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

of November 23, 2011 No. 439

About approval of the Regulations on expansion of distribution power supply networks and Regulations on expansion of distribution networks of natural gas

List of amending documents

For the purpose of regulation of procedures of expansion of distribution networks of natural gas and distribution power supply networks, and also the responsibilities of the parties involved in process of expansion of these networks based on provisions of Art. 42 of the Natural Gas Act, No. 123-XVIII of December 23, 2009. (The official monitor of the Republic of Moldova, 2010, No. 23-24, the Art. 31) and Art. 40 of the Law on electrical energy, No. 124-XVIII of December 23, 2009. (The official monitor of the Republic of Moldova, 2010, No. 23-24, the Art. 33) the Administrative board of the National agency on regulation in power DECIDES:

1. Approve Regulations on expansion of distribution power supply networks.

2. Declare invalid the Resolution of Administrative board of the National agency on regulation in power No. 93 of May 19, 2003 about approval of the Regulations on expansion of distribution power networks and Regulations on expansion of distribution gas networks (The official monitor of the Republic of Moldova, 2003, No. 215-217, the Art. 291), registered by the Ministry of Justice at number 343 of August 4, 2003.

3. To impose control of application of the approved provision by operators of network on Department of regulation, investments and quality and Department of rates, analysis and control.

 

Directors

Marianna BOTEZATU Marín PROFIR To Nicolae RAYLYAN

Approved by the Resolution of the NARE Administrative board of November 23, 2011 No. 439

Regulations on expansion of distribution power supply networks

Part 1 General provisions

1. The regulations on expansion of distribution power supply networks (further the Provision) are developed according to the Law on electrical energy No. 124-XVIII of December 23, 2009. (The official monitor of the Republic of Moldova, 2010, No. 23-24, the Art. 33) also establishes procedures of expansion of the distribution power supply networks and responsibility of the parties involved in expansion of distribution power supply networks.

2. The provision extends to activities of operators of distribution networks, to bodies of local public administration and to the existing and potential final consumers of electrical energy.

3. The operator of distribution network is responsible for expansion of the distribution power supply network in the conditions of cost efficiency, in the authorized territory, in connection with increase in demand for electrical energy and in case of new settlements, new residential districts, new quarters, new industrial zones or in case of development of the existing settlements, residential districts, quarters, industrial zones.

4. The bodies of local public authority concerning construction of energy subjects to local appointment are responsible for:

a) issue, at the request of the operator of distribution network, the permission for construction of the distribution power supply network according to the law;

b) for development, according to regulations, construction projects of distribution power supply networks of local value based on the permissions to connection issued by the operator of distribution networks and according to town-planning plans and plans of arrangement of the territory, and also for submission of the corresponding projects to the operator of distribution network;

c) the solution of the questions connected with allocation of the parcels of land for placement of the distribution power supply network in cases of emergence of new settlements, residential districts, quarters, industrial zones or in case of development of the existing settlements, residential districts, quarters, industrial zones;

d) the decision, according to the procedure and conditions established by the law, the questions connected with obtaining by the operator of distribution network of the right to use of the parcels of land which are in ownership or in use of other person or expropriation of the respective sites according to the law. After transition of the expropriated site to public property of administrativnoterritorialny unit, the expropriated site it is transferred to free use to the operator of distribution network for accomplishment of necessary construction works or operation of distribution power supply networks.

5. The concepts used in this Provision have the following values:

association - association of owners of the parcels of land for construction of private houses;

the investor - the physical person or legal entity developing the residential residential district or residential quarters;

the applicant - any physical person or legal entity which submitted the application for receipt of permission to connection;

the authorized territory - geographically differentiated area within which the operator of distribution network has the right to perform activities for distribution of electrical energy.

Part 2 Procedure of expansion of the distribution power supply network

6. The procedure of expansion of the distribution power supply network described in this Provision is applied in case of new settlements, residential districts, quarters and industrial zones or in case of development of the existing settlements, residential districts, quarters and industrial zones according to master, zone, detailed town-planning plans or according to plans of improvement of the territory of administrative and territorial unit, the approved bodies of local public authority. The procedure of expansion is applied also in case of increase in handling capacity of the distribution power supply network in connection with increase in demand for electrical energy by the existing final consumers.

7. Before approval of the town-planning plan or plan of improvement of the corresponding territory (the settlement, the residential district, the quarter, the industrial zone) bodies of local public authority will address the operator of distribution network for response on the draft of the corresponding plan.

8. The operator of distribution network performing activities in the authorized territory shall provide at the request of body of local public authority response on the draft of the town-planning plan or for the draft of the plan of improvement of the corresponding territory, according to the Law on fundamentals of town planning and arrangement of the territory No. 835-XIII of May 17, 1996 (The official monitor of the Republic of Moldova, 1997, No. 1-2, the Art. 2).

9. The town-planning plan or the plan of improvement shall refer to the parcels of land which will be used for arrangement of elements of the distribution power supply network (support, cables, transformers, etc.) which will be constructed for the purpose of satisfaction of demand of potential final consumers for electrical energy.

10. Along with allocation of the parcels of land under construction of housing and subjects to other appointment, bodies of local public authority shall allocate the parcels of land for placement of elements of the distribution power supply network (support, cables, transformers, etc.).

11. In the town-planning plan or in respect of improvement of the territory it is necessary to specify: all potential final consumers (the plan of placement), whose electroinstallations will be connected to the distribution power supply network; settlement electric load of the short-term, medium-term and long-term period and expected term of commissioning of the new distribution power supply network or the site of the distribution power supply network, for connection of all electroinstallations of potential final consumers to the distribution power supply network and delivery of electrical energy. The expected term of commissioning of the new distribution power supply network will be concretized by the operator of distribution network after receipt of the construction project of the new distribution power supply network or the site of the distribution power supply network.

12. The body of local public authority is responsible for designing of the new distribution power supply network or the site of the distribution power supply network according to the town-planning plan or the plan of improvement of the corresponding territory. Designing of the new distribution power supply network or the site of the distribution power supply network is performed by the physical persons or legal entities authorized according to the law for implementation of this work type. At the request of association or the investor the body of local public administration can decide that association or the investor took the responsibility for designing of the new distribution power supply network or the site of the distribution power supply network.

13. The body of local public authority, association iliinvestor will provide to the operator of distribution network the written application on inclusion of the project of expansion of the distribution power supply network in the plan of activities of the operator of distribution network. The copy of the town-planning plan or the plan of the improvement of the corresponding territory approved by body of local public authority and the project of the new distribution power supply network or the site of the distribution power supply network shall be without fail enclosed to the application. The statement is submitted body of local public authority, association or the investor in office of the operator of distribution network or goes the registered mail by mail to the operator of distribution network acting in the authorized territory.

14. Within 15 calendar days after receipt of the statement the operator of distribution network informs body of local public authority, association or the investor on adoption of the project to consideration. If the body of local public authority, association or the investor provided till September 30 of this year the statement for inclusion of the construction project of the new distribution power supply network or the site of the distribution power supply network in the plan of activities, the operator of distribution network considers the application and if it is pertinent, includes the corresponding project in the plan of activities for the next calendar year.

15. In case of determination of term of commissioning of the new distribution power supply network or the site of the distribution power supply network the amount of works and period of time necessary for construction of the new distribution power supply network or the site of the distribution power supply network will be considered. The period of time necessary for construction of the new distribution power supply network or the site of the distribution power supply network will be determined by the operator of distribution network.

16. After approval of the investment plan, according to Item 17 of this provision, the operator of distribution network shall take adequate measures for expansion of distribution power supply networks, scheduling construction works and commissioning of the new distribution power supply network or the site of the distribution power supply network. Construction works will be performed based on the project documentation and according to provisions of the Law on quality in construction No. 721-XIII of February 2, 1996. (Official monitor of the Republic of Moldova, 1996, No. 25, Art. 259).

17. The investment plan for expansion of distribution power supply networks for the next calendar year affirms the Agency for each operator of distribution network. The operator of distribution network to oblige to place on the electronic page the investment plan for expansion of distribution power supply networks in which all settlements for which expansion of the distribution power supply network, and expansion implementation terms is planned will be specified.

18. In need of receipt of right to use by the land areas belonging to the third parties for the purpose of expansion of the distribution power supply network, the operator of distribution network shall acquire this right directly from owners of the real estate according to the legislation. If it is impossible to reach consent with the owner of the real estate concerning right to use provision, the operator of distribution network will address body of local public authority for permission of this problem according to the Law on electrical energy and other laws in the field.

19. Acceptance of works on construction of the new distribution power supply network or the site of the distribution power supply network will be performed according to the Regulations on acceptance of construction works and equipment in place approved by the Order of the Government No. 285 of May 23, 1996. (Official monitor of the Republic of Moldova, 1996, No. 42-44, Art. 349). Control of compliance of the new distribution power supply network or the site of the distribution power supply network to existing rules is performed according to the Law on power, No. 1525-XIII of February 19, 1998. (Official monitor of the Republic of Moldova, 1998, No. 50-51, Art. 366).

20. Reasonable investments of the operator of distribution network into expansion of distribution power supply networks join in rate for services in distribution of electrical energy, through costs for depreciation and investment profitability, after commissioning of new distribution power supply networks or sites of distribution power supply networks by the operator of distribution network and only if expansion was executed according to the investment plan approved by the Agency. The profitability rate of the capital invested in construction of new distribution power supply networks or sites of distribution power supply networks is established according to Art. 51 of the Law on electrical energy.

21. If the body of local public authority, association or the investor request from the operator of distribution network about reducing the terms of expansion of the distribution power supply network established by the operator of distribution network in the investment plan approved by the Agency, then the operator of distribution network has the right to reject the petition or to offer body of local public authority, association or to the investor to finance the provided expansion of the distribution power supply network. For this purpose the body of local public authority, association or the investor will sign the contract with the operator of distribution network in which will be provided without fail the amount of the allocated financial resources determined on the basis of cost budget according to the project, conditions and terms of return by the operator of distribution network of the amount of the allocated financial resources.

22. The financial resources allocated by body of local public authority, association or the investor will be used by the operator of distribution network for expansion of the distribution power supply network. The operator of distribution network will return the amounts allocated with body of local public authority, association or the investor after the term specified in the agreement signed between the operator of distribution network and body of local public authority, association or the investor. The operator of distribution network will return the amounts allocated with body of local public authority, association or the investor, according to this Provision, in time, not exceeding 30 calendar days from the term of the expansion of the distribution power supply network specified in the investment plan and approved by the Agency.

23. If it is necessary to increase handling capacity of the existing distribution power supply network for connection of electroinstallations of the potential final consumers who appeared in case of implementation of town-planning plans or plans of improvement of the corresponding territory or in case of increase in capacity of electroinstallations of the existing final consumers, the operator of distribution network shall take adequate measures for the purpose of increase in handling capacity of the existing distribution power supply network. In this case the operator of distribution network also shall provide to applicants the relevant information on necessary measures for expansion of distribution power supply networks and on specific terms of realization of expansion.

24. Reasonable costs for increase in the handling capacity existing join in rate for services in distribution of electrical energy, through costs for depreciation and profitability of the capital, and only if increase in handling capacity was executed according to the investment plan approved by the Agency. The profitability rate of the capital invested in increase in handling capacity of the existing distribution power supply network is established according to Art. 51 of the Law on electrical energy.

Part 3 Final provisions

25. If applicants, potential final consumers, address the operator of distribution network for issue of permissions to connection and the operator of distribution network determines that for connection of electroinstallations of applicants it is necessary to expand the distribution power supply network by construction of the new distribution power supply network or the site of the distribution power supply network, the operator of distribution network shall inform applicants, potential final consumers, on measures which need to be undertaken for expansion of the distribution power supply network.

26. The procedure of expansion of distribution power supply networks is not applied:

a) in case of development of country zones in the territory of municipiums, the cities, villages, communes or in the territory beyond their limits;

b) in case in the permission for construction of object issued by body of local public authority, expansion of the distribution power supply network is provided for structure customer account.

27. In the cases provided in Item 26 of this provision designing, construction, acceptance, the admission in operation of the new distribution power supply network or the site of the distribution power supply network is performed at the expense of owners of dachas or customers of structures. Designing, construction, acceptance, the admission in operation of the new distribution power supply network or the site of the distribution power supply network is performed according to provisions of the Law on power.

Approved by the Resolution of the NARE Administrative board of November 23, 2011 No. 439

Regulations on expansion of distribution networks of natural gas

Voided

 

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