War Time Regulation for energy market/Humanitarian Aid List/Support with Relocation

We would like to let you know that the National Commission for State Energy and Public Utilities Regulation ("NEURC") issued the Resolution "On Amendments to the NEURC Resolution dated 25 February 2022 No. 332" dated 3 March 2022 No. 340" ("Resolution") which came into force on 3 March 2022.?

The period of applicability of the Resolution is during the special period which starts since the imposition of martial law in Ukraine i.e., starting from 5:30 am on 24 February 2022, and covers the time of mobilization, wartime and partially the reconstruction period after the end of hostilities.

The Resolution implements the following provisions during the special period:

? The Transmission System Operator (NEK "Ukrenergo") does not invoice suppliers of balancing services and suppliers of the auxiliary services with payments for discrepancies.

? NEK "Ukrenergo" cannot take a decision to deprive the suppliers of the auxiliary services of the Certificate of Compliance with the requirements for ancillary services based on the monitoring results of its activity.

? In case of complete or partial unavailability of the market management system and / or the software of the Market Operator and consequently the inability of all market participants to download data on bilateral agreements, day-ahead market/ intraday market, the Settlement Administrator (NEK "Ukrenergo") should calculate the payments for positive and negative imbalance based on the imbalance, which is equal to the price of the electric power on the day-ahead market multiplied by 1.1.

? The Guaranteed Buyer can but is not obliged to sell or to buy at the intraday market the whole amount of the electric power which constitutes the difference between the forecasted amounts for production and consumption of electric power and the amounts of the electric power sold based on the bilateral agreements at the day-ahead market.?

? A RES producer under the "green" tariff is not deprived from its membership in the balancing group of the Guaranteed Buyer in case of non-payment of the fee for imbalances settlement of the Guaranteed Buyer to the Guaranteed Buyer.

? The Guaranteed Buyer has a right to deduct payments to the RES producers under the "green" tariff proportionally to the non-paid fee for imbalances settlement of the Guaranteed Buyer.

Should you have any questions, please let us know.

Assistance with relocation

In case you or your colleagues need support with relocation to the Western Ukraine, we have prepared a table, which includes information with contact details. Please follow this link: https://docs.google.com/document/d/1XaRUo0XNHnQpbnA8oN7djS-vNGzQgq-zXilrIQqiUEI/edit

We update this information on the regulary basis.?

If you need a support to find a place in the EU, please let me know I will try to find an accommodation among partner law firms.

Humanitarian aid for Ukraine

If your company is willing to support Ukraine, you may use the following information.

List of humanitarian needs of the Lviv region: https://docs.google.com/document/d/1xt8eNANUGtTLj1rS7MztllXyHdgdlIs6BXDzRS8OAMk/edit?usp=sharing?

Contact person: Yaroslav Petrov ([email protected])

List of humanitarian needs of the Ministry of Health https://docs.google.com/spreadsheets/d/1EFsK-ivkBQRb5fWS6xOpx7AHWlvxzHw63SJWLSDlFUM/edit?usp=sharing?

Contact person: Viktoriya Podvorchanska ([email protected])