditions specified in item 52.

Term for the conclusion of the delivery agreement of natural gas with the consumer whose installation is connected to gas network, constitutes 15 calendar days.

25. The supplier has the right according to the legislation to refuse to the applicant the conclusion of the delivery agreement of natural gas if the applicant has debts for the natural gas consumed in other places of consumption in writing proving the refusal. The supplier shall sign the delivery agreement of natural gas with the applicant if the applicant removed the causes of failure specified by the supplier.

The applicant has the right to address to National regulation agency in power (further - the Agency) concerning refusal by the supplier to sign the delivery agreement of natural gas. The decision of the Agency is binding upon both parties and can be appealed in court according to the Law on administrative court N 793-XIV of February 10, 2000. (Official monitor of the Republic of Moldova, 2000, N 57-58, Art. 375).

26. The consumer has the right to require agreement cancelation on supply of natural gas. The corresponding application shall be submitted at least in 7 calendar days prior to date of agreement cancelation, except as specified, when the delivery agreement of natural gas provides another. The supplier will terminate the agreement after complete payment by the consumer of all amount of the consumed natural gas.

27. The consumer has the right to require suspension of validity and the termination of supply of natural gas for at least one month. The corresponding application shall be submitted at least in 7 calendar days prior to date of suspension of validity, except as specified, when the delivery agreement of natural gas provides another. The supplier will accept consumer requirement about validity suspension, and the consumer will pay completely all amount of the consumed natural gas before date of suspension of supply of natural gas and, on circumstances, will cover cost on shutdown.

28. The consumer who alienated the real estate shall pay completely consumed natural gas, transfer the last paid invoice to successor and demand from the supplier of agreement cancelation on supply of natural gas for this place of consumption. The supplier in this case will terminate the delivery agreement of natural gas and will suspend supply of natural gas for this place of consumption, sealing up the introduction crane, and will draw up the statement of suspension of supply of natural gas in 3 copies. One copy of this act is handed to the consumer who sold or alienated the real estate for subsequent to its transfer to successor.

29. If the buyer of the real estate will demand the conclusion of the delivery agreement of natural gas, the supplier will not suspend supply of natural gas, and will sign with it the delivery agreement of natural gas, at the same time the consumer shall submit the documents specified in Items 17 and 18, and the last invoice confirming complete payment of the consumed natural gas for this place of consumption.

30. Except for have the right to demand the case specified in Item 31, the physical person or legal entity which received the real estate which was not disconnected from gas network in property from the supplier of the conclusion of the delivery agreement of natural gas if needs natural gas.

31. In case of the death of the residential customer for determination of the heir(s) of the real estate of the died person the supplier will demand from one of heirs, to sign the provisional agreement on supply of natural gas with condition of implementation of advance payment of the consumed natural gas. In case of failure to carry out by heirs of this requirement the supplier has the right to disconnect gas-using installation of the died person from gas network.

32. In case of determination only of one heir of the real estate of the died person the heir will repay the available debts for the consumed natural gas and before receipt of the act confirming the property right will sign the delivery agreement of natural gas with condition of advance payment. If within 5 working days the heir does not sign the agreement, the supplier has the right to suspend supply of natural gas to the place of consumption according to item 80. e) Provisions.

33. In case of establishment of several heirs of the real estate of the died person they shall repay the available debt for the consumed natural gas, and one of them shall sign the delivery agreement of natural gas with condition of its advance payment. If heirs do not fulfill this requirement, then the supplier has the right to disconnect gas-using installation of the died person from gas network, in writing warning about it heirs.

34. The supplier has the right to turn off gas-using installation of the consumer in day of expiration or agreement cancelation on supply of natural gas for the appropriate place of consumption if it was not declared prolongation of the existing agreement or on the conclusion of the new agreement for this place of consumption.

35. The supplier shall warn the consumer at least in 15 calendar days about expiration of the contract on supply of natural gas.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info