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Notifications on possible abuses

Notification of possible abuses in the wholesale energy market

Pursuant to the requirements of paragraph 3 of point 2.2 of Section 2 of the Procedure for the investigation of abuses in the wholesale energy market, approved by the NEURC resolution of 26 September 2023 No. 1756, (hereinafter: the Investigation Procedure), LLC Gas TSO of Ukraine publishes on its official website:

In accordance with the provisions of point 5.7 of the Investigation Procedure, wholesale energy market participants, applicants enjoy the rights of an investigation subject, provided for in point 1.7 of Section 1 of the Investigation Procedure, and other rights provided for by the applicable law.

In particular, point 1.7 of the Investigation Procedure provides that during an investigation, investigation subject have the right to:

– provide evidence, data, information, explanations (objections), proposals, submit supporting documents regarding actual data and circumstances, market behaviour under an investigation, submit motions;

– admit the fact of abuse committed by it in the wholesale energy market before approving the conclusion on investigation results;

– inform the NEURC on taking measures aimed at reducing the negative consequences caused by abuse in the wholesale energy market;

– address to the NEURC with requests, in particular, regarding the need to involve an expert to analyse available evidence, data, information, etc.;

– require ensuring the confidentiality of information and data provided in accordance with the Investigation Procedure;

– initiate a hearing in accordance with the Investigation Procedure and be present during a hearing;

– get acquainted with materials of an investigation (except for documents, explanations, other information, including with restricted access, the disclosure of which may violate the rights and interests of another investigation subject, wholesale energy market participants, applicants, persons who professionally arranging transactions with wholesale energy products, or obstruct further investigation) after the receiving of a conclusion of an investigation by an investigation subject.

In accordance with the provisions of point 2.1 of the Investigation Procedure, applicants shall notify the NEURC of any possible abuses in the wholesale energy market in one of the following ways:

– delivery personally (in paper form and/or on digital media);

– by mail with a description of the attachment;

– in electronic form to the email address box@nerc.gov.ua;

– filling out an online form on the NEURC website: https://www.nerc.gov.ua/dobrochesnist-ta-prozorist-remit/zlovzhivannya-na-optovomu-energetichnomu-rinku.

In accordance with the provisions of point 2.2 of the Investigation Procedure, applicants shall provide notifications in Ukrainian or English in accordance with the form specified in Annex 1 to the Investigation Procedure (the form in word-file format is available for download below).

In accordance with the provisions of point 2.3 of the Investigation Procedure, the following shall be indicated in a notification:

– general information;

– type of a possible abuse;

– details of a possible abuse and the relevant justification with reference to evidence and/or relevant documents.

In accordance with the provisions of clause 2.4 of the Investigation Procedure, an applicant, when submitting a notification to the NEURC, shall provide information that confirms and substantiates the data, facts and circumstances stated in a notification.

In accordance with the provisions of point 2.5 of the Investigation Procedure the reasons for leaving a notification without consideration shall be:

– a message is not made in accordance with the established form;

– a notification does not concern issues of abuse in the wholesale energy market;

– an applicant has not provided sufficient information confirming or substantiating such notification.

In accordance with the provisions of point 2.6 of the Investigation Procedure, the NEURC shall inform an applicant within 30 calendar days from the moment of receiving such a notification, on whether to accept a notification for consideration or to leave it without consideration.

The form of notification (application) on possible abuse in the wholesale energy market

– In accordance with the provisions of paragraph 2 of point 2.2 of the Investigation Procedure for applicants, except for persons who professionally arranging transactions with wholesale energy products, it is allowed to partially fill out the notification form if an applicant does not have all the required information.

Below is a notification (application) form on possible abuse on the wholesale energy market, which is Annex 1 to the Investigation Procedure (word file):

Notification form (application)

Legislation