of March 14, 2018 No. 312
About approval of Rules of the retail market of electrical energy
According to the laws of Ukraine "About the market of electrical energy" and "About the National commission performing state regulation in the field of power and utilities" the National commission performing state regulation in spheres of power and utilities decides:
1. Approve Rules of the retail market of electrical energy (further - Rules) which are attached.
2. The conclusion of agreements between consumers and other participants of the retail market of electrical energy according to requirements of Rules is performed years by joining of consumers to public agreements of accession (the agreement of the consumer on provision of services on distribution of electrical energy, the corresponding delivery agreements of electrical energy) on the terms of current agreements of electrical supply and about use of electrical energy, concluded with the corresponding suppliers of electrical energy on regulated rate, by submission of the statement accession in the form given in appendix to this resolution.
3. Prior to work of the new market of electrical energy to provide to the operator of system of transfer (to the state company which exercises centralized dispatching (operational) control of the Integrated power system of Ukraine and carries out prior to activities of the certified operator of system of transfer of function, the right and obligation of the operator of system of transfer) (further - OSP) the conclusion of agreements with consumers whose electroinstallations are attached to OSP networks, according to the Code of system of transfer approved by the resolution of NKREKP of March 14, 2018 No. 309, and to Rules.
4. To operators of systems of distribution (further - OSR) to sign the service provision agreements on distribution of electrical energy signed with the consumer, with all consumers whose electroinstallations are attached in the territory of activities of OSR. The agreement is drafted by OSR on the basis of the essential conditions determined by the Code of systems of distribution approved by the resolution of NKREKP of March 14, 2018 No. 310, and the standard form established by Rules and posted on the website of OSR, in mass media and in service points of consumers of OSR. OSR by direct delivery by personnel of OSR or with the account, or the mailing provides to the consumer the statement accession to the specified agreement which is created according to databases of vertically integrated subject of managing and contains EIS-codes of points of commercial accounting of object of the consumer. Provision of such statement accession is the offer to the consumer about accession to the agreement of the consumer on provision of services on distribution of electrical energy on the terms of the current agreement about use or delivery of electrical energy (individual characteristics of object, capacity, reliability class, identification codes, features of accounting, etc.). The agreement is considered the consumer of the statement accession imprisoned from signature date to the service provision agreement on distribution of electrical energy, and/or from the date specified in the statement accession if the consumer during the term specified in the statement accession did not address OSR with objections concerning the conclusion of the agreement in general or rather separate terms of the contract and consumed any amount of electrical energy.
The passports of points of distribution (transfer) which are drawn up according to Rules are provided to Not residential customers attached to OSR/OSP networks together with the statement accession to the agreement of the consumer on provision of services on distribution (transfer) of electrical energy.
5. Within two years from the effective date rules OSR (SMALLPOX) to draw up on all objects of residential customers the passport of point of distribution (transfer) in the form established by Rules. The drawn-up passports of points of distribution (transfer) are integral part of the agreement of the consumer on provision of services on distribution (transfer) of electrical energy and the consent of the consumer to provision of services on distribution (transfer) of electrical energy on the conditions determined in the passport of point of distribution (transfer).
From the effective date agreements of the consumer on provision of services provides services of commercial accounting on distribution (transfer) of electrical energy of OSR (SMALLPOX) to consumers whose points of commercial accounting are arranged in its territory of licensed activities, according to the Code of commercial accounting of electrical energy approved by the resolution of NKREKP of March 14, 2018 No. 311.
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