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

of January 9, 2018 No. 17

About approval of Changes in some resolutions of NKREKP

According to the laws of Ukraine "About the National commission performing state regulation in the field of power and utilities" and "About the natural gas market" the National commission performing state regulation in spheres of power and utilities decides:

1. Approve Changes in the resolution of the National commission performing state regulation in spheres of power and utilities, of July 7, 2016 No. 1234 "About approval of forms of the reporting of NKREKP under implementation of monitoring in the natural gas market and instructions for their filling", registered in the Ministry of Justice of Ukraine on August 5, 2016 at No. 1090/29220, which are applied.

2. Bring in the resolution of the National commission performing state regulation in the field of power, of October 4, 2012 No. 1258 "About approval of forms of the reporting of NKREKP in oil and gas complex and instructions for their filling", registered in the Ministry of Justice of Ukraine on October 31, 2012 at No. 1818/22130, the following changes:

in Item 1:

exclude subitems 1.1 and 1.2.

With respect thereto to consider subitems 1.3-1.16 respectively subitems 1.1-1.14.

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

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of January 9, 2018 No. 17

Changes in the resolution of the National commission performing state regulation in spheres of power and utilities of July 7, 2016 No. 1234

1. Add Item 1 with new subitems 19-24 of the following content:

"19) form of the reporting No. 8a-NKREKU-gaz-monitoring (annual) "Report on ensuring access and accessions to gas-distribution system";

20) Instruction for filling of form of the reporting No. 8a-NKREKU-gaz-monitoring (annual) "Report on ensuring access and accessions to gas-distribution system";

21) form of the reporting No. 8b-NKREKU-gaz-monitoring (quarter) "Report on application of rates for services of distribution of natural gas";

22) Instruction for filling of form of the reporting No. 8b-NKREKU-gaz-monitoring (quarter) "Report on application of rates for services of distribution of natural gas";

23) form of the reporting No. 8v-NKREKU-gaz-monitoring (monthly) "Report on capacity utilization of gas-distribution system and condition of calculations";

24) Instruction for filling of form of the reporting No. 8v-NKREKU-gaz-monitoring (monthly) "Report on capacity utilization of gas-distribution system and condition of calculations".".

2. In forms of the reporting No. 1-NKREKU-gaz-monitoring (monthly) "The report of the subject of the natural gas market to whom special obligations, on implementation of sale of natural gas of own production", the No. 2 NKREKU-gaz-monitoring (monthly) "The report of the subject of the natural gas market to whom special obligations, on supply of natural gas to residential customers and the religious organizations (except the amounts used for implementation of their production business activity)", the No. 4 NKREKU-gaz-monitoring (quarter) "The report on wholesale prices for natural gas", the No. 5 NKREKU-gaz-monitoring (quarter) "The activities report of the supplier of natural gas", No. 6a-NKREKU-gaz-monitoring (quarter) "The report on capacity utilization of gas-transport system", No. 6b-NKREKU-gaz-monitoring (quarter) "The report on distribution of capacity and management of overloads on interstate connections" are assigned are assigned, No. 6v-NKREKU-gaz-monitoring (quarter) "The report on balancing of gas-transport system" and appendices to it, No. 7-NKREKU-gaz-monitoring (quarter) "The report on capacity utilization of gas storages" and appendices to it of the word and symbols "M.P. (in the presence) "exclude.

3. In the Instruction for filling of form of the reporting No. 1-NKREKU-gaz-monitoring (monthly) "The report of the subject of the natural gas market to whom special obligations, on implementation of sale of natural gas of own production are assigned":

1) in Item 1 of the Section I of the word "producers of heat energy within production of heat energy for the religious organizations and provision of services for heating and supply of hot water to the population" shall be replaced with words "producers of heat energy within production of heat energy for the purpose of provision of services on heating and supply of hot water to the population and the religious organizations (except the amounts used for implementation of their production business activity)";

The paragraph third Item 2 of the Section I to state 2) in the following edition:

"Resolutions of the Cabinet of Ministers of Ukraine of March 22, 2017 No. 187 "About approval of the Regulations on assignment of special obligations on subjects of the natural gas market for providing public concerns in the course of functioning of the natural gas market";

To replace 3) in Item 3 of the Section II of figure "03680" with figures "03057";

And symbols "also it is sealed (in the presence)" to exclude 4) in item 4 of the Section II of the word.

4. In the Instruction for filling of form of the reporting No. 2-NKREKU-gaz-monitoring (monthly) "The report of the subject of the natural gas market to whom special obligations are assigned on supply of natural gas to residential customers and the religious organizations (except amounts which are used for implementation of their production business activity)":

The paragraph third Item 2 of the Section I to state 1) in the following edition:

"Resolutions of the Cabinet of Ministers of Ukraine of March 22, 2017 No. 187 "About approval of the Regulations on assignment of special obligations on subjects of the natural gas market for providing public concerns in the course of functioning of the natural gas market";

To replace 2) in Item 3 of the Section II of figure "03680" with figures "03057";

And symbols "also it is sealed (in the presence)" to exclude 3) in item 4 of the Section II of the word;

Shall be replaced with words 4) in Item 1 of the Section III of the word "within production of heat energy for the religious organizations and provision of services for heating and supply of hot water to the population" "for all categories of use of natural gas, including for production of electrical energy".

5. In the form of the reporting No. 3-NKREKU-gaz-monitoring (monthly) "The report of the subject of the natural gas market to whom special obligations, on forming of natural gas resource for residential customers, the religious organizations and producers of heat energy, sale of natural gas to suppliers of natural gas to whom special obligations, and supply of natural gas to producers of heat energy are assigned are assigned":

Line 3.1 after words to "residential customers" to add 1) with the words "decipher in appendix 2";

Line 3.2 after words to "the religious organizations" to add 2) with the words "decipher in appendix 2";

Line 4 to state 3) in the following edition:

"Supply of natural gas to producers of heat energy for production of heat energy for provision of services on heating and supply of hot water to the population and the religious organizations, everything, including:";

4) in line 4.2 words of "the religious organizations" shall be replaced with words "rendering services in heating and supply of hot water to the religious organizations";

Shall be replaced with words 5) in line 5 of the word "for production of heat energy and/or provision of services on centralized heating and supply of hot water for the organizations financed at the expense of state and local budgets" "for all categories of use of natural gas, including for production of electrical energy, except specified in line 4";

Words and symbols "M.P. (in the presence) "exclude 6);

Appendix 2 to be reworded as follows 7) which is applied.

6. In the Instruction for filling of form of the reporting No. 3-NKREKU-gaz-monitoring (monthly) "The report of the subject of the natural gas market to whom special obligations, on forming of natural gas resource for residential customers, the religious organizations and producers of heat energy, sale of natural gas to suppliers of natural gas to whom special obligations, and supply of natural gas to producers of heat energy are assigned are assigned":

1) in the Section I:

in Item 1 of the word "for production of heat energy and/or provision of services on heating and supply of hot water to the population, the religious organizations and organizations financed at the expense of state and local budgets" shall be replaced with words "for all categories of use of natural gas, including for production of electrical energy by such producers";

paragraphs two and third Item 2 to state in the following edition:

"The laws of Ukraine "On the natural gas market", "About the National commission performing state regulation in the field of power and utilities", "About information", "About access to public information";

the resolution of the Cabinet of Ministers of Ukraine of March 22, 2017 No. 187 "About approval of the Regulations on assignment of special obligations on subjects of the natural gas market for providing public concerns in the course of functioning of the natural gas market".";

2) in the Section II:

in Item 3:

replace figures "03680" with figures "03057";

add with new paragraphs of the following content:

"If the form No. 3 contains information and/or data of confidential nature which are trade secret for the purpose of providing NKREKP of protection of confidential information, the NAK Naftogaz Ukrainy determines the list of such information, condition and procedure for its distribution of NKREKP and gives it together with form No. 3 according to the procedure, determined by this Chapter, taking into account provisions of the Law of Ukraine "About information", "About access to public information" and other acts of the legislation.

Information, but not form No. 3 in general is subject to restriction of access.

NKREKP shall not consider information and/or data provided to NAK Naftogaz Ukrainy, having confidential nature and/or trade secret if did not specify to NAK Naftogaz Ukrainy it when giving form No. 3 вНКРЭКУ on papers and in electronic form.";

in item 4:

to exclude words and symbols "also it is sealed (in the presence)";

add with the new paragraph of the following content:

"If the form No. 3 contains information and/or data of confidential nature and/or the being trade secret, the list of such information, condition and procedure for its distribution go to NKREKP the cover letter to No. form 3, the signed head of the subject of managing or the authorized person.";

3) in the Section III:

in Item 1 of the word "for production of heat energy and/or provision of services on heating and supply of hot water to the population, the religious organizations and organizations financed at the expense of state and local budgets" shall be replaced with words "for all categories of use of natural gas, including for production of electrical energy by such producers (further - producers of heat energy)";

in Items 3, to exclude 4 words "for production of heat energy and/or provision of services on heating and supply of hot water to the population, the religious organizations and organizations financed at the expense of state and local budgets";

in Item 13 after words "to suppliers of natural gas for delivery to the religious organizations" to add with words "(except the amounts used for implementation of their production business activity)";

in Item 14 of the word "Supply of Natural Gas to Producers of Heat Energy for Production of Heat Energy for the Religious Organizations and Provision of Services for Heating and Supply of Hot Water to the Population, Everything, including:" shall be replaced with words "Supply of natural gas to producers of heat energy for production of heat energy for provision of services on heating and supply of hot water to the population and the religious organizations, everything, including:";

state Item 16 in the following edition

"16. In line 4.2 "supply of natural gas to producers of heat energy for production of heat energy for provision of services on heating and supply of hot water to the religious organizations" are specified the actual amount/scope of supply of natural gas to producers of heat energy for production of heat energy for provision of services on heating and supply of hot water to the religious organizations (except the amounts used by the religious organizations for implementation of their productive activity) and the price of natural gas";

in Item 17 of the word "for production of heat energy and/or provision of services on centralized heating and supply of hot water for the organizations financed at the expense of state and local budgets" shall be replaced with words "for all categories of use of natural gas, including for production of electrical energy, except specified in line 4";

The Section IV to exclude 4).

With respect thereto to consider the Section V the Section IV.

7. In the Instruction for filling of form of the reporting No. 4-NKREKU-gaz-monitoring (quarter) "The report on wholesale prices for natural gas":

Item 2 of the Section I to state 1) in the following edition:

"2. This Instruction is developed according to the Laws of Ukraine "About the natural gas market", "About the National commission performing state regulation in the field of power and utilities", "About information", "About access to public information";

2) in the Section II:

in Item 3:

replace figures "03680" with figures "03057";

add with new paragraphs the second or fourth the following content:

"If the form No. 4 contains information and/or data of confidential nature which are trade secret for the purpose of providing NKREKP of protection of confidential information, the wholesale seller determines the list of such information, condition and procedure for its distribution of NKREKP, and gives it together with form No. 4 according to the procedure, determined by this Chapter, taking into account provisions of the laws of Ukraine "About information", "About access to public information" and other acts of the legislation.

Information, but not form No. 4 in general is subject to restriction of access.

NKREKP shall not consider information and/or data provided by the wholesale seller, having confidential nature and/or trade secret if the wholesale seller did not specify it when giving form No. 4 вНКРЭКУ on papers and in electronic form.";

in item 4:

to exclude words and symbols "also it is sealed (in the presence)";

add with the new paragraph of the following content:

"If the form No. 4 contains information and/or data of confidential nature which are trade secret, the list of such information, condition and procedure for its distribution go to NKREKP the cover letter to No. form 4, the signed head of the subject of managing or the authorized person.".

8. In the Instruction for filling of form of the reporting No. 5-NKREKU-gaz-monitoring (quarter) "The activities report of the supplier of natural gas":

Item 2 of the Section I to state 1) in the following edition:

"2. This Instruction is developed according to the Laws of Ukraine "About the natural gas market", "About the National commission performing state regulation in the field of power and utilities", "About information", "About access to public information";

2) in the Section II:

in Item 3:

replace figures "03680" with figures "03057";

add with new paragraphs of the following content:

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