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

of March 22, 2017 No. 309

About approval of Licensed conditions of implementation of economic activity on production of electrical energy

According to article 13 of the Law of Ukraine "About power industry", to articles 6 and 7 of the Law of Ukraine "About licensing of types of economic activity" and article 17 of the Law of Ukraine "About the National commission performing state regulation in the field of power and utilities" the National commission performing state regulation in spheres of power and utilities decides:

1. Approve Licensed conditions of implementation of economic activity on production of electrical energy which are applied.

2. To licensees which perform economic activity on production of electrical energy to bring the economic activity into accord with requirements of this resolution and to file to NKREKP documents and data determined by part three of article 15 of the Law of Ukraine "About licensing of types of economic activity" within three months from the date of official publication of this resolution.

3. This resolution becomes effective in two months from the date of publication in the official printing publication - the Pravitelstvenny Kuryer newspaper.

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of March 22, 2017 No. 309

Licensed conditions of implementation of economic activity on production of electrical energy

1. General provisions

1.1. These Licensed conditions establish the exhaustive list of the documents enclosed to the application for receipt of the license for implementation of economic activity on production of electrical energy and also determine the exhaustive list of the requirements, conditions and rules obligatory for accomplishment when implementing of the licensed activities.

1.2. The licensee shall fulfill requirements of these Licensed conditions, and the license applicant for its obtaining - to answer these Licensed conditions.

1.3. Activities for production of electrical energy of subjects of managing are subject to licensing if the size of installed capacity of the electrogenerating equipment constitutes 5 MW and more, either the subject or the subject of managing has intention of sale of the electrical energy made from alternative energy sources or cogeneration installation (except the domain and coked gases, and with hydraulic power use - only micro, mini-and small hydroelectric power stations), in the wholesale market of electrical energy of Ukraine irrespective of installed capacity power generation facility.

1.4. In these Licensed conditions terms are used in the following values:

the installed capacity is rated active electric power of the electrogenerating equipment intended for production of electrical energy or the combined production of electrical and heat energy which is part of power generation facility, and with which the electrogenerating equipment can work long time without overload according to technical documentation or the passport of the equipment;

the electrogenerating equipment - complex of functionally interconnected equipment which performs production of electrical energy and consists of one or more generators or other equipment used for transformation of energy resources of any origin to electrical energy;

general licensed electrical power capacity - total installed capacity of policy tools of economic activity of all power generation facilities of the subject of managing on which economic activity on production of electrical energy is performed;

policy tool of economic activity - the electrogenerating equipment located on power generation facility which is functionally interconnected with other equipment and constructions intended for production of electrical energy;

the place of implementation of economic activity - object (the room, the building, the parcel of land and/or the territory) within which activities for production of electrical energy are performed;

power generation facility - power plant (electroinstallation, cogeneration installation), including (start-up complexes) put into operation of queue of construction of power plant;

cross subsidizing - movement of the income from implementation of economic activity on production of electrical energy for financial support of other type of economic activity within one (except cases when such other type of activity is technology transaction of process of conversion of household waste) or several business entities;

purpose (use) of money - use of the means received from implementation of the licensed type of activity in the directions and amounts determined by structure of the approved rate for production of electrical energy.

Other determinations and terms provided in these Licensed conditions are used in the values given in the laws of Ukraine "About power industry", "About the combined production of heat and electrical energy (cogeneration) and use of waste power potential", "About bases of functioning of the market of electrical energy of Ukraine", "About licensing of types of economic activity".

1.5. The license applicant who intends to perform economic activity on production of electrical energy (further - the licensed activities) gives to the National commission performing state regulation in the field of power and utilities (further - NKREKP), the statement for receipt of the license in form according to appendix 1 to Licensed conditions.

1.6. To the statement for receipt of the license by the license applicant documents according to the following list which is exhaustive are provided:

1) the passport copy of the head of the license applicant (or the authorized representative) with mark of body of the State Tax Service about the notification on refusal on the religious beliefs of adoption of registration number of accounting card of the taxpayer (moves only physical persons entrepreneurs who on the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and notified on it relevant organ of the State Tax Service);

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