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Ministry of Justice of Ukraine

July 24, 2015

No. 897/27342

ORDER OF THE MINISTRY OF FUEL AND ENERGY OF UKRAINE

of July 10, 2015 No. 440

About approval of the Procedure of actions for partial or complete cessation of difference of overflows of electrical energy in points of its accounting

According to the Law of Ukraine "About power industry", to the subitem 5 of Item 11 of the resolution of the Cabinet of Ministers of Ukraine of May 7, 2015 No. 263 "About features of regulation of the relations in the field of power industry in the territory where public authorities temporarily do not perform or is performed in full by the powers" order:

1. Approve the Procedure of actions for partial or complete cessation of difference of overflows of electrical energy in points of its accounting which is applied.

2. To management concerning functioning and reforming of electric utility sector (Ognev A. V.) in accordance with the established procedure to submit this order on state registration to the Ministry of Justice of Ukraine.

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

4. To impose control over the implementation of this order on the deputy minister Svetelik A. D.

Minister of Energy and Coal Industry of Ukraine

V. Demchishin

Approved by the Order of the Ministry of Fuel and Energy of Ukraine of July 10, 2015, No. 440

Procedure of actions for partial or complete cessation of difference of overflows of electrical energy in points of its accounting

I. General provisions

1. This Procedure establishes the procedure of implementation of actions of the wholesale supplier, GP "NEK "Ukrenergo", electric power producers, DTEK Donetskoblenergo public joint stock company and Luhansk Energy Combining limited liability company which buy/sell difference of overflows of electrical energy moved in the controlled territory (yu) about the uncontrollable territory(territories) of the Donetsk and Luhansk regions respectively (further - the power supplier performing activities in the uncontrollable territory), on partial or complete cessation of difference of overflows of electrical energy from the uncontrollable territory of Ukraine on the controlled territory of Ukraine and/or from the controlled territory of Ukraine on the uncontrollable territory of Ukraine in points of its accounting (further - difference of overflows of electrical energy).

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

the electric power producer - the subject of managing who owns or uses the generating capacities on legal causes makes electrical energy for the purpose of its sale;

the bilateral agreement - the purchase and sale agreement of difference of overflows of electrical energy between the wholesale supplier and the power supplier performing activities in the uncontrollable territory;

GP "NEK "Ukrenergo" - the state company exercising centralized dispatching (operational) control of the integrated power system of Ukraine;

DChORE - the agreement between members of the wholesale market of electrical energy of Ukraine;

power suppliers are participants of the wholesale market of electrical energy of Ukraine who buy electrical energy in this market for the purpose of its sale and/or delivery to consumers;

the controlled territory - the territories where public authorities perform the powers in full;

the uncontrollable territory - the territory where public authorities temporarily do not perform or perform not in full the powers;

the wholesale market of electrical energy - the market which is created by business entities for purchase and sale of electrical energy based on DChORE;

the accounting point - accounting point which is included to certain central executive body creates and provides realization of state policy in electrical power complex, the list of points of accounting of electrical energy in which the wholesale supplier performs sale of difference of overflows of electrical energy based on the agreements signed with DTEK Donetskoblenergo public joint stock company and Luhansk Energy Combining limited liability company and in which the wholesale supplier performs purchase of difference of overflows of electrical energy based on the agreements signed with the electric power producers performing activities in the uncontrollable territory.

II. Main objectives

1. Measures for partial or complete cessation of difference of overflows of electrical energy in points of its accounting from the uncontrollable territory on the controlled territory and/or from the controlled territory of Ukraine on the uncontrollable territory are performed in the following cases:

1) in case of failure to carry out by the power supplier performing activities in the uncontrollable territory, the obligations provided by DChORE and/or the bilateral agreement;

2) in case of non-compliance by the electric power producers located in the uncontrollable territory and power suppliers of dispatching teams when implementing in real time of centralized dispatching (operational and technology) management of the integrated power system of Ukraine in real time regarding exceeding of the actual difference of overflows of electrical energy from the uncontrollable territory towards the controlled territory over planned size (according to daily dispatching schedules) or the approved GP "NEK "Ukrenergo" in accordance with the established procedure size (in case of emergencies, etc.).

2. In case of failure to carry out by the power supplier performing activities in the uncontrollable territory, the obligations provided by DChORE and/or the bilateral agreement on payment in full for the difference of overflows of electrical energy purchased from the wholesale supplier for settlement month such actions are carried out:

1) the wholesale supplier sends to the power supplier performing activities in the uncontrollable territory the requirement to urgently repay the debt or to independently provide decrease to the amounts of consumption of electrical energy specified by the wholesale supplier within five calendar days from the moment of receipt of the requirement.

2) the power supplier performing activities in the uncontrollable territory after receipt of the specified requirement shall take measures for debt repayment in the shortest possible time;

Creates 3) in case of failure to carry out by the power supplier performing activities in the uncontrollable territory, requirements of the wholesale supplier according to the subitem of 1 this Item the wholesale supplier in coordination with the central executive body and provides realization of state policy in electrical power complex, sends to the power supplier performing activities in the uncontrollable territory, warnings of partial or complete cessation of difference of overflows of electrical energy in five calendar days after day of obtaining by the power supplier performing activities in the uncontrollable territory, the specified prevention.

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