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The document ceased to be valid according to the Resolution of the National commission performing state regulation in the field of utilities of Ukraine of May 31, 2017 No. 725

Registered by

Ministry of Justice of Ukraine

May 17, 2006

No. 574/12448

RESOLUTION OF THE NATIONAL COMMISSION OF REGULATION OF POWER INDUSTRY OF UKRAINE

of April 26, 2006 No. 540

About approval of Conditions and rules (licensed conditions) of implementation of economic activity on production of heat energy on combined heat and power plants, thermal power plant, the NPP, cogeneration installations and installations with use nonconventional or renewable energy resources

(as amended on 30-01-2014)

According to the Laws of Ukraine "About heat supply", "About power industry", "About natural monopolies", "About protection of the economic competition", the Presidential decree of Ukraine of 14.03.95 of N213/95 "About Measures for Ensuring Activities of the National Commission on Questions of Regulation of Power Industry of Ukraine", the resolution of the Cabinet of Ministers of Ukraine of 29.04.99 of N753 "About Procedure for Issue by the National Commission of Regulation of the Power Industry of Licenses for Activities Connected with the Production, Transfer and Delivery of Electrical Energy Combined by Production of Heat and Electrical Energy, Production of Heat Energy on Combined Heat and Power Plants and Installations with Use Nonconventional or Renewable Energy Resources" the National commission of regulation of power industry of Ukraine DECIDES:

1. Approve Conditions and rules (licensed conditions) of implementation of economic activity on production of heat energy on combined heat and power plants, thermal power plant, the NPP, cogeneration installations and installations with use nonconventional or renewable energy resources (are applied).

2. To provide to management of licensing provision of this resolution on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation.

Commission chairman

V. Kalchenko

Approved by the Resolution of the National commission of regulation of power industry of Ukraine on April 26, 2006 No. 540

Conditions and rules (licensed conditions) of implementation of economic activity on production of heat energy on combined heat and power plants, thermal power plant, the NPP, cogeneration installations and installations with use nonconventional or renewable energy resources

1. General provisions

1.1. Conditions and rules (licensed conditions) of implementation of economic activity on production of heat energy on combined heat and power plants, thermal power plant, the NPP, cogeneration installations and installations with use nonconventional or renewable energy resources (further - Licensed conditions) are developed according to the Laws of Ukraine "About heat supply", "About power industry", "About natural monopolies", "About protection of the economic competition".

1.2. Action of these Licensed conditions extends to subjects of managing when implementing of economic activity by them on production of heat energy on combined heat and power plants, thermal power plant, the NPP, cogeneration installations and installations with use nonconventional or renewable energy resources.

1.3. In these Licensed conditions terms are used in such value:

the licensee - business entity which obtained the license for the right of implementation of economic activity on production of heat energy on combined heat and power plants, thermal power plant, the NPP, cogeneration installations and installations with use nonconventional or renewable energy resources;

licensed activities - economic activity on production of heat energy on combined heat and power plants, thermal power plant, the NPP, cogeneration installations and installations with use nonconventional or renewable energy resources on which implementation right the licensee obtained the license;

cross subsidizing - movement of the income from realization of the made electrical energy for financial support of activities for production of heat energy and vice versa, and also for support of other types of activity within one company or between the related companies for financial support of one company at the expense of another;

related company:

a) any company, which directly or mediately, fully or partially (it is at least 25 percent):

owns shares (shares, shares) of authorized fund or assets (property) of other business entity;

manages shares (shares, shares) of authorized capital of other business entity;

uses on a leasehold basis assets (property) of other business entity;

b) any company:

shares (shares, shares) of authorized fund or assets (property) of which directly or mediately, fully or partially (it is at least 25 percent) stay in property of other business entity;

shares (shares, shares) of which authorized fund directly or mediately, fully or partially (it is at least 25 percent) stay in management of other business entity;

assets (property) of which directly or mediately, fully or partially (it is at least 25 percent) stay in use on a leasehold basis of other business entity;

c) any company connected at least with one licensee or with one of the companies specified in subitems "an" and "b" of this determination, the control relations according to article 1 of the Law of Ukraine "About protection of the economic competition".

1.4. Data on availability of own or leased production facilities where the corresponding type of economic activity, availability and condition of processing equipment and technical base for its servicing, about the educational and qualification level of workers necessary for implementation of the corresponding type of economic activity will be performed, move in the forms given in appendices 1-3 to these to Licensed conditions.

2. Conditions of implementation of licensed activities

2.1. Implementation of economic activity on production of heat energy on combined heat and power plants, thermal power plant, the NPP, cogeneration installations and installations with use nonconventional or renewable energy resources perhaps in the presence of sources of heat energy (combined heat and power plant, thermal power plant, the NPP, cogeneration installations, installations with use nonconventional or renewable energy resources) in property or use of the licensee.

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