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ORDER OF THE MINISTRY OF ENERGY AND INDUSTRY OF THE KYRGYZ REPUBLIC

of October 17, 2015 No. 152

About approval of Rules of delivery and use of natural gas and Rules of accounting of natural gas

According to Item 15 of the order of the Government of the Kyrgyz Republic "About delegation of separate rule-making powers of the Government of the Kyrgyz Republic to number of state bodies of the executive authority" of September 15, 2014 No. 530 and for the purpose of regulation of procedure for use of natural gas and streamlining of relations of the gas supplying organizations with consumers, and also single approach to question of accounting of natural gas, I order:

1. Approve enclosed:

- Rules of delivery and use of natural gas;

- Rules of accounting of natural gas.

2. To provide to the press secretary within three working days from the date of registration of this order its publication in the state and official languages in the Erkin Too newspaper and on the official website of the Government of the Kyrgyz Republic, and also on the website of the Ministry of Energy and Industry of the Kyrgyz Republic.

3. To department of fuel, gas and heat supply within one working day from the date of official publication to send to the copy of this order in duplicate in the state and official languages, paper and electronic carriers, with indication of publication source, to the Ministry of Justice of the Kyrgyz Republic for state registration.

4. To impose control of execution of this order on the Deputy Minister of Energy and the industries of the Kyrgyz Republic A.R.Kaliyeva

5. This order becomes effective after fifteen days from the date of official publication.

Minister

K. Turdubayev

Approved by the Order of the Ministry of Energy and Industry of the Kyrgyz Republic of October 17, 2015 No. 152

Rules of delivery and use of natural gas

Chapter 1. Scope

Rules of delivery and use of natural gas (further - Rules) determine relations of consumers of natural gas, the gas transmission and gas-distributing (gas supplying) organizations.

These rules act on all territory of the Kyrgyz Republic and are obligatory for individual entrepreneurs, the physical persons and legal entities occupied with delivery, transfer (transportation), distribution, sale and use of natural gas (further - gas), and also installation of the gas-using equipment and gas metering stations, carrying out regime and adjustment and commissioning of the gas-using equipment, irrespective of legal form and pattern of ownership.

These rules establish requirements for ensuring rational and effective use of gas by its delivery, transfer (transportation), distribution, sale and use.

Chapter 2. Terms and determinations

The terms and determinations used in these rules.

The residential customer - the physical person using natural gas for domestic needs in accordance with the terms of the agreement.

The budget consumer - the state or municipal body, or the legal entity created by state body or local government body, financed by means of the republican or local budget, using gas in fuel quality or raw materials.

Gas - the gaseous mix consisting of methane and heavier hydrocarbons, nitrogen, carbon dioxide, water vapor, sulfur-containing connections, inert gases.

The gas organization - the specialized organization which is engaged in activities for production (production), conversion, storage, transportation, sale of natural gas to consumers and having the license for necessary types of activity granted in accordance with the established procedure.

The gas transmission organization - the specialized organization which is operating trunk gas pipelines and constructions on them, performing activities for transportation of natural gas and having the license granted in accordance with the established procedure on this type of activity.

The gas-distributing (gas supplying) organization - the specialized organization performing operation of gas-distribution system and which is engaged in activities for distribution, sale of natural gas and having the license granted in accordance with the established procedure on these types of activity.

The gas-using equipment - complex of the devices using natural gas for technology and production needs and also the equipment used by the population to heating, hot water supply, food preparation.

Border of balance sheet accessory of property - the line of the Section of the gas pipeline between the supplier and the consumer on the basis of property, lease or use which is drawn up by the act of differentiation of balance sheet accessory (for commercial and/or budget consumers) or conditions of the relevant agreement (for residential customers).

Limit of operational responsibility - the line of the Section of elements of gas supply system of object established according to obligations (responsibility) for their operation and maintenance, with the legislation of the Kyrgyz Republic and reflected in the agreement.

Receivables - the amount of the debts which are due to the supplier from consumers.

The customer - the physical person, the legal entity or the individual entrepreneur ordering the project documentation on accession to gas supply system.

The commercial consumer - the individual entrepreneur or the legal entity using gas in fuel quality or raw materials.

Odorant - the substance with pungent characteristic smell added to gas for the purpose of timely detection of its leakage.

Final settlement - payment for delivered gas after the settlement period determined by terms of the contract.

Gas supply shutdown - the termination of supply of gas by overlapping of the disconnecting device with installation of disk cap on the giving gas pipeline, its sealing or cutting of the gas pipeline.

Having rummaged in gas supply - gas interruption in supply to the consumer for the term of more than one days.

The payment document - the payment order, the notification, the invoice for payment based on which financial calculations between the supplier and the consumer are made.

Advance payment - the advance payment for gas or service in transfer (transportation) of gas determined by terms of the contract.

The gas metering device - gage which performs one or several functions: measurement, accumulating, storage, display of information on expense (amount), temperature, pressure of gas and operating time of devices, including household appliance of accounting of gas.

Acceptance for operation of the gas-using equipment - the procedure determining readiness of the gas-using equipment for operation, which is coming to the end with signing of the act of the established sample.

The supplier - the gas and/or gas transmission and/or gas-distributing organization providing production, transportation, delivery and sale of natural gas to the consumer.

The consumer of gas (the subscriber, the subconsumer) - the physical person or legal entity acquiring gas at the supplier and using it in fuel quality and/or raw materials on the basis of the agreement.

The project documentation - the documentation containing text and graphical materials and determining architectural, functional and technology, constructive and technical concepts.

Commissioning - the complex of works including preparation for start-up and launch of the gas-using equipment with communications and armature, bringing loading of the gas-using equipment to the approved level with the consumer and also adjustment of the fuel mode of the gas-using equipment.

The mode of gas-use are parameters of gas consumption (pressure, expense and admissible amounts of gas consumption) for the accounting period.

Regime and adjustment works - the complex of works including adjustment of the gas-using equipment for the purpose of achievement of project (passport) amount of consumption of natural gas in the range of operational loads, adjustment of means of automatic control of processes of combustion of fuel, the service equipment.

The regime map - the document constituted based on regime and adjustment works and balance sheet testing, containing the key operational and control parameters of operation of the gas-using equipment, value the efficiency (E), specific fuel consumption with different productivity, the limiting parameter values controlled by automatic equipment of safety and regulation.

Reserve (emergency) fuel - fuel, held for use in case of restriction or interruption in supply of natural gas.

Settlement period - period of time for which the amount of delivered gas is determined and settlement for delivered gas between the consumer and the supplier is made.

Gas supply system - the system of gas pipelines connecting the gas organization and the consumer, including trunk gas pipelines and/or gas pipeline branches and/or gas distribution networks (gas pipelines of high, average and low pressure) which are at the gas transmission, gas-distributing organization in property or on other legal causes.

Average daily regulation of supply of gas - the scope of supply of gas determined by division of monthly scope of supply on the number of days of the corresponding month.

The subconsumer - the consumer receiving gas on the gas pipeline which is directly attached to the gas pipeline of the main consumer, the delivery agreement of natural gas having with the supplier approved with the main consumer and the established border of balance sheet accessory of the gas pipeline.

Specifications - the document regulating amount of execution by the customer and/or consumer of the technical requirements obligatory for accession to the gas pipeline.

The specification - set of the documents issued by the relevant state bodies on architecture and construction and other authorized bodies, the including act of the choice of the platform of construction, technical conditions, materials of topogeodezichesky and engineering-geological researches, architectural and construction part of object and the list of the gas-using equipment.

The fuel mode - use by the consumer of any fuel as the main or reserve.

Gas transportation - movement and transfer of gas on gas supply system.

Gas metering station - the complex of constructions, measuring instruments and devices providing accounting of amount of gas, and also control and registration of its parameters.

Force majeur circumstances - the events caused by the circumstances extraordinary and insuperable in this situation which are not allowing to provide proper accomplishment by the supplier or consumer of the agreement obligations, including (but it is not exclusive) the fire, flood, earthquake and other natural disasters, military operations, civil conflicts.

Chapter 3. Procedure for the conclusion of the delivery agreement of natural gas

Relations between the supplier and the consumer (the commercial, budget and residential customer) are regulated by the agreement in which the rights, obligations and responsibility of the parties are stipulated.

For the conclusion of the agreement the commercial, budget consumer provides to the supplier the following documents:

- the statement in which the name of object, the planned gas consumption amount is specified;

- data on the name, type and the number of the gas-using equipment, nominal consumption of gas per unit of the equipment, general hour gas consumption, operating time of the gas-using equipment;

- copies of constituent documents;

- the project documentation on gas supply;

- other data necessary for the conclusion of the delivery agreement of natural gas.

Information about subconsumers (in case of their availability) and/or reserve type of fuel (in case of its availability) shall be without fail included in the agreement.

Contractual commitments of supply of gas shall not exceed amounts, specified on accession to gas supply system, issued by the supplier. Otherwise new specifications according to requirements of these rules shall be received.

The main consumer can transmit gas to the subconsumer through the attached gas pipeline only with the consent of the supplier and by the conclusion with it of the agreement which contains information on total (total) quantity of gas, necessary for own consumption, taking into account leave to his subconsumer.

Relations of the parties by delivery and use of gas for the residential customer are regulated by the delivery agreement of natural gas to the residential customer according to appendix 3 to these rules. At the same time, the moment of making of the acceptance is day of the actual connection of the residential customer to network of gas supply of the supplier and/or acquisition of rights (property or ownership and use on the bases provided by the law) on the real estate attached to network of gas supply of the supplier.

The delivery agreement of natural gas is considered extended for the same term and on the same conditions if before the termination of term of its action any of the parties does not declare its termination.

For accession to networks of gas supply the interested physical person (further - the applicant) files petition in writing to the Supplier about connection to networks of gas supply system (further - the statement). The supplier has no right to refuse to the applicant acceptance and consideration of the application. The statement shall contain the data necessary for accession to the public agreement which list is established by internal regulations of the Supplier.

The supplier performs verification of presence of technical capability of supply of gas to the applicant, and also completeness and correctness of execution of the submitted documents and the reliability containing in them the data.

In case of property acquisition the public delivery agreement of natural gas (Appendix No. 3 to these rules) with the new owner (residential customer) is considered concluded from the moment of state registration of the transaction (purchase and sale, donation, exchange, etc.), till the moment until the new owner (residential customer) files to the Supplier the written application about agreement cancelation on supply of natural gas.

Chapter 4. Gas supply to the consumer and gas-use modes

The supplier shall make gas supply to the consumer in accordance with the terms of the agreement and exercise control of observance of the set gas-use modes.

In need of change of contractual scopes of supply of gas the budget and/or commercial consumer addresses the supplier no later than the 20th of current month for the corresponding adjustment of scopes of supply of gas next month. Adjustment of contractual scopes of supply of gas is performed within permissible loads of the mode of gas-use. Otherwise change of specifications on accession to the gas pipeline is necessary.

In case of gas supply restriction the supplier, if necessary, develops and enacts in accordance with the established procedure schedules of restriction and/or disconnection of consumers from gas supply.

In case of restriction of supply of gas and in case of emergencies of graphics of shutdown and/or restriction of supply of gas are applied first of all to the consumers having receivables.

When carrying out planned repair work on the gas pipeline and constructions for them the supplier for 3rd warns days the consumer about gas interruption in supply by all available methods.

In case of shutdown or restriction of supply of gas the consumer shall pass to reserve type of fuel.

The mode of operation of the supplier on the termination and restriction of supply of gas to the consumer in case of violation of these rules is provided in appendix 1 to these rules.

Chapter 5. Relations of the parties in case of operation of the gas-using equipment and gas networks

Border of balance sheet accessory of property - the line of the Section of the gas pipeline between the supplier and the consumer on the basis of property, lease or use. For commercial consumers the border of balance sheet accessory of property is drawn up by the act of differentiation of balance sheet accessory. For residential customers the border of balance sheet accessory of property is established according to terms of the contract.

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