Decree No. 334 / 2009 Coll.
Decree on emergency situations in gas industry
Valid
Order
Effective from 01.10.2009
Text versions:
01.10.2009
29.09.2009
334
DECLARATION
of 24 September 2009
on emergency situations in the gas industry
The Ministry of Industry and Trade (hereinafter referred to as "the Ministry '), pursuant to § 98a (1) (f) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the amendment of certain laws (Energy Act), as amended, as amended, as amended by Act No. 158 / 2009 Coll., for the implementation of § 73 of the Energy Act:
Subject matter
This decree sets out the measures and procedures to be carried out in the prevention of an emergency situation, in the event of an emergency and in the removal of the consequences of an emergency situation, the means of declaring an emergency state and the notification of an emergency state and the procedures for reducing gas consumption, the distribution of customers according to the expected annual consumption, the sampling stages and the content of emergency plans.
Basic provisions
(1) For the purposes of this decree, customer sampling points for the purpose of limiting or interrupting the agreed gas transport or gas distribution and the agreed gas supply shall be divided into the following groups:
(a) Group A, which are customer sampling points with an estimated annual consumption above 630 MWh, with the possibility of a complete or partial transition to replacement fuel;
(b) group B1, which are the collection sites of customers with the predominant technological take-up in a given year above 52 500 MWh not falling within Group A or D; these are those of that group if the sum of the consumption for the last quarter of the previous year and the first quarter of that year is 70% and less of the total consumption for the period from 1 April of the previous year to 31 March of that year;
(c) the B2 group, which are the collection sites of customers with the predominant technological take-up in the year in question, from 4,200 MWh to 52 500 MWh not falling within Group A or D; these collection points belong to that group if the sum of consumption for the last quarter of the previous year and the first quarter of that year is 70% and less of the total consumption for the period from 1 April of the previous year to 31 March of that year,
(d) Group C, which are the collection sites of customers with the predominant heating consumption, with the expected annual consumption in the relevant year above 4,200 MWh not falling within Group A or D; these sampling points belong to that group if the sum of the consumption for the last quarter of the previous year and the first quarter of that year is 70% or more of the total consumption for the period from 1 April of the previous year to 31 March of that year;
(e) Group D, which are the collection sites of customers expected to be sampled in the year in question above 630 MWh, which ensure the production of daily consumption food for the population, in particular the processing of perishable food, animal production operations with the risk of mortality, fuel production, municipal waste incinerators, urban public transport vehicles, medical facilities, pensioners' homes, essential components of the Integrated Rescue System, rendering facilities, crematorium and the Czech National Bank; the inclusion of specific customers in this group is carried out by the transmission system operator for customer demand points directly connected to the transmission system or by the relevant distribution system operator for customer demand points directly connected to the relevant distribution system (hereinafter referred to as "the relevant operator ') after informing the local regional authority or the City of Prague,
(f) Group E, which is the customer sampling points with the expected annual collection in a given year of between 630 MWh and 4 200 MWh not included in Group A or D;
(g) Group F, which is the customer sampling points with the expected annual collection in the year up to 630 MWh and household.
(2) The inclusion of customer demand points in individual groups is valid for the period from 1 October of the year to 30 September of the following year.
(3) For the purposes of this Decree, the estimated annual gas consumption for the previous year shall be the total annual gas consumption for the customers who started the gas consumption before 1 January of the previous year and for customers who started the gas consumption after 1 January of the previous year, the estimated annual consumption for that year shall be indicated in the gas distribution contract.
(4) The inclusion of new customer demand points in each group shall be done on the basis of data on the quantities and uses of gas specified in the connection contract and the gas distribution contract.
Preventing an emergency
(1) In preventing an emergency
(a) operators of underground gas storage tanks verify the readiness of underground gas storage tanks to mine the maximum value of the production capacity, the transmission system operator makes use of the accumulation of the transmission system, the distribution system operators make use of the accumulation of distribution systems and the gas manufacturer verifies the readiness to maximise the operation of the gas and gas pipelines; all gas traders concerned with the prevention of an emergency in the territory verify the possibilities of increasing imports of natural gas;
(b) the agreed gas transport or gas distribution and the agreed gas supply to those customers of categories B1, B2, C and E whose gas trader, due to non-gas delivery or significant derogation, has caused a declaration to prevent an emergency; the list of customer demand points concerned for the implementation of the relevant measures shall be communicated by the market operator concerned,
(c) the agreed gas transport or gas distribution and the agreed gas delivery to all customers of Group A, to the extent that they can switch to replacement fuel through sample step 1, are restricted.
(2) No later than one hour after the start of the activities referred to in paragraph 1, the competent operator shall notify the prevention of an emergency through the Czech Radio, the ČRo 1 station, or other mass media, and at the same time the Ministry, the Energy Regulatory Office, the Ministry of the Interior, the local regional office or the City of Prague. The competent operator shall also notify those institutions of the closure hour.
(3) When preventing an emergency, the relevant operator shall inform the relevant gas traders, immediately downstream distribution system operators, underground gas storage facilities and the market operator without undue delay through the public data network. Competent operators shall notify emergency prevention in a way that allows remote access.
Emergency
(1) In the event of an emergency, the agreed transport or distribution of gas and the agreed supply of gas to all customers may be restricted or interrupted by means of a declaration of the relevant stage of consumption.
(2) The sampling stages are declared in such a way that it is possible to declare a higher sampling stage without the prior declaration of a lower level.
(3) The relevant operator announces the emergency situation through the Czech Radio, ČRo Station 1 or other mass media, as appropriate, and informs the relevant holders of gas licences, immediately downstream distribution system operators, underground gas storage facilities and the market operator via the public data network without undue delay. The competent operators shall notify the emergency situation in a way that allows remote access.
(4) Prior to the occurrence of an emergency, emergency prevention shall not always be reported.
(5) Emergency activities shall be carried out in the following order:
(a) the sampling stages to limit gas supply shall be declared;
(b) the sampling stages for the interruption of gas supply shall be declared,
(c) an emergency consumption stage is declared to interrupt the supply of gas to all customers.
(6) In the activities referred to in paragraph 5, the relevant operator shall not favour any gas trader customers.
(7) The emergency response shall be remedied according to the emergency plans of the manufacturer, transmission system operator, distribution system operators and underground gas storage operators.
Sampling stages
The sampling stages shall be broken down as follows:
(a) a basic step which means unabated take-off according to the contractual daily gas take-off;
(b) the sampling stages for limiting gas supply:
1. sample step 1, which means limiting the supply of gas to customers of Group A to the extent that they can switch to replacement fuel,
2. sample level 2, which means limiting the supply of gas to the customers of the group To the extent that they can switch to replacement fuel and limit daily gas consumption at the customers' sample points of B1 to the value of permitted daily consumption,
3. sample step 3, which means limiting the supply of gas to the customers of the group To the extent that they are able to switch to replacement fuel and reduce daily gas consumption at the customer's sampling points of B1 and B2, to the value of permitted daily consumption,
4. demand level 4, which means limiting the supply of gas to the customers of the group To the extent possible to switch to replacement fuel, to limit the daily gas consumption at the customers' sampling points of B1 and B2, to the value of the permitted daily consumption, and to reduce the daily gas consumption at the customers' points of C by 20% against the daily value for the next previous working day,
5. sample level 5, which means limiting the supply of gas to the customers of the group To the extent that they can switch to replacement fuel, to limit daily gas consumption at customers' customers' points of B1 and B2, to the value of permitted daily consumption, to a reduction of 20% of the daily gas consumption at the customers' points of C-group customers' point of demand against the daily value for the next previous working day, and to a reduction of 20% of the daily gas consumption at customers' points of E-group customers' point of demand against the value specified in the gas distribution contract,
(c) the sampling stages for interruption of gas supply:
1. sample level 6, which means the interruption of gas supply to the customers of the B1 group, the reduction of daily gas consumption at the demand points of the B2 group, to the value of the permitted daily consumption, the limitation of gas supply to the customers of Group A to the extent that they can switch to replacement fuel, the reduction of daily gas consumption at the customer's demand points of Group C by 20% against the daily value for the next previous working day and the reduction of daily gas consumption at the customers of Group E by 20% against the value specified in the gas distribution contract;
2. sample level 7, which means the interruption of gas supply to customers of B1 and B2, a 20% reduction in the daily gas consumption of customers of Group C compared to the daily value for the preceding working day, a 20% reduction in gas supply to customers of Group A to the extent that they can switch to replacement fuel and a 20% reduction in the daily gas consumption of customers of Group E compared to the value specified in the gas distribution contract;
3. demand level 8, which means the interruption of gas supply to customers of Group A, B1, B2 and C, a 20% reduction in daily consumption at customer customer points of Group E compared to the value specified in the gas distribution contract,
4. sample level 9, which means the interruption of the transport, distribution and supply of gas to the customers of categories A, B1, B2, C and E;
5. sample level 10, which means the interruption of the transport, distribution and supply of gas to the customers of categories A, B1, B2, C, D and E;
(d) the emergency demand stage, which means the interruption of gas supply to all customer demand points, including those of Group F customers.
Demonstration of sampling steps
(1) The transmission system operator announces the demand levels for the entire territory of the State via the Czech Radio, ČRo 1 station in regular daily relations, at 6.00 and 13.00 hours after the end of the reporting session and on the website of the market operator, the transmission system operator or other mass media. In the event of a declaration other than the basic stage of collection, the declaration shall be made according to the gravity of the situation.
(2) Distribution system operators declare a different than the basic demand stage for a particular part of the national territory via the Czech Radio, ČRo 1 station depending on the gravity of the situation and on the website of the market operator, the relevant distribution system operator or other mass media.
(3) At the same time, the competent operator shall notify the operators of the downstream systems and underground gas storage facilities, the Ministry, the Energy Regulatory Office, the Ministry of Interior, the local competent regional office or the City of Prague, the competent municipalities, the authorities of the Czech Police and the authorities of the Czech Fire Rescue Corps.
Authorised daily consumption
(1) The authorised daily consumption is determined as the minimum daily value of gas consumption to ensure the safety of the sampling facility and of the persons operating it, without immediate restriction of consumption. The permitted daily consumption shall be determined only for the customers of B1 and B2.
(2) In the case of a sampling gas installation where the take-off cannot be stopped immediately or reduced to permitted daily consumption, the time shift in hours is determined as the time necessary to stop or reduce the take-off.
(3) The authorised daily consumption shall be determined as the actual achieved minimum daily value over the period of the last quarter of the previous year and the first quarter of that year.
(4) The value determined in accordance with paragraph 3 shall be determined and communicated in writing by the competent operator to customers of sample points B1 and B2 by 31 May of the year concerned.
(5) If the customer does not send a written message to the relevant operator by 30 June of the year concerned, the customer shall be deemed to agree to the specified value of the permitted daily consumption. This means that it will reduce its consumption no later than 8 hours after the publication of the relevant sampling step. In the event that the customer disagrees with the value of the permitted daily consumption or the above-mentioned time limit for reducing the consumption to that value, the customer shall justify the different value of the permitted daily consumption and the time difference in hours by listing its appliances and their technological parameters by 30 June of the year. The competent operator shall confirm the acceptance or refusal of approval of the justified value of the permitted daily consumption and the time delay by written communication to the customer by 31 July of the year concerned. The values of the permitted daily consumption and the time shift established under this provision shall apply for the period from 1 October of the year to 30 September of the following year.
(6) The authorised daily consumption of new customers is determined on the basis of data relating to the quantities and uses of gas specified in the connection contract and the gas distribution contract.
Notification of customer inclusion
(1) The operator concerned shall notify the customers of sample points A, B1, B2 and C by 31 May of the year in question. If the customer does not agree to be assigned to the designated group, it shall justify this to the relevant operator by 30 June of the year in question. The relevant operator shall examine the conditions of inclusion and inform the customer of the final classification by 31 July of the year at the latest.
(2) The inclusion of customer demand points in Group D is communicated as follows:
(a) by 31 January of a given year, the competent operator shall send a provisional list of customer demand points proposed for inclusion in Group D to the competent regional authority or the City of Prague, indicating the name and address of the customer's demand point;
(b) the relevant operator shall carry out the definitive classification of customer demand points in Group D by 31 March of the year concerned and shall inform the customers concerned in writing by 30 April of that year.
(3) The inclusion of customer demand points in groups E and F is due to the size of their purchases and results from gas supply contracts, combined gas supply services or gas distribution contracts.
Emergency plan
(1) Emergency plans are being developed to deal with and eliminate accidents in facilities for the production, transport, distribution and storage of gas and to deal with the consequences of an emergency.
(2) The emergency plan must include:
(a) a description of the accident;
(b) a system for announcing and transmitting information in the event of accidents, in the event of an emergency, in the event of emergencies and in the announcement of sampling stages;
(c) the composition of the emergency committee, including the rights and obligations of its members;
(d) principles governing the disposal of accidents;
(e) the merger plan and the reporting obligations of the natural gas operator;
(f) the list of annexes and the location of the emergency plan.
Transitional provisions
(1) The inclusion of customer demand points for the period until 30 September 2010 in groups A, B1, B2, C and D shall be communicated by the relevant operator by 10 October 2009 to those customers whose demand facilities are directly connected to the relevant system. If the customer does not agree to be included in the relevant group, he shall state the reasons for this and inform the relevant operator in writing by 20 October 2009; the acceptance or refusal of consent shall be communicated by the relevant operator to the customer concerned in writing by 31 October 2009.
(2) The values of the permitted daily consumption set for the customers of B1 customers, B2 shall be communicated by the operator concerned to the customers by 10 October 2009. If the customer does not agree with the stated value of the permitted daily consumption or does not agree with the reduction of its consumption to that value no later than 8 hours after the publication of the relevant demand stage, the customer shall state the reasons and communicate in writing to the competent operator by 20 October 2009. The acceptance or refusal of consent shall be communicated in writing by the competent operator to the customer concerned by 31 October 2009.
(3) Pending the inclusion of the customers referred to in paragraph 1 and the determination of the value of permitted daily consumption, in cases of emergency and emergency situations for the entire territory of the State, the transmission system operator's instructions and in cases of emergency and emergency situations for the demarcated territory or parts thereof shall be followed as directed by the relevant distribution system operator.
Repeal
Decree No. 375 / 2005 Coll., on emergency situations in the gas industry, is repealed.
Efficacy
This Decree shall take effect on 1 October 2009.
Minister:
Ing. Tošovský v. r.
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Regulation Information
| Citation | Decree No. 334 / 2009 Coll., on emergency situations in gas industry |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.09.2009 |
|---|---|
| Effective from | 01.10.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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