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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 2, 2021 No. 381

About measures for implementation of the Presidential decree of the Republic of Belarus of April 16, 2021 No. 153

Based on part fifteen of article 8 of the Law of the Republic of Belarus of December 16, 2002 "About natural monopolies" and in pursuance of Item 6 of the Presidential decree of the Republic of Belarus of April 16, 2021 No. 153 "About development of power industry" the Council of Ministers of the Republic of Belarus DECIDES: No. 162-Z

1. Approve:

Rules of access to services in supervisory control in power industry (are attached);

Rules of access to services in transfer and (or) distribution of electrical energy (are attached).

2. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix.

3. Grant the right to explain questions of application of this resolution to the Department of Energy.

4. Or indirectly to power networks of the power supplying organizations which are part of the national production association of power industry of Belenergo and such power supplying organizations to provide to owners of the block stations connected directly till December 1, 2021 the conclusion of agreements of rendering services in supervisory control in power industry.

5. To the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, regional executive committees and the Minsk Gorispolkom till October 21, 2021 to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.

6. This resolution becomes effective in the following procedure:

Item 5 - after official publication of this resolution;

other provisions of this resolution - since October 21, 2021.

Prime Minister of the Republic of Belarus

R. Golovchenko

Appendix

to the Resolution of Council of Ministers of the Republic of Belarus of July 2, 2021 No. 381

The list of the changes made to resolutions of Council of Ministers of the Republic of Belarus

1. In the Rules of electric utility service approved by the resolution of Council of Ministers of the Republic of Belarus of October 17, 2011 No. 1394:

1.1. state Item 1 in the following edition:

"1. Are determined by the these rules developed according to the Civil code of the Republic of Belarus, other acts of the legislation:

1.1. procedure for relations of consumers of electrical energy (capacity):

with the republican unitary enterprises of power industry Brestenergo, Vitebskenergo, Gomelyenergo, Grodnoenergo, Minskenergo, Mogilevenergo (further - PUP-oblenergo) and other power supplying organizations for the conclusion, execution, change, prolongation and the termination of agreements of electric utility service, conditions of supply and use of electrical energy, calculations for electrical energy (capacity) and responsibilities of the parties;

c PUP-oblenergo according to the conclusion, execution, change, prolongation and the termination of agreements of electric utility service with the owner of the block station, to conditions of supply and use of electrical energy, calculations for electrical energy (capacity) and responsibility of the parties;

1.2. procedure for relations between the organizations of housing and communal services which are owners of block stations and (or) consumers for the conclusion, execution, change and the termination of purchase and sale agreements of electrical energy;

1.3. procedure for accession of electroinstallations of consumers of electrical energy (capacity) to power networks, the organizations of settlement accounting of electrical energy (capacity), survey of the state energy and gas supervision by body (further - body of gosenergogaznadzor) electroinstallations of legal entities * and citizens, including individual entrepreneurs, for determination of opportunity (impossibility) of their commissioning or possibility (impossibility) of their further operation;

1.4. procedure for creation of schedules of restriction and shutdown of consumers of electrical energy (capacity), enforcement of the modes of restriction of giving of electrical energy (capacity), disconnection of electroinstallations of consumers of electrical energy (capacity) from power networks.

______________________________

* For the purposes of these rules are understood as legal entities if other is not determined, legal entities of the Republic of Belarus, the foreign organizations which are carrying out under the agreement in the territory of the Republic of Belarus works and (or) rendering the services performing other activities which are not prohibited by the legislation, the representative offices of the foreign organizations having the power of attorney or other documents confirming powers of representative offices of the foreign organizations in the territory of the Republic of Belarus on transactions, other legally significant actions on behalf of the foreign organizations including powers on representation of their interests in the relations regulated by these rules.";

1.2. in Item 3:

the paragraph one to state in the following edition:

"3. In these rules terms and their determinations in the values established by the Presidential decree of the Republic of Belarus of April 16, 2021 No. 153 "About development of power industry", Rules of access to services in supervisory control in power industry, the Rules of access to services in transfer and (or) distribution of electrical energy approved by Council of Ministers of the Republic of Belarus and also the following terms and their determinations are used:";

in subitem 3.1 of the word "and also the consumer of electrical energy (capacity) who is the legal entity of the Republic of Belarus or the individual entrepreneur, power networks and which electroinstallations are directly attached to power networks PUP-oblenergo, the agreement of electric utility service which signed with PUP-oblenergo with the legal entity of the Republic of Belarus (individual entrepreneur) having the block station in property, economic maintaining or operational management" shall be replaced with words "and also the owner of the block station, power networks and which electroinstallations are directly attached to power networks PUP-oblenergo, the agreement of electric utility service which signed with PUP-oblenergo with the owner of the block station";

in subitem 3.9 of the word "the legal entity of the Republic of Belarus (individual entrepreneur) having the block station in property, economic maintaining or operational management" and "metrological checking" to replace respectively with words "the owner of the block station" and "the state checking of measuring instrument (further - the state checking)";

exclude subitem 3.10;

in subitem 3.22 of the word "the legal entity of the Republic of Belarus (individual entrepreneur) having in property, economic maintaining or operational management the block station" shall be replaced with words "the owner of the block station";

state subitem 3.24 in the following edition:

"3.24. the agreement of electric utility service with the owner of the block station - the mixed agreement containing in addition to terms of the contract of electric utility service agreement PUP-oblenergo and the owner of the block station about conditions:

deliveries to power network PUP-oblenergo for sales objectives to it PUP-oblenergo the electrical energy made by the block station;

transit overflow on power network the PUP-oblenergo of electrical energy made by the block station before the electroinstallations of the owner of the block station which are directly attached to that transformer substation (distributing device) PUP-oblenergo to which the block station is directly connected (further - transit overflow);

the owner's liability of the block station and PUP-oblenergo for observance of terms of the contract;";

state subitem 3.241 in the following edition:

"3.241. available handling capacity of power network - the part of handling capacity of power network determined by the power supplying organization or the owner of power network within which this power network without violation of requirements to the normal modes of its operation and to parameters of reliability of functioning, technology conditions and operating modes of power system can be used for increase:

permitted to capacity utilization;

supply rates in power network the PUP-oblenergo of electrical energy made by the block station according to the agreement of electric utility service with the owner of the block station, the agreement of rendering services in transfer and distribution of electrical energy, the agreement of rendering services in distribution of electrical energy;";

exclude subitem 3.242;

state subitem 3.35 in the following edition:

"3.35. the attached power network - power network of the power supplying organization (the owner of power network) through which the subscriber consumes electrical energy (capacity), and (or) power network PUP-oblenergo in which the electrical energy made by the block station according to the agreement of electric utility service with the owner of the block station, the agreement of rendering services in transfer and distribution of electrical energy, the agreement of rendering services in distribution of electrical energy is delivered;";

in subitem 3.351 of the word "which can be transferred on power network" and "OES of Belarus" to replace respectively with the words "within which the power network can be used" and "the integrated power system of the Republic of Belarus (further - OES of Belarus)";

state subitem 3.36 in the following edition:

"3.36. the electric power permitted to use on border of balance sheet accessory of power networks (further - the capacity permitted to use) - the value of the active electric power (kW) on border of balance sheet accessory of power networks permitted to use, including for the purposes of delivery to power network of the power supplying organization of the electrical energy made by the block station, and established by the power supplying organization (the owner of power network) in specifications on accession of electroinstallations of the consumer to power network (for block stations - taking into account the established electric power of block stations). In case of lack of such specifications at the consumer value permitted to capacity utilization is determined based on the project documentation on object of electric utility service or proceeding from requirements of regulatory legal acts and (or) construction regulations and other requirements of technical regulatory legal acts, obligatory for observance;";

state subitems 3.37 and 3.38 in the following edition:

"3.37. settlement period - the period established by the agreement for which are considered and paid:

consumption of electrical energy (capacity) under the agreement of electric utility service;

consumption of electrical energy (capacity), delivery to power network PUP-oblenergo for sales objectives the PUP-oblenergo of electrical energy made by the block station and (or) transit overflow under the agreement of electric utility service with the owner of the block station;

services in transfer and distribution of electrical energy in the agreement of rendering services in transfer and distribution of electrical energy;

services in distribution of electrical energy in the agreement of rendering services in distribution of electrical energy;

services in supervisory control in power industry under the agreement of rendering services in supervisory control in power industry;

3.38. settlement accounting of electrical energy (capacity) (further - settlement accounting) - accounting of quantity of the made, transferred, distributed, released or consumed electrical energy (capacity) which data are recognized agreement parties of electric utility service agreements of electric utility service with the owner of the block station, the purchase and sale agreement of electrical energy, the agreement of rendering services in transfer and distribution of electrical energy, the agreement of rendering services in distribution of electrical energy and are used by them for settlement under the specified agreements;";

state subitem 3.391 in the following edition:

"3.391. unauthorized (free-lance) delivery of electrical energy - delivery to power network the PUP-oblenergo of electrical energy made by the block station with violation from the owner of the block station of the legislation of procedure for such delivery established by these rules and other acts, including procedure for accession of electroinstallations of legal entities and individual entrepreneurs to power networks, procedure for the conclusion of the agreement of electric utility service with the owner of the block station, procedure for the conclusion of the agreement of rendering services in transfer and distribution of electrical energy, the agreement of rendering services in distribution of electrical energy;";

state subitem 3.41 in the following edition:

"3.41. means of settlement accounting of electrical energy (capacity) (further - means of settlement accounting) - the device (the counter of electrical energy (capacity) or the counter of electrical energy (capacity) with the split architecture, or the counter of electrical energy (capacity) with measuring transformers of current (tension) which underwent the state checking, or ASKUE which passed metrological assessment according to the legislation in the field of ensuring unity of measurements based on which testimonies of the agreement party of electric utility service, agreements of electric utility service with the owner of the block station, the purchase and sale agreement of electrical energy, the agreement of rendering services in transfer and distribution of electrical energy, the agreement of rendering services in distribution of electrical energy determine quantity of electrical energy (capacity) for implementation of calculations between them;";

to add subitem 3.53 after the words "established" and "active" with the word "electric";

add Item with subitem 3.551 of the following content:

"3.551. electrophysical measurements (testing) - process of experimental receipt of one or more quantitative values of the sizes characterizing parameters of operation of electric equipment and electroinstallations for the purpose of ensuring their safe operation and proper functioning according to requirements of the legislation and operational documentation;";

in subitem 3.57:

exclude the words "Republic of Belarus";

add the subitem with part of the following content:

"In case of sale according to the Section VIII of these rules of the electrical energy made by the block station according to the purchase and sale agreement of electrical energy the owner of the block station is not the power supplying organization in relation to the consumer.";

1.3. in item 4:

the eleventh to state the paragraph to part one in the following edition:

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