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

of August 22, 2014 No. 676

About approval of the Regulations on the procedure of change of supplier of natural gas by final consumers

For the purpose of regulation of the procedure of change of supplier of natural gas by final consumers, based on provisions of the Art. 8 part (1), the subitem r), 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 the procedure of change of supplier of natural gas as final consumers it (is applied).

2. To impose control of application of the approved Provision by participants of the natural gas market on legal department and licensing and on department of investments and quality.

Approved by the Resolution of Administrative board of the National agency on regulation in power industry of the Republic of Moldova of August 22, 2014 No. 676

Regulations on the procedure of change of supplier of natural gas by final consumers

Part 1. General provisions

1. The regulations on the procedure of change of supplier of natural gas by final consumers (further – this Provision) establish the rights and obligations of the Parties involved in the procedure of change of supplier of natural gas by final consumers and also provide conditions and terms of implementation of this procedure.

2. This Provision is applied in particular to final consumers, suppliers of natural gas, operators of distribution networks and to operators transferring networks.

3. This Provision is inapplicable in case of appointment of the guaranteeing supplier for supply of natural gas to final consumers based on the resolution accepted for this purpose by National regulation agency in power (further – the Agency), based on the Natural Gas Act.

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

the current supplier - the supplier of natural gas which according to the signed agreement with the final consumer, performs supply of natural gas before date with which the new delivery agreement of natural gas signed with the new supplier becomes effective;

the new supplier - the supplier of natural gas which shall provide delivery service of natural gas, according to the new delivery agreement of natural gas which execution begins from the date of completion of the procedure of the change of supplier of natural gas specified in the relevant agreement;

the operator of network – the operator of the transferring network, operator of distribution network;

change of supplier of natural gas – action which during agreement performance on supply of natural gas the final consumer expresses freely made decision to stop contractual relations with the current supplier and to sign the delivery agreement of natural gas with the new supplier.

Part 2. Main conditions for change of supplier of natural gas

5. The final consumer has the right to replace the supplier of natural gas for all places of consumption or for some places of consumption belonging to it. For one place of consumption the final consumer has the right to sign only one delivery agreement of natural gas.

6. The final consumer can keep the procedure of change of supplier of natural gas or the new supplier can keep the procedure of change of supplier of natural gas on the basis of the power of attorney constituted according to provisions of the Civil code.

7. For change of supplier of natural gas the final consumer shall notify the current supplier and the operator of network on intention to terminate the delivery agreement of natural gas in 20 (twenty) calendar days prior to the date offered for agreement cancelation on supply of natural gas.

8. For change of supplier of natural gas the final consumer shall pay completely everything the invoices exposed for the place (places) of consumption where it is supposed to replace the supplier of natural gas, in terms and on the conditions established by this Provision.

9. If as a result of suspension of the procedure of change of supplier of natural gas the date offered for agreement cancelation on supply of natural gas, specified in the notification on change of supplier of natural gas can be exceeded, the procedure of change of supplier of natural gas needs to be repeated.

10. With the consent of the current supplier the new supplier can assume in parts or in full according to the civil legislation debts of the final consumer to the current supplier. In this case the procedure of change of supplier of natural gas does not stop.

11. Supply of natural gas according to the agreement signed with the new supplier begins in the day specified in the notification on agreement cancelation supply of natural gas, the sent final consumer according to Items 20, of 21 this provision provided that the procedure of change of supplier was not suspended or stopped.

12. In case of change of supplier of natural gas for the specified place (the specified places) of consumption upon the demand of the final consumer the operator of network shall sign the service provision agreement on transfer of natural gas, the service provision agreement on distribution of natural gas with the final consumer or with the new supplier, occasionally. In case of change of supplier of natural gas by the final consumer the principle "is applied handling capacity follows the consumer".

13. The measuring equipment installed at the place of consumption of not residential customer who requires change of supplier of natural gas shall conform to requirements of the Regulations on measurement of the natural gas for commercial purposes approved by the Resolution of Agencies No. 385 administrative board of August 12, 2010 according to the Natural Gas Act.

14. If the measuring equipment installed on site consumption of not residential customer for which the supplier of natural gas changes does not conform to the requirements provided in Regulations on procedure for measurement of natural gas for commercial purposes, then the measuring equipment changes not residential customer at own expense prior to the procedure of change of supplier of natural gas.

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