Decree No. 62 / 2011 Coll.

Decree on the terms of connection to the gas system and amending Decree No. 251 / 2001 Coll., laying down Rules for the operation of transmission and distribution systems in the gas industry

Valid Effective from 01.04.2011
62
DECLARATION
of 7 March 2011
on the conditions for connection to the gas system and amending Decree No. 251 / 2001 Coll., laying down the Rules for the operation of the transmission and distribution systems in the gas industry
Pursuant to Section 98a (2) (g) 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 by Act No. 158 / 2009 Coll.:

ČÁST PRVNÍ

CONDITIONS OF ACCESS TO THE GAS SYSTEM
§ 1
Subject matter
This decree sets out the conditions for the connection of gas production, distribution systems, underground gas storage facilities and customer demand points to the gas system and the method for determining the proportion of the costs associated with the connection and the provision of gas supply.
§ 2
Definition of terms
For the purposes of this decree:
(a) the applicant is a natural or legal person who requests connection to a superior system and is entitled to use the installation on the basis of a right of ownership or otherwise; the natural or legal person who intends to build an installation in the territory concerned shall also be considered as an applicant;
(b) the superior system of the transmission system, distribution system, underground gas storage or production pipeline to which the applicant requests the installation to be connected.
§ 3
Conditions for connection of the applicant's equipment
The conditions for connection of the gas, distribution system, demand gas installation or underground gas storage tank (hereinafter referred to as "the installation ') are:
(a) the submission of an application for connection;
(b) the fact that the connection of the installation will not jeopardise the safe and reliable operation of the parent system;
(c) the minimum design power of the installation corresponding to the total annual collection of the installation of 10 000 MWh if the connection of the installation to the transmission system is required;
(d) the conclusion of the connection agreement between the applicant and the operator of the parent system.
§ 4
Application for connection
(1) The applicant submits an application for connection to the parent system
(a) before the connection of the new installation;
(b) prior to the change of the secured total maximum and minimum hourly capacity of the existing connected installation;
(c) before attaching the device to another pressure level.
(2) Where there is no change in the technical conditions of the connection when the customer is changed at the current point of collection, the applicant shall only submit an application for a connection contract or an application for an amendment to the existing connection contract.
(3) The application for connection shall be submitted for each sampling or transfer point or for the sum of the transfer points, where each of them is separately specified in the application.
(4) The details of the request for connection to the transmission system are set out in Annex 1 to this Decree.
(5) The elements of the application for the connection of the gas plant to the distribution system, the coal pipeline or the underground gas storage tank are set out in Annex 2 to this Decree.
(6) The elements of the request for the connection of the distribution system to another distribution system are set out in Annex 3 to this Decree.
(7) The details of the application for the connection of the gas demand facility to the distribution system are set out in Annex 4 to this Decree.
(8) The elements of the application for the connection of the underground gas storage device to the distribution system are set out in Annex 5 to this Decree.
§ 5
Assessment of the application for connection
(1) The parent system operator shall assess the request for connection in respect of:
(a) the required location, method and date of connection;
(b) the technical feasibility of the required connection;
(c) the size of the total maximum and minimum hourly capacity indicated by the applicant in the application for connection for the transfer point, the sum of the transfer points, or the sampling point (hereinafter referred to as the requested capacity);
(d) the extent and timing of the gas supply or collection;
(e) the order of the applications submitted,
(f) compliance with pressure ratios on the applicant's and the parent system operator's equipment;
(g) the influence of the connected equipment on the safety and reliability of operation of the parent system;
(h) the qualitative characteristics of the gas to be supplied to the parent system of the connected equipment; and
(i) the planned development of the superior system.
(2) If necessary for an appropriate assessment of the connection request, the operator of the parent system shall invite the connecting applicant within 14 days of the date of receipt of the request to supplement the data provided to the extent necessary and shall set a reasonable time limit. At the same time, the applicant shall indicate that the application will not be considered if the data to the extent requested are not completed.
(3) If, on the basis of the assessment of the connection request referred to in paragraph 1, the parent system operator, with the exception of the transmission system operator, finds that the connection of the facility will not jeopardise the safe and reliable operation of the parent system, it shall submit to the applicant a proposal for a connection contract within 60 calendar days, to the applicant in the category of household or retail customers within 30 calendar days of the date of receipt of the complete connection request. The draft connection agreement shall be binding for a period of 12 calendar months from the date of notification to the applicant.
(4) Where, on the basis of the assessment of the connection request referred to in paragraph 1, the transmission system operator finds that the connection of the installation will not jeopardise the secure and reliable operation of the transmission system and the connection condition referred to in Article 3 (1) (c) is met, it shall submit to the applicant a draft connection contract within 120 calendar days of the date of receipt of the complete connection request. The draft contract for connection to the transmission system shall be binding for 60 calendar days from the date of notification to the applicant.
(5) At the same time as the proposal for a connection agreement, the parent system operator shall provide the client with a written instruction on his right to free choice or change of gas supplier.
(6) If the installation cannot be connected by the applicant on the grounds that the connection of the installation would jeopardise the safe and reliable operation of the parent system or if the connection condition referred to in Paragraph 3 (1) (c) is not met, the operator of the parent system shall inform the applicant within the time limit referred to in paragraph 3 or 4, including specific reasons for which the installation of the applicant cannot be connected. However, if the installation of the applicant can be connected under other conditions and from the content of the application or from the circumstances in which the application has been made, it may be assumed that the applicant will be interested in such connection, the parent system operator shall inform the applicant in writing, including the reasons for which the installation cannot be connected under the requested conditions, and shall submit to the applicant a draft connection contract in accordance with paragraphs 3 or 4. In this case, the capacity specified in the draft connection agreement shall be deemed to be the required capacity.
(7) The parent system operator shall reserve the required capacity for the applicant for the duration of the binding duration of the draft connection contract referred to in paragraph 3 or 4. If the applicant fails to accept the draft connection contract within the time limit referred to in paragraph 3 or 4, the reserve of the required capacity shall cease.
(8) The parent system operator shall design the connection in such a way that the technical execution of the connection of the installation is based on the planned development of the parent system, taking into account the applicant's interest in minimising the connection costs.
§ 6
Ensuring the required capacity
(1) The provision of the required capacity for the connection point is maintained in the event of the termination of the gas contract for 60 months from the date of the expiry of the gas contract. If the gas contract has not been concluded within 60 months of the date of connection agreed in the connection contract, the provision of the required capacity for the connection point shall cease.
(2) The provision of the required capacity for the connection point shall last for 36 months from the date of the termination of the gas distribution contract in the event of the termination of the gas distribution contract. If the gas distribution contract has not been concluded within 36 months of the date of connection agreed in the connection contract, the provision of the required capacity for the connection point shall cease.
§ 7
Share of the applicant's connection to the eligible costs associated with connection and gas supply security
(1) The gas manufacturer, the distribution system operator or the underground gas container operator shall bear the eligible costs of the parent system operator associated with the full connection of its equipment to the parent system, except in the case referred to in paragraph 3.
(2) The payment of the share of the eligible costs of the distribution system operator associated with the connection shall not apply in the case of the connection of the customer's gas demand facility to the distribution system.
(3) The contribution of the applicant to the eligible costs associated with the connection of his equipment to the transmission system shall be determined in accordance with the procedure set out in Annex 6 to this Decree. The payment of the share of the eligible connection costs shall not apply in the case of connection of the distribution system to the transmission system.
(4) The eligible costs shall include only the necessarily necessary costs corresponding to the amount of the required capacity, location and method of connection of the applicant's equipment related to the acquisition, construction or modification of the parent system, which have been triggered by the applicant's requirement in connection with the connection of its equipment, including the cost of obtaining project documentation, geodetic orientation and material burdens. The eligible costs shall not include the costs of setting up a pipeline connection.
(5) Where the customer has been reduced or interrupted by the supply of gas to a demand point due to unauthorised collection, transport or distribution of gas, the customer shall bear the eligible costs of the parent system operator associated with the provision of gas in full. The eligible costs related to gas supply cover only the necessarily necessary costs related to the re-connection of the customer's equipment corresponding to the amount of the required capacity, location and method of connection.
§ 8
Transitional provisions
(1) Where the applicant has submitted an application for connection to the parent system and the parent system operator has not given a written opinion on the application before the date of entry into force of this decree, the procedure shall be followed in accordance with that decree.
(2) If the applicant has submitted an application for connection to the parent system, the parent system operator has given a written opinion on the application but has not submitted a draft connection contract to the applicant before the date of entry into force of this decree, the parent system operator shall submit a draft connection contract to the applicant within 30 days of the date of entry into force of this decree.

ČÁST DRUHÁ

Amendment of Decree No. 251 / 2001 Coll., laying down Rules for the operation of transmission and distribution systems in the gas industry
§ 9
In Decree No 251 / 2001 Coll., laying down the Rules on the operation of transmission and distribution systems in gas, Sections 2 and 3, including the headings, are deleted.

ČÁST TŘETÍ

EFFECTIVE
§ 10
This Decree shall take effect on 1 April 2011.
Chairman:
Ing. Fiøt v. r.

Příloha č. 1

Annex No 1 to Decree No 62 / 2011 Coll.
OBSERVATIONS OF THE APPLICATION FOR ACCESS TO THE TRANSPORT SYSTEM

- details of the applicant
1. Business company (completed by the applicant - entrepreneur registered in the Commercial Register).
2. Data on registration in the Commercial Register, including the file tag (completed by the applicant - entrepreneur registered in the Commercial Register).
3. Name, surname and possible addendum or name (completed by the applicant not registered in the Commercial Register).
4. Date of birth (completed by the applicant - natural person).
5. Location broken down: State, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - legal person). Place of business broken down: State, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - natural person undertaking).
6. Name and surname of the person who is the statutory authority or of all persons who are members of the statutory authority (completed by the applicant - legal person).
7. Residency broken down by state, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - natural person not in business).
8. Connection - phone, email.
9. Address for delivery to your own hands.
10. Person identification number, if assigned.
11. Tax identification number, if assigned.

- installation details
1. Identification of the connected device; information as to whether the gas plant, underground gas storage unit, distribution system or customer demand point is connected.
2. Required date of connection.
3. Size of required capacity.
4. Drawing of the connected device
b.
b. address and cadastral territory of the connected installation;
b.
5. Data on the expected amount and time of gas transport and required connection conditions (annual, daily, hourly and minimum gas quantities, forecast quarterly distribution of gas quantities, prevailing nature of gas collection - heating or technology, existence of a dual-fuel system and inventory of gas appliances).
6. Expected dates of construction of the connected installation and start of operation (start and end of construction, estimated date of connection, gas input and start of operation or early use of connected equipment).

Příloha č. 2

Annex No 2 to Decree No 62 / 2011 Coll.
INDICATORS FOR THE APPLICATION FOR GAS INDUSTRY TO THE DISTRIBUTION SYSTEM, THE GAS HEADING OR THE GAS SUBJECT

- details of the applicant
1. Business company (completed by the applicant - entrepreneur registered in the Commercial Register).
2. Data on registration in the Commercial Register, including the file tag (completed by the applicant - entrepreneur registered in the Commercial Register).
3. Name, surname and possible addendum or name (completed by the applicant not registered in the Commercial Register).
4. Date of birth (completed by the applicant - natural person).
5. Location broken down: State, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - legal person). Place of business broken down: State, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - natural person undertaking).
6. Name and surname of the person who is the statutory authority or of all persons who are members of the statutory authority (completed by the applicant - legal person).
7. Residency broken down by state, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - natural person not in business).
8. Connection - phone, email.
9. Address for delivery to your own hands.
10. Person identification number, if assigned.
11. Tax identification number, if assigned.

- installation details
1. The location of the gas plant - region, municipality, cadastral territory, partition numbers of the parcels on which the gas plant is situated, descriptive number and, where applicable, registration number.
2. Address of the connection point.
3. Required date of connection.
4. Size of required capacity.
5. Basic data on gas production:
5.1. Scheme of connected device.
5.2. Method of connecting the connected device technology.
5.3. Data on expected quantities and timing of gas deliveries and required connection conditions (annual, daily, hourly and minimum gas quantities in quarterly distribution).
5.4. Planned dates of construction of the connected equipment and start of operation (start and end of construction, expected date of connection and start of operation).
5.5. Composition and quality parameters of the supplied gas.

Příloha č. 3

Annex No. 3 to Decree No 62 / 2011 Coll.
OBLIGATIONS OF THE APPLICATION FOR THE ACCESS OF THE DISTRIBUTION SYSTEM TO OTHER DISTRIBUTION SYSTEM

- details of the applicant
1. Business company (completed by the applicant - entrepreneur registered in the Commercial Register).
2. Data on registration in the Commercial Register, including the file tag (completed by the applicant - entrepreneur registered in the Commercial Register).
3. Name, surname and possible addendum or name (completed by the applicant not registered in the Commercial Register).
4. Location broken down: State, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - legal person). Place of business broken down: State, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - natural person undertaking).
5. Name and surname of the person who is the statutory authority or of all persons who are members of the statutory authority (completed by the applicant - legal person).
6. Connection - telephone, email.
7. Address for delivery to your own hands.
8. Person identification number, if assigned.
9. Tax identification number, if assigned.

- installation details
1. Location of the installation - county, municipality, cadastral territory, partition numbers of the land on which the distribution system is situated, descriptive number or registration number, as appropriate.
2. Address of the connection point.
3. Required date of connection.
4. Size of required capacity.
5. Basic details of the equipment:
5.1. Scheme of connected device.
5.2. Method of connecting the connected device technology.
5.3. Data on expected quantity and time of gas distribution and required connection conditions.
5.4. Planned dates of construction of the connected equipment and start of operation (start and end of construction, expected date of connection and start of operation).

Příloha č. 4

Annex No 4 to Decree No 62 / 2011 Coll.
OBLIGATIONS OF THE APPLICATION FOR THE ACCESS TO THE DISTRIBUTION SYSTEM

- details of the applicant
1. Business company (completed by the applicant - entrepreneur registered in the Commercial Register).
2. Data on registration in the Commercial Register, including the file tag (completed by the applicant - entrepreneur registered in the Commercial Register).
3. Name, surname and possible addendum or name (completed by the applicant not registered in the Commercial Register).
4. Date of birth (completed by the applicant - natural person).
5. Location broken down: State, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - legal person). Place of business broken down: State, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - natural person undertaking).
6. Name and surname of the person who is the statutory authority or of all persons who are members of the statutory authority (completed by the applicant - legal person).
7. Residency broken down by state, county, municipality with postal code, street and descriptive number, or registration number (completed by the applicant - natural person not in business).
8. Connection - phone, email.
9. Name of firm or name and address of person and address for delivery.
10. Person identification number, if assigned.
11. Tax identification number, if assigned.

- installation details
1. Location of the collection gas installation - region, municipality with postal code, street, descriptive number, indicative number, or registration number, cadastral territory, partylment numbers of the land on which the collection gas installation is or will be situated.
2. Required date of connection.
3. Size of required capacity and expected total annual gas consumption.
4. Basic data on the gas sampling device:
4.1. In the case of a gas-free location of a wider relationship with the marking of the sampling point (scale 1: 1 000 to 1: 5 000) and a situation drawing of the location of the sampling point in relation to the surrounding installation on a scale allowing its unambiguous location, including the indication of the measure, the required point of connection and the marking of the boundaries of the land, objects and description of neighbouring land, objects, communications etc.
4.2. Character of sampling point (use of sampling point, predominant nature of sampling and timing).
4.3. Data on specific types, types, numbers and unit inputs (m3.h-1, kW) of installed appliances (existing, cancelled, required) and proportional to the maximum and minimum hourly gas consumption (m3.h-1).
4.4. For the category of medium-sized customer and wholesale customer, the estimated quantity and time of gas distribution, in particular the expected maximum annual gas consumption (m3.r-1, MWh.r-1), broken down by type of gas and divided into annual periods starting from 01.04. to 30.09. inclusive and from 01.10. to 31.0. inclusive, and maximum daily gas consumption (m3.d-1, MWh.d-1).
4.5. In the case of a dual-fuel system, the estimated part of the daily distribution capacity which may be covered by the transition to replacement fuel and the number of days of operation for replacement fuel at the level of the estimated daily distribution capacity.
5. Specific requirements of the applicant for connection to the distribution system.

Příloha č. 5

Annex No 5 to Decree No 62 / 2011 Coll.
OBLIGATIONS OF THE APPLICATION FOR GAS TO THE DISTRIBUTION SYSTEM

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Regulation Information

CitationDecree No. 62 / 2011 Coll., on the terms and conditions of connection to the gas system and amending Decree No. 251 / 2001 Coll., laying down the Rules for the operation of the transmission and distribution systems in the gas industry
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation16.03.2011
Effective from01.04.2011
Effective until-
Status Valid
The regulation text is for informational purposes only.
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