Decree of the Central Energy Administration No. 38 / 1963 Coll.

Decree of the Central Energy Administration on the establishment and operation of heat generation and distribution facilities

Valid Effective from 11.01.1961
38.
DECLARATION
Central Energy Management
of 16 May 1963
on the establishment and operation of heat generation and distribution facilities
The Central Energy Administration, on the basis of the Government of the Czechoslovak Socialist Republic, provides for 1088 / 1960 and 321 / 1963:
I
Scope
§ 1
This decree applies to:
(a) heat plants, with the exception of small individual heat plants which are unsuitable for the central supply of the wider range of consumers (§ 23);
(b) heat distribution facilities intended for the supply of heat to more than one consumer (hereinafter referred to as "public heat distribution facilities" - Section 24); and
(c) thermal connections (§ 25),
with accessories.
II
General principles
§ 2
It is the responsibility of the operators of these undertakings and of the national committees to take care of the economic satisfaction of their own thermal energy needs in establishments and businesses and its economic and efficient use. These bodies and organisations also plan the necessary resources for this purpose.
The national committees shall take care of the effective coordination and satisfaction of heat needs, the improvement of maximum efficiency in the construction and operation of heat generation and distribution facilities and their most efficient use for the public supply of heat, using permanent energy advisory groups.
§ 3
In planning the supply of both industry and the population with heat, existing sources of heat must be used as much as possible, in particular by reconstructing or expanding them and choosing solutions that bring the most social benefits. It is necessary to organise to a large extent the combined investment construction of heat generation and distribution facilities to serve more consumers (Section 17 et seq.).
§ 4
The plants that consume heat for the purpose of production and the district national committees on the housing and municipal heat consumption sectors are obliged to collect and process data on both current and prospective heat consumption to such an extent that, based on their analyses, the necessary conclusions can be drawn for the planning of production, distribution and heat consumption.
§ 5
(1) The national committees, assisted by permanent energy advisory groups, address the way in which heat supply is most efficient and cost-effective on the basis of comprehensive analyses and balance sheets of heat needs and sources in the area under consideration; In so doing, it must always examine the possibilities of current economic production of electricity in the heat source under consideration according to the economic considerations of efficiency and economy. In their decision-making, national committees shall also ensure the hygiene of the air, in particular when setting up heat sources in densely populated areas.
(2) Where the construction of a plant for the production or distribution of heat is proposed in the interests of a particular organisation, it shall ensure that the necessary analyses and balances are drawn up in accordance with the preceding paragraph, in cooperation with the planning board of the relevant national committee, by that organisation (if more than one organisation is involved, as a rule, an organisation to be the main investor pursuant to Paragraph 18 (2), or an authority or organisation designated by the relevant national committee.
§ 6
(1) In order to ensure the use of heat production also for the production of electricity within the single electricity system of the Czechoslovak Socialist Republic, national committees shall, when discussing investment tasks, dealing with the supply of urban areas or housing areas by more than 5000 units or the supply of industrial and other heat customers with a capacity of more than 30 tonnes of steam / hour, request the opinion of the Central Energy Administration before expressing their views.
(2) In assessing the investment task, the Central Energy Administration may request the submission of further supporting documents necessary for the technical and economic assessment of the intended construction. Where necessary in serious cases, it may also request the submission of a procurement project before its approval.
(3) The opinion referred to in paragraphs 1 or 2 must be communicated by the Central Energy Administration to the applicant within 15 days of the date of receipt of the application or within 15 days of its completion (for investment tasks or the procurement project whose assessment requires clarification of more complex relationships, within 30 days).
§ 7
In the absence of agreement on the identification of the investor or, where appropriate, the operator of the plant for the production or distribution of heat between the participating authorities and organisations, even at the level of the district national committee, they shall be decided by the competent regional national committee. If the organisation is not managed by a national committee, the Regional National Committee shall, before its decision, seek the opinion of the authority to which it is subordinate.
III
Establishment and operation of heat production plants
§ 8
Heat plants which are intended wholly or mainly for their own operational needs for industrial, transport or agricultural plants (plant heat plants) shall be set up or expanded by the operators of such plants or, for newly built buildings, by their investors.
§ 9
(1) The heating and boiler rooms (blocks and homes) intended for the supply of domestic and civil building by heat are generally set up and expanded by owners (administrators) or investors of the buildings for which heat supply is intended. In the case of concentrated housing and civil construction, general investors establish or expand heat generation and distribution facilities. The relevant national committees shall decide on any exceptions to this principle.
(2) National committees, or organisations managed by them, may also, in agreement with the Central Energy Administration, be investors and operators of CHP plants, including the relevant heat distribution facilities, where appropriate and economically.
(3) Where a heat production plant established pursuant to paragraph 1 or 2 serves more than one consumer, the competent national committee shall decide which organisation to operate it.
(4) The effluents resulting from the renovation of the power plant in the management of the energy undertaking or of the power plant where they are intended wholly or principally to satisfy the housing and communal heat needs shall, as a general rule, be transferred, in agreement with the supervisor of the existing operator, to the management and operation of the local economy organisation designated by the relevant national committee.
§ 10
(1) If an appropriate reconstruction or extension of the heat production plant can be achieved by the efficient use of such a plant for the economical supply of heat to other customers, the manufacturer's operator shall have it reconstructed or extended to the extent specified, if not agreed, by the relevant national committee. Paragraph 17 et seq. The reconstruction or expansion of the heat production plant must be carried out in such a way as to avoid disrupting the purposeful production of its operator.
(2) The reconstruction or extension of the heat plant referred to in the previous paragraph, whether caused by increased heat demand from the producer or customers, must also be carried out by the heat plant operator if it is already serving more than one customer and ensuring that they are supplied by heat otherwise would not be efficient or economical in terms of the concept of heat supply. Paragraph 17 et seq. on the payment of the investment costs related thereto applies mutatis mutandis.
§ 11
Energy undertakings shall set up heating plants for the public supply of heat to the extent set out in the national development plan for the national economy and operate such heating plants.
IV
Establishment and operation of heat distribution facilities
§ 12
(1) Energy undertakings are, to the extent set out in the National Economy Development Plan, investors of heat generation installations (CHP plants, power plants) which are built or operated by energy undertakings, in so far as they are not heat distribution facilities for newly built housing.
(2) Investors of heat supply and distribution facilities which are mainly intended for the supply of heat for industrial or other plants are the operators of such plants or, in the case of newly built plants, their investors if no other agreement is reached within the framework of the combined investment construction of such plants pursuant to § 17 et seq.
(3) Investors of heat distribution facilities in other cases are organisations governed by national committees, unless otherwise agreed.
§ 13
(1) In principle, one organisation is to be the operator of the plant for the public distribution of heat, unless there are serious reasons for doing so.
(2) In addition to the installations for the public distribution of heat which they themselves have set up as investors (Section 12 (1)), energy undertakings also operate other installations for the public distribution of heat which distribute heat from heat plants (CHP plants, power plants) in the management of energy undertakings, even though the investors of these plants were other organisations.
(3) Heat distribution facilities which are mainly intended to supply urban housing areas with heat and distribute heat from heat production in the management of non-energy undertakings shall be operated by organisations governed by national committees, unless otherwise agreed.
(4) Heat supply and distribution facilities which are intended primarily for the supply of heat for industrial or other plants shall operate such plants unless otherwise agreed.
V
Establishment and operation of thermal connections and heat sampling installations
§ 14
Thermal connections shall be set up or extended, under conditions laid down by the operator, to their cargo by the owners of the buildings or installations to be connected to the installation, or for newly built buildings or installations by their investors. In particular, such conditions may require the investors of thermal connections to transfer the connection after their permanent operation (use) is authorised, unless it is already national property, free of charge to the State and the administration of the operator of the public heat distribution facility to which the thermal connection is connected.
§ 15
Where existing thermal connections or parts thereof are managed by an organisation other than the operator of the plant for the public distribution of heat, the operator of the plant shall agree with them to transfer them to its administration.
§ 16
Selective heat installations connected to the heat connection as well as other non-public heat distribution installations shall be set up and operated by the customer on their load.
VI
Establishment and operation of joint installations for the production and distribution of heat
§ 17
The regional and regional national committees organise the joint investment construction of heat generation and distribution facilities serving more consumers. If the investment and the participation of the participating organisations in the investment costs at the level of the District National Committees to the agreement is not decided upon, the Regional National Committees (Sections 33 (3) and 41 (8) of the Government) shall, if not the organisation managed by the National Committee, decide on them after the submission of the authority to which the organisation is subordinate.
§ 18
(1) In the case of a combined investment construction (event. reconstruction, addition or extension) of a plant for the production or distribution of heat, the construction of the main investor, approved by the district national committee, is ensured. In order to address common issues related to the preparation and provision of the combined construction of or operation of heat generation or distribution facilities, the participating authorities and organisations may set up heating committees as their advisory and working body. These committees may, in particular, be convinced of the progress and economy of the construction and operation of the joint equipment and, if the joint source is insufficient by its performance to meet the heat needs of the customers involved, propose measures to balance the heat balance.
(2) The main investor is:
(a) in the case of new construction, the organisation which has the most suitable conditions for construction (e.g. suitable construction sites, qualified personnel, etc.), or the organisation which is to be the largest buyer of heat output from the built heat source at the final stage of construction;
(b) when reconstructing, supplementing or expanding existing facilities of an organisation which has its management (ownership).
§ 19
(1) In the case of a combined construction (reconstruction or extension) of a plant for the production or distribution of heat, the principle is that the shares in the investment costs are to be distributed among the participants, unless otherwise agreed, in proportion to the planned thermal consumption at the final stage of the planned construction, including the consumption of heat for the production of heat in the heating process.
(2) The organisations involved in the construction of the joint venture shall transfer the investment funds (investment cost shares) to the main investor in an agreed or specified amount.
(3) Equipment built from common investment funds will be managed by the organisation that will operate it.
(4) If further heat needs are created after the construction of the joint plant for the production and distribution of heat requiring the extension or reconstruction of the joint plant, the associated costs shall be borne by the organisation for which this need has been created.
§ 20
If the investment costs for the combined construction of the central heat production plant (§ 23) and the continuous heat distribution plant are higher than the total investment costs for the construction of individual heat production facilities by individual participants, the difference in the investment costs may, in justified cases of general interest, be covered by State budget resources under specific rules.
§ 21
(1) Participants which join in the joint construction (reconstruction, extension, etc.) of heat supply facilities will collect heat from this installation at a price corresponding to their own production costs, including the cost of operation of the power plant, plus 3% of the return. However, if the heat price thus determined should exceptionally be higher than the national wholesale heat price, it must be approved when discussing the preparatory documentation of the combined construction (reconstruction, extension, etc.) of the installation for the production or distribution of heat by the competent national committee.
(2) Collectors who did not participate in the combined construction (reconstruction, extension, etc.) of heat supply facilities by their means will collect heat from this installation at the national wholesale price. However, if the production costs of heat, together with the profitability referred to in the previous paragraph, are exceptionally higher than that price, they shall pay this higher price.
§ 22
The heat production operator cannot unilaterally cancel the obligation to supply heat to the customer who contributed by paying the investment share to the joint construction (reconstruction, extension) of the operator's heat production facility.
VII
Provisions common and final
§ 23
Heat plants
Heat plants include heat plants, power plants with heat supply, heating plants and boiler rooms (block and home).
§ 24
Equipment for the public distribution of heat
Heat distribution facilities are installations (lines and stations with accessories) which are based on a heat production plant and serve the supply of heat to several customers.
§ 25
Heat connections
(1) Heat connection means a heat line which diverts from a public heat distribution device towards the customer and is intended to connect the heat extraction equipment.
(2) The heat connection starts towards the customer by turning away from the public heat distribution plant and ends with the first and the last closing fittings at the customer's premises for the supply line and the return pipe. If the supply and return pipes are fitted with closing fittings before the customer's object, these fittings are part of the public heat distribution equipment.
(3) The sampling thermal equipment is the equipment that is connected to the heat connection and is intended for heat collection.
(4) In doubt, the boundaries between the heat connection and the heat collection installation are determined by the operator or investor of the heat distribution facility.
§ 26
The central energy management, the organisations entrusted with it, as well as the national committees and their bodies, shall be entitled to require investors and operators of heat generation and distribution facilities to provide the information and documentation necessary to plan the production, distribution and consumption of heat and to analyse their economies to the extent agreed with the central authorities and authorities involved.
§ 27
According to the guidelines for determining the investor of the heat distribution plant referred to in Section 12, investment projects for which a decision on their investor has not yet been taken on 1 June 1963 are only to be followed.
§ 28
The provisions contained in this Decree came into force on 11 January 1961, *) with the exception of Sections 12, 13 and 24, which become effective on 1 June 1963.
Minister:
Korcák v. r.
*) Official Gazette of the Czechoslovak Socialist Republic, amount 2 of 11 January 1961.

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Regulation Information

CitationDecree of the Central Energy Administration No. 38 / 1963 Coll., on the Establishment and Operation of Heat Production and Distribution Equipment
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation27.05.1963
Effective from11.01.1961
Effective until-
Status Valid
The regulation text is for informational purposes only.
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