Decree No. 175 / 1973 Coll.
Decree of the Federal Ministry of Fuel and Energy issuing basic conditions for the supply of electricity and heat
Valid
Effective from 01.01.1974
175
DECLARATION
Federal Ministry of Fuel and Energy
of 20 December 1973
issuing basic conditions for the supply of electricity and heat
The Federal Ministry of Fuel and Energy, in agreement with the participating central authorities, provides pursuant to Section 392 of Economic Code No. 109 / 1964 Coll., in the full version published under No. 37 / 1971 Coll., and under Section 18 of Act No. 79 / 1957 Coll., on the Production, Distribution and Consumption of Electricity (Electricity Act):
Scope
This decree regulates all electricity and heat supplies from centralised heat supply systems between socialist organisations, but does not apply to export and import supplies.
GAS SUPPLIES
Delivery and technical conditions
(1) The supply is satisfied by the transfer of heat from the supplier's equipment to the customer's equipment; organisations may agree otherwise in the contract.
(2) The sampling site is a comprehensive system of sampling facilities of one customer and one type of medium with the same parameters.
(3) In the case of supply and removal of heat in GJ, a tolerance of + - 3% is permitted in the contract period; in the case of supply and removal of heat intended for the population + - 5%.
(4) The pressure and temperature of the supplied steam or hot or hot water shall be agreed by the organisation in the contract and their minimum and maximum values in which deliveries and withdrawals may move.
(5) The collector is obliged to return both condensate and reversible water. Only losses corresponding to the optimal technical condition and extent of the customer's equipment are permitted, but not more than 5% for steam and 0,5% for hot (hot) water. In very exceptional cases, organisations may agree in the contract to use condensate or circulatory water for the customer's needs.
(6) The recovered condensate shall not be contaminated more than agreed with the supplier in the contract. In justified cases, the supplier may require the customer to obtain and install on his cargo an automatic purity detector of the returned condensate that signals or directly prevents the return of the contaminated condensate above the agreed value. Condensate contaminated more than agreed with the supplier shall be deemed not to have been returned.
(7) The quantity and quality of returned condensate or reversible water shall be evaluated at the point of transition from the customer's facilities to the supplier's facilities; organisations may agree otherwise in the contract.
(8) The supplier shall be entitled, with the participation of the customer, to check the heat demand facility with the customer, including secondary customers, to check compliance with the agreed technical conditions and the accuracy of the customer's data.
(9) The collector is not entitled to use the heat supplied for purposes other than the contract.
(10) The collector may, with the consent of the supplier, leave the heat to secondary customers, but shall, however, be obliged to install and maintain secondary heat meters for each secondary heat consumption by its own load. Furthermore, the customer is obliged to periodically deduct the heat consumed, measured by the secondary meter.
(11) The collector shall, upon request of the supplier, submit operational data related to the supply and heat collection.
(12) The collector shall report to the supplier without undue delay any defects on the heat collection installation (including secondary customer devices) affecting the supply of heat and ensure that they are removed as quickly as possible, but shall not interfere with the primary steam or hot water circuit unless agreed with the supplier in the contract.
Distribution of customers
Heat collectors shall be divided into the following groups:
I. Heat collectors with an annual sample of more than 12 500 GJ including, except for the population;
II. Heat customers with an annual sample of less than 12 500 GJ, excluding those intended for the population,
III. Heat users intended for the population, including joint purchases with the predominant share intended for the population.
Heat collectors shall notify the supplier within the time limit set for drawing up the draft national implementation plan of the required quantity of heat in the split into quarters or months, as appropriate.
Economic contracts
(1) Upon fulfilment of all the conditions laid down for the connection of the demand heat equipment to the public heat distribution facility, 10) including the submission of a heat recovery application, the customer shall notify the supplier of the completion of all assembly works and provide proof of permanent operation (use) authorisation.
(2) The collectors shall submit a new heat recovery application to the supplier in the following cases:
(a) in the case of the extension or reconstruction of its thermal sampling device;
(b) when changing the agreed power;
(c) when the secondary collection is connected,
(d) when the rate is changed.
(3) If the new user takes over an object in which the heat collection device is connected to a public heat distribution facility, he shall be required to submit a heat recovery application to the supplier no later than 30 days before the start of the collection and to notify the heat meter status at the date of receipt within 3 days of the receipt of the object.
(4) In order to conclude an economic contract of up to 1000 GJ per year or to obtain heat from a system of up to 6 MW, it is sufficient to confirm the application for heat collection.
(1) Economic contracts for the collection of heat shall be concluded separately for each sampling point. The economic contract shall consist of:
(a) an application for heat collection;
(b) technical and delivery conditions which are normally negotiated without a time limit;
(c) a sampling chart in which the subject matter and time of completion are agreed in particular.
(2) No later than 30 days before the start of the purchase, the buyer shall submit to the supplier a draft of technical and delivery terms on a form to be issued by the supplier upon request. The supplier shall either confirm the proposal submitted or comment on it within 20 days of its receipt.
(3) No later than 20 days before the contract period, the customer is obliged to negotiate a sample diagram with the supplier.
(4) The contractual period shall be quarterly for the customers of the first group, and annual for the customers of the second and third groups.
(5) The sampling diagrams may be hourly, exchange, daily, monthly, quarterly or annual. The type of sample diagram shall be determined by the supplier after consultation with the customer.
(6) In the sample diagrams, the quantity of heat, the amount of heat output and the time course of sampling shall be agreed in the contract period.
(7) If there is an unexpected change in the special-purpose production, the customer may request a reduction in the quantity of heat agreed in the sample diagram, but not later than 20 days before the end of the contract period. The collector shall be obliged to compensate the supplier for the necessary costs incurred in connection with the change.
Measurement
(1) The supplier shall measure the supply of heat on the primary side of the transfer station by means of its equipment, which the customer shall install, connect and maintain (including repair and labelling) for remuneration on the basis of the pricelist and, if it is a direct customer, at the exit from the source, unless otherwise specified by the specific regulations. The provisions of this Agreement shall apply if, in justified cases, a measuring point or, where appropriate, the supply of a heat meter or other parts of a measuring device has been agreed in writing between the heat supplier and the customer.
(2) The measuring device is a measuring kit consisting of a heat meter or a heat transfer meter including another necessary and complementary device.
(3) The method of measurement and the type of meter is defined by the supplier's connection conditions.
(4) The collector who requires accurate compliance with the agreed parameters (power, pressure, temperature, etc.) will build a distance measurement of the agreed parameters by his cost.
(5) The supplier may, if necessary, replace his / her cargo with his / her measuring, auxiliary and control equipment fitted to the customer.
(6) The collector will provide the necessary electrical supply with a separate circuit for his load and will cover the electricity consumption of the heat measuring equipment and other heat supply equipment located in the customer's premises.
(7) The collector shall ensure that the measuring equipment is not damaged, monitor the correct operation of the heat meters, and report immediately to the supplier any defects and uncertainties in the measurement as well as obvious failures in the installation before the measuring device. In addition, the customer is obliged to ensure and maintain a secure access to heat meters.
(8) The collectors may, for their own use, install their own secondary or control heat meters connected to the main supplier's meter. The supplier does not check the accuracy of their measurements and does not deduct their states. The customer's undercut or control meters are separately marked. If the supplier's measuring equipment fails, the customer's heat control meter data may be used. For the installation of secondary and control heat meters, the supplier's consent shall be required only in cases where such meters could affect the operation of the supplier's meters.
(9) If the heat supply is not exceptionally detected by measuring devices, the organisation shall agree in the contract on the method of determining the amount of the collection.
(1) If the customer has doubts as to the accuracy of the measuring equipment data, he may request a check in writing.
(2) The supplier shall carry out a check of the measuring equipment within 30 days of receipt of the customer's request.
(3) If it is found when checking that the meter data are within the accuracy class, the costs associated with the customer's examination shall be met.
(4) If, when checking that the meter's data deviate from the permissible value referred to in paragraph 3, the supplier shall replace the heat meter with his cargo and the beneficiary organisation shall pay the organisation a damaged amount corresponding to the error in the meter's data from the date on which the defect was established and, if it cannot be ascertained, from the date preceding the deduction.
(5) If heat consumption cannot be accurately determined during the period of failure of the measuring equipment, it shall be calculated according to the data of the control or secondary meter, otherwise according to the average consumption in the previous comparable periods, for heating supplies according to consumption in the same climate and properly measured period.
(6) If there is a new heat supply or a change in demand ratios, the supplier may invoice this consumption in advance, with the compensation being made on the basis of measured consumption in the next approximately comparable period, or another one agreed with the customer.
Regulation, restriction and interruption of supplies and withdrawals
(1) In order to ensure the smooth supply of heat to all customers, the supplier shall be entitled to implement the regulatory measures set out in the economic contract as necessary.
(2) The supplier is entitled to limit or interrupt the supply of heat, subject to the conditions set out in Paragraph 30:
(a) when carrying out the planned repairs, maintenance and revision work notified in advance to customers, as a general rule, when drawing up the annual plan; other urgent maintenance and revision work;
(b) when changing the type of heat carrier and changing its parameters substantially;
(c) in the event of a natural disaster (e.g. storm, storm, fire, flood, landslide),
(d) in the implementation of regulatory measures under the regulatory plan or non-compliance by the customer;
(e) if the customer's equipment does not comply to the extent that it may endanger the safety of life or property, to cause excessive losses in heat consumption or failure in the supplier or other customers;
(f) where the customer prevents the supplier from accessing measuring instruments and heat equipment,
(g) where the customer has been found to have obtained an unauthorised purchase;
(h) if the customer changes the connection value of the heat equipment without the supplier's consent, or changes the heat output control screen,
(ch) if the customer fails to comply with the order of the inspection authority to remedy the defects in the thermal equipment,
(i) if the customer leaves the heat to other customers without the supplier's consent;
(j) if the customer returns a smaller quantity of heat or condensate or condensate of a lower quality than that agreed in the contract, and this may jeopardise the operation of the source;
(k) if the customer receives a higher performance than that permitted by the sampling chart,
(l) for the necessary operational reasons; However, at a time when the customer was entitled to draw heat according to the diagram, this interruption may not exceed 30 minutes in individual cases, exceptional cases may be agreed in the contract individually according to the technical possibilities of the supplier,
(m) because of the failure to pay the specified instalments or heat-supply invoices to those customers who have failed to fulfil their obligations even within an additional reasonable time limit set by the supplier to warn them that they will be interrupted.
(1) The supplier shall be obliged to limit or interrupt the supply:
(a) notify customers in writing at least 40 days in advance if they intend to carry out planned repairs, maintenance and revision work; at least 10 days in advance if other urgent maintenance and revision work is necessary,
(b) notify the customer of a change in the type of heat carrier or a material change in its parameters in writing within 30 days of the approval of the preparatory documentation necessary for the implementation of the change;
(c) notify the customer in writing in cases of restriction or interruption pursuant to Article 29 (f), (g), (h), (ch), (i);
(d) in the cases referred to in § 29 (j), (k), (l), notify the customer by telephone or by other agreed means and give him a reasonable period of time.
(2) If defects are detected which threaten the safety of life or property, the supplier shall stop the delivery immediately after the defect has been detected; if the customer is not present, the supplier shall inform him immediately.
(3) The supply of heat, interrupted or limited for reasons which are on the part of the customer, shall be renewed by the supplier after any defects or causes for which the supply has been interrupted or limited.
In the case of the supply of heat intended for the population, the customer may restrict or suspend the consumption for economic reasons; However, it shall notify the restriction or interruption to the supplier in the manner agreed in the contract.
Unauthorised collection
(1) Unauthorised procurement shall be considered as:
(a) where the customer draws heat without contract with the supplier, except where the economic contract has not been concluded for the circumstances of the supplier;
(b) if the customer takes such measures as to ensure that the measuring equipment does not either record or misrecord the heat consumption of the measuring equipment to the detriment of the supplier, or if the customer uses the equipment so modified;
(c) if the customer leaves heat to other consumers without the supplier's consent,
(d) if the customer damages the measuring equipment, its factory, brand or company seal or the aperture, or the seals on other equipment placed by the supplier, or does not report accidental damage within 3 days of its detection.
(2) The quantity of heat unduly collected for non-measured or incorrectly measured samples shall be determined by considering the full load on all appliances and, where appropriate, the full load which allows the aperture for 12 hours a day; However, heating appliances shall not be taken into account outside the heating season. The daily consumption thus determined shall be multiplied by the number of days of unauthorised collection; If it is not possible to identify the whole period of unauthorised collection, the final deduction period shall be charged.
(3) If the number and type of appliances cannot be ascertained by the heat customer, the information provided in the contract or application shall be used as a basis for calculating the refund.
(4) The aggregate amount to be charged for the undue recovery, incorrectly measured, shall be reduced by the amounts paid for the period of undue collection.
(5) An amount calculated in accordance with paragraphs 2 and 4 shall be added to the costs associated with the detection of unauthorised collection.
Property sanctions
(1) For failure to deliver, withdraw or exceed the agreed quantity of heat, periodic penalty payments shall be fixed as follows:
(a) if the supplier does not deliver the contracted quantity of heat, he is obliged to pay the customer a penalty of 5 CZK for each undelivered GJ;
(b) if the customer does not collect the contracted quantity of heat, he is obliged to pay the supplier a penalty of 5 CZK for each GJ not removed,
(c) if the customer exceeds the contracted quantity of heat, he shall be obliged to pay the supplier a penalty of 25 CZK for each exceeded GJ.
(2) For non-compliance or exceeding of the agreed performance, the following shall be determined for each penalty payment point:
(a) if the supplier fails to comply with the performance in MW continuously for more than 30 minutes or if the supplier interrupts the supply for that period at the time when the customer had the right to withdraw heat, the supplier shall be obliged to pay the customer a penalty of 100 CZK for each non-compliant MW;
(b) if the customer exceeds the output in MW, he shall be obliged to pay the supplier a penalty of 100 CZK for each period of more than 30 minutes of excess MW;
(c) if the customer exceeds the output in MW at the time when the regulatory measure was announced, he shall pay a penalty payment of 1000 CZK for each MW for each quarter-hour excess of the agreed value; This periodic penalty payment shall not apply to the supply of heat from the hot water network for heating purposes.
(3) For non-compliance with the agreed pressure and temperature of steam or hot water, except in the cases referred to in Paragraph 29, the periodic penalty payment shall be as follows:
If the heat supplier fails to comply continuously with the pressure, temperature or both for more than 30 minutes, the supplier shall be obliged to pay the customer a penalty of 5 CZK for each GJ delivered in a non-contract agreed on the parameters.
(4) The periodic penalty payments referred to in paragraphs 2 and 3 shall be made only where the performance, pressure or temperature are measured with the customer by means of a registration device.
(5) If the buyer does not return the quantity of condensate or refundable water agreed in the contract, he shall be obliged to pay the supplier a penalty of 10 CZK for each tonne of non-refundable condensate or refundable water; the basis for the calculation of the periodic penalty payments is the quantity reduced by the losses referred to in Article 22 (5).
(6) The buyer shall be obliged to pay a penalty payment of 25 CZK to the supplier for any undue heat extraction pursuant to § 32 (1) (a) and (b).
(7) The buyer shall be obliged to pay a penalty payment of CZK 1000 per case found for the unauthorised removal of heat pursuant to § 32 (1) (c) and (d).
(8) An organisation which has failed to comply with the time limit laid down in § 24, § 28 (2) and § 30 (1) (a) is obliged to pay the organisation a valid penalty of 50 CZK for each day of delay, but not more than 1000 CZK.
(9) The periodic penalty payments referred to in paragraphs 1 to 8 shall not be charged or enforced if they do not exceed in each case the amount of CZK 1000; Furthermore, a penalty payment for the non-withdrawal and non-delivery of the agreed quantity of heat to customers of the II. and III. Group (§ 23) need not be charged and enforced, even if in each case it exceeds 1000 CZK.
Invoice and payment
Invoices and payments are governed by specific rules. 11)
PROVISIONS COMMON AND FINAL
(1) Organisations may not agree in a contract by way of derogation from the provisions of this Decree, other than those in which the derogation is expressly permitted by agreement of the Parties.
(2) The supply of electricity for the special facilities of the Federal Ministry of National Defence, the Federal Ministry of Interior, the Ministry of Interior of the Czech Republic, the Ministry of Interior of the SSR and the Federal Ministry of Communications is governed by specific agreements concluded between and between the Federal Ministry of Fuel and Energy. The electricity and heat withdrawals of the President's Office of the Czechoslovak Socialist Republic are governed by a special agreement concluded with the Federal Ministry of Fuel and Energy.
(1) Decree No. 121 / 1964 Coll., which issues basic conditions for the supply of electricity and heat, is hereby repealed.
(2) This Decree shall take effect on 1 January 1974.
Deputy Minister:
Ing.
1) ČSN 34 0035.
2) The use of electricity for the heating and heating of commercial water is governed by the Federal Ministry of Fuel and Energy Directive No 22 / 1977.
3) It is a regulatory measure which does not alter the conditions of the price list VC 3 / 2 / 77.
4) For example, Decree No. 10 / 1958 of the Ministry of Energy Ú. l., on uniform conditions for the connection of demand facilities to public electricity distribution facilities (connection conditions).
5) ČSN 38 0110.
6) The derogation from certain provisions of Decree No. 204 / 1964 Coll., on invoicing and payment of supplies of non-investment nature, was authorised by the Federal Ministry of Finance under Article V / 2 / 9148 / 73 of 4 September 1973, as amended by: 1. Electricity supplies to large and medium-sized customers are invoiced by monthly collection invoices. For customers whose planned value of monthly collection is at least 4000 CZK, the planned settlement is a binding form (Sections 16 and 22-25 of the Order of the Director General of the SBČS No. 85 / 1966 Coll., on payment and settlement on the accounts of organisations). 2. Electricity supplies to small customers shall be invoiced by collection invoices for a maximum period of 12 months. The invoice shall be issued by the supplier in respect of all the retail outlets in the territory of the district in which the electricity meter has been deducted during the month and sent to the customer within 9 days of the following month. An integral part of the collection invoice is the quantification of electricity consumption in kWh and in Kčs of individual sampling points. Electricity invoices for retail customers issued on an automatic computer need not indicate the date of the previous and final deduction, provided that the exact reading dates and the state of the electrometers are recorded in the account of the customers. 3. For the payment of the electricity collected but not yet invoiced, the retailer shall pay the supplier, at the choice of the supplier, during the invoicing period provided for in the written agreement (a) either monthly instalments corresponding to the average or, for new purchases, at the latest on the eighth day of the month for which the instalment is granted, (b) or one instalment equal to 60% of the expected consumption for the invoicing period, at the agreed date. The payments referred to in (a) or (b) shall be deducted in the collection invoice. If there is an overpayment, the supplier shall return it to the customer within 10 days of dispatch of the relevant collection invoice. 4. If, for reasons on its part, a deduction cannot be made for the retail customer, the supplier shall issue a collection invoice according to the amount of the collection in the previous period and shall settle the differences at the nearest deduction. 5. If the customer is late in paying the collection invoice at the time of payment or payment within the specified or agreed deadline, the supplier shall be obliged to charge and recover a late payment fee of 0,05% of the amount due for each day of delay. However, if there is a fee of less than 200 CZK per case, the supplier shall not be obliged to charge or enforce the fee.
7) Act No. 79 / 1957 Coll., on the Production, Distribution and Consumption of Electricity (Electricity Act) and Decree No. 9 / 1958 Ú. l., implementing certain provisions of Act No. 79 / 1957 Coll.
8) ČSN 34 3800.
9) The invoice is made in accordance with Decree No. 204 / 1964 Coll., on invoicing and payment of supplies of a non-investment nature.
10) Decree of the Central Energy Administration No. 38 / 1963 Coll., on the Establishment and Operation of Heat Production and Distribution Equipment and Directive No 21 / 1971 and SEP No. 40 / 1971.
11) The derogation from certain provisions of Decree No. 204 / 1964 Coll. on invoicing and payment of non-investment supplies was authorised by the Federal Ministry of Finance under Article V / 2 / 9148 / 73 of 4 September 1973, as amended by: 1. Heat supplies shall be invoiced by monthly collection invoices, the billing period for collection invoices issued on an automatic computer may not be the same as the calendar month; in which case the supplier is obliged to notify the customer in advance when the invoicing period begins and ends. Collective invoices for the supply of heat shall contain the particulars referred to in Article 3 (6) of Decree No 204 / 1964 Coll., on invoicing and payment of supplies of a non-investment nature. The supplier is obliged to send a collection invoice within 9 days after the end of the billing period. 2. For customers whose planned value of monthly collection is at least 4000 CZK, the planned settlement is a mandatory form of payment (Sections 16 and 22-25 of the Order of the Director General of the SBČS No. 85 / 1966 Coll., on payment and settlement in the accounts of organisations. 3. Where the customer is late in paying the collection invoice at the time of payment or the payment of the scheduled settlement within the agreed deadline, the supplier shall be obliged to charge and recover a late payment fee of 0,05% of the amount due for each day of delay; However, if the default fee is less than 200 CZK in a single case, the supplier shall not be obliged to charge or enforce it.
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Regulation Information
| Citation | Decree of the Federal Ministry of Fuel and Energy No 175 / 1973 Coll., which issues basic conditions of supply of electricity and heat |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1973 |
|---|---|
| Effective from | 01.01.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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