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

of December 27, 2017 No. 1470

About approval of Licensed conditions of implementation of economic activity on electricity distribution

(as amended on 18-10-2018)

According to article 6 of the Law of Ukraine "About the market of electrical energy", to articles 6 and 7 of the Law of Ukraine "About licensing of types of economic activity" and article 17 of the Law of Ukraine "About the National commission performing state regulation in the field of power and utilities" the National commission performing state regulation in the field of power and utilities decides:

1. Approve Licensed conditions of implementation of economic activity on distribution of electrical energy which are applied.

2. This resolution becomes effective since May 1, 2018, but not earlier than day of its publication in the official printing publication - the Pravitelstvenny Kuryer newspaper, and becomes effective since December 1, 2018, except Chapter 1 of Licensed conditions of implementation of economic activity on distribution of electrical energy which becomes effective since May 1, 2018.

Chairman of NKREKP
D. Vovk

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of December 27, 2017 No. 1470

Licensed conditions of implementation of economic activity on distribution of electrical energy

1. General provisions

1.1. These Licensed conditions establish the exhaustive list of the documents enclosed to the application for receipt of the license for implementation of economic activity on distribution of electrical energy (further - the licensed activities), and also determine the exhaustive list of the requirements, conditions and rules obligatory for accomplishment when implementing of the licensed activities.

1.2. The subject of managing which intends to obtain the license for implementation of economic activity on distribution of electrical energy (further - the license applicant) shall correspond to these Licensed conditions, and the subject of managing which has the license for implementation of economic activity on distribution of electrical energy (further - the licensee) shall fulfill requirements of these Licensed conditions.

1.3. In these Licensed conditions terms are used in the following values:

access of the third parties to system of distribution - the right of all users of system to use of systems of distribution according to in advance certain and promulgated conditions according to the principles of transparency and nediskriminatsionnost;

policy tools of economic activity - the system of distribution of electrical energy which is in property, economic maintaining (rather state-owned or utility property) or in management based on the agreement of asset management signed with the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes, the license applicant (licensee) and specified in the documents enclosed to the application for receipt of the license (taking into account the changes in documents given the licensee in the procedure established by these Licensed conditions);

the place of implementation of economic activity - the territory (or part of the territory) administrative and territorial unit where the system of distribution of electrical energy which is in property, economic maintaining (rather state-owned or utility property) or in management based on the agreement of asset management signed with the National agency of Ukraine concerning identification, search and asset management is located, received from corruption and other crimes, the license applicant (licensee) and power networks of other owners which are attached to networks of the license applicant (licensee) (with which the relevant agreements according to the legislation are signed), which have no license for distribution of electrical energy, the license applicant (licensee) specified in the documents enclosed to the application for receipt of the license (taking into account changes in documents, served the licensee in the procedure established by these Licensed conditions). If in the territory of administrative and territorial unit the systems of distribution of electrical energy of other licensees on distribution of electrical energy which are in property, economic maintaining (rather state-owned or utility property) or in management based on the agreement of asset management signed with the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes, the licensee, and power networks of other owners which are attached to networks of this licensee (with which the relevant agreements according to the legislation are signed) are located;

the development plan for system of distribution - the document providing implementation by the licensee of measures for development of system of distribution the next five years, developed by the licensee and approved by NKREKP;

cross subsidizing - movement of the income from implementation of economic activity on distribution of electrical energy for financial support of other type of economic activity within one or several subjects of managing;

the program of compliance - the document developed by the licensee (which is part of vertically integrated company) and approved by NKREKP in which measures which shall be accepted by the licensee for the purpose of accomplishment and observance of requirements about department and independence are determined;

rate for services in electricity distribution - service fee on electricity distribution, calculated according to the technique approved by NKREKP (rather);

purpose (use) of money - use of the means received from implementation of the licensed type of activity in the directions and amounts determined by structure of rate for distribution of electrical energy.

Other terms are used in the values given in the Economic code of Ukraine, the Civil code of Ukraine, the laws of Ukraine "About licensing of types of economic activity", "About the market of electrical energy", "About the prices and pricing", "About protection of the economic competition", other normative legal acts regulating functioning of the market of electrical energy.

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