ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 17, 2024 No. 517

About approval of the Regulations on construction/reconstruction of power plants and recognition voided some resolutions

Based on Item g) parts (1) article 4 of the Law No. 107/2016 on the electric power (The official monitor of the Republic of Moldova, 2016, Art. No. 193-203, 413), with subsequent changes, DECIDES: the Government

1. Approve:

1.1. Regulations on construction / reconstruction of power plants, according to appendix No. 1;

1.2. The list of the orders of the Government which are recognized invalid, according to appendix No. 2.

2. To impose control over the implementation of this resolution on the Department of Energy.

3. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of July 17, 2024 No. 517

Regulations on construction/reconstruction of power plants

Chapter I. General provisions

Section 1. Field of regulation and determination

1. The purpose of the Regulations on construction / reconstruction of power plants (further - the Provision) is establishment of the accurate, objective, transparent and non-discriminatory procedures, conditions and criteria which are subject to application by provision of construction permits of new power plants capacity over 20 MW (further - installation of power plant), on reconstruction or expansion of the existing power plants if additional capacity exceeds 20 MW (further - increase in power of the power plant), according to provisions of articles 4 and 20 of the Law No. 107/2016 on the electric power. The exception of this provision is constituted by the competent producers announced by winning bidders on assignment of the status of the large competent producer according to provisions of the Law No. 10/2016 on promotion of energy use from renewable sources and with Regulations on tendering on assignment of the status of the large competent producer approved by the Order of the Government No. 690/2018.

2. For the purpose of this provision the concepts determined in the Law No. 107/2016 on the electric power, the Law No. 92/2014 on heat energy and promotion of cogeneration and in the Law No. 10/2016 on promotion of energy use from renewable sources and also the following concepts are applied:

2.1. power of the power plant - the established electric power of power plant;

2.2. reconstruction of power plant - replacement of installations for production of electricity or change of production technique of the electric power;

2.3. the applicant - the investor, the physical person or legal entity registered in the Republic of Moldova in accordance with the established procedure as the subject, intended to establish power plant capacity over 20 MW or to increase capacity of the existing power plant if additional capacity exceeds 20 MW.

Section 2. General provisions and range of application

3. This Provision is applied to provision of permissions to installation or increase in power of the power plants in the way:

3.1. constructions of new power plants capacity over 20 MW;

3.2. reconstruction of power plants capacity over 20 MW;

3.3. expansions of the existing power plants if additional capacity exceeds 20 MW.

4. Principles and this provision purposes:

4.1. assistance to sustainable development and ensuring safe, reliable and effective functioning of power system;

4.2. creation of accurate, objective, transparent and non-discriminatory conditions and criteria, with observance of rules of environmental protection for applicants who intend to establish power plant or to increase capacity of the existing power plant;

4.3. determination of the procedure and ensuring transparency by provision of permissions to installation or increase in power of the power plants capacity over 20 MW;

4.4. ensuring compliance with the principles of the equal attitude towards applicants and to nondiscrimination of applicants, and also respect for the principle of objectivity by provision of permissions to installation or increase in power of the power plants.

5. For the purpose of ensuring development of electric utility system provision construction permits / reconstruction of power plants with capacity over 20 MW are performed based on the order of the Government with observance of the requirements established in articles 19 and 20 of the Law No. 107/2016 on the electric power.

6. The draft of the order of the Government about provision of permission to installation or increase in power of the power plants is developed by the central industry body of public management in the field of power after decision making by the Commission on provision of permissions.

7. For realization of the purpose of state policy in the field of development of the power system Government through the central industry body of public management in the field of power performs the following powers:

7.1. provides accomplishment of this provision;

7.2. will organize activities of the Commission on provision of permissions;

7.3. provides transparency of process of consideration of documentation submitted by applicants for receipt of permission to installation or increase in power of the power plants;

7.4. establishes the accurate, objective, transparent and non-discriminatory principles for responsible accomplishment by applicants of the corresponding obligations;

7.5. provides maintaining confidentiality of the information which is trade secret and became known in process of provision of permissions to installation or increase in power of the power plants;

7.6. performs monitoring of process of construction and commissioning of power plants by applicants at the scheduled time.

Chapter II. Administrative competences

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