of December 15, 2010 No. 393
About approval of the Regulations on delivery and use of electrical energy
For the purpose of regulation of the legal relations between the operator of the transferring network and system, operators of distribution networks, suppliers and final consumers, being effective according to provisions of Art. 7-9 of the Law on the electric power No. 124-XVIII of December 23, 2009 (Monitorul Oficial al Republicii Moldova, 2010, No. 23-24, the Art. 33), based on provisions of Art. 45 and the Art. 52, the paragraph (6) the Law on the electric power DECIDES: Administrative council of the National agency on regulation in power (NARE)
1. Approve Regulations on delivery and use of electrical energy in the new edition.
2. Declare invalid the Resolution of the NARE Administrative board No. 314 of December 4, 2008 about approval of the Regulations on delivery and use of electrical energy (Monitorul Oficial al Republicii Moldova, 2009, No. 30-33, the Art. 104) registered by the Ministry of Justice at number 628 of December 22, 2008.
3. To impose control of application of this provision by participants of the market of electrical energy on management on regulation and licensing.
CEO of NARE |
Victor PARLIKOV |
Directors
|
Mariana BOTEZATU MarÃn PROFIR Leonid BELINSKI To Nicolae RAYLYAN |
Approved by the Resolution of the NARE Administrative board of December 15, 2010 No. 393
1. The regulations on delivery and use of electrical energy (further - the Provision) aim at regulations of the legal relations between the operator of network, the supplier and the final consumer concerning connection of electroinstallations of final consumers to power network concerning the conclusion of agreements, deliveries and payments of electrical energy, and also use by final consumers of electrical energy.
2. This Provision is applied during the designing, installation and acceptance of electroinstallations of final consumers, in case of differentiation of installations of the electrical power company and electroinstallations of final consumers, in case of operation and servicing of electroinstallations of final consumers, in case of connection, the conclusion of delivery agreements of electrical energy, when accounting of the consumed electrical energy, in case of payment of electrical energy, in case of shutdown of electroinstallations of final consumers, in case of restrictions and breaks in delivery of electrical energy, by consideration of claims of final consumers and ways of permission of disagreements and disputes between suppliers and/or the operator of the transferring network and system or operators of network and final consumers.
3. Conditions of this provision extend completely and to the legal relations appearing when using temporary electroinstallations.
4. The concepts and terms used in this Provision mean the following:
The warning of shutdown - the written notice sent by the supplier, the operator of network, occasionally, to the final consumer on the sample established by National regulation agency in power (further the Agency) in which the final consumer is warned about possible disconnection of its electroinstallations from power network.
Permission to connection - the written notice issued to the applicant by the operator of network in whom optimal technical and economic conditions, and also obligatory works which the applicant for connection of its electroinstallation to power network shall execute are specified.
Control of the measuring equipment - set of the operations performed by the operator of network, using special devices or without them, for the purpose of establishment of condition of functioning of the measuring equipment, ascertaining of interventions in operation of the measuring equipment, including integrity checking of the measuring equipment and the imposed seals.
Shutdown - gap of electric connection between power network of the operator of network and, electroinstallations of the final consumer by means of switching devices or by detachment of wires/cables from power network.
The wrong invoice - the invoice on payment of electrical energy in which the supplier incorrectly specifies the cost of the consumed electrical energy, the rate or amount of the consumed electrical energy calculated on the basis of real indications of the measuring equipment. The invoice exposed on the basis of approximate calculations is not considered the wrong invoice.
The supplier - the owner of the license for delivery of electrical energy on regulated rates.
The compensating installation - the equipment complex, component of electroinstallation of the final consumer intended for compensation of reactive capacity.
Temporary electroinstallation - the electroinstallation built for consumption of electrical energy throughout specific period of time, but no more than one year.
The feeding installation - electroinstallation by means of which communication between power network and electroinstallation of the final consumer is performed. The feeding installation does not turn on the power transformer which is considered as property of the final consumer.
Unplanned break in electric utility service - the temporary termination of electric utility service to final consumers connected with accidents in the power supply network without disconnection of electroinstallations of final consumers from power network.
The planned break in electric utility service - the temporary termination of electric utility service to final consumers without disconnection of electroinstallations of final consumers from power network connected with accomplishment of the planned operational and/or recovery work of power network which is carried out by the operator of network with the advance notification on it of final consumers.
The place of consumption - location of electroinstallation of the final consumer, including electrical units of the subconsumers where the electrical energy delivered through one or several differentiating Items is consumed.
Places public - corridors, staircase, the elevator, loggias of the apartment apartment house, halls, cellars, technical floors, common kitchens, general laundries and general drying rooms, assembly halls and others where the electrical energy is consumed for satisfaction of total requirements of all residents of this house.
The operator of network - the operator of the transferring network and system and/or the operator of distribution network.
Contractual capacity - the electric power which the final consumer has the right to consume from power network on site of consumption and which is approved by the parties in case of the conclusion of the delivery agreement of electrical energy.
The capacity consumed in peak hours of the schedule nagruzkinaibolshy capacity with duration of permanent registration at least 30 minutes, approved by the parties in case of the conclusion of the delivery agreement of electrical energy which the final consumer has the right to consume in the period of peak loads of the distribution or transferring power supply network.
The minimum emergency capacity - the electric power strictly necessary for the final consumer for maintenance in working order the technical means ensuring safety of the equipment and personnel.
The minimum technology capacity - the smallest electric power necessary for the consumer for maintenance in working order the equipment and installations which work is caused by engineering procedure, in order to avoid irreplaceable production losses.
Internal network - the system consisting of wires, cables, switching devices and other equipment and providing distribution of electrical energy in the apartment apartment house from input to the switching device established at each apartment of the apartment apartment house.
Emergency in electric utility system - situation in which it is impossible to support parameters of functioning of electric utility system in admissible limits because of damage of some installations and the electrical power equipment or because of violation of balance of production consumption of electrical energy and capacity.
Violation of seal of the operator of network - falsification of the seal imposed by the operator of network; lack of the seal imposed by the operator of network; the damage or other impact on the original seal imposed by the operator of network leading to its shift on thread; failure of thread of the seal imposed by the operator of network.
For this purpose the operator of network shall contain in proper condition as the power networks, and power networks belonging to him for which content it is responsible according to this Provision, to perform their operation and repair according to requirements of obligatory regulating documents and to respect the safe engineering rules.
6. Delivery of electrical energy is performed only on the basis of the delivery agreement of electrical energy signed between the supplier and the final consumer. The supplier shall deliver to the final consumer the electrical energy corresponding to the parameters set in Regulations of quality of electrical energy in utility power systems of general purpose (the national state standard specification standard 13109), and also the this provision conditions, to the delivery agreement of electrical energy and others it is normative - to the technical documents.
6-1. The supplier will sign with the final consumer the delivery agreement of electrical energy to the place of consumption of the final consumer in accordance with the terms of this provision. For ensuring delivery of electrical energy to the final consumer the supplier will sign the service provision agreement on transfer, the service provision agreement on distribution of electrical energy with the operator of network. The possible legal relations between the operator of network and the final consumer are regulated according to the Law on the electric power, this Provision and other regulations, occasionally.
7. The final consumer can have one or more place of consumption. Conditions of this provision are applied to each place of the consumption belonging to the final consumer separately.
8. In apartment apartment houses or in hostels each apartment or premises of the hostel is considered the certain place of consumption. The apartment apartment house or the hostel is considered the certain place of consumption if it is property of one physical person or legal entity, except for housing cooperatives, Owners' Associations of the privatized apartments and associations of co-owners in condominium.
9. The final consumer has the right to transfer electrical energy to the subconsumer only from the prior written consent of the supplier and on the basis of the signed agreement with the subconsumer, complying with the this provision conditions.
10. Legal relations between the final consumer and the subconsumer stop according to law provisions, along with agreement cancelation on delivery of electrical energy, concluded between the supplier and the final consumer, and also in case of non-compliance with contractual commitments by the subconsumer.
11. Supply with the final consumer with electrical energy of one subconsumer within the place of consumption is not considered delivery of electrical energy.
The supplier has no right to interfere with relations between the final consumer and his subconsumers after provision of consent and the conclusion them the relevant agreement.
12. In case the final consumer supplies with electrical energy of the subconsumer, the contractual capacity of the final consumer specified in the delivery agreement of electrical energy signed between the supplier and the final consumer includes also the capacity consumed by his subconsumer.
13. The supplier shall within 5 working days from the date of the address of the final consumer give the written consent to electric power supply the final consumer of his subconsumer, on condition of lack of debts for the consumed electrical energy at the final consumer and/or the subconsumer before the supplier. If the supplier does not inform the final consumer at the scheduled time concerning consent or disagreement to electric power supply by the final consumer of the subconsumer, then it is considered that the supplier agreed by default.
14. Depending on contractual capacity of the final consumer there are following categories of final consumers:
1. Small final consumers - with contractual capacity to 100 kW inclusive;
2. Large final consumers - with contractual capacity more than 100 kW.
Contractual capacity is determined as: a) rated power of substation (transformer); b) work of the rated voltage (Un) and permissible load (Idop.) conductor, cable; c) the work between the rated voltage (Un) and rated current (In) of the device of protection, with the choice of the smallest value.
15. The supplier bears responsibility for reliable delivery of electrical energy to the residential customer to output plugs of the device of protection, the measuring equipment installed later or to output plugs of the measuring equipment if the device of protection is absent. In case of change of distribution network of installation site of the measuring equipment by the operator in apartment apartment houses, the supplier bears responsibility for reliable delivery of electrical energy to the residential customer to the switching device established according to the original project.
For not residential customers the supplier bears responsibility for reliable delivery of electrical energy to differentiating Item.
16. The managing director of housing stock bears responsibility for integrity of the measuring equipment of the electrical energy used for lighting of places public and for functioning of elevators and also for operation, content and repair of the power networks used for electric utility service of places public and elevators.
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The document ceased to be valid since July 28, 2019 according to Item 2 of the Resolution of National agency on regulation in power industry of the Republic of Moldova of May 31, 2019 No. 169-2019