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

of October 15, 2015 No. 2585

About approval of the Procedure for forming of investing programs of licensees on production of electrical and heat energy on combined heat and power plants and cogeneration installations

According to the Laws of Ukraine "About power industry" and "About bases of functioning of the market of electrical energy of Ukraine", item 4 of the Regulations on the National commission performing state regulation in the field of power and utilities, No. approved by the Presidential decree of Ukraine of September 10, 2014 715, the National commission performing state regulation in the field of power and utilities decides:

1. Approve the Procedure for forming of investing programs of licensees on production of electrical and heat energy on combined heat and power plants and cogeneration installations which is applied.

2. On regulation of the relations in the field of power in accordance with the established procedure to provide to department 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 performing state regulation in the field of power and utilities of Ukraine of October 15, 2015 No. 2585

Procedure for forming of investing programs of licensees on production of electrical and heat energy on combined heat and power plants and cogeneration installations

I. General provisions

1.1. This Procedure determines the procedure of representation, forming, consideration, approval, review and accomplishment of investing programs of licensees for the purpose of determination of justification of the capital investments and/or expenses planned by the licensee when forming, calculating, establishment of rates (prices) of leave of electrical energy and/or production of heat energy (further - rates, the prices) on the principles of economic feasibility and target use of means by the licensee.

1.2. Action of this Procedure extends to subjects of managing who perform economic activity on production of electrical and heat energy on combined heat and power plants and cogeneration installations and obtained the license for the right of implementation of such economic activity (further - licensees).

1.3. In this Procedure terms are used in the following values:

base period - the period of action of investing program preceding forecast period lasting, as a rule, calendar year;

the accounting period - the period of action of investing program for which the licensee reports on accomplishment of investing program quarterly with the accruing result and following the results of year;

investing program - the plan of capital investments and capital investments for increase in the level of reliability and profitability of work of fixed assets (generating and the service equipment of producers of electrical and heat energy) which contains complex of obligations of the licensee for their accomplishment on development of the licensee, sources of their financing, the schedule of accomplishment and the explanatory note;

forecast period - the period of action of investing program during which the licensee plans accomplishment of investing program (as a rule, calendar year).

1.4. The licensee provides accuracy of the information, specified in investing program.

1.5. The licensee shall use the means determined as financing source of investing program, is exclusive on its accomplishment according to the schedule determined by investing program.

1.6. Consideration of question of approval of investing program is preceded by its open discussion on places according to Procedure for carrying out open discussion of drafts of decisions of the National commission performing state regulation in spheres of power and utilities, the approved resolution of NKREKP of June 30, 2017 No. 866.

1.7. The decision on approval of investing program or introduction of changes in it is accepted by NKREKP at meeting in the form of open hearing by comprehensive and complete clarification of line items of all participants of open session after consideration and processing of NKREKP of investing program or the materials offered in it and provided according to requirements of this Procedure.

By consideration of question of approval of investing program or introduction of changes in it representatives of the licensee, and other concerned parties are invited to meeting of NKREKP in the form of open hearing (in case of need).

The paragraph third is excluded according to the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of 07.06.2019 No. 953.

II. Requirements to investing programs

2.1. For the purpose of reasons for the planned expenses of the licensee directed to reconstruction, upgrade and development of fixed assets, other assets of the licensee to NKREKP the investing program in the form given in appendix 1 to this Procedure moves.

2.2. Financing sources of investing program are created by the licensee of such Articles:

depreciation charges;

the profit on production investments provided by rates (prices);

additional sources.

The credits, decisions on possibility of which attraction are previously approved by NKREKP, any financial aid, means received from implementation of the activities connected and not connected with production of electrical and heat energy and other sources according to requirements of the current legislation, can be additional financing sources of investing program.

2.3. The investing program is created according to the Sections determined by this Procedure with indication of the amount of financing on each of Sections (excluding tax on value added (further - the VAT)) and includes:

1) information on forecast general technical and economic provision of the licensee on end date of the operating investing program taking into account actions of the operating investing program;

2) the description of the planned actions (works) for forecast period;

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