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Grid Code of the EWE energia sp. z o.o. Approved with the Board’s decision of ...
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13.1
The scope of services provided by the DSO
13.1.1 The basic services provided by the DSO are the gas fuel distribution services, from the point(s) of entry selected by the DSC to the exit point(s) selected by him, under the distribution contract concluded between the DSO and the DSC.
13.1.2 The procedure connection procedure shall apply in the event of a DSC’s application for distribution services from the entry point not mentioned in the catalogue of points of the distribution system, available on the DSO website or a non-existent exit point. The connection procedure shall also apply when the provision of distribution services requires reconstruction of that point.
13.1.3 The DSO provides long-term gas distribution services. The basic period of performance of distribution services is the gas year. The contract for the provision of distribution services is concluded for an indefinite period, under which the DSC shall file:
13.1.3.1 long-term SDO - for the period of gas year or more than the gas year; long-term SDOs are available for all DSCs,
13.1.3.2 short-term SDO for a period of less than the gas year, according to the rules specified in the tariff; short-term SDOs are available for DSCs ordering the contractual capacity over 10 m³/h for gas E or over 25 m3/h for gas Lw.
13.1.4 The provision of distribution services requires the conclusion of a distribution contract and submission of an SDO.
13.1.5 The DSO provides continuous services - under which the DSC is warranted the implementation of the services ordered during the entire contract term, except in an emergency situation and scheduled and agreed repair and upgrading works.
13.2
Conditions required for the conclusion of the distribution contract
13.2.1 The entity applying for the conclusion of the distribution contract should:
13.2.1.1 provide a properly completed application for the conclusion of the distribution contract, accompanied by all attachments, in accordance with the procedure described in this clause,
13.2.1.2 submit the following documents and certificates:
13.2.1.2.1documents proving the legal form of the business conducted, including in particular a certificate of registration in the Business Activity Central Register and Information Record (BACRIR) or a current copy of the entry in the National Court Register (KRS), or another document confirming the legal capacity of the entity, 13.2.1.2.2power of attorney or documents confirming the authorisation of persons
representing the entity to incur liabilities on his behalf, unless such authorisation is clear from the document referred to in 13.2.1.2.1,
13.2.1.2.3a document certifying the tax identification number for VAT purposes to entities established in EU countries, unless such information is clear from the documents referred to in 13.2.1.2.1,
13.2.1.2.4for entities domiciled in the Republic of Poland a document certifying the statistical number REGON, unless this information is clear from the documents
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referred to in 13.2.1.2.1,
13.2.1.2.5entities carrying out activities in the Republic of Poland shall provide a copy of a license or a statement signed by the persons authorised to represent the entity, to the effect that the activities carried out by the entity do not require a license under the Energy Law.
13.2.1.2.6The entity applying for the conclusion of a distribution contract in his own name, who is a natural person not conducting business activities, shall submit an identity card or passport instead of the documents and certificates referred to in 13.2.1.2.
13.3
Technical conditions
13.3.1 DSO provides distribution services between the points of exit identified by the DSC and the entry points in the list of entry points to the distribution area, published by the DSO on the website, for which there are technical conditions for the distribution of gas fuel.
13.3.2 The fulfilment of technical conditions by the DSC is assessed at the stage of SDO process, in accordance with 14.3.
13.3.3 Technical conditions of the gas fuel distribution shall mean the cumulative fulfilment of following conditions:
13.3.3.1 the existence of gas pipeline connections within the DSO distribution system between the point(s) of entry, and the point of exit indicated by the DSC,
13.3.3.2 the existence at the exit point of a metering system making it possible to bill the distribution services,
13.3.3.3 gas quality parameters, for the distribution of which the applicant requests must meet the criteria set out in 6.8,
13.3.3.4 the available capacity within the distribution system to be used in order to provide gas fuel distribution services for the DSC will not adversely affect the conditions of gas fuel distribution of the DSC, whose SDO has been accepted for implementation, 13.3.3.5 the pressure of gas delivered at the entry point to the distribution system must
be within the pressure range specified by the DSO for this entry point, and in the case of entry points (physical places of gas fuel delivery) at the connection to the TSO or an ISO in the pressure range specified by the DSO in consultation with the TSO or the ISO.
13.3.4 If due to technical conditions of the distribution system or a system of a cooperating operator, the provision of distribution services by the DSO to the exit point is dependent on the continuity of gas supplies to a specific entry point to the distribution area or the point of entry to the system of a cooperating operator, the DSO may order the DSC to adjust the amount of gas off-take so as not to cause disruption in the continuity of gas supplies to this point, and to other customers. If the DSC fails to observe the limitations required by the DSO, the DSC shall be liable for all the consequences of any potential disruption in the supply of gas to that point or to other customers caused by failure to comply with the limitation requirements indicated by the DSO, on condition of prior notification of the DSC of the technical conditions of the distribution system described in the first sentence.
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13.4.1 The DSO is entitled to collect financial collaterals to secure the DSO’s claims arising out of the distribution contract, in the amount and form determined by the DSO in the distribution contract.
13.5
Time limits for processing applications for the conclusion of the distribution contract
13.5.1 Applications to conclude the distribution contract shall be processed within the order they are received, within 30 days of their receipt, subject to 13.5.2.
13.5.2 When an application is supplemented due to failure to comply with the formal requirements, the submission date shall be the date of its submission in the correct form, as required under the Grid Code.
13.6
Submission of the requests for the conclusion of the distribution contract
13.6.1 The applicant shall submit to the DSO the application to conclude the distribution contract using the applicable form “Application for the provision of distribution services through the DSO network”. The application form is available from the DSO’s website.
13.6.2 The application shall be accompanied by the documents referred to in 13.2.1.2. 13.6.3 The application for the conclusion of the distribution contract and all the
accompanying attachments shall be in Polish. The DSO allows for submission of attachments to the application in a foreign language, accompanied by an authenticated translation into Polish.
13.6.4 The distribution contract is a framework agreement. The applicant may apply for the conclusion of the distribution contract, without a necessity of placing a single distribution order (SDO).
13.7
In order to ensure non-discriminatory treatment of all entities seeking to conclude the distribution contract, the DSO shall use a standard contract model, which is published on the website of the DSO. Processing the application for the conclusion of the distribution contract.13.7.1 The DSO shall process the applications for the conclusion of the distribution contract taking into account the following:
13.7.1.1 compliance with applicable laws,
13.7.1.2 applicant’s compliance with the conditions specified in 13.2-13.4.
13.7.2 Processing the application for the conclusion of the distribution contract involves the formal verification of the application and accompanying documents, with respect to:
13.7.2.1 consistency of details and information provided in the application for the conclusion of the distribution contract,
13.7.2.2 accompanying documents with formal requirements relating thereto (i.e. completeness and correctness of data and documents).
13.7.3 If the application to conclude the distribution contract fails to meet the formal requirements or if errors or omissions are present in the application, no later than 7 working days from the date of receipt of the application, the DSO shall request
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the applicant to submit a correctly completed application or supplement the application by submitting the required documents and information within 7 days working from the date of service of the request.
13.7.4 If the applicant fails to send a correctly completed or supplemented application within the time referred to in 13.7.3, the application shall not be processed.
13.7.5 Within 30 days of receipt of a correctly completed and complete application for the conclusion of the distribution contract the DSO shall notify the applicant of its acceptance, rejection or refusal to conclude the distribution contract.
13.7.6 The request for the conclusion of the distribution contract may be rejected, if it fails to meet the terms and conditions for the conclusion of the distribution contract referred to in 13.2.
13.7.7 In the event of a successful application for the conclusion of the distribution contract, no later than 3 working days from the date of completion of its processing, the DSO shall service upon the applicant (confirmation of receipt requested) the initialled distribution contract, developed on the basis of the currently valid model contract available from the website of the DSO. Within 14 working days from receipt of the initialled distribution contract, the applicant shall service upon the DSO (confirmation of receipt requested), the unilaterally signed distribution contract.
13.7.8 The DSO sends the applicant (confirmation of receipt requested) the signed distribution contract within 7 working days from the date of service of the contract signed by the applicant.
13.7.9 The applicant’s failure to send the signed contract for the provision of distribution services within the time limit specified in 13.7.8 shall be considered to constitute a withdraw of the application to conclude the distribution contract, and the applicant shall be immediately notified thereof by the DSO. Re-submission of the request for the conclusion of the distribution contract requires a re-submission of the application for the conclusion of the distribution contract.
13.7.10 The signing of the distribution contract by the applicant shall be tantamount to the acceptance of all the terms and conditions and all the provisions of the Grid Code. 13.7.11 After the conclusion of the distribution contract by the applicant and the DSO, the
applicant obtains the status of DSC.
13.8
Cases of refusal to conclude the distribution contract
13.8.1 The DSO may refuse to conclude the distribution contract in each of the following cases:
13.8.1.1 non-compliance with the formal, legal, technical and financial conditions referred to in 13.2-13.4.
13.8.1.2 as provided by law, in particular when rendering a service to the applicant may impair the reliability of supply and the quality of gas fuels below the level specified in separate regulations and cause unfavourable changes of prices or rates of fees for the supply of gas fuels and the scope of their supply to the customers connected to the network, as well as prevent the DSO's fulfilment of obligations duties regarding the
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protection of customers’ interest and the protection of environment. The DSO is entitled to request a statement on the fulfilment of legal requirements and metrological by connecting to the distribution network of the equipment, installation and network of entities applying for the connection, providing:
13.8.1.2.1safe operation of the distribution system,
13.8.1.2.2protection of the distribution system against the damage brought about by malfunction of the connected equipment, installations and networks,
13.8.1.2.3protection of the connected equipment, installations and networks against damage in the case of emergency or implementation of the curtailments in the off- take or delivery of gas fuels,
13.8.1.2.4fulfilment of the environmental requirements specified in separate regulations. 13.8.1.2.5capability of metering the values and parameters necessary for the network
operation and billing for the transmission of fuel,