THE RESOLUTION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE SPHERE OF POWER, UKRAINE

of July 18, 2013 No. 999

About the Approval procedure and adjustments of investment component in rate for electrical energy

According to the Law of Ukraine "About power industry", Regulations on the National commission performing state regulation in the sphere of power the approved Presidential decree of Ukraine of November 23, 2011 1059, the order of the Cabinet of Ministers of Ukraine of September 08, 2004 No. 648-r "About measures for reconstruction and upgrade of thermal power plants and combined heat and power plants during the period till 2020" the National commission performing state regulation in the sphere of power DECIDES: No.

1. Approve the Approval procedure and adjustments of investment component in rate for electrical energy it (is applied).

2. In accordance with the established procedure to provide to management of power market submission of this resolution on state registration in the Ministry of Justice of Ukraine.

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

Approved by the Resolution of the National commission which performs state regulation in the sphere of power, Ukraine of July 18, 2013 No. 999

Approval procedure and adjustments of investment component in rate for electrical energy

I. General provisions

1.1. This Procedure No. 648-r "About measures for reconstruction and upgrade of thermal power plants and combined heat and power plants during the period till 2020" (further - the Rebuilding plan) taking into account the Procedure for preparation and financing of projects with the purpose of implementation of the rebuilding plan and upgrade of thermal power plants approved by the order of the Ministry of Fuel and Energy of Ukraine of May 24, 2006 No. 183, registered in the Ministry of Justice of Ukraine on June 13, 2006 for No. 701/12575 is developed according to the order of the Cabinet of Ministers of Ukraine of September 08, 2004 (further - the Procedure for preparation and financing of projects).

1.2. This Procedure determines conditions and the procedure of approval and adjustment of investment component in rate for electrical energy which is on sale in the Wholesale market of electrical energy of Ukraine.

1.3. This Procedure is not applied in case of accomplishment of obligations on return of the investments involved on financing of projects of reconstruction of power units and other equipment of thermal power plants (further - thermal power plant) according to international treaties of Ukraine or if the procedure of their return is determined by the separate decision of the Cabinet of Ministers of Ukraine.

1.4. In this Procedure the provided terms are used in such values:

the schedule of reconstruction of power units - the schedule of reconstruction and/or technical retrofitting (upgrade) of power units of thermal power plant which determines the expected terms of the beginning and the end of physical projects implementation of reconstruction, approved by the central executive body which provides forming and realizes state policy in electrical power complex;

ecological actions of the project of reconstruction - action for implementation of equipment which purpose of functioning is decrease in negative impact of the pollutants on the environment resulting from productive activity of thermal power plant;

examination - examination of the project documentation of objects of reconstruction, technical retrofitting of subjects to production appointment on such blueprint stages as the feasibility statement, technical and economic calculation, the outline sketch, the project, the working project which is carried out by the expert organizations which answer the criteria determined by the central executive body providing forming of state policy in the sphere of town-planning, and information on which will be promulgated on its official website;

investments - all types of financial, material and intellectual resources which are used for reconstruction project implementation;

investment component - means which are considered as component in the rates for electrical energy created according to Rules of the Wholesale market of electrical energy of Ukraine which shall be used for return of the credits and investments and bond redemption, from which means are used for the purpose of accomplishment of the rebuilding plan;

the company - the power generation company which part thermal power plants are;

payment on reduction - payment concerning the size of reduction of payment of the company which is established according to Rules of the Wholesale market of electrical energy of Ukraine;

the current account with the special mode of use - the account opened by the company in authorized bank and intended only for receipt of funds of investment component for return of the investments used for reconstruction project implementation;

the project of reconstruction - the project of reconstruction and/or technical retrofitting (upgrade) of power units and other equipment of thermal power plant which are provided in the Rebuilding plan;

the project documentation - the approved text and graphical materials which determine town-planning, space-planning, architectural, technical, technology solutions, and also estimates of construction objects according to the operating construction regulations of Ukraine;

the commissioning organization - subject of managing which according to the legislation carries out works on start-up, adjustment, enhancement of technology and operation of thermal power plant and power networks;

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