Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Thermal energy transportation license
A license for the transportation of heat energy (hereinafter referred to as the license) is an official permit for the activity of transporting heat energy through main and local heating networks. This permit, like any other in the field of thermal energy, requires the licensee to comply with a number of technical, organizational and special conditions provided for this type of activity. To date, the issue of obtaining such a license is clearly regulated in the Licensing Terms and Conditions, approved by Resolution of the NCRECP № 308 of March 2017. The article examines each of the aspects of licensing, provides a summary of all the necessary conditions for the official implementation of thermal energy transportation activities.
Who can get a license to transport thermal energy?
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A license can be obtained by a legal entity registered in Ukraine, an individual entrepreneur, who meets a number of mandatory criteria:
- firstly, it carries out activities under KVED 35.12;
- secondly, it owns and uses heat networks on the basis of a contract for the transportation of heat energy;
- thirdly, the activity is carried out exclusively within the territory where the heat networks are located;
- fourthly, it must have contracts with heat supply organizations for transportation through its networks.
- fifthly, it has a full set of design documentation (technical diagrams, regime maps, operating instructions) for heat networks and heat points, a repair base;
- sixthly, it is able to ensure the availability of heat energy metering devices with confirmed verification or metrological certification, temperature graphs.
The list above describes the general requirements for the applicant. If you would like more detailed information, we recommend that you contact the lawyers of “Prikhodko & Partners” for quality legal advice.
What documents are required to obtain a license for the transportation of thermal energy?
In order to obtain a license, it is necessary to prepare a clearly defined package of documents in accordance with the Licensing Terms and Conditions approved by Resolution of the NCRECP № 308 of March 2017:
- an application for obtaining such a permit (according to Appendix 1);
- information on the means of thermal energy transportation (technical characteristics of networks, length, materials, year of commissioning, etc.);
- information about the places of activity (geographical location of the networks that will be used);
- schemes of heat networks, buildings and other objects (a graphic representation indicating all key elements, primarily pipelines, pumping stations, heating points, etc.);
- a statement about the lack of control over the activities of the business entity by the aggressor state;
- copies of documents confirming ownership or use of heating networks;
- description of the documents submitted to the licensing authority (two copies)
After submitting the documentation described above, the term for their consideration and adoption of the appropriate decision on the license is no more than ten calendar days. An exception may be the need to provide additional supporting documents at the request of the licensing authority.
Cost of obtaining a license
For consideration of the submitted documents, a state fee is charged from the applicant in the amount equal to 10% of one subsistence minimum for the current year. Given its size, established in the Law of Ukraine “On the State Budget of Ukraine for 2025”, the fixed cost of obtaining a license today is 302.8 hryvnias.
Who issues the license?
The license is issued by the National Commission for State Regulation of Energy and Utilities (NKREKP) or regional state administrations, provided that the volume of thermal energy transportation does not exceed 145 thousand Gcal per year.
What obligations are imposed on the licensee after obtaining a thermal energy transportation license?
The license imposes on the person a wide range of obligations, failure to comply with which may result in the imposition of significant administrative fines in accordance with the Code of Administrative Offenses and Administrative Procedure or the cancellation of the license altogether. They can be conditionally divided into several categories, primarily:
- requirements for ensuring reliability and safety – ensure accounting for energy receipt and release, prevent threats to the security of critical infrastructure, implement appropriate protection systems, ensure the availability of responsible units;
- organizational requirements — to notify the licensing authority of any changes in activities, to conduct activities exclusively within the areas specified in the license, to contact state bodies for an inspection within the time limits specified by law;
- requirements regarding interaction with consumers — to ensure equal access rights for all heat supply organizations, to prevent transportation restrictions without legal grounds, not to deny consumers connection to networks provided that there is capacity, to publish information about tariffs and other important information on its own website.
Lawyers “Prikhodko & Partners” offer high-quality support for obtaining a license for the transportation of thermal energy! To find out the cost of such a service, fill out the form below.
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