THE RESOLUTION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE FIELD OF UTILITIES OF UKRAINE

of August 10, 2012 No. 276

About approval of Licensed conditions of implementation of economic activity on production of heat energy (except activities for production of heat energy on combined heat and power plants, thermal power plants, nuclear power plants and cogeneration installations and installations with use nonconventional or renewable energy resources)

According to article 6 of the Law of Ukraine "About state regulation in the field of utilities", Articles 6, of 8, 9 Laws of Ukraine "About licensing of certain types of economic activity", article 16 of the Law of Ukraine "About heat supply" the National commission performing state regulation in the field of utilities DECIDES:

1. Approve Licensed conditions of implementation of economic activity on production of heat energy (except activities for production of heat energy on combined heat and power plants, thermal power plants, nuclear power plants and cogeneration installations and installations with use nonconventional or renewable energy resources) which are applied.

2. And in the field of services in centralized water supply and water disposal (Volodin M. O.) to submit to management of licensing of subjects in the field of heat supply this resolution on state registration to the Ministry of Justice of Ukraine in the procedure established by the legislation.

3. This resolution becomes effective from the date of its official publication.

Approved by the Resolution of the National commission performing state regulation in the field of utilities of Ukraine of August 10, 2012 No. 276

Licensed conditions of implementation of economic activity on production of heat energy (except activities for production of heat energy on combined heat and power plants, thermal power plants, nuclear power plants and cogeneration installations and installations with use nonconventional or renewable energy resources)

I. General provisions

1.1. These Licensed conditions establish organizational, qualification, production and special (special) requirements of implementation of economic activity on production of heat energy (except activities for production of heat energy on combined heat and power plants, thermal power plants, nuclear power plants and cogeneration installations and installations with use nonconventional or renewable energy resources) (further - production of heat energy).

1.2. These Licensed conditions are obligatory for subjects of managing irrespective of their form of business and pattern of ownership which perform (intend to perform) economic activity on production of heat energy.

1.3. In these Licensed conditions terms are used in such value:

individual thermal Item - thermal Item from which heat supply and management of system of heatconsumption no more than one building (construction) or its part is performed;

thermal Item - specially equipped room from which control of local systems of heatconsumption is exercised (heating, hot water supply, ventilation, technology loading). In it there is transformation of parameters of the heat carrier by heat consumption types, accounting of heat and so forth;

the central heat distribution station - thermal Item to which systems of heatconsumption of two and more buildings (constructions) are attached.

Other terms are used according to the Laws of Ukraine "About heat supply" and "About licensing of certain types of economic activity".

1.4. The national commission which performs state regulation in the field of utilities performs licensing of economic activity on production of heat energy of subjects of managing if:

within the last year actions of the previous license for implementation of economic activity for production of heat energy the subject of managing performed such economic activity in the territory of two or more areas of Ukraine (including the Autonomous Republic of Crimea, the cities of Kiev and Sevastopol) or if from sources of heat energy of the subject of managing for needs of consumers heat energy in amount which exceeds 20 thousand Gcal a year was released;

the subject of managing intends to perform economic activity on production of heat energy in the territory of two or more areas of Ukraine (including the Autonomous Republic of Crimea, the cities of Kiev and Sevastopol) or to release from sources of heat energy which belong to it on the property rights or uses, for needs of consumers heat energy in amount which exceeds 20 thousand Gcal a year.

1.5. The Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations perform licensing of economic activity on production of heat energy for subjects of managing if:

within the last year actions of the previous license for implementation of economic activity for production of heat energy the subject of managing performed such economic activity in the territory of one area of Ukraine (or only in the territory of the Autonomous Republic of Crimea, the cities of Kiev or Sevastopol) or if from sources of heat energy of the subject of managing for needs of consumers heat energy in amount which does not exceed 20 thousand Gcal a year inclusive was released;

the subject of managing intends to perform economic activity on production of heat energy in the territory of one area of Ukraine (or only in the territory of the Autonomous Republic of Crimea, the cities of Kiev or Sevastopol) or to release from sources of heat energy which belong to it on the property rights or uses for needs of consumers heat energy in amount which does not exceed 20 thousand Gcal a year.

1.6. Application forms about licensing, the list of documents which are enclosed to the application of data on availability and condition of processing equipment and technical base for its servicing, data on the educational and qualification level of workers necessary for implementation of economic activity on production of heat energy, the statement for renewal of the license, statement for issue of the duplicate of the license, statement for issue of the copy of the license are given in appendices 1-7 to these Licensed conditions.

II. Conditions of implementation of economic activity on production of heat energy

2.1. Implementation of economic activity on production of heat energy is possible in case of accomplishment of such conditions:

2.1.1. Availability in property or use of the licensee of production facilities where economic activity on production of heat energy, and the corresponding processing equipment and technical base for its repair and servicing or the relevant agreements on accomplishment of repair work and provision of services on servicing will be performed.

2.1.2. Availability of workers of the appropriate educational and qualification level for implementation of economic activity on production of heat energy.

2.1.3. Ensuring accounting of heat energy which is made and released from sources of heat energy of the licensee, with use of the corresponding metering devices of heat energy.

2.1.4. Ensuring accounting of energy carriers and water which are used for production of heat energy.

2.1.5. Conducting financial accounting of economic activity on production of heat energy separately from accounting of other types of activity according to national provisions (standards) of financial accounting.

2.1.6. Non-admission of cross subsidizing.

2.2. The licensee on production of heat energy has right of access to the high-level and local (distribution) thermal networks of the heattransporting organization after accomplishment of the corresponding specifications to accession to them.

2.3. The licensee has no right to abuse monopoly position in kakoylibo to form.

2.4. Business entities which perform production of heat energy and hold the exclusive (dominating) market position of heat energy, cannot stop or reduce production volume of heat energy for the purpose of creation of deficit of heat energy if need of such restriction is not established by the legislation of Ukraine.

2.5. Licensees on production of heat energy perform its leave from sources of heat energy for needs of consumers on the rates approved by the National commission performing state regulation in the field of utilities and local government bodies within the powers determined by the legislation.

III. Organizational requirements to implementation of economic activity on production of heat energy

3.1. Subjects of managing when implementing economic activity on production of heat energy shall fulfill requirements of the legislation which regulates activities in the field of natural monopolies and heat supply.

3.2. Subjects of managing which perform (intend to perform) economic activity on production of heat energy, shall provide organizational, qualification and production requirements of implementation of economic activity on production of heat energy.

3.3. Subjects of managing when implementing economic activity on production of heat energy shall provide distribution of obligations and powers of officials, completeness by engineering employees.

3.4. Subjects of managing when implementing economic activity on production of heat energy shall provide availability of the specifications and technical documentation and regulatory legal acts concerning check of parameters of the heat carrier and ensuring accounting of heat energy.

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