Decree No. 127 / 2017 Coll.

Decree amending Decree No. 408 / 2015 Coll., on Electricity Market Rules

Valid Effective from 01.06.2017
127
DECLARATION
of 12 April 2017
amending Decree No. 408 / 2015 Coll., on Electricity Market Rules
Pursuant to Section 98a (2) (h) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., Act No. 211 / 2011 Coll., Act No. 90 / 2014 Coll. and Act No. 131 / 2015 Coll., and under Section 53 (2) (g), (h), (j) and (k) of Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended by Act No. 131 / 2015 Coll.:
Čl. I
Decree No. 408 / 2015 Coll., on Electricity Market Rules, is amended as follows:
1. In Paragraph 10 (6), "or 'is replaced by" or'.
2.
„§ 17
(1) The collection or transfer points of the electricity market participants which are not registered in accordance with the procedure laid down in Article 16 (6) shall be registered by the local distribution system operator with the market operator as aggregate customer demand points or aggregate transmission points of electricity producers individually according to the type of measurement. For these demand points or transfer points, the local distribution system operator shall transmit data to the market operator in the range and dates specified for the relevant measurement type in accordance with § 20 to 22.
(2) Where a supply to and from the electricity system is carried out in a new electricity generation plant, the transmission or distribution system operator shall register a separate place for the supply of electricity and a separate place for electricity.
(3) The transmission or distribution system operator shall register the transmission or distribution system separately for the supply of electricity with the electricity system in which the supply to the electricity system is carried out, as well as the electricity from the electricity system, for the supply of electricity and for the electricity specified in the first sentence only at the request of the electricity producer.
(4) The customer sample point to which the electricity generation plant is connected pursuant to Article 28 (5) of the Energy Act, the distribution system operator registers as a customer sampling point with a 10 kW mark, which is equipped with continuous measurement of the electricity generation plant, and the market operator shall immediately inform the supplier and clearing entity concerned thereof. Where a customer operating a power plant pursuant to Article 28 (5) of the Energy Act becomes a licence for the production of electricity, it shall immediately notify the transmission or distribution system operator, which shall register separately for the supply of electricity and for electricity.
(5) In the event of a change of supplier at the customer's demand point, the new supplier shall ensure, together with the distribution system operator, that the customer's demand point is registered in the market operator's information system as long as the supplier provides the supply of electricity to that customer's demand point and the distribution system operator sends to that customer's demand point the measured electricity consumption data referred to in paragraphs 20 to 22 on the transmission of data and on the billing of electricity and related services.
(6) The registered sampling point has active status. The transmission or distribution system operator shall change the status of the active registered demand point to that of:
(a) interrupted in the event of interruption of supply at the supplier's request pursuant to Paragraph 30 (1) (d) of the Energy Act;
(b) inactive in the case of inclusion of a sampling point in the sum of the data transfers; or
(c) without an electrometer in the case of non-installation of the sampling point by an electrometer, except in the cases referred to in (a).
(7) The transmission or distribution system operator shall maintain the current status of the assigned demand point status. Departure points with a status interrupted, inactive and a status without an electrometer shall not include a market operator in the assessment of deviations and shall not receive data pursuant to § 20 to 22. The change in the demand point status shall be registered by the transmission or distribution system operator in the market operator information system no later than 4 working days after the date of the change. The market operator shall subsequently inform the registered electricity market participants concerned thereof. After assigning the status suspended, inactive or non-electrometer status, the market operator shall remove all the values of the sampling point transmitted pursuant to § 20 to 22 in the market operator information system from the date of validity of the status assignment and for such sampling points the market operator shall not perform the determination of the values pursuant to § 20 (2).
(8) If the customer's demand point is not assigned to the settlement entity, the market operator shall not include such a demand point in the assessment of the deviations. If the transfer point is not assigned to the clearing entity, the market operator shall not include such a transfer point in the assessment of derogations. On the day following the termination of the assignment of the clearing entity to the transfer point of the market operator, the supplier shall cancel the assignment of the transmission point of the production facility in the market operator information system where a new clearing entity is not assigned to the transfer point of the production facility. On the day following the termination of the allocation of the clearing entity to the sampling point, the market operator shall cancel the allocation of the supplier to the sampling point in the market operator's information system if a new clearing entity is not assigned to the sampling point and, from the day following the end of the allocation of the clearing entity, the supply of the final entity pursuant to Paragraph 59 (4) shall start at that sampling point. The market operator shall inform the market operator of the transmission system operator or relevant distribution system operator, the supplier concerned and the original clearing entity, through the information system.
(9) The electricity producer shall register the electricity plant for the purposes of the transmission of the data referred to in Article 49 (1), with the exception of the generation of electricity connected to the demand point pursuant to Article 28 (5) of the Energy Act, in the information system of the market operator in an appropriate manner in accordance with the Regulation on the registration of aid procedures with the market operator and the implementation of certain other provisions of the Act on Supported Energy Sources, without data on banking connections and without data on investment costs and investment aid.
(10) The collection point to which the rate for non-measured withdrawals has been granted pursuant to the Authority's pricing decision shall not be registered in the market operator information system.
(11) In the event of the termination of a demand or transfer point, the transmission or distribution system operator shall cancel the registration of the demand or transfer point in the market operator information system. ';
3. In Article 18 (2), the words "electricity generation points registered pursuant to Article 17 (2) 'are replaced by the words" production sites which have a separate power supply point and a separate power supply point'.
4. In Paragraph 18 (3), at the end of the first sentence, the words "not later than 22.00 hours of the last day before the required effective date 'shall be added.
5. in Article 20 (1) (a) (2), the words "pursuant to Article 17 (5)" shall be replaced by the words "or in a non-electrometer status according to Article 17 (6)."
6. In Paragraph 20 (1) (b), at the end of point 3, comma is replaced by "a 'and point 4 is deleted.
Point 5 is renumbered point 4.
7. In Article 20 (1) (b) (4), the words "deliveries and 'are deleted.
8. in Paragraph 22 (2) (c):
"(c) the replacement provisional value shall be the value received or determined by the market operator on the basis of data from the distribution system operator pursuant to Articles 20 (1) (b), 20 (2) and (3) or from the clearing entity pursuant to Article 21 (1); the distribution system operator shall replace the value so marked by 18.00 hours on the fifth working day following the end of the month by the value referred to in paragraph 2 (a) or 2 (b) a '.
9. in Article 33 (3) (e), the words "business name, name, registered office or place of business" shall be deleted;
10. in § 34 (4) (b):
"(b) the point of demand in which the supplier is to be changed is not included in the request for conclusion or for the negotiation of a contract amendment containing a summary of the points of demand or transfer for which the trader negotiates the provision of the transmission or distribution system service under a contract for combined electricity supply services (" the framework contract ")."
11. in Paragraph 34 (4), the following point (e) is inserted after point (d):
"(e) a request for the supply of a distribution system service is made by the supplier under a contract for combined electricity supply services for the transfer point of a power plant connected to a high or high voltage level;"
Points (e) and (f) shall be renumbered as points (f) and (g).
12. In Article 35, at the end of paragraph 5, the sentence "The transmission or distribution system operator shall not accept a change in the type of contract in the absence of a contract for the provision of a transmission or distribution system service."
13. in Paragraph 35 (6), the following sentence is inserted after the second sentence: "If a change is made to the type of the contract for the combined electricity supply services to the type of electricity supply contract, the distribution system operator shall, at the date of registration, ensure that the change to the type of contract ceases to provide the distribution system service to the demand point according to the existing contract."
14. In Paragraph 35 (6), the word "refuse 'is replaced by" not accepting' and the word "refuse 'is replaced by the word" not accepting'.
15. in Paragraph 35 (7), the words "to start supply" shall be replaced by "to change the type of contract."
16. In Paragraph 36 (3), the words "an existing supplier 'are replaced by the words" an existing supplier may stop the change of supplier by means of the market operator's information system within the time limit referred to in paragraph 2 or'.
17. in Paragraph 40 (3) of the introductory part of the provision, the words "with the exception of Articles 36 (2) and 37 (3)" shall be inserted after the words "derogation."
18. in Paragraph 40, the following paragraph 4 is added:
"(4) The market operator shall make it possible to send the request for the start of supply referred to in paragraph 3 after the deadline referred to in paragraph 3 (a) and to accept or refuse the request for the start of supply after the date referred to in paragraph 3 (b), but not later than 10.00 hours of the last day before the start of supply date, provided that all market participants concerned agree to the start of supply referred to in paragraph 3. ';
19. in Paragraph 41 (5):
"(5) The distribution system operator shall transmit data for the billing of electricity and related services through the market operator's structure information system as set out in Annex 20. ';
20. in Article 42 (5), the text "Article 17 (7)" is replaced by "Article 17 (9)."
21. in Paragraph 43 (2) (d), the words "(hereinafter referred to as the" Framework Treaty ")" shall be deleted;
22. In Paragraph 45 (1), the word "refuse 'is replaced by" refuse' and the word "refuse 'is replaced by" refuse'.
23. in Paragraph 45 (1), the word "services" shall be replaced by "transmission system or service services."
24. In Paragraph 47, the words "and the transfer of the plant or part thereof 'shall be added to the title after the word" corporation'.
25. in Paragraph 47 (1), the words "or the transfer of a plant or part thereof" shall be inserted after the word "corporation."
26. in Paragraph 47 (1) (e), the words "where a commercial corporation is divided" shall be replaced by the words "intended for the bulk transfer of collection and transfer points."
27. in Article 47 (4), the words "on the date referred to in paragraph 1 (a)" shall be deleted;
28. Paragraph 49 (1) reads as follows:
"(1) The electricity producer shall transmit to the market operator the data for the preceding calendar month in accordance with Annex 9 to this Regulation, no later than the 10th calendar day of the following calendar month or the sixth working day of the following calendar month, whichever is the later. This is also the case if the electricity plant is connected to the customer's demand point, except for the production facilities connected under Paragraph 28 (5) of the Energy Act. '
29. in Paragraph 49 (2), the words "by the 11th calendar day following the end of the calendar month" shall be replaced by the words "no later than the following calendar day after the deadline for transmission of the data referred to in paragraph 1."
30. in § 50 (4), the text "§ 48 (3) (p)" is replaced by "§ 48 (1) (a) (5) and (2) (a) (7)."
31. in Article 51 (4), the text "paragraph 9" is replaced by the text "Article 52 (4)."
32. in Paragraph 52 (4), the words' eighty-five 'are replaced by' hundred ';
33.In Article 53 (2), at the end of point (b), the word "a 'is replaced by a dot and point (c) is deleted.
34. in Paragraph 54 (1):
"(1) The manufacturer of the first category shall not negotiate the reserved capacity and shall not pay the payment for the reserved capacity or payment for the power input for the places intended to supply electricity to the electricity system and for the places intended to receive electricity for the technological self-consumption of electricity, with the exception of the collection of electricity from the transmission system or the distribution system at a time-out period of more than 30 days (hereinafter referred to as the" long-term standstill '). In the case of a power-generating module, the power-generating module shall be equipped with a power-generating module.
35. in Article 56 (2) and (3):
"(2) The transmission or distribution system operator shall, upon receipt of the request referred to in paragraph 1, or in the case of unauthorised transmission or distribution of electricity via a market operator registered by market participants who have registered the market operator with a transferred or own responsibility for the derogation for the points of demand for which the electricity supply is interrupted, no later than 4 working days before the requested day of interruption of the electricity supply.
(3) The transmission or distribution system operator shall perform the interruption of the supply of electricity no later than 2 working days after the deadline specified in the request for interruption of the supply of electricity. In the case of customer demand points, where it is not possible, for reasons of special consideration, to interrupt the supply of electricity within the time limit specified in the first sentence, the transmission or distribution system operator shall inform the supplier who requested the interruption of the supply of electricity and shall perform the interruption of the supply of electricity no later than 5 working days after the date specified in the request. The transmission or distribution system operator shall not perform the interruption of the supply of electricity within the time limit specified in the request for interruption of the supply of electricity in the event that a change in the market operator's information system is registered in the market operator's information system with a start-up of five working days, including after the required interruption of the supply of electricity. ';
36. in Paragraph 56 (6), the last sentence is deleted;
37. in Paragraph 57 (2), the text "pursuant to § 17 (5) (b)" shall be replaced by "inactive or unelectrocuted status according to § 17 (6)."
38. In Paragraph 58 (2), the words "at least 2 working days before the anticipated effects' are replaced by the words" by 10.00 hours before the last working day before the effective date '.
39. In Paragraph 58, the following paragraph 3 is inserted after paragraph 2:
"(3) In the event that the settlement entity ceases to be liable for the derogation at the sampling point and the supplier has undertaken to ensure responsibility for the derogation at the sampling point, the supplier shall immediately transfer responsibility for the derogation at that sampling point to another clearing entity or shall itself become the clearing entity responsible for the derogation at the sampling point concerned. ';
Paragraph 3 shall become paragraph 4.
40. Paragraph 58 (4) reads:
"(4) In cases where the market operator becomes aware that the supplier supplying electricity to the customer loses or has no power to supply electricity or has no power to provide the transmission or distribution system in the case of the supply of electricity under a combined electricity service contract or as a settlement entity does not comply with the financial conditions for the settlement of derogations, the market operator shall immediately inform the operator of the relevant transmission or distribution system, the relevant supplier and the supplier of the last instance, and shall publish this information, including the date on which the supply of electricity by the supplier of the last instance should be initiated and the list of the identification code numbers of the sampling or transfer points concerned by that fact by means of remote access. ';
Paragraph 59 reads as follows:
„§ 59
(1) On the basis of the information referred to in Article 58 (4), suppliers and producers who have transferred responsibility for the derogation to a settlement entity which has not been registered with bilateral electricity supply transactions or which have been prevented from participating in markets in electricity organised by a market operator may, within 24 hours of the day preceding the date on which the supply of electricity by the supplier of the last instance pursuant to Article 58 (4), submit a request to the market operator via the market operator's information system to transfer responsibility for the derogation to another clearing entity.
(2) On the basis of the information referred to in Article 58 (4), registered electricity market participants having their own or transferred responsibility for the derogation may, in cooperation with the customer to whom the supply of electricity is to be initiated by the supplier of the last instance and the manufacturer, submit a request for an accelerated change to the supplier by the information system of the market operator within 24 hours of the day preceding the date on which the supply of electricity by the supplier of the last instance pursuant to Article 58 (4). For the accelerated change of supplier, the provisions of this Order governing the procedure for the change of supplier under the devolution scheme shall apply mutatis mutandis.
(3) Where a request for delegation of responsibility for the derogation referred to in paragraph 1 is made, or a request for an accelerated change of supplier pursuant to paragraph 2, and the distribution system operator agrees to the request for an accelerated change of supplier by 10: 00 on the day on which the supply of electricity by the supplier of the last instance referred to in Article 58 (4) is to commence, that change shall take effect from the first business hour of that day. Where the distribution system operator does not respond to a request for an accelerated change of supplier made pursuant to paragraph 2 within the time limit set in the first sentence, the market operator shall reject the request for an accelerated change of supplier.
(4) In the absence of a transfer of responsibility for a derogation to another settlement entity pursuant to paragraph 1 or of an accelerated change of supplier pursuant to paragraph 3, the market operator shall provide the supplier of the last instance and the distribution system operator concerned with customer sampling codes to which the supply of electricity by the last instance is to be initiated under the Energy Act. The supplier of the last instance shall be in the market operator's information system assigned to the point of purchase concerned from the first business hour of the day on which the last instance supplier starts the supply of electricity until the date of the start of the supply by the new supplier, but for a maximum period of 6 months. On the day of the start of the supply of electricity by the supplier of the last instance, the operator of the relevant distribution system shall provide the supplier of the last instance with the details of the sampling point at which the supply by the supplier of the last instance is initiated, in the structure set out in Annex 17 to this Decree. If a change of supplier is subsequently made, including the period during which the last instance supplier is assigned to the market operator's sampling point in the information system, the procedure shall be followed in accordance with Paragraph 40 (2) and the market operator shall cancel the assignment of the sampling point to the last instance supplier at the date of effective change. If, at the end of 6 months from the date of the start of the delivery, the supplier of the last instance is not assigned to the sampling point by the supplier on the basis of a request for a change of supplier pursuant to § 33, the procedure shall be followed in accordance with § 56. If the manufacturer does not transfer responsibility to another clearing entity pursuant to paragraph 1 or to an accelerated change of supplier pursuant to paragraph 2, from the first business hour of the day following the date on which the information referred to in paragraph 58 (4) was published, the supply to the electricity system shall be deemed to be unjustified under Paragraph 52 of the Energy Act.
(5) The supplier of the last instance shall, within 5 working days of the start of the supply of electricity by the supplier of the last instance, send a message containing:
(a) the notice of initiation of the supply of electricity by the supplier of the last instance and its reason;
(b) notification of the amount of the regulated price for the supply of electricity by the supplier of the last instance or the method of determining it;
(c) notification of the terms of the supply of electricity by the supplier of the last instance, including in particular the conditions relating to the change of the supplier of the last instance for another supplier and the conditions for the payment of advances and payments for the supply of electricity by the supplier of the last instance; and
(d) an indication of the fact that the supply of electricity by the supplier of the last instance may take no more than 6 months. ';
42. In Section 62 (5) of the Introductory Part, the first sentence is replaced by the following: "When assessing and invoicing payments for the provision of a transmission system or distribution system in operation for the verification of the customer's technology, prices are charged by the transmission or distribution system operator in accordance with Section 48."
43.

"Annex No 5 to Decree No 408 / 2015 Coll.
Procedure for determining the planned annual electricity consumption of customers with type C measurement
(1) Determination of the planned annual electricity consumption for the Type C sampling point for which deductions have been made, including in the sum of at least one hundred preceding days, for which no change in the assignment of the type diagram class has been made during that period:
(a) the sum of the relative values of Kf of the relevant recalculated type diagram applicable for the calendar period shall be calculated from the date of initial deduction to the date of final deduction according to the relationship
Kf = VYD = dpo + 1d = dko VYh = 1h = 24 kTDDn, d, htp
where
Kf the total volume of relative values over the invoicing period,
dafter the day of beginning of the reading period,
dco day of end of reading period,
kTDDn, d, htp relative value of the nth recalculated type diagram at day d, in hour h,
(b) the sum of the relative values of Kr of the relevant standardised type diagram for the calendar year in which the settlement date for the derogations is to be settled shall be calculated according to the relationship:
Kr = viz d = 1.1.akrd = 31.12.akr vihr = 1h = 24 kTDDn, d, hnorm
where
Cr the sum of the relative values for the full calendar year on which the settlement of derogations will be carried out,
acre current calendar year,
kTDDn, d, hnorm relative value of the nth normalized type diagram at day d, hour h,
(c) the value of electricity consumption from the last reading period, referred to as Efak, shall be used for that sampling point. The planned annual electricity consumption applicable to the Eplan sampling point is then proportional to the latest value between the readings in proportion to the relevant relative values of the type diagrams according to the relation
Eplan = KrKf × Efak
(2) The planned annual consumption of electricity for the customer's type C sampling site, for which the procedure referred to in paragraph 1 is not applied, shall be equal to the average consumption of electricity with the same type diagram and the same size of the circuit breaker as the electricity consumption. The average electricity consumption is determined on the basis of tariff statistics prepared by the Authority on the basis of the supporting documents submitted by distribution system operators. The value of the average electricity consumption provided by the Authority, which shall be valid throughout the calendar year, shall be published by the market operator in a manner enabling remote access no later than 3 calendar months before the first day of delivery of the calendar year in question.
(3) Where the sampling point is fitted with a multi-digit measuring device (multi-tariff measurement), the sum of the measured electricity samples from all dials shall be used to estimate electricity consumption.
(4) The planned annual electricity consumption of individual customers determined and converted into normal climate conditions is determined by the distribution system operator individually for customer demand points with type C measurements. The market operator shall be provided with this information individually for customer demand points with type C measurement, which are individually registered in the market operator's information system with status active pursuant to § 17 (6), and aggregated for other customers with type C measurement after class type diagrams. The planned annual electricity consumption shall be declared in kWh. ';
44. In Annex 6, "warm 'is replaced by" heat'.
45. In Annex 6, the text "C46d 'and" D55d' are inserted after the text "C45d '.
46. In Annex 8, "§ 12 'is replaced by" § 10'.
47. Annexes 11 and 12 shall read as follows:

"Annex No 11 to Decree No 408 / 2015 Coll.
MODEL
Monthly report on electricity consumption in the local distribution system

Příloha č. 12

Annex No. 12 to Decree No. 408 / 2015 Coll.
MODEL
on the calculation of payments for system services, for the operation of the electricity market operator and for the promotion of electricity from supported energy sources in the local distribution system

"
48.

"Annex No. 17 to Decree No. 408 / 2015 Coll.
MODEL
Scope and structure of data on sampling or transfer points

MODEL
Scope and structure of data on sampling or transfer points n

"
49. Annexes No 20 and 21 shall read:

"Annex No 20 to Decree No 408 / 2015 Coll.
Structure of data sent by the distribution system operator for the purpose of billing the electricity distribution service
A. Identification information
1. The code number of the regional or local distribution system operator EAN (13),
2. Number code of the EAN sampling point (18),
3. Invoice period,
4. Type of invoicing (according to the Market Operator code list),
5. Invoice identifier,
6. Type of contract.
B. Total measurement and payment data
1. For the customer sampling point with type A or B measurement excluding measurement B connected from voltage level NN *
i. Total collection from DS (kWh),
ii. Measured quarter-hour maximum (kW),
iii. Date and time of measured quarter-hour maximum,
iv. Total collection from DS VT (kWh); (optional)
v. Total acquisition from DS NT (kWh); (optional),
vi. Measured quarter-hour maximum in NT (kW); (optional),
vii. Date and time of measured quarter-hour maximum in NT (kW); (optional)
viii. Unsolicited supply of reactive power (kVArh),
ix. Tg _ FI,
x. Amount of invoice for regulated services in CZK without VAT.
2. For customer sampling point with type C or B measurement connected from voltage level NN * *
i. Total collection from DS VT (kWh),
ii. Total quantity of DS NT (kWh),
iii. VT total CZK,
iv. NT total CZK,
V. Hl. circuit breaker payment total for input CZK,
vi. Support of electricity from supported energy sources payment total CZK,
vii. System services payment total CZK,
viii. OTE activities payment total CZK,
ix. Distribution services total CZK,
x. Fee for reading total CZK (if charged).
C. Data from the apparatus
1. For the customer sampling point with type A or B measurement excluding measurement B connected from voltage level NN * *
i. Identification of the measuring point,
ii. Name of measuring point,
iii. The measured quarter-hour maximum relative to the measuring point (kW),
iv. Date and time of measured quarter-hour maximum,
v. Total sample from DS measured at the measuring point (kWh),
vi. Tg _ fi,
vii. Unsolicited supply of reactive power (kVArh).
2. For the customer sampling point with type C or B measurement connected from voltage level NN
i. The beginning of the period,
ii. End of period,
iii. The reason to subtract,
iv. Number of electrometer,
v. Multiplication factor,
vi. Initial status of VT,
vii. Final state of VT,
viii. Total collection of DS VT for the period (kWh),

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Regulation Information

CitationDecree No. 127 / 2017 Coll., amending Decree No. 408 / 2015 Coll., on Electricity Market Rules
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation24.04.2017
Effective from01.06.2017
Effective until-
Status Valid
The regulation text is for informational purposes only.
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