69 Panepistimiu & Eolou St., 105 64 Athens Tel: 210-3727400 Fax: 210-3255460 E-mail: [email protected] Web: www.rae.gr English translation (unofficial) of the DRAFT Distribution Network Operation Code released for public consultation on 16.7.2008 The translation at hand was prepared in order to enable broader participation to the public consultation on the Distribution Network Operation Code draft. It represents an initial best effort, given existing temporal limitations, to convey the content of the official Greek document as accurately as possible. In case of differences between the Greek and English documents, the meaning of the former prevails. Athens, July 2008 Section Ι: General Provisions PART I GENERAL PROVISIONS CHAPTER 1 ENTITIES, GENERAL RESPONSIBILITIES AND RIGHTS Article 1-1 Fundamental definitions and Scope 1. The present Network Operation Code (hereinafter “Network Code”) regulates the rights and obligations of the Competent Network Entities, of the Users of the Network and of the Suppliers, with respect to Network access and the usage thereof. 2. The terms defined in Law 2773/1999 and employed in the present Network Code assume the meaning and content attributed to them by said law. Specifically, for the application of the Network Code the implementing definitions included herein shall be in force and applicable. 3. The Competent Network Entities are: A) for the Interconnected Network, the Network Operator, in compliance with the provisions of articles 22 and 22a of Law 2773/1999 and PPC S.A. (Public Power Company S.A.) as the Network Owner, in compliance with the provisions of article 21 of Law 2773/1999. B) for the Non-Interconnected Islands Network, PPC S.A. as the Non- Interconnected Islands Operator in accordance with the provisions of article 23a of Law 2773/1999 and as Network Owner, in accordance with the provisions of article 21 of Law 2773/1999. 4. The Network Operator for the Interconnected Network and the Non- Interconnected Islands Operator for the Non-Interconnected Islands Operator reserve and assume, each one of that part of the Network for which they are responsible, the rights and obligations of the Network Operator specifically determined in the Network Code. 5. The Network Users (or “Users”) are: A) The holders of generation authorization or exemption from the obligation for generation authorization, as well as those users who are exempt from securing a generation authorization and whose electricity generating installations are connected to the Network (hereinafter: “Producers”). B) The “Customers” whose installations are connected to the Network in order to take up electricity. They are differentiated with respect to the Eligible Customers and the Non-Eligible Customers whose installations are connected to the Network. 1 Section Ι: General Provisions 6. The Network Users include, on a case by case basis and in compliance with the specific provisions of the Network Code, candidate Users, who wish their installations be connected to the Network. 7. The Suppliers are the holders of supply authorizations or exemption from the obligation to secure supply authorization, who supply electricity to the Customers. For matters regulated by the Network Code, the Suppliers may represent those Customers they supply exclusively, in compliance with Article 19-2, following a written letter of authorization by the later. 8. The Connection Point for Network/User is defined as the point of connection between the User’s installations and the installations owned by the Network Owner and which is further specified in Article 14-1. This Connection Point constitutes the separation point for the competence and responsibility between, on the one hand, the Competent Network Entities and, on the other hand, the, at each time and occasion, User. 9. For each User installation, the Common Connection Point for User Installations is defined as the point of the Network nearest to the Connection Point for Network/User; which is located upstream from the Connection Point for Network/User and through which electricity flows towards other Users’ installations as well. 10. The part of the Network electrically connected to the System shall, hereinafter, be referred to as “Interconnected Network”. 11. Those parts of the Network that operate at LV shall be referred to, hereinafter, as “LV Network”. The MV Network and the HV Network are defined correspondingly. The Users (or more specifically the Customers and Producers) whose installations are connected to the LV Network, shall, henceforth, be referred to as the LV Users (or LV Customers and LV Producers). The MV Users (MV Customers and MV Producers) are defined equivalently. There are no Customer connections to the HV Network. Article 1-2 Code Supervision and Consulting Committee 1. By RAE decree, following the recommendation of the Interconnected Network Operator, a standing Code Supervision and Consulting Committee is set up consisting of representatives from the Competent Network Entities, the Users of the Network, the suppliers and any other requisitely involved entities or persons, as per case applicable, and all that is relevant to its operation are determined. 2. The Code Supervision and Consulting Committee will submit proposals to RAE for issues related to the supervision of the implementation of the Network Code, following queries by RAE, the Competent Network Entities, the Network Users or the Suppliers for possible necessary amendments of the Network Code or for taking measures related to its implementation. Article 1-3 Code Implementation Manuals and Network Operator Instructions 1. The details for the implementation of the provisions of the Network Code are determined in the Implementation Manuals of the Network Code, which are 2 Section Ι: General Provisions drawn up by the Network Operator and approved by RAE. For the issuance of the relevant decree, RAE shall take under consideration the outlook of the Network Owner and will place a draft of its decree for public deliberation. 2. The Implementation Manuals include in detail all the necessary adjustments and calculation methodologies required for the implementation of the Network Code. 3. In order to ensure the prompt and effective implementation of the provisions of the Network Code and in the resolutions and regulations issued under the authority granted by Law 2773/1999, the Network Operator issues all the requisite Implementation Instructions for the Network Code, which are notified to RAE, in order for the later to ascertain that the Instruction text ensures the observance of what has been prescribed above. 4. The Network Operator is obliged to exercise due diligence for the receipt and forwarding of every request or report by the Users and the Suppliers for the drawing up of the Implementation Instructions and Implementation Manuals for the Network Code or the provision of clarifications for the implementation of regulations contained therein, as well as for proposals for their amendment and modification. Article 1-4 Decree regulating the distribution of electricity 1. The arrangements contained in Annexes I up to III of the Network Code and regarding: (a) the Quality of Service provided to the Users, (b) the Regulatory Framework for Network Development, and (c) the annual consideration for the Network, shall be updated by a decree issued in compliance with the procedure provided for the amendment and modification of the Network Code and the specific provisions of paragraph two (2) of the present Article. The amendment decree for Annexes I up to III shall be hereinafter be referred to as “Electricity Distribution Regulation Decree” while its term of effect, which shall be established in the same Decree and which may be between three and five consecutive full calendar years, shall be hereinafter be referred to as “Regulatory Distribution Period”. Each Regulatory Distribution Period commences on the day immediately following the expiration of the previous Regulatory Distribution Period. By the Electricity Distribution Regulation Decree the basic parameters of the strategy for the implementation of the Network Code for the following Regulatory Distribution Period are regulated, in the context of the provisions of Parts I up to XI of the Code. 2. The Electricity Distribution Regulation Decree is issued at least six months prior to the expiration of the current Regulatory Distribution Period. To this end: A) The Operator of the Interconnected Network and the Operator of the Non-Interconnected Islands shall submit their proposals at least twelve (12) months in advance of the expiration of the current Regulatory Distribution Period, taking under consideration the views of the Network Owner. B) Following the submission of the aforementioned proposals, RAE proceeds with public deliberation, lasting at least three months. 3 Section Ι: General Provisions C) RAE shall pronounce on the issuance of the Electricity Distribution Regulation Decree at least seven months prior to the expiration of the current Regulatory Distribution Period. Article 1-5 Appeals and arbitration by RAE 1. Every User or Supplier of the Network, who deems that access to the Network is not provided in the most economical, transparent and prompt manner, or that there is discrimination amongst the Users or amongst User or Supplier categories, as well as any third party with a legitimate interest may appeal to the competent Network Operator, who is obliged to respond on the appeal within thirty (30) days from the date the appeal was lodged. 2. In case