Changes in the grid connection process during martial law

Legal Alerts
04.04.2022 67

On 26 March 2022, NEURC adopted resolution No. 352 "On Approval of the Procedure of Temporary Grid Connection of Electrical Facilities to the Distribution System During Martial Law in Ukraine" ("Resolution"). 

Key provisions 

  • Provision of grid connection services by DSOs is suspended during the martial law in Ukraine. The Methodology (Procedure) of Formation of the Fee for Connection to the Transmission and Distribution System, approved by the NEURC resolution No. 1965 dated 18 December 2018, was also suspended.

Instead, the Resolution introduced the procedure for temporary grid connection of certain facilities for electricity consumption.

  • DSOs that executed the grid connection agreements before the martial law in Ukraine (i.e., before 24 February 2022) but are physically unable to provide grid connection services should inform the grid connection customers about their inability to fulfil the obligations under the grid connection agreements due to the force majeure events. 
  • Grid connection customers with electrical facilities of strategic importance for Ukraine during the martial law have the priority of receiving the temporary grid connection services. In particular, these are facilities used to meet the needs of the Ministry of Strategic Industries and the Ministry of Economy, enterprises of Ukroboronprom, the Armed Forces of Ukraine, other military formations of Ukraine, law enforcement agencies and civil defence forces.
  • The temporary grid connection service for electrical facilities of strategic importance is free of charge. For other electrical facilities, the cost of temporary grid connection is determined by the actual costs incurred by the DSO during the provision of temporary grid connection services.
  • The procedure for obtaining a temporary grid connection service has not changed: the grid connection customer must provide an application (standard form) and supporting documents to the DSO to receive the service. The DSO then registers such an application and provides the customer with a draft grid connection agreement and technical conditions (standard form). After the customer and the DSO agree on the terms of the grid connection, they sign an agreement on temporary grid connection.
  • Grid connection customer may independently perform construction and installation works or provide the DSO with its own resources to perform such works if the DSO does not have the resources to perform them. 

Abbreviations
NEURC – National Energy and Utilities Regulatory Commission.
DSO – distribution systems operator.
Ukroboronprom – state concern "Ukroboronprom".

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