Business and technical conditions of electricity supply for customers connected to the public distribution of LV electricity valid for the year 2005

Transcription

1 Business and technical conditions of electricity supply for customers connected to the public distribution of LV electricity valid for the year 2005 ARTICLE I GENERAL PROVISIONS 1. These business and technical conditions regulate the supply and sale of electricity from the distribution facility of the joint stock company Stredoslovenská energetika (hereinafter referred to as the supplier ) to secured C and D category customers. 2. These business and technical conditions have been issued subject to 273 and Act No. 513/1991 Coll. of the Commercial Code and complement the relations regulated by the Commercial Code, the Act on power engineering - No. 70/1998 Coll. and the related regulations1 (hereinafter referred to as the Act ), mainly with the specific conditions resulting from the specific character of electricity supply. 3. The supplier is obliged, on the territory delineated in the license, to safely, reliably and economically supply energy to every secured customer of categories C and D, with whom he has concluded a contract. ARTICLE II SPECIFICATION OF TERMS 1. A customer is a secured customer 2 a natural person or legal entity which consumes electricity based on the contract on electricity supply and is not an eligible customer. 2. Customers connected to the LV electrical energy public distribution system, are divided into the following categories on the basis of tariffs: a. C category customers, the electric off-take equipment of which is connected to the public electricity distribution system with a phase voltage of up to 1 kw, the off-take of which does not serve for the purpose stipulated in par. b), b. D category customers, the electrical off-take equipment of which is connected to the public distribution of LV electricity, the electricity off-take of which serves only for the satisfaction of the personal needs of customers as well as the needs of members of their households. 3. Electrical off-take equipment is a facility which serves for the consumption of electricity and which can be connected only to the public electricity distribution system or to the electrical connection. 4. An electrical connection is a facility designed for the connection of the electrical off-take equipment of a single customer to the public electricity distribution system. 5. As one off-take point is considered the point of electricity off-take of a single customer, measured by a specified metering device from the supplier which forms an independent spatially or territorially closed and permanently electrically interconnected whole. If the permanently electrically interconnected whole is interrupted by a public communication, it must also fulfill the condition of direct technological sequentiality. 6. A specified metering device is a means that serves for the specification of the value of the measured quantity, while including the measure, metering device, its components, ancillary device and a metering device, i.e. also a switching clock, centralized telecontrol of HDO loads, blocking of electric appliances, etc.. 7. Under restriction of electricity supply we understand the restriction of usage of some of the appliances either fully, or in a specified time, or through the lowering of the agreed values of the off-take through the decision of the supplier. 8. Under interruption of electricity supply we understand disconnection of the electrical offtake equipment absent of termination of the contractual relation. 9. Under termination of electricity supply we understand termination of the contractual relation with the removal of the specified gauge. ARTICLE III PROVISIONS CONCERNING CONTRACTUAL RELATIONS 1. A written contract of electricity supply between the electricity supplier and the customer is concluded for each supply point separately; a contract of electricity supply consists of mainly

2 a. A price according to the price regulations (tariff) and the method of payment for consumed electricity including advance payments, b. The method of measurement of the electric energy taken including the access for supplier s employees to the specified gauge c. Business and technical conditions of electricity supply This contract is concluded as a rule for an indefinite period of time, for temporary off-takes, temporary hiring contracts and for the purpose of completing documentation for a definite period of time. 2. The contractual parties shall sign a new contract upon the change of: a. Customer (category C - different PIN, category D - different name) b. Supply point (distinction, merging, change of the connection point, etc.) 3. The contractual parties shall create a supplement to the contract upon the change of: a. Legal form (in the case of category C unchanged PIN) b. The contractually agreed advance payment for supplied but not invoiced electricity c. The tariff for which the customer may ask at the latest after the lapse of 12 months, unless agreed otherwise with the supplier, d. Upon change of the method of measurement, e. The rated current value of the main circuit-breaker in front of the electricity meter, or the input power of the connected electric appliances for the heating and preparation of hot and supply water, f. Upon the connection of the electrical off-take equipment and operation of electric appliances for heating and preparation of hot and supply water, the operation of which is controlled by the HDO system or switching clock, except for flow heaters with an input power of up to 3 kw. 4. For actions related to the change of a contract induced by the customer, except for actions which are paid far as part of the tariff, the supplier charges fees subject to the valid price list of minor installation works. 5. The customer is obliged to announce, without delay, to the supplier any reconstruction pertaining to the electrical off-take equipment (change of voltage and the kind of supplied electricity, change of the formof protection from dangerous contact voltage, etc.). 6. The contract of electricity supply ceases to exist through a. Expiration of the supplier s license subject to law, b. Expiration of the period for which the contract on electricity supply was concluded, c. Delivery of a written statement to the supplier on the rescission of the contract from the side of the customer, d. Delivery of a written announcement on rescission of the contract on the part of the supplier, if the customer breaches, in a weighty way and repeatedly, provisions of the concluded contract. ARTICLE IV CHANGES OF OFF-TAKE 1. The supplier provides a written opinion on the application for increasing electrical input power at the latest within 30 days of the delivery of the application; a part of the opinion is also the technical conditions for the connection of the customer s electrical off-take equipment to the public electricity distribution system designated for the supplier. The customer is obliged to meet the technical conditions concerning the place, method and term of connection to the public electricity distribution system, designated to the supplier. 2. Prior to the connection of the new supply point or prior to the increasing of input power to the existing electrical off-take equipment or upon its enlargement, the customer is to submit to the supplier basic documents in compliance with 5 par.3 of the Decree of the Ministry of National Economy of the SR No. 267/99 Coll. at the latest within 30 days prior to the required date of commencement of electricity off-take. 3. C category customers, upon submitting the application for connection of the new electrical off-take equipment, are to also negotiate with the supplier the connection of individual

3 appliances with a rated input power of 10 kw and over; D category customer with a rated input power of 5 kw and over, e.g. el. cookers, el. accumulation and direct-flow boilers, infra-red heaters, accumulation stoves, etc.. 4. The customer will ensure the technical blocking of the off-take of electric-thermal appliances subject to the directives of the supplier. 5. The customer is obliged to ensure adjustment of the reconstructed electrical off-take equipment related to the measurement of electricity subject to the directives of the supplier. The supplier is obliged to connect and maintain the specified metering device only after the execution of adjustments on the electrical off-take equipment carried out by the customer, subject to the directives of the supplier. 6. The supplier is obliged to connect the electrical off-take equipment of the consumer to the public electricity distribution system, if the customer a. has established an electrical connection and has a electrical off-take equipment which complies with the regulations for the provision of safety and health protection at work and safety of technical facilities, b. has concluded a contract on electricity supply. At the same time, the customer is obliged to meet the technical conditions concerning the place, method and term of connection to the public electricity distribution system, stipulated by the supplier. If a new customer takes over the buildings in which the electrical off-take equipment connected to the facility of the supplier, provisions of items 1-6 of this article apply by analogy. ARTICLE V TECHNICAL CONDITIONS OF ELECTRICITY SUPPLY 1. The supplier is obliged to ensure the agreed output to customers connected to the public electricity supply (determined by protection) and an appropriate quality, if they meet the conditions stipulated by law. 2. Electricity supply is fulfilled by the transition of electricity from the public electricity distribution system into the electrical off-take appliance of the customer. 3. The owner of the electrical connection is obliged to ensure its operation, maintenance and repairs so as not to cause a threat to life and health or damage to the property of people. 4. The customer is responsible for the due state of the electrical off-take equipment including electrical appliances as well as for observing the rules of safety provision and protection of health at work and the safety of technical facilities. 5. If the owner of the electric facility through which the electricity supply is executed is a third party, the customer is obliged to ensure the consent of the owner with the execution of supply through his electrical facility. 6. The supplier guarantees the following parameters of electricity supply o frequency within the tolerance of ±1 % from the value stipulated in the particular technical standard3 o voltage within the tolerance according to the particular technical standard4 7. The supplier supplies electricity in the quality corresponding to the technical regulations with the exception of the following cases a. if the rated value of the restricting facility of the supplier in front of the metering device is exceeded b. if, upon electricity off-take, the limit of allowable negative retroaction to the public electricity distribution network is exceeded, or if it operates unsymmetrical off-takes and sources of higher harmonics, in conflict with the technical standard5 c. in the case of a state of emergency d. upon the occurrence and removal of accidents and breakdowns on power engineering facilities 8. if the customer does not observe the technical conditions of the concluded contract.

4 9. The customer can connect a spare or other source of electricity to the electrical off-take equipment only after receiving previous consent and after fulfillment of the technical conditions of connection, stipulated by the supplier. ARTICLE VI ELECTRICITY CONSUMPTION CONTROLLING In order to use electricity in an effective way and in compliance with the conditions of the Price list, the supplier is authorized to place the receiver of HDO or another facility with an identical function into the facility of the customer. ARTICLE VII RESTRICTION, INTERRUPTION AND TERMINATION OF ELECTRICITY SUPPLY 1. The supplier can restrict or interrupt the supply to the necessary extent a. upon executing planned reconstruction, repairs, maintenance and revisions of the electrical facilities, b. in states of emergency6 or activities preventing their occurrence, c. upon a threat to the life and health of persons and property being posed or upon the liquidation of causes of such states, d. upon the occurrence and removal of causes of accidents and breakdowns on power engineering distribution facilities for a period necessary for the start-up of a back-up power supply, e. upon illegal power off-take, f. upon the off-take of electricity by a facility which threatens the life and health of persons and property, g. if, upon power off-take, the customer uses a facility which effects the quality of power to the detriment of other customers, and has not taken any measures to limit this influence, h. if the customer is delayed with payment of the contractually agreed advance payment or with the payment of the outstanding payment accruing from the fees for electricity supply and if the customer has not settled the advance payment or the outstanding payment after the deadline has passed as stipulated by the supplier in the notice which may not be shorter than 15 days as of the delivery of the notice; for the delivery of the notice; the generally binding regulation on administrative proceeding applies adequately i. if the customer does not allow access to the specified metering device after the following meter-reading, the supplier can, after previous written notice, disconnect the customer. 2. Upon the restriction or interruption of the supply of electricity on the grounds stipulated in par. 1a) of this article, the supplier shall announce to the customer and to the particular dispatching center the beginning and termination of this restriction or interruption at the latest within 30 days in advance in written or in a locally common way (e.g. municipal broadcasting). 3. The customer is obliged to announce termination of the off-take to the supplier 30 days in advance and to allow the employees appointed by the supplier to execute final meterreading, removal of metering devices, and eventual actualization of other measures related to the termination of the off-take and at the same time to disconnect the electrical off-take facilities from those of the supplier. Should the customer fail to do so, he will settle the taken electricity including the fees for the use of the metering devices up until the termination of the off-take at the supply point, or until the registration of a new customer. 4. If the customer has suffered any loss due to the restriction or interruption of electricity supply on the grounds stipulated in par. 1a) of this article, the customer may claim reimbursement for damages as well as lost profit from the supplier only if the supplier has not fulfilled the notification duty subject to par. 2 of this article. ARTICLE VIII CUSTOMER CALL CENTRE 1. The customer call centre (hereinafter referred to as TZC) provides services to customers by means of a telephone link / at local call rates.

5 2. The current offer of services is available on the given telephone number or on the Stredoslovenská energetika website 3. In the case of interest in the complex actualization of services, a form is available from regional branches and on the supplier s websites, which, after being completed, is certified by a notary public and sent to the customer call centre at; Dlabačova Žilina to fulfill the purpose of the general power of attorney for the execution of services, which is otherwise also possible in the regional branch 4. Any changes made by means of a TZC are executed following the delivery of the required documents and settlement of the fee to the account of the supplier for the required service in compliance with the price list of MIP. 5. Changes made to the contract by means of the TZC, after being verified using the chosen password subject to item (3) of this article, are considered as agreed. The adjusted contract will be unilaterally sent to the customer with the TZC stamp as a signature and is considered to be valid. ARTICLE IX ILLEGAL OFF-TAKE 1. Off-take is considered to be illegal in the following cases: a. off-take without a concluded contract on electricity supply or in contradiction to the concluded contract on electricity supply, b. off-take from part of the electrical facility, through which the unmeasured electricity is being transmitted, c. off-take without the specified metering device or with the specified metering device which as a result of illegal intervention on the part of the customer does not record, or records incorrectly, electricity consumption d. off-take measured by a metering device which has not been assembled by the supplier or on which the manipulation protection seal has been broken (the SSE a.s. seal). 2. If illegal consumption is discovered at the customer s premises, the supplier can restrict or interrupt electricity supply to the necessary extent. Supply will be renewed after the removal of the causes of the illegal off-take, and after the settlement of the invoice for illegal off-take and connecting fees for repeated connection subject to the Price list of minor installation works 3. Upon specifying the amount of illegally consumed electricity and calculation of the damage caused to the supplier by the illegal off-take, the supplier proceeds in accordance with the law.7 ARTICLE X MEASUREMENT AND METER-READING 1. Electricity consumption from the public distribution facility or from an electrical connection, or from electrical off-take equipment is measured and invoiced by the supplier according to the data on the specified metering device. Any interference with the specified metering device and its circuits by any person other than the supplier is forbidden. 2. The customer is obliged to take care of the specified metering device in such a manner that prevents it from being damaged stolen, allowing it to serve its given purpose. He shall report all faults to the supplier, without any undue delay, however, at the latest within three days after the identification of such faults. 3. The supplier shall protect the individual parts of the specified metering device and the electrical off-take equipment which refer to the measurement, or through which the nonmeasured electricity flows, from illegal interference by means of a seal. Damage to the seal in the case of ongoing off-take is considered as fulfillment of condition 8 of illegal off-take. 4. The supplier is obliged to verify the accuracy of the metering device subject to special regulations.9

6 5. The supplier is authorized to enter the customer s premises ofor reasons pertaining to the service and maintenance of the specified metering device as well as meter-reading. In the case of access not being provided to the specified metering device the customer is obliged to relocate the specified metering device to a publicly accessible place. 6. In the case of any doubts arising on the part of the customer regarding the correctness of the data on the specified metering device, or should the customer discover a fault on the meter, he is to request the supplier in writing for an examination to be carried out. The supplier is obliged, based on the written claim by the customer, to verify the specified metering device within 30 days of its delivery. If no fault is detected on the specified metering device, the costs spent on its verification are to be borne by the customer. 7. Application for verification of the accuracy of the metering of the specified metering device does not relieve the customer of the duty to pay advance payments or fees for electricity taken within the specified term. 8. In the case of any doubts arising on the part of the supplier regarding the correctness of the data on the specified metering device or if a fault is discovered on the metering device, he is authorized to carry out examination of the device and to remove the discovered faults. Removing the fault may also mean the replacement of the device. 9. If upon testing the metering device it is found that it shows a value which deviates from the real value by more than that allowed by the technical standard, the responsible party shall settle the amount representing the difference between the error discovered on the electricity meter in the State metrology institute and the margin toleration value accruing from the accuracy class of the specified metering device, as of the day, when the fault originated, if this cannot be found, then as of the day of the previous meter-reading. Costs related to the exchange and verification of the metering device are borne by the supplier in such an event. 10. If a fault on the specified metering device is discovered that makes it impossible to state the amount of electricity consumed, the amount is determined according to the amount of consumption in the previous comparable period (in identical months of the previous year as a result of comparable weather and thermal conditions), in which the consumption was measured correctly. If it is impossible to determine the consumption in this way, or if there were demonstrably changes in the output on the off-take equipment, the amount of consumed electricity shall be specified post facto according to the extent of consumption in the following period or following agreement between the supplier and the customer. 11. If the customer fails to provide access to the specified metering device for the purpose of meter-reading of the supplied electricity, electricity consumption shall be invoiced according to the consumption of the past comparable period or according to the values agreed for the particular period. 12. If as a consequence of the fault on the off-take equipment there is a restriction or interruption of electricity supply, the supplier shall resume electricity supply on the basis of an announcement put forward by the customer. 13. The electricity supplier upon exchanging the specified metering device confirms in writing the power consumption meter-readings of the old and the new specified metering device. If the customer is not present in the replacement of the specified metering device subject to item 5 of this article, the supplier shall provide confirmation in writing on the customer meter-readings of the old and the new specified metering devices, and shall store the replaced specified metering device for at least 14 days for possible checks by the customer. 14. The invoicing period is specified on the basis of meter-readings of the electricity meters executed by employees authorized by the supplier at the beginning and at the end of this period. Terms of meter-readings and invoicing are 6 months, as a rule. ARTICLE XI INVOICING AND PAYMENT

7 1. An electricity supply is invoiced for the price specified by the valid price list in the tariff selected by the consumer and agreed in the contract on electricity supply. 2. An electricity supply is invoiced by the supplier by half-a-year invoices in the invoicing period which is specified by the regular meter-readings. The supplier, upon a request made by C category customers with large numbers of supply points, issues a Summary of invoices, on the grounds of the system of payments. 3. In the case of new off-takes, the height of the monthly advance payments shall be specified by the supplier according to the number and input power of the electrical appliances, expected off-take and recognized tariff. 4. The supplier shall prepare tax documents for advance payments for settling the taken but not yet invoiced electricity. The extent of the advance payments will be determined based on invoicing for a comparable period. For new customers the height of the advance payments is to be specified based on the expected consumption of electricity. In the case of a change in the level of consumption compared to the previous comparable period, as well as in the case of a change in the price for electricity, the supplier is authorized to unilaterally change the agreed extent of the advance payment, of which he informs category C customers in writing by sending a new tax document titled; Specification of settlements for the taken but not yet invoiced electricity, or for customers with a large number of supply points based on the customer s request, by sending a Summary of specifications of settlements for the taken but not yet invoiced electricity on the grounds of the system of payments. 5. If meter-reading cannot be executed for reasons on the part of the customer, the supplier shall issue an invoice subject to article X, item 11 and the differences shall be accounted for upon the nearest meter-reading. 6. Settled advance payments and the maturity date of payments for electricity are stipulated in the tax document - invoice. 7. The method of payment is agreed in the contract on electricity supply. 8. In banking relations, the contractual parties are obliged to use the contractually agreed variable symbol stipulated in the particular tax document (invoice for the consumed electricity or specification of settlements for the taken but not yet invoiced electricity), or an informative document (Summary of invoices, or Summary of specifications of settlements for the taken but not yet invoiced electricity). 9. If the customer, while making use of any other than collective means of payment, executes the payment with banking data other than that stipulated in the invoice, the supplier shall consider it as a non-realized payment and proceed accordingly in compliance with article VII, item 1h. 10. If the customer does not settle the advance payment or invoice for electricity supply within the agreed term of payment, the supplier shall proceed according to article VII, item 1h). 11. In the case that the customer fails to settle the invoice, or the agreed advance payments within the specified term of payment, the supplier shall send a conciliation in arbitration to the customer. Costs related to the delivery of the Conciliation in arbitration, shall be covered by the customer. 12. Invoices for the supply point contain all appurtenances subject to 15 of Act No. 289/95 Coll. and is at the same time a tax document. ARTICLE XII CONTRACTUAL FINE 1. Upon failure to meet the Business and technical conditions, conditions of the recognized tariff or conditions of the Price list, the supplier proceeds subject to valid legislation as well as the Price list. ARTICLE XIII RECLAIMS 1. If any errors originate as a result of electricity being invoiced on the basis of incorrect meter-reading, the use of an incorrect constant symbol, the use of an incorrect tariff,

8 numerical error, etc.; the customer and the supplier are authorized for riembursement of incorrectly invoiced amounts. 2. The customer place a claim at the respective branch. Any such claims do not give rise to the customer having the right not to pay the invoice. Contact information for particular branches are available from customer call centre (Phone No. 0850/111468). 3. The supplier shall examine the claim and announce the result of the examination to the customer within 30 days of the date the claim was received. 4. In the case that the claim examination results in a tax credit note, or a tax debit note, the obliged contractual party shall perform the settlement within the term of payment subject to article XI, item All other appurtenances and procedures regarding claims are regulated by the valid legal provisions. ARTICLE XIV FINAL PROVISIONS 1. Conditions deviating from these conditions of electricity supply shall be negotiated by contractual parties in a special agreement of the contract on electricity supply. 2. Business and technical conditions of electricity supply form a part of the Contract on electricity supply. Business and technical conditions of electricity supply come into force for contractual parties on the day of the Contract on electricity supply being signed. 1 Decree of the Ministry of National Economy of the SR No.267/99 Coll., Act of the National Council of the SR No.276/2001 Coll., 2 art.1 a) Decisions of the Regulatory Office for the Network Industries (hereinafter referred to as "RONI") 236/2002 Coll. as amended by the Decree of the Ministry of National Economy of the SR No. 548/2002 Coll. 3 STN STN IEC 38, STN EN STN , PNE 33-01/ Decree of the Ministry of National Economy of the SR No.180/2000 Coll. 7 8 of the Decree of the Ministry of National Economy of the SR No. 267/99 Coll par.1 d) of the Act on power engineering No.70/1998 Coll. 9 Act on metrology No.142/2000 Coll.