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The document ceased to be valid since  July 5, 2019 according to Item 2 of the Resolution of the National commission performing state regulation in the sphere of power and utilities of Ukraine of  June 25, 2019 No. 1174

It is registered

Ministry of Justice of Ukraine

June 9, 2016

No. 835/28965

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

of March 24, 2016 No. 377

About approval of the Procedure for forming of rates for heat energy, its production, transportation and delivery, services in centralized heating and supply of hot water

(as amended on 26-03-2019)

According to article 16 of the Law of Ukraine "About heat supply", to the Laws of Ukraine "About housing and communal services", "About state regulation in the sphere of utilities", to the subitem 5 of item 4 of the Regulations on the National commission performing state regulation in the sphere of power and utilities, No. approved by the Presidential decree of Ukraine of September 10, 2014 715, the National commission performing state regulation in spheres of power and utilities decides:

1. Approve the Procedure for forming of rates for heat energy, its production, transportation and delivery, services in centralized heating and supply of hot water which is applied.

2. Declare invalid the resolution of the National commission of regulation of power industry of February 17, 2011 No. 242 "About approval of the Procedure for forming of rates for heat energy, its production, transportation and delivery", registered in the Ministry of Justice of Ukraine on March 17, 2011 on No. 366/19104.

3. On regulation of the relations in the sphere of heat supply to provide to department submission of this resolution on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation.

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

Commission chairman

D. Vovk

Approved by the Resolution of the National commission performing state regulation in the sphere of power and utilities of Ukraine of March 24, 2016 No. 377

Procedure for forming of rates for heat energy, its production, transportation and delivery, services in centralized heating and supply of hot water

I. General provisions

1.1. This Procedure determines the mechanism of forming of rates for heat energy, its production, transportation and delivery, services in centralized heating and supply of hot water for subjects of natural monopolies and subjects of managing in the adjacent markets which perform or intend to perform economic activity on production of heat energy, its transportation by the high-level and local (distribution) thermal networks (further

transportation) and deliveries, renderings of services on centralized heating and supply of hot water which are licensees of NKREKP (further - licensees).

1.2. This Procedure is applied in case of the NKREKP installation of rates for heat energy, its production, transportation and delivery, services in centralized heating and supply of hot water to subjects of natural monopolies, and also for subjects of managing in the adjacent markets specified in Item 1.1 of this Section and extends to such subjects when calculating of the specified rates.

1.3. This Procedure is not applied when forming rates for production of heat energy by combined heat and power plants, thermal power plants, nuclear power plants, the cogeneration installations and installations with use nonconventional or renewable energy resources.

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

base period - the calendar year preceding the planned period;

expenses on covering of losses - compensation of losses of the companies arising during consideration of calculations of rates, establishment and their promulgation according to requirements of article 20 of the Law of Ukraine "About heat supply" and article 31 of the Law of Ukraine "About housing and communal services", and also components of the planned profit on the basis of which rates are calculated and established;

economic needs of licensed activities - the heat energy consumed by the objects which are in property or use of the licensee for implementation of licensed activities in the sphere of heat supply except own needs of sources of heat energy;

two-part rate - monetary value of two separate parts of rate (conditional and variable and conditional and constant);

sources of financing of investing program (further - financing sources) - the means received by the licensee from implementation of licensed activities in the sphere of heat supply at the expense of which financing of actions of investing program, including the depreciation charges, production investments from profit (means in the amount provided in the established rates for accomplishment of investing programs), and other receipts received from implementation of the economic activity connected and not connected with licensed type of activity (daleesobstvenny means) and borrowed funds (bonded loans, bank loans) the raised funds (the means received from sale of shares, attracted under agreements of financial leasing, share and other fees of citizens and legal entities, investors, grants), budgetary funds and so forth is performed;

investing program - the complex of actions approved in accordance with the established procedure, for increase in level of reliability and ensuring effective work of systems of centralized heat supply, containing obligations of the subject of managing in the sphere of centralized heat supply, including on construction (to reconstruction, upgrade) objects in the specified sphere, the service quality improvement, cost reduction and losses of heat energy with the corresponding feasibility statements and calculations confirming feasibility and efficiency of expected investments and also specifying of sources of financing and the schedule of accomplishment;

the licensee - the subject of managing who obtained the corresponding licenses for production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and supply of heat energy;

licensed activities in the sphere of heat supply - economic activity of the licensee on production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and supply of heat energy;

straight-line rate on heat energy - unit cost (1 Gcal) of the heat energy of the corresponding quality realized to consumers, determined as monetary value of the planned economically reasonable costs for its production, transportation, delivery, expenses on covering of losses of the licensee, the planned profit, and not divided into conditional and variable and conditional constant component of rate;

operating activiies - the main activities of the licensee, and also other types of activity which are not investing or financial activities;

the main activities - the transactions connected with production or sales of goods, performance of works, rendering the services providing creation of the main share of the income of the company;

the planned period - the period lasting 12 months for which forming of rates is performed;

structure of rates - components of economically reasonable costs connected with production in the planned period of the licensed type of activity in the sphere of heat supply and services in centralized heating and supply of hot water which are grouped in Articles according to provisions (standards) of financial accounting approved by the Ministry of Finance and expenses on covering of losses;

rates for provision of services on centralized heating - the cost of provision of unit of service in centralized heating of the corresponding quality calculated on the basis of economically reasonable planned expenses taking into account expenses on covering of losses, the planned profit, considered in rate for heat energy which are established by NKREKP including tax on value added;

rates for provision of services on centralized delivery of hot water the cost of provision of unit of service in centralized delivery of hot water of the certain quantity and the corresponding quality calculated on the basis of economically reasonable planned expenses taking into account expenses on covering of losses, the planned profit, considered in rate for heat energy which are established by NKREKP:

for the population including tax on value added;

for needs of budgetary institutions, the religious organizations and other consumers excluding tax on value added;

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