Decree No. 438 / 2012 Coll.
Decree amending Decree No. 541 / 2005 Coll., on the Rules of the Electricity Market, the principles of pricing for the activities of the electricity market operator and the implementation of certain other provisions of the Energy Act, as amended
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13.12.2012
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438
DECLARATION
of 6 December 2012
amending Decree No 541 / 2005 Coll., on the Rules of the Electricity Market, the principles of pricing the activities of the electricity market operator and the implementation of certain other provisions of the Energy Act, as amended
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. 211 / 2011 Coll.:
Decree No. 541 / 2005 Coll., on the Rules of the Electricity Market, the Principles of Price Creation for the Activities of the Electricity Market Operator and the Implementation of Certain Other Provisions of the Energy Act, as amended by Decree No. 552 / 2006 Coll., Decree No. 365 / 2007 Coll., Decree No. 454 / 2008 Coll., Decree No. 468 / 2009 Coll., Decree No. 400 / 2010 Coll. and Decree No. 371 / 2011 Coll., is amended as follows:
1. in Article 2 (1) (m):
"(m) the point of transmission - the point of transmission and reception between the transmission or distribution system operator and another participant in the electricity market the installation of which is connected to that system, with the exception of the sampling point, ';
2. in Paragraph 2 (1) (p):
"(p) registration number - 13-digit identification code allocated by the market operator to the electricity market participant, ';
3. in Article 2 (2) (a):
"(a) technological own electricity consumption - electricity consumption in electricity or electricity and heat generation in the main production facility as well as ancillary plants directly related to production, including production, conversion or modification of fuel, distribution losses of own consumption, as well as losses on power generation transformers for supply to the distribution system or transmission system, ';
4. in Paragraph 2 (2) (h):
"(h) the manufacturer of the first category - the manufacturer whose electricity production is assessed is connected to the transmission or distribution system and which supplies at least 80% of the annual quantity of electricity produced in the electricity generation plant operated by it, reduced by the technological own consumption of electricity, to the transmission or distribution system, or the manufacturer which provides the support service under contract with the transmission system operator, ';
5. In Paragraph 2 (2), the dot is replaced by a comma at the end of point (o) and the following point (p) is added:
"(p) identification code - 18-digit identification code assigned by the transmission or distribution system operator to the sampling or transmission point."
6. Paragraph 4 (1) and (2) reads as follows:
"(1) The market operator shall establish and manage the code lists of registered electricity market participants, transmission and distribution system code lists and other code lists necessary to identify electricity market participants and individual connection points. The customer registration number may be identical to the identification number of the customer's sampling point.
(2) On the basis of the instructions of the market operator, the TSO or the distribution system shall allocate code numbers from code lists to the demand and transmission points of the electricity market participants. At the request of a electricity market participant, the transmission or distribution system operator shall communicate to that participant the identification code numbers of its sampling and transmission points. ';
7. In Article 5 (14), the first sentence is replaced by the following: "The manufacturer of the first category does not negotiate the reserved capacity and does not pay the payment for the reserved capacity for the points of connection of the electricity generation plant or for the points of connection of the installation for the technological self-consumption of electricity, except for the collection of electricity from the transmission system or distribution system at a long-term standstill of the production plant for more than 30 days."
8. In Paragraph 5a, the following paragraph 2 is inserted after paragraph 1:
"(2) In the case of an existing demand facility, the transmission of electricity or the distribution of electricity in the test operation shall be allowed if the installed power input of the newly installed or reconstructed electrical equipment at the sampling point is at least 10% of the value of the reserved power input agreed in the connection contract or a new electrical installation of the installed power input of at least 1 MW is installed. ';
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
9. Paragraph 5a (6) reads as follows:
"(6) The payment for the transmission of electricity and the payment for the distribution of electricity in test operations shall consist of the payment for the use of networks and the payment for the reservation of capacity and the maximum measured value of quarter-hour electricity at the customer's sampling or transfer point during each calendar month in which the transmission or distribution of electricity in test operations was provided. The maximum value of the taken quarter-hour electrical power cannot be higher than the value of the reserved power consumption agreed in the connection contract. ';
10.Paragraph 8 (1) reads as follows:
"(1) The responsibility for the derogation relating to each individual customer demand point or the sum of the transfer points of each individual electricity plant or the sum of the transfer points for each individual designated territory of the distribution system operator may be transferred to only one clearing entity. In the case of new generation or demand by a electricity market participant at the already registered electricity demand and transmission points, the transmission or distribution system operator shall register the connection of its facilities to the transmission or distribution system where both supply and purchase are made, as two production points, separately for the supply of electricity and for electricity. The responsibility for such registered transfer points may be transferred to two different settlement entities, with the fact that actual values of electricity supplies are transmitted per transfer point and, secondly, actual values of electricity withdrawals are transmitted for the transfer point. When registering a new electricity transmission point for the supply of electricity to the electricity system and electricity from the electricity system, the responsibility of the market operator for the derogation shall be primarily assigned to the transmission system operator or distribution system operator to which the electricity production is connected. The transfer of responsibility for the derogation for the transfer point of supply to the system to another settlement entity in accordance with the fourth sentence shall take place in accordance with Section 31b. The change of supplier at the electricity transmission point from the electricity system shall be treated mutatis mutandis in accordance with Section 31a. ';
11. in Paragraph 8 (4):
"(4) The request for delegation of responsibility for the derogation shall be submitted by the electricity market participant through the market operator information system and the clearing entity shall agree, through the market operator information system, the allocation of responsibility for the derogation at the sampling or transfer point or in the total of the transfer points for the defined territory of the distribution system operator. ';
12. In Article 8, paragraphs 5 to 7 are added:
"(5) The market operator shall not register the transfer of responsibility for the derogation referred to in paragraph 4 after agreeing to assign responsibility for the derogation by the clearing entity if the taking of responsibility for the derogation would result in insufficient financial collateral for payments to the clearing entity assuming responsibility for the derogation. Within 120 minutes of the request and acceptance by the receiving settlement entity, the market operator of the transferring electricity market participant, the receiving clearing entity and the relevant transmission or distribution system operator shall notify the outcome of the assessment of the allocation of responsibility for the derogation. The effective allocation of responsibility for the derogation shall take place not earlier than the following calendar day following receipt of the registration by the market operator. At the effective date of the change of the settlement entity, the transmission or distribution system operator shall deduct or determine the status of the measuring equipment in accordance with § 30a (8) and (9).
(6) The settlement entity may delegate responsibility for the derogation to another settlement entity. The transfer of responsibility for the derogation to another clearing entity may also transfer responsibility for the difference in the electricity consumption values determined in accordance with Paragraph 19 (15) of the transferring clearing entity. The request for delegation of responsibility for the derogation shall be submitted by the transferring entity through the market operator's information system. The receiving settlement entity shall agree to the delegation of responsibility for the derogation through the market operator information system.
(7) The market operator shall not register the transfer of responsibility for the derogation referred to in paragraph 6 of the settlement entity following the approval of the assignment of responsibility for the derogation by the receiving settlement entity if the taking of responsibility for the derogation would result in insufficient financial collateral for payments to the settlement entity assuming responsibility for the derogation. Within 120 minutes of the submission of the request and approval by the receiving settlement entity, the market operator shall, through its information system, inform the market operator of the outcome of the assessment of the allocation of responsibility for the derogation by the transferring and receiving settlement entities. The effective transfer of responsibility for the derogation to another clearing entity shall take place no earlier than the day following its registration by the market operator. The liability for the derogation of a settlement entity which has assumed responsibility for the derogation from another settlement entity may no longer be transferred to another settlement entity. ';
13. The first sentence of Article 11 (5) reads: "After notification of the results of the daily market to individual participants, the market operator shall publish in a manner that allows long-distance access to supply and demand curves, the amount of electricity from the underlying transactions, the electricity price reached for each trading hour, the resulting hourly green bonuses for each category of renewable sources for each trading hour, the amount of electricity from unexecuted bids and demand, the number of successful and unsuccessful bids received and the number of successful and unsuccessful requests received."
14. in Article 15 (2), the first sentence is deleted;
15. Article 16 shall be deleted, including the title.
16. in Article 17 (2) (a), the words "multiannual, annual or monthly" shall be deleted;
17. In Article 18, at the end of paragraph 1, the dot is replaced by a comma and the following point (g) is added:
"(g) the quantity of electricity not collected in electricity generation plants under the dispatching procedure under Article 26 (5) of the Energy Act."
18. Paragraph 19 (18) reads:
"(18) For customer sampling points with type C measurement in the type diagram regions that have changed suppliers, the market operator shall settle the differences referred to in paragraphs 16 and 17 in two stages:
(a) the monthly assessment of differences shall be carried out on the twelfth working day of the month following the month to which the electricity consumption deductions for these sampling points relate; the values of these deductions shall be sent to the market operator by the deadline referred to in Article 32 (2) and their corrections no later than the eleventh working day of the month following the month to which the deductions relate;
(b) the final monthly assessment of the differences shall be carried out on the 10th working day of the fourth month following the month to which the electricity consumption deductions for these sampling points relate; the values of such deductions shall be sent to the market operator within the time limit referred to in Article 32 (2) and their corrections no later than the ninth working day of the fourth month following the month to which the deductions relate. ';
19. In Article 21, the following paragraph 6 is added:
"(6) For the purposes of assessing derogations, the quantity of electricity not recovered in electricity generation in the dispatching procedure referred to in Article 26 (5) of the Energy Act transmitted by the transmission system operator shall be treated as zero-price regulatory energy. '.
20. Paragraph 27, including the title and footnote 29, reads as follows:
Transmission of data for billing and payment of payments for the provision of system services
(1) The electricity producer, following prior registration of the electricity generation plant in the market operator information system, shall transmit to the market operator, via the market operator information system, the data for the previous calendar month in accordance with Annex 5a to this Regulation, no later than the 10th calendar day of the following calendar month. This is also the case if the power plant is connected to the customer's demand facility, which is a legal or natural person other than the producer's operator. The electricity producer whose electricity production is connected to the customer's demand facility shall pay the price for the system services to the distribution system operator whose system the customer's demand point is connected to. At the same time, a manufacturer whose power plant with installed power over 30 kW, with the exception of a power plant with the use of solar energy or wind energy, is connected to the customer's demand facility, shall charge the distribution system operator whose system is connected to the customer's demand point the price for reduced demand for system services for local consumption of the electricity producer.
(2) The transmission of data referred to in paragraph 1 shall not apply to the manufacturer who transmits the data necessary for the purpose of determining payment for system services in the context of reporting data for the payment of support under the Energy Supported Act (29) and implementing legislation for this Act.
(3) The local distribution system operator shall transmit to the market operator, through its information system, the data for the previous calendar month in accordance with Annex 5b to this Regulation, no later than the 15th calendar day following the end of the calendar month. By the 15th calendar day following the end of the calendar month at the latest, the local distribution system operator shall communicate to each manufacturer, with the exception of a plant with installed power up to and including 30 kW or a producer producing electricity using solar energy or wind energy connected to the local distribution system, the size of the local consumption of producers in the defined territory of the local distribution system operator over the previous calendar month relating to that producer. This local consumption shall be determined as the product of the sum of the local consumption of all producers in the defined territory of the local distribution system operator and the proportion of the amount of electricity produced by the relevant producer less the technological self-consumption of electricity to the total quantity of electricity produced by all producers in the defined territory of the local distribution system operator less the technological self-consumption of electricity.
(4) The regional distribution system operator shall transmit to the market operator, through its information system, no later than the twelfth day of the following calendar month for the previous month in MWh,
(a) an estimate of the total quantity of electricity transported by the distribution system operator
1. to customers whose equipment is connected to its distribution system, with the exception of electricity purchased outside the electricity system of the Czech Republic, which is consumed in island traffic demonstrably separated from the electricity system of the Czech Republic,
2. local distribution system operators whose equipment is connected to its distribution system;
3. Manufacturers whose equipment is connected to the distribution system, other than the technological own electricity consumption,
4. for other consumption of the distribution system operator,
(b) an estimate of the total quantity of local consumption of producers in production sites connected to the distribution system;
(c) the total amount of electricity withdrawn from the electricity system of the Czech Republic as a result of full or partial connection of originally divided island traffic in excess of the diagram approved in the daily preparation of the operation.
(5) The transmission system operator shall determine, for the purposes of payment for the provision of system services, the amount of electricity taken directly from the transmission system by customers and taken by producers whose equipment is connected to the transmission system from the measured consumption values.
(6) On the basis of the data referred to in paragraphs 1 and 3 and the data referred to in the Energy Support Act (29), the local distribution system operator shall charge prices for system services to the manufacturer or customer whose demand or transfer point is connected to the local distribution system operated by it. The parent local distribution system operator shall also charge prices for system services to the distribution system operator whose distribution system is connected to its distribution system.
(7) On the basis of the data referred to in paragraphs 1, 3 and 4 and the data provided by the Energy Supported Act (29), the regional distribution system operator shall charge the prices for system services to the operator of the relevant local distribution system or to the customer or to the manufacturer whose equipment is connected to the regional distribution system.
(8) On the basis of the data referred to in paragraph 4, the transmission system operator shall charge the prices for system services to the relevant regional distribution system operator.
(9) On the basis of the data referred to in paragraph 5, the transmission system operator shall charge prices for system services to the client whose equipment is connected to the transmission system or to the manufacturer whose equipment is connected to the transmission system.
(10) A manufacturer with installed power of a power plant over 30 kW shall charge the transmission or distribution system operator to whose system the power plant is connected the price for reduced demand for system services for local consumption of the producers on the basis of the data referred to in paragraphs 1 and 3; this price shall not be charged by the electricity producer using solar or wind power plants.
(11) The amount of payment for the provision of system services is determined by the product of electricity collection of the electricity market participant and the price of system services in CZK / MWh in accordance with the price decision of the Office.
(12) Payment for system services is not paid for electricity consumed for pumping in pumped-in hydropower plants and for electricity supplied abroad with the exception of the supply of electricity from the electricity system of the Czech Republic to a part of the territory of another State not linked to the foreign electricity system.
(13) The distribution system operator shall pay the price for reduced local consumption system services to the transmission or distribution system operator to which the system service payer's equipment is connected. The amount of payment is determined by the product of the size of the local consumption of producers and the price of system services in CZK / MWh in accordance with the price decision of the Office.
(14) By the 28th day of the calendar month following the period for which the system services have been cleared, the regional distribution system operator shall transmit to the market operator, through its information system, the final data on the total amount of electricity transported and consumed in the calendar month concerned. The transmission system operator shall account for any deviations in quantity compared to the billing without delay to the relevant distribution system operator.
(15) The data referred to in paragraphs 1, 3, 4 and 14 shall be made available by the market operator in his information system to all participants in the electricity market who use it to account for the price of system services.
(16) The manufacturer shall communicate each year by 31 January at the latest to the transmission system operator or distribution system operator to which the electricity plant is connected, the classification of the power plant as the manufacturer of the first category or second category on the basis of the measurement data established in the previous calendar year. If the manufacturer has not notified the inclusion of the power plant in the category of the manufacturer within the period specified in the first sentence, the production plant shall be deemed to be in the second category.
(17) In the case of a power plant put into service during a calendar year, the transmission system operator or distribution system operator shall decide on the inclusion of the manufacturer in the first or second category on the basis of the ratio between the installed output of the production plant and the reserved input at a given sampling or transmission point. In such a case, the manufacturer shall be considered to be the manufacturer of the first category with the ratio between the installed output of the production plant and the reserved power input at a given sampling or transfer point equal to or greater than 5. After the end of the calendar year, the transmission system operator or distribution system operator shall re-evaluate the manufacturer's inclusion in the first or second category on the basis of the measurement data established in the previous calendar year.
(18) The transmission system operator or distribution system operator shall use the category of manufacturers referred to in paragraphs 16 and 17 to determine electricity or electricity distribution and related services from the beginning of the second quarter of the year to the end of the first quarter of the following year.
29) Act No. 165 / 2012 Coll., on supported energy sources and on the amendment of certain laws. '
21. Paragraph 28, including the title and footnote 30, reads as follows:
Scope and timing of the bill of payments for the services of the market operator
(1) For the services of the market operator, the prices for the activities of the market operator referred to in paragraph 2 shall be charged to the parties to the electricity market in accordance with paragraphs 3 to 11.
(2) The prices for the activities of the market operator are:
a) price for the activity of the market operator in electricity in CZK / MWh
1. electricity consumed by the customer, manufacturer or operator of the transmission or distribution system, except electricity for pumping over-pumping hydro power stations and the technological own consumption of electricity and losses in the transmission and distribution system;
2. electricity consumed by a customer in island traffic within the territory of the Czech Republic demonstrably separated from the electricity system of the Czech Republic and in defined island traffic abroad connected to the electricity system of the Czech Republic,
(b) the clearing price of the market operator, consisting of:
1st prize for registration of the clearing entity in CZK,
2nd annual clearing price in CZK / year,
c) fixed price for providing real value to electricity market participants in CZK / year; the price is paid by a registered electricity market participant that is not a clearing entity;
(d) the price for the quantity of electricity traded on the organised block market, the day-ahead market and the intraday market in CZK / MWh; the price is paid by the clearing entity that concluded the contract for access to the organised short-term electricity market.
(3) The prices for the activities of the market operator shall be borne by the electricity market participant directly to the market operator, with the exception of those referred to in paragraph 2 (a), paid by the electricity market participant to the transmission or distribution system operator to which the electricity market participant's equipment is connected at least once a month.
(4) The prices referred to in paragraph 2 (a) are not paid for the electricity consumed by the producer for the drawing of overdraft hydroelectric power stations, for the technological self-consumption of electricity and for losses in the transmission or distribution system.
(5) The regional distribution system operator shall transmit to the market operator, through its information system, no later than the twelfth day of the following calendar month for the previous month in MWh,
(a) an estimate of the total electricity supplied by the distribution system operator to all customers, local distribution system operators whose installations are connected to its distribution system and the other consumption of the distribution system operator;
(b) an estimate of the total quantity of electricity referred to in Article 27 (1) and (3);
(c) the total amount of electricity collected by customers in a defined island operation abroad connected to the electricity system and in an island operation within the territory of the Czech Republic, evidently separated from the electricity system.
(6) The transmission system operator shall transmit to the market operator, through its information system, no later than the twelfth day following the end of a given calendar month, an estimate of the amount of electricity taken from customers directly from the transmission system, the local consumption of the producers whose equipment is connected to the transmission system and the other consumption of the transmission system operator. In order to determine local consumption, the manufacturer shall, by means of its information system, transmit to the market operator, in accordance with the procedure laid down in Article 27 (1), the size of the other consumption on the premises of the electricity plant and the size of the foreign consumption on the premises of the electricity production plant by the 10th day of the calendar month following the period for which the bill of the fixed price for the activity of the market operator is made. The transmission of data under this paragraph shall not apply to the manufacturer who transmits the data necessary for the purpose of determining payment for system services in the context of reporting data for the payment of support under the Supported Sources Act (29) and its implementing provisions.
(7) The data referred to in paragraph 6 shall be made available by the market operator in its information system to all participants in the electricity market who use it to account for the price of system services.
(8) On the basis of the data referred to in Article 27 (1), (2) and (4) and the data referred to in the Decree on the way prices are regulated in the energy sector and price regulation procedures (30), the regional distribution system operator shall charge the operator of the relevant local distribution system or the customer or the manufacturer of which the installation is connected to the regional distribution system the price for the activity of the market operator referred to in paragraph 2 (a) for the electricity referred to in paragraph 2 (a) (1) and (2) and for the electricity for other consumption of the local distribution system operator.
(9) On the basis of the data referred to in paragraph 5 and the data referred to in the Decree on the way prices are regulated in the energy sector and price regulation procedures (30), the market operator shall charge the operator of the regional distribution system concerned the price for the activity of the market operator referred to in paragraph 2 (a) for the electricity referred to in paragraph 2 (a) (1) and (2) and for the electricity for other consumption of the distribution system operators.
(10) On the basis of the data referred to in paragraph 6 and the data referred to in the Decree on the way prices are regulated in the energy sector and price regulation procedures (30), the market operator shall charge the transmission system operator the price for the activity of the market operator referred to in paragraph 2 (a) for the electricity referred to in paragraph 2 (a) (1) and (2) and for electricity for other consumption of the transmission system operator.
(11) At the latest by the 28th day of the calendar month following the period for which the price statement referred to in paragraph 2 (a) for electricity referred to in paragraph 2 (a) (1) and (2) and for electricity for other consumption by distribution system operators has been made, the regional distribution system operator and the transmission system operator shall transmit to the market operator, through its information system, the final data on the total amount of electricity transported and consumed in the calendar month concerned, broken down in accordance with paragraphs 5 and 6. Any variation in quantity compared to the bill shall be charged by the market operator without delay to the relevant distribution system operator.
30) Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and price regulation procedures, as amended by Decree No. 348 / 2012 Coll. '.
22. in Paragraph 29 (1), the dot is replaced by a comma at the end of point (g) and the following point (h) is added:
"(h) statistics on hourly green bonuses for each category of renewable sources."
23. In Paragraph 29, the following paragraph 7 is inserted after paragraph 6:
"(7) The market operator shall make available to the buyer the calculated differences between the purchase prices and green bonuses for each category of renewable sources. ';
Paragraph 7 shall become paragraph 8.
24.
(1) Prior to the submission of a request for a first change of supplier, the electricity market participant whose demand or transfer point is connected to a transmission or distribution system with a voltage between phases of more than 1 kV shall submit to the TSO or the relevant distribution system operator a request for the conclusion of a new connection contract if the connection contract under existing legislation has not already been concluded, at the latest by the dates referred to in paragraph 5.
(2) The procedure referred to in paragraph 1 shall not apply to the transmission points of electricity generation connected to the electricity system and to customer demand points connected to the transmission or distribution system from 1 January 2002.
(3) A new supplier's request for a change of supplier shall be subject to a contract for the supply of electricity or a contract for the combined supply of electricity concluded between the electricity market participant and the new supplier.
(4) At the earliest 4 months before and no later than 10: 00 on the 10th working day before the date from which the delivery is to take place (hereinafter referred to as "the effective date of the change of supplier '), the new supplier shall submit to the market operator a request for the change of supplier, which shall include the following information:
(a) the registration number of the new supplier;
(b) the type of contract to be covered by the supply of electricity;
(c) the effective date of the change of supplier;
(d) the duration of the legal relationship established by the contract;
(e) the trading firm, the name or name, registered office or place of business and the clearing entity's registration number, which shall be responsible for the derogation for the points of demand for which the delivery will take place;
(f) identification numbers of the sampling or transfer points;
(g) whether the contract for the supply of electricity or associated electricity services has been concluded by the consumer or by a natural person in or outside the premises of normal business.
(5) Where a request for a change of supplier pursuant to paragraph 4 is made to a market operator later than 10: 00, the request for a change of supplier shall be made on the following working day.
(6) The market operator shall make it possible to send a request for a change to the supplier for the sampling or transfer point by the market operator information system even where the demand or transfer point is not registered in the market operator information system. The identification number of such sampling or transfer point shall be the identification code number assigned in accordance with Paragraph 4 (2). Where the identification code has not been assigned for the sampling or transfer point, the transmission or distribution system operator shall ensure its allocation without delay.
(7) By the deadline referred to in paragraph 4 or 5 at the latest, the electricity market participant shall submit to the transmission system operator or relevant distribution system operator a request for the conclusion of a electricity transfer contract or a distribution contract with the requirements set out in Annex 1 or 2, or a request for a change to the legal relations established by the existing electricity transfer agreement or the electricity distribution contract for the demand points referred to in paragraph 4 or 5, where such a contract is already concluded between the electricity market participants. An application for the conclusion of a electricity transfer contract or electricity distribution contract shall not be submitted where such a contract is concluded between the parties to the electricity market. Request
(a) a new supplier where the supply of electricity is to be made under a contract pursuant to Article 7 (1) (d); or
(b) another participant in the electricity market where the supply of electricity is to be made under another contract.
(8) The market operator shall inform by 12: 00 at the latest of the date on which the request referred to in paragraph 4 or 5 was made of the receipt of the request for a change to the supplier and the planned change to the supplier of the existing supplier, the existing clearing entity, the new supplier, the new clearing entity and, where applicable, the other concerned clearing entities and the transmission system operator or the relevant distribution system operator to which the electricity market participant's demand or transfer points are connected. At the same time, the market operator shall transmit data to the new supplier and the new clearing entity within the scope of paragraph 4 (a) to (g). In addition, the market operator shall transmit data to the existing supplier and the existing clearing entity to the extent referred to in paragraph 4 (c), (f) and (g), as well as to the transmission system operator or relevant distribution system operator, to the extent referred to in paragraph 4 (a) to (d), (f) and (g).
(9) The transmission system operator or distribution system operator shall send to the market operator, as demand points or transfer points for which a change of supplier is to take place and which are not registered in the market operator information system, the data necessary for their registration by 12.00 hours on the fifth working day after the deadline referred to in paragraph 8.
(10) The transmission system operator or distribution system operator shall inform the market operator of the outcome of the assessment of the request for the electricity transfer contract or the electricity distribution contract or the request for a change in the legal relationship established by the existing electricity transfer contract or the electricity distribution contract within 18.00 hours of the fifth working day after the deadline referred to in paragraph 8, as regards the change in the supplier when the new supplier concluded the contract for the combined electricity supply services. The transmission system operator or distribution system operator shall reject the request in accordance with the first sentence and shall state the specific reasons for such refusal in a report sent to the market operator only if:
(a) it is not possible to identify clearly from the application a market participant by assigning the identification number of the sampling point with the name, surname and date of birth of the market participant or of the trading firm or, where appropriate, the name of the market participant and, where assigned, the identity number of the person;
(b) the point of collection in which the supplier is to be changed is not included in the request for conclusion or for negotiation of an amendment to the framework contract for distribution of electricity;
(c) the application does not specify the invoicing address of the market participant at whose point the supplier is to be changed;
(d) a request for the conclusion of a connection agreement or a request to negotiate a change to the legal relations established by an existing connection agreement, if required, is not received;
(e) the request requires a reserved capacity which is higher than the value of the reserved power specified in the connection contract;
(f) the request for the conclusion of a contract for the transfer of electricity or a contract for the distribution of electricity or an application for the negotiation of a change to the legal relations established by an existing contract for the transfer of electricity or a contract for the distribution of electricity shall include an earlier date for the start of the transmission or distribution of electricity than the effective date of the change of supplier in the requirement for the change of supplier;
(g) the request for the conclusion of a contract for the transmission of electricity or a contract for the distribution of electricity or an application for the negotiation of a change in legal relations established by an existing contract for the transmission of electricity or a contract for the distribution of electricity shall include a later date for the start of the transmission or distribution of electricity than the date of the effective change of the supplier in the requirement for the change of the supplier.
(11) The transmission system operator or distribution system operator shall inform the new supplier of the specific reasons for refusal referred to in paragraph 10 through the market operator information system no later than 18.00 hours on the fourth working day following the transmission of the information referred to in paragraph 8. The transmission system operator or distribution system operator shall accept the request referred to in paragraph 10 if the new supplier removes the deficiencies of the request referred to in paragraph 10 (a), (c), (e) or (f) which justify its refusal within 14.00 hours of the fifth working day following the transmission of the information referred to in paragraph 8.
(12) Where a new supplier's request for closure or for the negotiation of an amendment to the framework contract for the distribution of electricity contains additional data different from those referred to in paragraph 10 (a) to (c) which contravenes the data of the distribution system operator referred to in paragraph 5 (5), the indication of the invoicing address of the market participant referred to in the new supplier and the indication of the inclusion of the market participant in the regulatory stages, the current value of the main circuit breaker before the electrometer and the distribution rate indicated by the distribution system operator shall be used; if the customer fulfils the conditions laid down for granting the distribution rate specified in the new supplier's application, the distribution rate indicated by the new supplier shall be used.
(13) The market operator shall immediately inform the existing supplier, the new supplier and all interested entities of the outcome of the assessment of the request for the transfer of electricity or the distribution of electricity or the application for the extension of an existing electricity or electricity distribution contract referred to in paragraph 10 and, in the event of a refusal of an application for the conclusion of a electricity transfer contract or an extension of an existing electricity transfer contract or an electricity distribution contract pursuant to paragraph 10, shall also inform existing suppliers and an existing clearing entity of the continuation of the supply of electricity.
(14) A new supplier may submit a request for termination of the change process by 14.00 hours on the eighth working day following the transmission of the information referred to in paragraph 8.
(15) An existing supplier may submit a request to suspend the change process of the supplier by 18.00 hours on the fifth working day following the transmission of the information referred to in paragraph 8, unless the date of effective change of the supplier has resulted in the termination of the contract with the existing supplier whose object is the supply of electricity, or if the market participant demonstrates in writing its willingness to stop the change process of the supplier.
(16) Where an application for a change of supplier has included information on its closure outside the normal business premises and the customer has withdrawn from the contract pursuant to Paragraph 11a (2) of the Energy Act (9) and at the same time requires continued supply from the existing supplier, the existing supplier may stop the change of supplier by the information system of the market operator within the time limit referred to in paragraph 15. ';
25. in § 30a (5), (12) and (14), "§ 30 (5)" is replaced by "§ 30 (4)";
26. In Paragraph 30a (8), the following sentence is inserted after the second sentence: "The market operator shall also transmit, upon request, the final status of the measuring equipment to the new supplier and to the new clearing entity. '
27. The following Section 30b is inserted after Section 30a:
(1) The supplier shall send to the market operator, through the market operator's information system, a request to reduce the supply of electricity to the demand point no later than 23: 00 hours of the last calendar day before the planned end of the supply of electricity to the demand point. The market operator in its system shall withdraw the allocation of the demand point to the supplier and to the clearing entity concerned at the required date of termination of the electricity supply and shall immediately inform the suppliers, the settlement entities concerned and the transmission system operator or the relevant distribution system operator to which the demand point is connected. The reduction of electricity supply in the case of a combined electricity supply service contract means the removal of a demand point from the framework electricity distribution contract.
(2) An application for an extension of the supply of electricity to the demand point shall be sent by the supplier to the market operator via the market operator information system no later than 10: 00 on the fourth working day before the last day of supply of electricity. The market operator shall immediately inform the settlement entity concerned and the transmission system operator or relevant distribution system operator to which the demand point is connected. If the transmission system operator or the relevant distribution system operator and settlement entity agree by a procedure for which Article 30 (10) to (14) applies mutatis mutandis, the request for an extension of the supply of electricity shall be agreed by 18.00 hours at the latest on the last day of supply of electricity, the extension of the supply of electricity shall take effect on the day following the last day of supply of electricity. The market operator shall immediately inform the supplier, the settlement entity concerned and the TSO or the relevant distribution system operator to which the demand point is connected. The extension of the supply pursuant to this paragraph shall take effect only if no other electricity supplier is registered at the sampling point at the time of the requested extension.
(3) In the event that the customer has withdrawn from the contract or has withdrawn from several contracts under Paragraph 11a (2) of the Energy Act and has provided this evidence to the supplier, who is replaced by another supplier as part of the next change of supplier (the original supplier), and at the same time requires the original supplier to continue the supply from the existing supplier, the original supplier shall send a request for an extension of the supply to the market operator via the market operator information system no later than 12: 00 hours on the second working day before the date of termination of the supply. No later than the same date, the original supplier shall submit to the relevant distribution system operator a request for the conclusion of a contract for the distribution of electricity with the requirements set out in Annex 2 thereto, or a request for a change to the legal relations established by the existing electricity distribution contract for the demand points, where such a contract is already concluded between electricity market participants.
(4) The market operator of the relevant distribution system operator and the settlement entities concerned shall inform without delay of the submission of the request for extension pursuant to paragraph 3. If the settlement entity and the distribution system operator agree to the request for an extension no later than 23: 00 on the calendar day preceding the date on which the change of supplier in the market operator system was to take effect, the supply extension shall take place and the market operator shall immediately inform the supplier, the relevant settlement entity and the transmission system operator or the relevant distribution system operator to which the demand point is connected.
(5) The market operator shall, at the date of effective supply extension referred to in paragraph 4, cancel each individual allocation of the demand point to those suppliers for which the customer has proven to have withdrawn pursuant to Paragraph 11a (2) of the Energy Act and shall immediately inform the suppliers concerned, the settlement entities concerned and the transmission or distribution system operators to which the demand point is connected. ';
28. In Article 31, at the end of paragraph 1, the sentence "Similarly, the market operator shall proceed when the electricity supplier ceases to supply electricity or ceases to supply electricity under Section 12a (2) of the Energy Act."
29. in Paragraph 31 (2), the words "registration numbers" are replaced by the words "identification codes."
30. in Article 31a (3) (a), the words "identification and" shall be deleted;
31. in Article 31a (3) (e), "identification" is replaced by "registration number."
32. in Article 31a (3) (f), "and identification" is replaced by "identification code codes."
33.Paragraph 31a (4) reads as follows:
"(4) The market operator shall make it possible to send the demand demand requirement to a given demand point through the market operator information system even where the demand point is not registered in the market operator information system. The identification number of such sampling point shall be the identification code number assigned in accordance with Section 4 (2). Where the identification code has not been allocated for the sampling or transfer point, the transmission or distribution system operator shall ensure that it is allocated without delay. ';
34. the following Section 31b is inserted after Section 31a:
Procedure for the delegation of responsibility for the derogation of the newly created electricity production site
(1) The electricity trader shall, on the basis of a contract concluded for the supply of electricity (10), request, via the market operator's information system, no later than 10: 00 on the third working day before the date of entry into force of the electricity supply contract, the allocation of liability for the transfer point of the relevant electricity producer associated with the start of the supply of electricity from that electricity.
(2) In the case of a contract concluded with a mandatory purchaser, the electricity trader shall, as part of the request, indicate whether the purchase of electricity by means of ransom prices or the purchase of electricity pursuant to Article 11 (12) of the Energy Supported Act (29).
(3) The request to assign responsibility for the derogation for the supply of electricity from the electricity plant contains the following information:
(a) the identification number of the transmission point of the electricity plant;
(b) the registration number of the electricity trader who has concluded the electricity supply contract;
(c) the date from which the electricity supply takes place;
(d) the duration of the legal relationship established by the electricity supply contract;
(e) the clearing entity's registration number which is responsible for the derogation for the transfer points of production.
(4) The market operator shall allow the transmission of the requirement referred to in paragraph 1 for the electricity generation site by the market operator information system, even where the market operator information system does not register the transmission point.
(5) By 12: 00 at the latest on the day on which the complete request for the start of supply referred to in paragraph 1 has been made, the market operator shall transmit the request for the start of supply to the clearing entity, which shall assume responsibility for the transfer point of the electricity generation plant and the transmission or distribution system operator to which the transfer point of the electricity production plant is connected. The market operator shall simultaneously transmit the data to the extent specified in paragraph 2.
(6) The transmission system operator or distribution system operator shall send to the market operator, for the transmission point of the electricity production facility for which a request has been made pursuant to paragraph 1 and which is not registered in the market operator information system, the data necessary for its registration by 12.00 hours of the last working day before the date of entry into force of the electricity supply contract.
(7) Where the settlement entity has not rejected the request for liability for the transfer point of the relevant electricity generation plant within one working day of receipt, the market operator shall register the start of supply by the deadline referred to in paragraph 2 by assigning the transmission point of the electricity generation plant to the trader and the clearing entity. The market operator shall immediately notify the relevant trader and the clearing entity which took responsibility for the transfer point for the start of the electricity supply with the effective date of the start of the supply referred to in paragraph 2.
(8) A change in the supplier or a change in the clearing entity for existing power generation transfer points shall be treated mutatis mutandis in accordance with the provisions of this Decree governing the change process of the supplier.
(9) The market operator shall allow the change of the clearing entity for the existing transmission points of electricity generation after the deadline referred to in paragraph 1, but not later than 10: 00 on the last working day before the effective date of the start of the electricity supply, provided that the change of the clearing entity is agreed by all market participants concerned. ';
35. In Paragraph 32, the following paragraph 3 is inserted after paragraph 2:
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Regulation Information
| Citation | Decree No. 438 / 2012 Coll., amending Decree No. 541 / 2005 Coll., on the Rules of the Electricity Market, the principles for pricing the activities of the electricity market operator and implementing certain other provisions of the Energy Act, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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