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The document ceased to be valid according to the Resolution of the National commission which performs state regulation in the field of utilities of Ukraine of May 31, 2017 No. 725

Registered by

in the Ministry of Justice of Ukraine

August 31, 2012.

No. 1467/21779

THE RESOLUTION OF THE NATIONAL COMMISSION WHICH PERFORMS STATE REGULATION IN THE FIELD OF UTILITIES OF UKRAINE

of August 10, 2012 No. 277

About approval of Licensed conditions of carrying out economic activity on transportation of heat energy by the high-level and local (distribution) thermal networks

(as amended on 23-05-2014)

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 which performs state regulation in the field of utilities DECIDES:

1. Approve Licensed conditions of carrying out economic activity on transportation of heat energy by the high-level and local (distribution) thermal networks which are applied.

2. And in the field of services in centralized water supply and drainage system (Volodin M. O.) to provide 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.

 

Deputy. Commission chairman Yu. Hivrich

Approved by the Resolution of the National commission which performs state regulation in the field of utilities of Ukraine of August 10, 2012 No. 277

Licensed conditions of carrying out economic activity on transportation of heat energy by the high-level and local (distribution) thermal networks

I. General provisions

1.1. These Licensed conditions establish production, organizational, qualification and special (special) requirements of carrying out economic activity on transportation of heat energy by the high-level and local (distribution) thermal networks (further - transportation 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 carry out (intend to carry out) activities for transportation 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, etc.;

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", the Instructions for use heat energy approved by the resolution of the Cabinet of Ministers of Ukraine of October 03, 2007 No. 1198.

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

within the last year actions of the previous license for carrying out economic activity for transportation 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 thermal networks and thermal Items of the subject of managing for needs of consumers heat energy in amount which exceeds 18 thousand Gcal a year was released;

the subject of managing intends to perform economic activity on transportation 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 intends to release from thermal networks and thermal Items for needs of consumers heat energy in amount which exceeds 18 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 transportation of heat energy of subjects of managing if:

within the last year actions of the previous license for carrying out economic activity for transportation 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) and at the same time from thermal networks and thermal Items of the subject of managing for needs of consumers heat energy in amount to 18 thousand Gcal a year inclusive was released;

the subject of managing intends to perform economic activity on transportation 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) and at the same time intends to release from thermal networks and thermal Items for needs of consumers heat energy in amount to 18 thousand Gcal a year inclusive.

1.6. Application forms about licensing, the list of documents which are enclosed to the application of the sheet about availability of the material and technical resources necessary for carrying out the corresponding type of economic activity, the list of pipelines which are in use of the applicant, their technical characteristic and annual transportation loads of heat energy, the list of metering devices with indication of places of their establishment, the sheet about technical condition of pipelines and constructions on them (based on operational documentation on such objects), statements for renewal of the license, the statement for issue of the duplicate of the license, the statement for issue of the copy of the license are given in appendices 1-9 to these Licensed conditions.

II. Conditions of carrying out economic activity on transportation of heat energy

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

2.1.1. Stay in property or use of the licensee of the high-level or local (distribution) thermal networks which provide transportation of heat energy.

2.1.2. Availability of the agreement of use of the high-level or local (distribution) thermal network which is used by the licensee for providing licensed type of activity, with their owner.

2.1.3. Conducting economic activity on transportation of heat energy only in the territory where the high-level and local (distribution) thermal networks which are in property or use of the licensee are located.

2.1.4. Availability at the licensee of agreements (or the previous agreements) with the heatsupplying organizations on transportation of heat energy by the high-level and local (distribution) thermal networks.

2.1.5. Availability of project and executive documentation on the high-level and local (distribution) thermal networks and (in the presence) thermal Items which are in property or use of the licensee and provide transportation of heat energy.

2.1.6. Conducting economic activity on transportation of heat energy by the principles of ensuring reliability of transportation and zero accident rate of operation of the high-level and local (distribution) thermal network and thermal Items (in the presence) which are in property or use of the licensee and provide transportation of heat energy.

2.1.7. Ensuring accounting of receipt of heat energy in the high-level and local (distribution) thermal networks and thermal Items of the licensee and its leave from thermal networks and thermal Items of the licensee with use of the corresponding metering devices of heat energy established on border of balance sheet accessory (responsibility) or frame of sale of heat energy.

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

2.1.9. Providing the equal rights of access to thermal networks for all heatgenerating and heatsupplying organizations, and in case of insufficiency of throughput of thermal networks - observance of the established mechanism of distribution of heat energy.

2.1.10. Non-admissions of cross subsidizing.

2.2. The licensee shall attach the heatgenerating organization which intends to perform activities for production of heat energy, after accomplishment of specifications and the conclusion of the Treaty of Accession to thermal network. Disputes on amount of works, specified on accession, are considered according to the current legislation.

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

2.4. The licensee has no right to refuse to the heatgenerating and heatsupplying organization transportation of heat energy if it technical capabilities of system allow.

2.5. The licensee has no right to refuse to the consumer of heat energy accession to the thermal network of the heatused installations of the consumer in case of accomplishment by the consumer of the corresponding specifications within handling capacity of thermal networks.

2.6. Licensees on transportation of heat energy perform its transportation on the rates approved by the National commission which performs state regulation in the field of utilities, and local government bodies within the powers determined by the legislation.

III. Organizational requirements to carrying out economic activity on transportation of heat energy

3.1. Subjects of managing which carry out (intend to carry out) economic activity on transportation of heat energy, shall adhere to requirements of the legislation which regulates activities in the field of natural monopolies and in the field of heat supply.

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