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THE RESOLUTION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE SPHERE OF POWER AND UTILITIES OF UKRAINE

of June 30, 2017 No. 866

About approval of the Procedure for carrying out open discussion of drafts of decisions of the National commission performing state regulation in spheres of power and utilities

According to the laws of Ukraine "About the National commission performing state regulation in the sphere of power and utilities" "About features of information access in spheres of supply of electrical energy, natural gas, heat supply, centralized supply of hot water, centralized water supply and water disposal" the National commission performing state regulation in spheres of power and utilities decides:

1. Approve the Procedure for carrying out open discussion of drafts of decisions of the National commission performing state regulation in spheres of power and utilities which is applied.

2. This resolution becomes effective from the date of, its publication following behind day in the official printing publication - the Pravitelstvenny Kuryer newspaper.

Chairman of NKREKP

D. Vovk

Approved by the Resolution of the National commission performing state regulation in the sphere of power and utilities of Ukraine of June 30, 2017 No. 866

Procedure for carrying out open discussion of drafts of decisions of the National commission performing state regulation in spheres of power and utilities

1. General provisions

1.1. This Procedure determines the procedure of the organization and carrying out open discussion of drafts of decisions concerning price fixation (rates), approval/approval of investment programs / development plans, consideration of notes and offers to drafts of the decisions having signs of regulatory acts, the National commission performing state regulation in spheres of power and utilities (further - NKREKP), the draft of the estimate of NKREKP for the corresponding year and in case of need by other questions which are within the competence of NKREKP and extend to managing subjects which state regulation of activities is performed by NKREKP (further licensees).

1.2. NKREKP carries out open discussions of drafts of decisions concerning price fixation (rates)/changes to them, approvals/approvals of investment programs / plans of developments/changes to them, consideration of notes and offers to drafts of the decisions having signs of regulatory acts, open discussion of the draft of the estimate of NKREKP and drafts of decisions on other questions, transparent and non-discriminatory method for achievement of balance of consumer interests, licensees and the state, providing easy access of consumers, customers, licensees, public authorities and local government bodies, the organizations representing consumer interests, public organizations, mass media and other interested persons to information and their awareness on the principles of publicity, openness, voluntariness and freedom of statements.

2. The procedure of open discussion of drafts of decisions of NKREKP concerning price fixation (rates), approval/approval of investment programs / development plans and changes to them

2.1. Before removal of question of price fixation (rates)/changes to them, approvals/approvals of investment programs / plans of developments/changes to them for open discussion of NKREKP the licensee shall carry out open discussion (hearing) on places of question of need of price fixation (rates)/changes to them, approvals/approvals of the investment program / plan of developments/changes to them with attraction of local executive bodies or local government bodies (if the draft decision concerns development of the certain region and/or territorial society) according to the procedure provided in this Item if other is not stipulated by the legislation.

In case of need price fixation (rates)/changes to them, approvals/approvals of the investment program / plan of developments/changes to them the licensee publishes on the official site the message and reasons for need of price fixation (rates)/changes to them, approvals/approvals of the investment program / plan of developments/changes to them for the purpose of receipt of notes and offers, and also the term during which notes and offers and the address to which it is necessary to direct them are accepted.

The term during which from interested persons notes and offers are accepted is established by the licensee, but it cannot be less than 14 calendar days and more than 20 calendar days from the date of publication of the notification on the official site of the licensee.

The result of open discussion (open hearing) on places is drawn up by the protocol which is subject to promulgation by the licensee on the official website and goes to NKREKP.

If the decision concerning price fixation (rates)/changes to them, approvals/approvals of investment programs / plans of developments/changes to them, is accepted at the initiative of NKREKP, open discussion (hearing) on places is not carried out.

2.2. The structural division of NKREKP within which competence the question which is submitted for open discussion (further - developer) is gives to department of information and communications with the public of NKREKP in electronic form for the publication on the official site of NKREKP on the Internet:

the draft decision of NKREKP approved at meeting of NKREKP according to requirements of Regulations of NKREKP about price fixation (rates)/changes to them, about approval/approval of investment programs / plans of developments/changes to them;

reasons for need of decision making of NKREKP;

materials necessary for decision making of NKREKP;

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