THE RESOLUTION OF THE NATIONAL AGENCY ON REGULATION IN POWER INDUSTRY OF THE REPUBLIC OF MOLDOVA

of May 30, 2025 No. 277

About financial guarantees of proper execution of permissions to connection

Based on h (10) Art. 47 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: Administrative board of the National agency on regulation in power

1. Approve the Instruction about financial guarantees of proper execution of permissions to connection it (is applied).

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

3. System operators post this resolution on the official websites within 5 working days from the date of publication in the Official monitor of the Republic of Moldova.

4. System operators within 10 working days from the date of publication in the Official monitor of the Republic of Moldova inform owners of the operating permissions to connection on entry into force of the Instruction about financial guarantees of proper execution of permissions to connection, and also about conditions of application of collection for not realization.

Approved by the Resolution of the National agency on regulation in power industry of the Republic of Moldova of May 30, 2025 No. 277

The instruction about financial guarantees of proper execution of permissions to connection

Section 1. General provisions

1. The instruction relating to financial guarantee of proper execution and also application of collection for not realization of permission to connection of power plant to networks of electricity transmission and distribution (further - the Instruction) establishes:

1.1 stages, terms and conditions according to which the owner of permission to connection shall provide financial guarantee of proper execution to the operator of system;

1.2 form and procedure for determination of the amount of financial guarantee of proper execution which shall be provided by the owner of permission to connection;

1.3 conditions under which the financial guarantee of proper execution returns to the owner of permission to connection or is performed fully or partially by the system operator;

1.4 procedure for determination of collection for not realization of permission to connection.

2. The instruction is applied to system operators, owners of permissions to connection to networks of electricity transmission and distribution to connection of power plant with the approved capacity more than 200 kW.

3. In this Instruction the concepts determined in the Law No. 107/2016 on the electric power are used (further - the Law 107/2016), Regulations on connection to power supply networks and provision of services on the transfer and electricity distribution (approved by the Resolution of the NARE Administrative board No. 168/2019) and also the following concepts:

financial guarantee of proper execution - the financial instrument created for ensuring accomplishment of obligations on construction and giving of tension on power plant with the approved capacity more than 200 kW;

collection for not realization - the financial instrument created for increase in responsibility of owners of permissions to connection to power networks of power plant about more than 200 kW received till March 27, 2025, but who are not answering to conditions for prolongation of effective period of permission, and also owners of permissions to connection to power networks of power plant with the approved capacity more than 200 kW whose validity was extended till March 27, 2025 approved by capacity.

Section 2. Stages, terms and procedure for provision of financial guarantee of proper execution

4. Provision by the owner of permission to connection of financial guarantee of proper execution is condition for preserving action and prolongation of effective period of permission to connection of power plant with the approved capacity more than 200 kW.

5. The owner of permission to connection shall within 2 months from date of issue of permission to connection by the system operator provide financial guarantee of proper execution in the established size, using one or several forms provided in Section 3.

6. The system operator within 5 working days from the date of provision by the owner of permission to connection of financial guarantee of proper execution checks its compliance to the requirements established by the Instruction.

7. If the financial guarantee of proper execution was not provided in the amount of, calculated according to Item 12, or in shape, stipulated in Item 10, the system operator notifies on it the owner of permission to connection, and also on measures which he shall undertake for elimination of the revealed discrepancies.

8. The owner of permission to connection undertakes all necessary measures for elimination of the discrepancies revealed by the system operator, in time no more than 10 working days from the date of receipt of the notification issued by the system operator.

9. If the owner of permission to connection does not submit financial guarantee of proper execution in time, specified in Item 5 and, on circumstances, in the Item 8, in the amount of calculated according to Item 12 and in the form provided in Item 10, the operator of system cancels the corresponding permission to connection and notifies on it its owner.

Section 3. Form of financial guarantee of proper execution and procedure for determination of the amount of financial guarantee of proper execution

10. The financial guarantee of proper execution can be provided in one or several of the following forms:

10.1 the financial resources deposited on the bank account specified by the system operator;

10.2 the bank guarantee of payment issued for benefit of the system operator, in the original or in the form of the authenticated message Swift, issued by commercial bank in the territory of the Republic of Moldova;

10.3 providing financial resources on the account of Escrow based on the agreement of the account Escrow.

11. The financial guarantee of proper execution shall correspond to the following conditions:

11.1 be provided by the owner of permission to connection (it is applied in case of introduction directly on the bank account specified by the system operator);

11.2 be irrevocable and be subject to unconditional payment on the first demand of (it is applied to the bank guaranty letter);

11.3 contain direct specifying on the fact that it is issued for benefit of the system operator as the beneficiary;

11.4 be provided in Moldovan lei and be to the equal sum determined and reported by the system operator;

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