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

of May 25, 2011 No. 415

About approval of the Regulations on delivery and use of natural gas

For the purpose of regulation of the legal relations between the operator of the transferring network, operators of distribution networks, suppliers and final consumers, based on provisions of Art. 47 and 54, the paragraph (5) the Natural Gas Act, No. 123-XVIII of December 23, 2009. (The official monitor of the Republic of Moldova, 2010, No. 23-24, the Art. 31) the Administrative board of the National agency on regulation in power DECIDES:

1. Approve Regulations on delivery and use of natural gas in the new edition.

3. To impose control of application of this provision by participants of the natural gas market on management on regulation and licensing.

The CEO of the National agency on regulation in to power

Victor Parlikov

Directors of the National agency on regulation in power

Marín Profir Leonid Belinski To Nicolae Raylyan

Approved by the Resolution of Administrative board of the National agency on regulation in power industry of the Republic of Moldova of May 25, 2011 No. 415

Regulations on delivery and use of natural gas

Part 1. Purpose and scope

1. The purpose of the Regulations on delivery and use of natural gas (further – the Provision) is regulation of legal relations between the supplier, the operator of network and the final consumer regarding connection of gas installations of final consumers to network of natural gas, concerning the conclusion of agreements, delivery and payment of natural gas, and also use by final consumers of natural gas.

2. This Provision is applied when designing, to installation, in case of acceptance of gas installations of final consumers, in case of differentiation of networks of natural gas of operators of network and gas installations of final consumers, in case of operation and servicing of gas installations of final consumers, in case of connection, the conclusion of delivery agreements of natural gas, when accounting consumption of natural gas, in case of payment of natural gas, shutdown of gas installations of final consumers, restrictions and breaks of supply of natural gas, consideration of claims of final consumers and about ways of permission of disagreements and disputes between suppliers, operators of network and final consumers.

Part 2. Main terms and principles

3. The concepts and terms used in this Provision mean the following:

the gas device - the complex mechanical sisyoteyoma intended for consumption of natural gas in case of observance of conditions of hygiene, efficiency and safety in fire chamber or the camera by means of gas torches;

the warning of shutdown - the written notice sent by the supplier or the operator of network, occasionally, to the final consumer in whom the final consumer is warned about possible disconnection of its gas installations from network of natural gas;

the warning of restriction - the written notice sent or handed by postavyoshchik or the operator of network, occasionally, to the final consumer in whom the final consumer preduprezhyodatsya about possible restriction of contractual amount of natural gas;

loop pipeline (bypass) - the piece of network equipped with locking cranes which connects the entering and taking away branch pipes of the gas meter or measuring equipment, the station (node) of regulation and accounting;

control of the measuring equipment – set of the transactions performed by the operator of network by use of special devices or without them, for the purpose of establishment of correctness of functioning of the measuring equipment, lack of interventions in operation of the measuring equipment, including actions for integrity checking of the measuring equipment and the imposed seals;

visual inspection of the measuring equipment – set of transactions, osushchestvlenyony the operator of network, without use of special devices for the purpose of establishment of integrity of the measuring equipment and the imposed seals (damage or lack of glass of the measuring equipment, damage of the body of the measuring equipment, damage or intervention to authentic seal, failure of thread of seal or its recovery after failure, lack of seal);

nominal consumption of natural gas - amount of natural gas under normal conditions (°K 273,15 temperature (0 °C) and pressure of 101325 Pas (760 mm Hg) which passes through the device (the measuring equipment, the reguyoliruyushchy device, the gas device, torch and proyochy) in unit of time;

admissible expense - the maximum amount of natural gas under normal conditions specified in permission to connection for which gas installations of the final consumer are designed;

contractual expense - the maximum amount of natural gas in standard condition (°K 293,15 temperature (20 °C) and pressure of 101325 Pas (760 mm Hg) which can be spent by the final consumer in unit of time, approved for delivery to the final consumer and stipulated in the delivery agreement of natural gas;

general expense - the amount of nominal expenses of natural gas of gas devices of the final consumer of the consumer;

shutdown - connection gap between network of natural gas and gas installations of the final consumer by means of the disconnecting devices or by detachment of gas installations of the final consumer from network of natural gas;

the supplier – the owner of the license for supply of natural gas which on regulated rates provides supply of natural gas of one or more final consumers on the basis of the delivery agreement of natural gas;

natural gas - in interpretation of this provision is meant the natural gas determined by the nayotsionalny standard "natural combustible gases for industrial and household function". GOST 5542, approved to application in the territory of the Republic of Moldova by Department of standardization and metrology since January 1, 1992. (Catalog of regulating documents, 2004, official publication, volume III, Interstate standards, Chisinau);

accession installation - gas installation by means of which communication between network of natural gas and installation of the consumer is performed;

unplanned break in gas supply - the temporary termination of gas supply to final consumers connected with accidents in network of natural gas without disconnection of gas installations of final consumers from network of natural gas;

the planned break in gas supply - the temporary prekrayoshcheniye of gas supply to final consumers without disconnection of gas installations of final potreyobitel from network of natural gas connected with vypolyoneniye of the zaplaniyorovanny operational and/or vosstanoviyotelny works which are carried out by the operator of network with the advance notification of final consumers on it;

the place of consumption - location of gazoisyopolyyozuyushchy installation of the final consumer where the natural gas delivered through one or several differentiating Items is consumed;

the operator of network – the operator of the transferring network and/or operator of distribution network;

node of regulation and accounting - complex of the devices, fittings and auxiliary devices located in case or it is direct on technology aggregates via which accounting, decrease and regulation of pressure of natural gas, and also measurement of expenses of natural gas is performed;

the fireplug - the crane established on input of gas network to buildings, constructions and structures by means of which it is possible to stop completely supply of natural gas to part of the building, the workshop, etc.;

the safety crane - the crane established on gas-using installation of the consumer in blizyolezhashchy point to the gas device by means of which it is possible to stop supply of natural gas to the sootyovetstvuyushchy gas device;

emergency - conditions under which because of damage of some installations, pipelines, fittings, auxiliary devices it is impossible to support systems of natural gas in certain limits the key technology parameters of system operation of natural gas;

violation of seal - damage or other impact on authentic seal, falsification of seal, lack of seal, failure of thread of seal or its recovery after failure.

4. The operator of network, the supplier bears responsibility for reliable and continuous supply of natural gas to final consumers. For this purpose the operator of network shall contain in proper condition as the networks of natural gas, and network of natural gas belonging to him for which content it is responsible according to this Provision, and also to perform their operation and repair according to requirements of the legislation and to ensure safety of their functioning.

5. Supply of natural gas is performed only based on the delivery agreement of the natural gas signed between the final consumer and the supplier.

5-1. The supplier will sign with the final consumer the delivery agreement of natural gas to the place of consumption of the final consumer, in accordance with the terms of this provision. For ensuring gas supply to the final consumer the supplier will sign the service provision agreement on transfer, the service provision agreement on distribution of natural gas with the operator of network. The possible legal relations between the operator of network and the final consumer are regulated according to the Natural Gas Act, this Provision.

6. The final consumer of natural gas can have one or more places of consumption. Conditions of this provision extend to each place of consumption separately.

7. The apartment house or the hostel is considered the certain place of consumption if they are property of one physical person or legal entity, except for housing cooperatives, Owners' Associations of the privatized apartments and associations of co-owners of condominium in dwelling stock.

8. Any connection or repeated connection to network of natural gas which creates conditions for consumption of natural gas from network of natural gas is carried out only by the operator of network in the presence of the applicant, the final consumer. Designing of installations of accession, and also gas-using installations of the final consumer is performed only after receipt of all necessary permissions and approvals according to the legislation.

9. Works on designing, installation and acceptance of gas-using installations of the applicant/consumer and installations of accession or works on their change are performed according to obligatory normative and technical documents, and costs are completely paid by the final consumer. Works on installation of gas installations of the applicant / the final consumer are performed after approval of the project by the operator of network.

10. The final consumer bears responsibility for operation and content of the gas installations, and also for observance of measures of safe engineering in the gas installations. For this purpose the final consumer shall have the corresponding minimum of knowledge of rules of use of natural gas and safety regulations.

11. If owing to breaks in gas supply or shutdowns of gas installations of not residential customer there is risk of emergence of threat for life of people or causing material damage, not residential customer shall have the reserve source of power supply established at his expense according to the Law on power No. 1525-XIII of February 19, 1998 (Monitorul Oficial al Republicii Moldova, 1998, No. 50-51, the Art. 366).

12. The supplier shall deliver to final consumers odorizirovanny natural gas with quality parameters according to the national standard "natural combustible gases for industrial and household function", GOST 5542 and according to construction regulations of NCMG. 05.01-2006.

13. The operator of network receives natural gas from the supplier at gas distribution stations and in points of commercial accounting, and amounts of natural gas are considered by the measuring equipment installed at these stations and points of accounting. The natural gas which is entering and coming out networks of natural gas shall conform to the quality standard established by the Natural Gas Act and is given to standard conditions.

14. The operator of network has the right to require to carry out expert checking of the measuring equipment of the operator of network to which the networks of natural gas are connected. Expert checking of the measuring equipment is performed in the presence of the personnel.

15. Through gas distribution stations and points of commercial accounting natural gas is delivered with pressure on which the relevant networks of natural gas were designed. These values join in the agreement signed between the operator of network and the user of system.

Part 3. Conclusion of agreements

16. Any physical person or legal entity which gas installations are connected to network of natural gas or which submitted the application for connection to network of natural gas and the satisfied conditions provided in permission to connection has the right to require the conclusion with the supplier of the delivery agreement of natural gas.

17. The delivery agreement of natural gas with the applicant who satisfied the conditions provided in permission to connection and in the project consists after provision by the applicant of the copy of the act of acceptance of the gas installations.

18. For the conclusion of the delivery agreement of natural gas the applicant, the potential residential customer, shall submit to the supplier the following documents:

a) the statement which form is submitted the supplier;

b) the copy of the document on the property right or the copy of the document confirming the corporeal right or right to use to the real estate which is the appropriate place of consumption;

c) the reference confirming passing by the applicant of instrukyotazh by safety rules when using natural gas, issued by the operator of network;

d) technical parameters of gas devices;

e) the copy of the certificate of conformity for gas copper and/or heater of water, occasionally;

f) copy of the identity certificate.

The applicant represents copies of documents and originals for verification of copies or verified copies of documents.

19. For the conclusion of the delivery agreement of natural gas the applicant, the potential not residential customer, shall submit to the supplier the following documents:

a) the statement for the conclusion of the delivery agreement of natural gas (which form is provided by the supplier), in which the name, the address, phone and the fax of the company or organization is specified;

b) the copy of the decision on registration issued by competent authority, or the copy of other document confirming the activities implementation right, occasionally, fiscal code, the settlement account, the bank name through which the applicant makes payments;

c) the copy of the document on the property right or other document confirming right to use on the real estate which is the place of consumption.

The applicant represents copies of documents and originals for verification of copies.

20. The supplier shall sign the delivery agreement of natural gas without discrimination with any applicant who satisfied all conditions provided by the law and this Provision. The supplier shall sign the delivery agreement of natural gas with the applicant owning nedviyozhimost based on other right than the property right, with the right of inclusion in the delivery agreement of natural gas of condition of advance payment of monthly consumption of natural gas with the subsequent implementation of recalculation according to indications of the izmeyoritelny equipment.

21. The delivery agreement of natural gas is signed in 2 copies, in one copy for each of contracting parties. In the delivery agreements of natural gas signed between the supplier and not residential customers the following shall be specified without fail:

a) contractual amount of natural gas and its distribution quarterly or monthly, on circumstances;

b) ceased to be valid according to the Resolution of the National agency on regulation in power industry of the Republic of Moldova of 22.08.2014 No. 677

c) limits of acceptable monthly deviations by delivery and consumption of natural gas;

d) conditions and methods of compensation of the losses which resulted from non-compliance by not residential customer or supplier of the mode of the consumption defined by the agreement;

e) conditions under which the supplier is exempted from payment of losses for restriction or the termination of supply of natural gas;

f) type, number and general expense.

21-1. Delivery agreements of natural gas to not residential customers are signed with observance of conditions of this provision, based on the act of the differentiation signed by the operator of network and not residential customer and conditions of technical implementation of the contractual conditions which are in advance approved by the supplier with the operator of network. Not residential customer represents the act of differentiation to the supplier in the day planned for the conclusion of the delivery agreement of natural gas.

22. The following documents are without fail attached to the delivery agreements of natural gas signed between the supplier and not residential customers:

a) ceased to be valid according to the Resolution of the National agency on regulation in power industry of the Republic of Moldova of 22.08.2014 No. 677

b) the list of faces of the supplier and not residential customer, representatives to conduct negotiations, on the modes of consumption of natural gas, and number of their phones;

23. The delivery agreement of natural gas with residential customers in imperative procedure includes the conditions provided in appendix 1 to this Poloyozheny.

The delivery agreement of natural gas with not residential customers in imperative procedure includes the conditions provided in appendix 2 to this Provision.

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