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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 27, 2023 No. 1127

About approval of the Regulations on features of import of electrical energy in the conditions of legal regime of warlike situation in Ukraine

The Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on features of import of electrical energy in the conditions of legal regime of warlike situation in Ukraine which is applied.

2. Recommend to the National commission performing state regulation in spheres of power and utilities and to the Department of Energy to carry out monitoring of execution of the Provision approved by this resolution.

3. This resolution becomes effective from the date of its publication and is effective during warlike situation and three months after the termination or cancellation of warlike situation.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 27, 2023 No. 1127

Regulations on features of import of electrical energy in the conditions of legal regime of warlike situation in Ukraine

1. For the purpose of ensuring public interest in electric power industry and safety of deliveries of electrical energy in the conditions of legal regime of warlike situation in Ukraine participants of the market of electrical energy when implementing the transactions connected with import of electrical energy act according to the procedure, provided by this Provision.

2. In this Provision terms are used in the value given in the Law of Ukraine "About the market of electrical energy".

3. This Provision is applied to the following participants of the market of electrical energy:

operator of system of transfer;

operators of systems of distribution;

electrosuppliers;

the consumers (except household) having the automated system of commercial accounting of electrical energy providing possibility of data acquisition of commercial accounting of electrical energy in real time for consumption and production.

4. Providing continuity of service in transfer, distribution and delivery of the imported electrical energy belongs to obligations of participants of the market of electrical energy.

5. The operator of system of transfer shall:

1) in case of initiation of application of measures for forced restriction of electric utility service (extreme sizes of consumption of electric power, schedules of hourly shutdown of electrical energy, restriction of consumption of electrical energy and capacities of consumers, emergency shutdown of consumers of electrical energy, except special schedules of emergency shutdowns which application is caused by need of prevention of system accident for the integrated power system of Ukraine) to increase for operators of systems of distribution the allowed volume of consumption of capacity and electrical energy by total amount acquired by all consumers who are attached to system of transfer and/or distribution of the relevant operator of system of distribution, the imported electrical energy;

2) according to Item 7 of this provision in the days preceding days of supply to build and analyze on all operators of systems of distribution and by areas information provided by electrosuppliers concerning amounts of the imported electrical energy by operators of systems of distribution;

3) to exercise dispatching control by provision of operational teams and/or orders to operators of systems of distribution to increase/reduction of consumption of capacity of electrical energy.

6. The operator of system of distribution shall:

1) in case of application at the command of the operator of system of transfer on operational safety of measures for forced restriction of electric utility service to consumers not to apply such measures to not residential customers in whose total amount of consumption of electrical energy in each checkout time the amount of the acquired imported electrical energy makes at least 60 percent of total amount of consumption of electrical energy or at least 60 percent of total amount of consumption of electrical energy are provided at the expense of self-produced to electrical energy with the consumer.

In case when the amount of electrical energy is not acquired / not made by the method specified in paragraph one of this subitem in the corresponding checkout time, the operator of system of distribution resumes application of measures for forced restriction of electric utility service, since time of identification of such fact and before completion of days of delivery;

To provide 2) to the operator of system of transfer information on availability of consumers which will perform delivery of the imported electrical energy, and about amount of consumption by such consumers of the imported electric power;

3) at the request of the electrosupplier within three days to submit the list of the consumers having the automated system of commercial accounting of electrical energy providing possibility of data acquisition of commercial accounting of electrical energy in real time and concerning which there is technical capability of systems of distribution not to apply measure for forced restriction of electric utility service;

4) in case of obtaining from the electrosupplier of the notification on debt availability at consumers of the imported electrical energy on its payment within two days following behind day of receipt of such notification to recover application of measures for forced restriction of electric utility service to such consumers;

5) to take measures to priority recovery of distribution of electrical energy to the consumers consuming the imported electrical energy after application of special schedules of emergency shutdowns, operation of special automatic equipment of shutdown of loading or devices of automatic frequency unloading.

7. The electrosupplier shall in case of implementation of delivery of the imported electrical energy to the consumer till 13 o'clock the days preceding days of delivery to provide to the operator of system of transfer information on amounts of the imported electrical energy by operators of systems of distribution, areas, and also consumers attached to networks of the operator of system of transfer, and to operators of system of distribution - information on necessary distribution of amount of the acquired imported electrical energy by the corresponding consumers for checkout time.

8. Regulations of this provision extend to the operator of system of transfer with the consumers attached to its networks.

9. The consumer during the period of consumption of the imported electrical energy or electrical energy made due to own production of at least 60 percent of total amount of consumption shall take properly measures for reduction of selection of electrical energy by own subconsumers.

For the consumers having subconsumers, the operator of system of distribution proves information concerning schedules of shutdowns of subconsumers which shall be executed by the main consumer. Non-compliance with shutdowns by the main consumer of schedules by his subconsumers is the basis for recovery to such consumers of application of measures for forced restriction of electric utility service.

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