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

of November 23, 2011 No. 439

About approval of the Regulations on expansion of distribution power supply networks and Regulations on expansion of distribution networks of natural gas

For the purpose of regulation of procedures of expansion of distribution networks of natural gas and distribution power supply networks, and also the responsibilities of the parties involved in process of expansion of these networks based on provisions of Art. 42 of 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) and Art. 40 of the Law on electrical energy, No. 124-XVIII of December 23, 2009. (The official monitor of the Republic of Moldova, 2010, No. 23-24, the Art. 33) the Administrative board of the National agency on regulation in power DECIDES:

1. Approve Regulations on expansion of distribution power supply networks.

2. Declare invalid the Resolution of Administrative board of the National agency on regulation in power No. 93 of May 19, 2003 about approval of the Regulations on expansion of distribution power networks and Regulations on expansion of distribution gas networks (The official monitor of the Republic of Moldova, 2003, No. 215-217, the Art. 291), registered by the Ministry of Justice at number 343 of August 4, 2003.

3. To impose control of application of the approved provision by operators of network on Department of regulation, investments and quality and Department of rates, analysis and control.

Approved by the Resolution of the NARE Administrative board of November 23, 2011 No. 439

Regulations on expansion of distribution power supply networks

Part 1 General provisions

1. The regulations on expansion of distribution power supply networks (further the Provision) are developed according to the Law on electrical energy No. 124-XVIII of December 23, 2009. (The official monitor of the Republic of Moldova, 2010, No. 23-24, the Art. 33) also establishes procedures of expansion of the distribution power supply networks and responsibility of the parties involved in expansion of distribution power supply networks.

2. The provision extends to activities of operators of distribution networks, to bodies of local public administration and to the existing and potential final consumers of electrical energy.

3. The operator of distribution network is responsible for expansion of the distribution power supply network in the conditions of cost efficiency, in the authorized territory, in connection with increase in demand for electrical energy and in case of new settlements, new residential districts, new quarters, new industrial zones or in case of development of the existing settlements, residential districts, quarters, industrial zones.

4. The bodies of local public authority concerning construction of energy subjects to local appointment are responsible for:

a) issue, at the request of the operator of distribution network, the permission for construction of the distribution power supply network according to the law;

b) for development, according to regulations, construction projects of distribution power supply networks of local value based on the permissions to connection issued by the operator of distribution networks and according to town-planning plans and plans of arrangement of the territory, and also for submission of the corresponding projects to the operator of distribution network;

c) the solution of the questions connected with allocation of the parcels of land for placement of the distribution power supply network in cases of emergence of new settlements, residential districts, quarters, industrial zones or in case of development of the existing settlements, residential districts, quarters, industrial zones;

d) the decision, according to the procedure and conditions established by the law, the questions connected with obtaining by the operator of distribution network of the right to use of the parcels of land which are in ownership or in use of other person or expropriation of the respective sites according to the law. After transition of the expropriated site to public property of administrativnoterritorialny unit, the expropriated site it is transferred to free use to the operator of distribution network for accomplishment of necessary construction works or operation of distribution power supply networks.

5. The concepts used in this Provision have the following values:

association - association of owners of the parcels of land for construction of private houses;

the investor - the physical person or legal entity developing the residential residential district or residential quarters;

the applicant - any physical person or legal entity which submitted the application for receipt of permission to connection;

the authorized territory - geographically differentiated area within which the operator of distribution network has the right to perform activities for distribution of electrical energy.

Part 2 Procedure of expansion of the distribution power supply network

6. The procedure of expansion of the distribution power supply network described in this Provision is applied in case of new settlements, residential districts, quarters and industrial zones or in case of development of the existing settlements, residential districts, quarters and industrial zones according to master, zone, detailed town-planning plans or according to plans of improvement of the territory of administrative and territorial unit, the approved bodies of local public authority. The procedure of expansion is applied also in case of increase in handling capacity of the distribution power supply network in connection with increase in demand for electrical energy by the existing final consumers.

7. Before approval of the town-planning plan or plan of improvement of the corresponding territory (the settlement, the residential district, the quarter, the industrial zone) bodies of local public authority will address the operator of distribution network for response on the draft of the corresponding plan.

8. The operator of distribution network performing activities in the authorized territory shall provide at the request of body of local public authority response on the draft of the town-planning plan or for the draft of the plan of improvement of the corresponding territory, according to the Law on fundamentals of town planning and arrangement of the territory No. 835-XIII of May 17, 1996 (The official monitor of the Republic of Moldova, 1997, No. 1-2, the Art. 2).

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