Georgian National Energy and Water Supply Regulatory Commission Resolution #20

September 18, 2008

Electricity (Capacity) Supply and Consumption Rules

Article 1 General Provisions

1. Electricity (Capacity) Supply and Consumption Rules (hereinafter the Rules) regulates the relationships, between the Distribution licensee, low-capacity power plant, on the one hand, and consumer, on the other, in the process of electricity purchase, sale, distribution, pass through and/or consumption.
2. The terms introduced by these Rules are obligatory for all persons, who carry out electricity generation, distribution, pass through and/or consumption. Imposing obligations inconsistent with these Rules is prohibited.
3. The terms in these Rules have the same meaning as in the law of Georgia on “Electricity and Natural Gas”.
4. Besides the cases introduced in these Rules, termination of electricity supply for consumers without preliminary permission of the Georgian National Energy and Water Supply Regulatory Commission (hereinafter the Commission) is prohibited.
5. Any person, if his/her rights are violated, has the right to appeal to the Public defender of consumers interests existing within the Commission, or to appeal to the court. In addition, he/she has right to demand compensation from the violator for the damage which occurred due to the violation of guaranteed rights under these Rules and/or failure to meet its obligations.

Article 2 Main Principles

1. Electricity Distribution licensee is obliged to provide consumer with safe, uninterruptable and reliable electricity supply within relevant parameters, in accordance with the obligations under the legislation, license terms, these Rules and corresponding agreement.
2. Distribution licensee is obliged to:
   1. provide service to all types of the consumer in accordance with these Rules;
   2. follow established technical and safety standards and rules;
   3. provide constant service for the consumers – among them, permanent 24 hour telephone hot-line service;
   4. carry out immediate response to the notification about termination of electricity supply or/and to the voltage deviation from the established norms;
   5. sell electricity to the retail consumer (according to the terms established in these Rules);
   6. pass through electricity belonged to another person via distribution network upon request till the electricity network of preliminary identified person;
   7. ensure the proper implementation of obligations under the terms of the license and these Rules.
   8. Distribution licensee is obliged to react immediately and stop the electricity supply, if:
      1. life, health or property of an individual is under the threat;
      2. technical standards and safety rules are violated. In addition, based on the complexity of the violation, the consumer will be given a reasonable period to remedy the violation;
      3. Dispatch Licensee has granted the appropriate instruction to restrict or terminate the electricity supply.
      4. Distribution Licensee is authorized to stop electricity supply, according to the current legislation and these Rules, if:
         1. the consumer has not paid the electricity bills;
         2. the consumer violates the requirements of the technical conditions for the connection to the distribution network;
         3. the consumer does not fulfill those conditions laid down in the Rules and / or contractual obligations which are envisaged for termination of electricity supply under current legislation;
         4. there is a need for planned and emergency maintenance works.
         5. Distribution licensee is obliged to conduct monetary payment with consumer only after full reflection of the payment amount and last date of payment in the bill defined in these Rules.

Article 3

Service sector and the general conditions

1. Under Power Purchase Agreement the seller makes commitment to supply electricity according to the current legislation, these Rules and contractual obligations; and the buyer makes commitment to pay the cost for the received electricity and to follow the terms defined in current legislation, in these Rules and in the agreement.
2. These Rules and corresponding agreement are the main legal documents for electricity consumer, which regulates rights and responsibilities for the Distribution licensee, the low-capacity power plant and consumer while electricity purchasing, selling, distributing, passing through and/or consuming.
3. The terms described in this methodology are the integral parts of the Power Purchase and Service Agreement.
4. Power Purchase Agreement, as well as, Service Agreement between Distribution Licensee and consumer can be executed in written form (as well as, with bill or other written document, according with the forms approved by these Rules).
5. The terms of Power Purchase Agreement, in case of execution this kind of agreement with consumer, shall be in accordance with requirements of these Rules and current legislation.
6. Distribution licensee has no right to make an agreement and/or other deal with the consumer, content or/and terms of which contradict with these Rules and current legislation.
7. Distribution licensee and low-capacity power plant must give a justified written answer to the consumers’ application no later than ten day after receiving the application.

71. Declarant should be replied in the same written or electronic form as the application was received (if declarant has not requested to answer in another form)

1. Distribution licensee is obliged to develop application templates on various inquiries and make them accessible to consumers in compliance with these Rules (According to the repeatedly received applications from the consumers).
2. Electricity retail consumers are divided into two groups for the purposes of these Rules,
   1. household consumer -natural person which buys and consumes electricity only for household purposes;
   2. non-household consumer–      all   other   retail   consumers,      but   household consumers.

Article 4

The basis and prerequisite for service

1. Distribution licensee is obliged to register as a subscriber that person, who uses (or will use) their service in accordance with these Rules.
2. Consumer of electricity is obliged to use electricity only for the purposes indicated in application.
3. A person who wants to receive and consume electricity must submit an application to a corresponding distribution licensee for the purpose of registering as subscriber.
4. In case of changing the owner of a residential apartment, an utility or other object, a new owner is obliged to present, alongside with property-related documentation, application envisaged by this article to the corresponding distribution licensee.
5. If a person temporary uses the real property and owner of the property gives him written permission, the person has a right to be registered as subscriber, and the Distribution licensee is obliged to register him as subscriber on the given address. Furthermore, Distribution licensee is authorized to request contribution of money on its deposit in accordance with the conditions of these Rules and covering the full accrued debt (Licensee can request full recovery of the debt if registration of the temporary owner causes the cancellation of the registration of the subscriber with accrued debts, and in case if the non-payment of the indebtedness or disagreement on the conditions for debt covering the Distribution Licensee has right to decline registration of a subscriber on the given address).

1. Applicant expresses his will to receive and consume electricity under existing legislation and conditions given in these Rules by submitting application for registering as a subscriber and, on the other part, Distribution license expresses consent and undertakes obligation to supply applicant with electricity under current legislation and conditions given in these Rules by registering applicant as a subscriber. Both the Distribution licensee and the applicant (subscriber) has right to demand from another party the written confirmation of the deal, at any stage of legal relations.
2. Under the given Article, applicant for registration as a subscriber cannot be required to pay any type of fee for implementation of procedures and activities needed for electricity supply, unless other condition is envisaged directly in these Rules.
3. Application should indicate:

a)      name and address of the applicant;

b)       name of the Distribution licensee;

c)       consent of natural person responsible for payment, his name and surname, address, identification number by the identity card (other identification document admitted by Georgian legislation is acceptable) or in case of legal person – his name, or in case of other person – his name, legal address, bank details, identification code of taxation body and date;

d)       place (address) where electricity supply and service should be provided;

e)      type of ownership of real property, where the service should be provided;

f)       purpose of electricity consumption (household or non-household);

g)       If consumer wishes:

g.a)     execution of the Power Purchase Agreement;

g.b)       presence on the drawing up of an act for the starting of electricity supply of new subscriber;

h)        Other similar requirements, considered necessary by the applicant.

1. The following documents should be attached to the Application additionally:

a)      Real estate ownership certificate. In case of temporary ownership of the real property - written consent of the real property’s owner;

b)        Written consent of natural person responsible for payment, if applicant and responsible for payment are different persons.

1. After receiving application for registering as subscriber the Distribution licensee is obliged to register consumer as a subscriber within no more than five working days and ensure his electricity supply in accordance with the conditions described in these Rules.
2. Right after of the implementation of necessary procedures and activities for registering of applicant as a subscriber and before starting up electricity supply, the Act for the starting electricity supply of new subscriber should be drawn up; it should include type and number of electricity meter, initial reading, and number of stamps and period of planned inspection of electricity meter. The consumer has a right to request the presence at the drawing up the act. In this case licensee is obliged to notify the date of the drawing up the act.

1. After registration as a subscriber the Distribution Licensee is obliged to ensure execution of the Power Purchase Agreement with consumer (if the consumer wishes so). While execution of the agreement the Distribution Licensee and/or consumer have right to use approved standard template of the “Power Purchase Agreement” (see Annex #1). In addition, while the selection of the agreement template the consumer has right to request the signature of the standard template of the “Power Purchase Agreement”.
2. After the registration, the execution of the Power Purchase Agreement(if the consumer wishes so) and the drawing up the Act for the starting of electricity supply of new subscriber the Distribution Licensee is obliged immediately to provide electricity supply, if Application for the registration as a subscriber does not envisage another date.

Article 5 Rendering of service

1. Customer is not required to accept any condition or/and service, which is not defined directly under these Rules and existing legislation.
2. Distribution licensee is authorized to inspect non-household consumers’ electric installations and their compliance with technical and safety norms.
3. Distribution licensee is not obliged to inform consumer in advance about the date of possible inspection. Customer is obliged to give permission to the representative of Distribution Licensee to the electric installations in his ownership. Moreover, the consumer should be able to identify inspector by corresponding documentation, uniform and other means known to the consumer beforehand.
4. Only distribution licensee carries out the restoration of electricity supply to the consumer, after proper inspection of electricity meter and connection to network.
5. Upon consumer’s request it is possible to provide him with backup power supply (abovementioned requires execution of the relevant Agreement). Distribution Licensee is able to require one-time compensation of costs from the consumer for the backup power supply in accordance with the preliminary executed agreement (This requirement is also applicable to provide the consumers’ closets, garages, elevators, lightening and other destination facilities or/and utilities with electricity that due to request of the consumer (or consumers) should be carried out separately).
6. Distribution licensee should grant to the concerned party (as well as, retail consumer) with opportunity to use temporarily those electrical installations (electricity receivers), which are used for household, construction and other purposes.

Abovementioned requires preliminary agreement with Distribution licensee. In case under this Paragraph relations are carried out as follows:

1. Temporary connection to the distribution network and, if necessary, organization of metering point are not obligations of Distribution licensee. Abovementioned should be carried out by the concerned party after preliminary agreement with the Distribution licensee;
2. Parties can agree upon the connection of electrical installation (electricity receivers) to a network, its utilization and accrual method, without individual metering. Provided that charge of consumed electricity by mutually agreed method (without individual metering), is a one-time operation and shall not exceed 3 calendar months;
3. When it is impossible to determine full amount of consumed electricity with the use of electrical installation(s) and agreement between them does not envisage any other condition, calculation must be carried out on the basis of multiplication of utility’s installed capacity, its utilization rate 0.5 and 8 hour operation during a day. Calculation by this method is a one-time operation and shall not exceed 3 calendar months.
4. In the case envisaged in Paragraph 6 of this Article, Distribution licensee is obliged to state a justified refusal to supply the consumer with electricity, if it is evident that use of electrical installations (electricity receivers) will effect unfavorably on power- supply system or/and distribution licensee capability to render service on a standard level to him or/and other consumers.

Article 6 Organization of metering point

1. The Distribution licensee is obliged to record consumed electricity individually (except for the case directly envisaged in these Rules), for this purpose organize the metering point, accordingly, purchase, install and repair the meter necessary for installing the metering point, if required, different equipment, electrical installation and other facilities that provide proper functioning of the metering system and protect against illegal (unauthorized) interference.

11. If installed capacity of electrical installation of non-household consumers connected to one point of distribution network is less than 1 kW, the parties are authorized to agree on electricity consumption without meters. The amount of consumed electricity in such case is determined according to installed capacity of electrical installation and operating hours.

1. If required, the distribution licensee has the right, and according to the requirement envisaged in the Rules is obliged to remove, repair, check and change the metering point (including electricity meter) and also his own other devices, including electrical installations.
2. The Distribution licensee is authorized to charge the consumer with metering point organization cost (including the costs of purchasing and installing meters or other devices) only in cases directly defined in the current legislation and these Rules.
3. Electricity meter, accordingly, other electrical installations of metering point shall be protected against illegal (unauthorized) interference not to change or encroach electricity meter readings.
4. Metering point shall comply with the current technical regulations and standards in Georgia. Metering point shall be organized so that the interested party will be able to take meter reading, and also distribution licensee freely carries out other activities under these Rules.
5. Before the Distribution licensee starts work to provide consumers with electricity, the consumer is obliged to inform him about the obstacles or/and other negative circumstance in the workplace known to him.
6. Electricity meter shall be installed (accordingly, metering point shall be organized) near the territory that belongs to the consumer (outside the territory), but not more than50meters away from the apartment, enterprise or other object where the electricity is consumed, if any other provision is not considered under technical regulation or the agreement between distribution licensee and the consumer.
7. If it is necessary, electricity meter shall be installed on the territory belonging to the consumer, in such case the consumer shall provide the place for installing metering point wiring so that the representative of Distribution licensee will be able to install metering point and wiring, test, repair and take meter reading on regular basis.
8. The Distribution licensee is responsible for organizing metering point (including installing electricity meter), putting stamp in a proper technical way drawing up relevant act, where the name and surname of the representative of Distribution licensee, consumer, person responsible for keeping metering point and the meter will be indicated. In addition:

a)           Distribution licensee provides restoration, change and installation of the damaged metering point, its component meters, other electrical installations and facilities on his own costs.

b)        In case the metering point installed in the entrance of the residential building is damaged, the Distribution licensee is authorized to request the reimbursement of damage from the consumer in case if the damage of metering point is proved to be the consumer’s fault;

c)        The consumer is responsible for keeping metering point and also its component meters, electrical installations when the metering point is installed on the protected area that belongs to the consumer (This subparagraph does not apply to the cases of damaging the metering point installed in the entrance of the residential building).

1. In case of two-way flow of electricity between consumer and Distribution licensee networks, reversible electricity meter shall be installed (accordingly metering point shall be organized so that electricity overflow is metered in both directions).
2. If the consumer is supplied with electricity from the distribution licensee via the transformer belonging to the consumer, electricity meter shall be installed (metering point shall be organized) on the side of high voltage.
3. If 0,220 kV voltage household consumer owns 0,380 kV voltage electrical installation that was connected to the distribution network and the consumer’s total capacity to be connected is not more than10 kW, the consumer is authorized to request organization of 0,380 kV voltage metering point instead of 220 kV voltage metering point according to one of these rules:

a)       The consumer shall apply to the Distribution licensee and provide organization of 0,380 kV metering point on its own. In this case, the Distribution licensee is obliged to issue technical condition free of charge within two weeks of receipt of application;

b)        If the distribution licensee organizes the 0,380 kV metering point, the distribution licensee is obliged to provide the change of metering point, and the consumer – to reimburse the cost incurred on change and organization of metering point that shall not exceed 250 GEL including VAT.

Article 7

Electricity Distribution Licensee Obligations and Expansion of Electricity Distribution Network

1. Electricity frequency, voltage and other parameter in the distribution network shall comply with norms and state standards in the electricity sector. While providing electricity supply Distribution licensee is responsible for those electricity parameters that can be corrected or changed by him.
2. According to these Rules the Distribution licensee is obliged to own electricity distribution network and its component electricity installations, including metering devices (meters) and other electricity installations and is obliged to supply consumers with electricity.
3. Expansion, reconstruction, repair of distribution network of distribution licensee, installation and connection of electrical installations, decommissioning or switching shall be carried out only by the distribution licensee.
4. In case the consumer paid to the Distribution licensee for purchasing the meter, as well as for rehabilitation, reconstruction, arrangement of electricity distribution network, or/and expansion of distribution network, the consumer is authorized to request pay back or offset the paid amount. (This paragraph does not apply if consumer has paid according to the requirements directly defined in these Rules and current legislation).

Article 8

Illegal consumption of electricity and preventing methods

1. Illegal consumption of electricity means unauthorized connection to distribution network, deliberate damage of electricity meter stamps (if the accuracy of metering is violated), falsification of digital data of electricity meter, electricity theft; in addition

it includes electricity consumption with avoidance of electricity meter and/or without the meter (except for the cases envisaged by these Rules and legislation.)

1. In case of illegal consumption of electricity, Distribution licensee under these Rules is obliged to terminate electricity supply to relevant consumer. In this case, termination of electricity supply is possible without preliminary notification of consumer (except for the cases, when it is known that termination of electricity supply to this consumer will cause deterioration of person’s life or health, or increased expenses disproportionately with the respect to the amount to be charged or already charged).
2. As soon as illegal consumption of electricity is revealed, Distribution licensee is obliged to draw up corresponding act.
3. in case of unauthorized connection of electrical installations to the network, deliberate damage of electricity meter stamps (if the accuracy of metering is violated), falsification of digital data of electricity meter, electricity theft, including electricity consumption with avoidance of electricity meter or/and unauthorized consumption of electricity without the meter the consumer of electricity is obliged to pay a cost of consumed electricity during its illegal consumption. The amount of illegally consumed electricity will be defined on the basis of corresponding act, under the following rule:

a)          When it is possible to define total amount of illegally consumed electricity, Distribution licensee will accordingly correct the data.

b)       When it is possible to define the amount of illegal consumed electricity or errors of meter reading within a calendar day, but initial date of illegal consumption of electricity is unknown, representative of Distribution licensee calculates the total amount of consumed electricity from the date of last inspection (but not longer than 3 months) of electricity meter (metering point).

c)       When it is impossible to define the amount of illegally consumed electricity within a calendar day, but an initial date of illegal consumption of electricity is known, the amount of consumed electricity within violation period is calculated through multiplying the capacity of consumption from the network by the consumer at the moment of inspection by 8 hour consumption within a calendar day. Moreover, when it is impossible to measure capacity of consumption or measured capacity is considerably low than installed capacity of electrical installations of the given consumer, the amount of consumed electricity within violation period is calculated according to the potential capacity of consumer’s receivers and time table of capacity usage in accordance with Annex 3 to these Rules (according to the this paragraph charging period shall not exceed 3 months).

d)           When it is impossible to define an initial date of illegally consumption of electricity and the amount of illegally consumed electricity within a calendar day, the amount of consumed electricity is calculated within one month period through multiplying of consumed power from the network at the moment of inspection by 8 hour consumption within a calendar day. Moreover, when it is impossible to measure

capacity of consumption or measured capacity is considerably low than installed capacity of electrical installations of the given consumer, the amount of consumed electricity within violation period is calculated according to the potential capacity of consumer’s receivers and time table of capacity usage in accordance with Annex 3 to these Rules.

e)        if consumer does not permit the representative of Distribution licensee to define installed capacity with ungrounded (unjustified) reasons and prevents him to undertake his work, Distribution licensee has right, after 2 working days from written notice to the consumer, to charge the multiplication (nominal capacity) of voltage, current and capacity factors on incoming wiring during the allowed maximum load through calculating 15 day usage.

1. If after using charging method envisaged by subparagraph “e” of Paragraph 4 of this Article, the consumer submits in writing justified argumentation to the Distribution licensee about the non-admission of the representative of Distribution licensee within a reasonable time-frame (no more than 3 months after receiving of the Billing Act, then illegal consumed electricity shall be calculated according to the installed capacity of consumer’s electrical installations within a calendar day under subparagraph “d” of Paragraph 4 of this Article.
2. While calculating the total sum of installed capacity of consumer’s electrical installations given in this Article only those electrical devices in his ownership are used which are connected or ready to be connected to the network and are in operating condition.
3. The consumer who illegally used service of Distribution licensee, in addition to compensation of damage, under existing legislation may be imposed with Administrative penalty, envisaged by Georgian code of Administrative Offenses.
4. In case illegal consumption was attested, Distribution licensee has a right to charge customer with cost of insured letter send to him under these Rules.
5. The Distribution licensee is authorized not to deliver service to the person who used this service illegally and as a result is charged with debt until the debt is fully covered or redistribution of the debt is agreed.

Article 9

Calculation and Payment of the Electricity Cost

1. The cost of consumed electricity by the consumer is calculated on the basis of the individual electricity meter reading.
2. Billing and payment of consumed electricity shall be carried out on monthly basis (in accordance with consumed electricity by the retail consumer).
3. The cost of consumed electricity by a retail customer shall be paid within time-frame indicated in the bill which must be not less than 15 days. If the last day of time-frame

coincides with a day off or holiday and payment offices do not work, the next working day would be considered as a day of time-frame expiration.

1. The bill must include the last day of the payment, consumption tariff, the amount of the consumed electricity (kWh) and its cost, the place where payment is available without additional charges, as well as the phone number of the hotline service of the Distribution licensee; On the other side of the bill must be indicated information determined by the decision of the Commission.
2. After expiration of time-frame of payment indicated in the bill if the cost is not paid the Distribution licensee is authorized to terminate electricity supply to the consumer. In addition, Distribution licensee is obliged to consider a period of the payment of the debt and its reflection (not more than 3working days). In case of violation of these procedures termination of the electricity supply will be postponed.

51. The bill shall be delivered to retail consumer every month at one and the same time as far as possible. Non-receipt of a bill does not exempt the consumer from payment of consumed electricity.

6. (Repealed19.07.2012, №9).

1. The redistribution of the accrued debt may occur upon the agreement of the parties which should be signed with the corresponding agreement.
2. Due to non-payment of the indebtedness the termination of the electricity supply is not allowed during evening hours, in a day off or holidays and the day before them.
3. The consumer must pay the charged cost by cash in the corresponding service center or by transfer payment on the bank account.
4. Charged cost for the consumer must be fully indicated in the bill.
5. The consumer has right, in agreement with Distribution licensee, to prepay cost of electricity. Prepaid amount will be taken into account during next payment. In case of deficit, it must be reimbursed to Distribution licensee.
6. It is prohibited for the Distribution licensee to shift indebtedness from one consumer to another, without written consent of the latter.

Article 10

Mechanisms of Accrual and Payment Ensuring

1. Distribution licensee is authorized to demand from the consumer to deposit an amount of money and in case of failure to pay on time the consumer shall ensure to deposit required amount under the Rules and Procedures for the withdrawal of the indebtedness accrued on the consumer; In addition, the Distribution licensee shall reflect the amount to be deposited in the consumer’s accrued debt if:

a)       a person has registered as a subscriber on the address of property in temporary use;

b)         Consumer delayed to pay the cost of consumed electricity three and more times within a 12-month period;

c)      Service to the consumer was terminated due to illegal consumption of electricity.

1. Deposit shall not exceed average monthly payment of consumed electricity by a consumer (with consideration of seasonality) and in case of registration of subscriber on the address of property in temporary use – more than amount of consumed electricity in the first calculating period. The consumer must not be required to deposit an amount for the second time if deposit amount was not intended by distribution license-holder to cover indebtedness between them or was not returned back, in accordance to the requirements of these Rules.
2. Deposit amount must be returned to the consumer if:

a)        The consumer voluntarily denied the service and fully covered the indebtedness during final payment;

b)          During a 12-month period the consumer fairly executed his duties and charged payments are fully and timely covered (except for the deposit on the basis of registration of subscriber on address of property in temporary use);

1. If electricity meter was installed in the consumer’s protected area (in residential apartment, as well) and by reason of consumer it is impossible to read the meter, the Distribution licensee is authorized to charge consumer with one month payment, which is calculated based on quantity of average monthly consumption of electricity by the consumer (with consideration of seasonality). The difference between real and accrued consumption must be corrected (re-calculated) in accordance with the real reading of consumer’s electricity meter.
2. The Distribution licensee is responsible for the results caused by not exercising the rights under these Rules. If the Distribution licensee has not exercised the rights under these Rules and as a result the consumer has not covered his debt for the period of two months or more and agreement about the conditions of the debt payment does not exist, upon consumer’s request the abovementioned indebtedness shall be equally reallocated for two years at least if parties do not agree on other time-frame.

51. If the dispute between the Distribution licensee and the consumer is reviewed in the Commission in such case the time-frame for debt redistribution is determined by the Commission.

Article 11

Inspection of Electricity Meter and Dispute Related to Metering

1. In order to resolve disputes fast between parties, at the request of one party a meeting between them shall be held without delay. Representative of the Distribution licensee is obliged to draw-up an act signed by the parties for the purpose of dispute resolution, agreement upon any issue or record of other fact.
2. If consumer’s electricity meter incorrectly counts electricity consumption or electricity meter reading was incorrectly recorded and as a result the bill was incorrectly issued the Distribution licensee is obliged to correct consumer’s data.
3. In case of dispute due to incorrect reading of electricity meter, distribution licensee shall inspect electricity meter reading and draw up an act, at least in 5 working days.

31. For the purposes of these Rules the inspection of electricity meter implies visual observation of the measuring facilities (meters), determination of actual deviations with different methods if necessary, its confirmation, expert (official) measuring or/and other activities necessary for evaluation of abovementioned measuring facilities.

1. The consumer shall not be imposed with charge for electricity meter inspection, if period of scheduled inspection or time-frame of inspection of electricity meter is overdue.
2. Organization of metering point of electricity consumption of a retail consumer, as well as, removal, confirmation or/and installation of electricity meter is provided by the Distribution licensee. Covering of the costs for delivered service may be imposed on retail consumer only in case directly envisaged under these Rules.
3. Confirmation of electricity meter is carried out under established rule of Georgian law on “Providing Unified Measurement”.
4. Upon the request of the consumer Distribution licensee can undertake unplanned inspection of accuracy of electricity meter. The Distribution licensee is obliged upon request to inform other parties about intended inspection. The costs for the unplanned inspection of electricity meter upon consumer’s request are paid by the consumer; except the cases envisaged in Paragraph 4 and Paragraph 8 of this Article, as well as in cases when other condition is not determined by these Rules or/and existing legislation. In case of removal of the electricity meter, Distribution licensee is obliged to draw up an act immediately.
5. The electricity meter can be inspected by the Georgian national agency on standards, technical regulations and metrology and/or any other accredited laboratory in Georgia upon request of an interested party. In case the inaccuracy of electricity meter does not correspond with permissible deviation given in passport the cost for proper organization of metering point, including confirmation of electricity meter and installation costs are played by the Distribution licensee (except the cases of illegal consumption of electricity envisaged by these Rules).

81. An interested party (including the consumer) is able to request on the basis of the written application the expert (official) measurement on the any stage of determination the accuracy of the accounting. In this case before any necessary activity for execution of the request the Distribution Licensee is obliged to give written explanation to the consumer about the procedures required to conduct the expert (official) measurement and all possible expenses related to them, in the cases directly envisaged by Paragraph 7 of this Article.

1. Distribution licensee is obliged to provide presence of the consumer or his/her representative on inspection of electricity meter by notifying the place and exact time of the meter inspection. Distribution licensee shall inform the consumer about inspection, at least, prior 3 working days.
2. Disputes related to the recording of consumed electricity by a retail consumer will be solved under the following rule:

a)          If proved that inaccuracy of electricity meter (detrimental for the consumer) exceeded to its permissible error given in passport, Distribution licensee is obliged to correct meter reading correspondingly to the determined error, from a date of beginning of inaccurate recording of electricity meter up to inspection date. The overpaid amount shall be returned to the consumer as soon as error is corrected or/and offset shall be done while next payment (depending on consumer’s will).

b)            If proved that inaccuracy of electricity meter (beneficial for the consumer) exceeded to its permissible error given in passport, Distribution licensee is obliged to correct meter reading correspondingly to the determined error, from a date of beginning of inaccurate recording of electricity meter up to inspection date. The cost of over-supplied electricity by the Distribution licensee shall be paid by consumer.

1. If determination of the initial date of inaccurate accounting of electricity meter is impossible, re-calculation shall be carried out according to the period between the penultimate meter reading and requested inspection. This period of time must not exceed 3 months.

111. Determination of the electricity meter inaccuracy and accruing according to inaccuracy rate shall be carried out only in Georgian national agency on standards, technical regulations and metrology or/and any other accredited laboratory in Georgia on the basis of this meter inspection.

1. In case of damage of electricity meter the consumer is obliged to notify immediately Distribution licensee (in writing or orally, via phone call, as well). Upon receiving notification Distribution licensee is obliged to confirm about it in writing and immediately undertake needed activities and procedures for permanent electricity supply of this consumer (under these Rules and conditions envisaged by legislation); In the case envisaged by this Article the conditions for an illegal consumption of electricity cannot be applied.
2. If for a certain period of time recording of consumed electricity (with electricity meter) was not done or/and for this period of time determination of consumed electricity is impossible (in case of damage of electricity meter), the consumer for unrecorded consumption of electricity will be charged with payment, equal to an average monthly consumption of electricity during 3 months consumption, after arrangement of accounting (with consideration of seasonality). This is a one-time charge method and shall not exceed three months.
3. In case the meter is removed for replacement purposes the Distribution licensee is obliged to install a new meter immediately (notwithstanding, whether, due to different occasions, an old meter (removed) needs laboratory or/and any other inspection), or act in accordance to Paragraph 15 of the given Article.
4. In case of removing or/and revealing damage (defect) of electricity meter, when recording of consumed electricity is not done with electricity meter and before

arranging of proper accounting, customer, only with his written consent the consumer will be charged with payment calculated from his average electricity consumption (with consideration of seasonality). It is a one-time charge and shall not exceed one calendar month. If replacement of individual electricity meter takes place within 3 calendar days, written consent of the consumer under this Paragraph is not necessary.

1. If conditions of the given Article do not envisage other rule, these conditions and charge method do not apply to the cases of illegal consumption of electricity.

Article12 Dispute Resolution

1. It is not permitted to terminate electricity supply without bringing a claim and determining reasonable time for fulfilling it (in compliance with the conditions and procedures under these Rules). If electricity supply is terminated in contempt of procedures envisaged by these Rules, supply shall be restored immediately.
2. During hearing of a dispute between consumer and Distribution licensee by the Commission or a court it is not permitted to terminate electricity supply to a consumer without requirement of Commission or court decision, except cases when metering point is in order and dispute concerns to disagreements on current payment.
3. Paragraph 2 of the given Article does not apply to a consumer, who was terminated with electricity supply under conditions of these Rules before initiating of dispute. In such case, electricity supply will be restored under mutual agreement between the Distribution licensee and consumer or/and Commission order or court decision, upon customer’s intermediation.
4. It is not permitted to terminate electricity supply on the basis of Distribution licensee demand to cover indebtedness, if limitation period is expired from the arisen of demand under Civil Code of Georgia (except for the case, when consumer acknowledged the debt, under Article 137 of Civil Code of Georgia). Correspondingly, it is not permitted to use electricity termination and other ensuring mechanisms for the purpose of acknowledging the abovementioned indebtedness. In such case, Distribution licensee is authorized through Commission or court, to claim from the consumer to cover the indebtedness and, provided the Commission’s assent or court decision – to terminate electricity supply before completion of dispute.
5. Circumstances given in this Article do not exempt the consumer from the current payments for consumed electricity.

Article 13

Data Collection on electricity supply and service

1. Distribution licensee is obliged to keep unified register of electricity supply and service, on the basis of terms under these Rules and corresponding instructions adopted by the Commission.
2. Unified register of electricity supply and service reflects information, determined under these Rules and corresponding instructions, as well as, information about response to customers via written, verbal, electronic or phone call applications and executed service.
3. In the Unified register of electricity supply information is entered by Distribution licensee through appropriate notes in corresponding register (journal). Distribution licensee is obliged to keep relevant register (journal) in operational control centers, stations and substations owned by him, as well as, in the service-centers. Distribution licensee is obliged to keep registers (journal) in electronic form, (in addition the instruction adopted by the Commission can envisage obligation to keep different type of information or/and register (journal) in electronic form).
4. Registers (journals) (except in electronic form) shall be properly bound and attested by the Distribution licensee.
5. Distribution licensee is obliged to give identification number to the entry in register (journal), whereby it will be possible to determine serial number of the relevant register (journal) and entry in the journal and to identify the facts.
6. In the register (journal) where the data about supply consumers with electricity or service is reflected the following information is entered:

a)          termination of electricity supply or/and deviation from allowable standard of voltage (with indication of particular distribution network or section);

b)          Initial date of termination of electricity supply or/and deviation from allowable standard of voltage;

c)           date of restoration of normal supplying with electricity (with indication of particular distribution network or section);

d)         termination of electricity supply without notification (non-planned) and planned termination;

e)       technical information of electricity supply, in case of deviation (unsteadiness) from allowable standard of voltage, particularly, deviation of established range of voltage in control points.;

f)        cause and circumstance that provoke termination of electricity supply or deviation (unsteadiness) from allowable standard of voltage.

1. The base for entry in relative register (journal) about termination of electricity supply or/and deviation (unsteadiness) from allowable standard of voltage is indicators of corresponding automatic instrument, as well as, response of electric facilities or/and verbal notification from different persons (among them, notification by phone call).
2. While defining period of time of termination of electricity supply or/and deviation (unsteadiness) from allowable standard of voltage, time keeping begins from notifying the indicators of corresponding automatic instrument, as well as, response of electric facilities or/and verbally from different persons (among them, notification by phone call).
3. The basis for information entering in register (journal) is written, phone or verbal notification from the consumer. Distribution licensee is obliged to give identification number to consumer’s notification that makes it possible to define sequence of entry in register (journal). Identification number of a statement shall be notified to an applicant as soon as notification is received.
4. Distribution licensee shall divide consumer’s statements by categories in correspondence with issues in it.
5. In register (journal), where consumer’s (or group of consumers) statements are registered shall be indicated (entered) the following information:

a)      Name and address of the applicant;

b)       Registration number of statement;

c)      Short description of the statement (in accordance with given category);

d)       Date of response;

e)      Type of response;

f)       If responded by letter, date and number of the letter;

g)       Result – whether statement (application) was solved.

1. Facts, entered in registers (journals), within two weeks after the end of every calendar month, must be reflected in unified register of electricity supply and service. It must be possible to determine respective register (journal) and sequence of the entry.
2. Distribution licensee is obliged to keep all those registers (journals) during 3 years, on the basis of which entered information is represented in unified register of electricity supply and service.
3. Information represented in unified register of electricity supply and service is public.

Article 14

Termination of electricity supply and service

1. If carrying out of scheduled repair and reconstruction works will terminate electricity supply to the consumers, they shall be informed about the termination of electricity supply and its duration preliminary, for at least 3 days. (This information is possible to be delivered to the consumer via different information sources). In case of violation of the given condition, termination of electricity supply shall be postponed correspondingly.
2. If the consumer during one month twice in succession deliberately does not permit the representative of Distribution licensee to an electricity meter, the Distribution licensee is authorized to terminate electricity supply to the consumer. Only an obvious interference in the activities of the representative of the Distribution licensee by the consumer is considered as the non–admission of the representative of Distribution licensee to an electricity meter by the consumer.
3. The consumer is entitled to decline the services of Distribution Licensee and it shall be informed to the relevant Distribution Licensee, prior, at least, 10 days. In such

case, the consumer is obliged to make final payment (This paragraph does not apply to the cases envisaged by Article 28 of these Rules).

1. Termination of service does not exempt the consumer from the obligation to cover the costs of consumed electricity.
2. In case the consumer moves to another address or/and the Distribution licensee terminates the service, the Distribution licensee is authorized to require or/and charge unpaid amount of money arisen from the final payment to the person responsible for payment (to an assigned responsible person for payment under Article 4 of these Rules) or transfer accrued debt to this consumer’s new address (In case the consumer moves to a different address in the area of this Distribution licensee).
3. If termination of electricity supply causes deterioration of a person’s life or health or incomparably big costs in respect of accrued debts and this becomes a known fact to the representative of the Distribution Licensee, he is obliged to consider this circumstance and determine the additional time-frame for the payment of accrued debt and termination of electricity supply (reasonable time-frame) that shall not be less than one month. In case of determination of the additional time frame the corresponding protocol shall be drawn up and handed over to the consumer under the terms defined in these Rules.
4. The rule defined under paragraph 6 of this Article also applies to the case of illegal consumption of the electricity. For the next period upon revealing such fact until the metering is reorganized the accrual of consumed electricity shall not be carried out as it is envisaged in case of illegal consumption of the electricity.

Article 15

Electricity Supply by Distribution Licensee to the Retail Consumer via Electricity Network owned by other person

1. The person, who is not the Distribution licensee but owns electricity network is obliged to endure using his own network and pass through electricity for the purpose of supplying other consumers with electricity under Civil Code of Georgia.
2. For enduring electricity pass through and network usage the compensation is issued according to the defined rule under Civil Code of Georgia.
3. The agreement between the Distribution licensee and the owner of the network shall not cause deterioration of electricity supply for a retail consumer including rising the price of electricity.
4. In case of utilizing the network owned by other person, the Distribution Licensee is not authorized to pay for electricity to the network owner more than it is set by the Commission for the service of electricity pass through in the section of distribution network of the same voltage and similar technical data.
5. Upon supplying electricity via branched network from a network belonged to a consumer (or consumers) to other consumers, metering point shall be organized on each consumer’s branch and individual meters shall be installed. In addition to

individual meters, metering point shall be organized and controlling electricity meter shall be installed up to the given branch (under the rule envisaged by these Rules).

1. In case of assignation of a part of real property from one person to another for a temporary use, registration of a temporary user (direct possessor) as a subscriber (upon request), is carried out under the conditions envisaged by these Rules, only after proper organization of individual metering point which will help the Distribution Licensee to determine individual consumption of electricity by this consumer (subscriber). In case envisaged by this paragraph, organization of electricity wiring and metering point of temporary user is not the obligation of the Distribution Licensee though the latter is obliged, in compliance with requirements of these Rules, to draw up an act about the inspection of electricity meter (metering point).
2. In case the consumer (subscriber) temporarily uses the part of a real property and if he receives electricity via owner’s electricity network that is then branched to different consumers (subscribers) of electricity network, consumed electricity by this consumer is purchased according to the controlling meter installed before branching. The abovementioned meter is a settlement meter and covers the costs of consumed electricity with the same tariffs as it is received/recorded in the electricity meter of the relevant voltage level from the distribution network. In this case the Distribution Licensee is obliged to:

a)           deliver service for each consumer under current legislation and conditions envisaged by these Rules;

b)         carry out the settlement individually with the consumer, issue a bill individually and charge him/her with the cost according to consumed electricity;

c)       to reallocate the difference between the controlling (settlement) meter and the sum of individual meters of each subscriber caused by technical loss in proportion with consumed electricity by the consumers;

d)        to examine the issue and express his position in case of dispute between consumers about accrual;

e)       Correct data on the basis of consumer’s controlling and individual meter readings if necessary under current legislation and conditions envisaged by these Rules;

f)          In case of non-payment of debts timely, to supply the electricity provided to terminate the electricity supply to that consumer who is charged with debt. The Distribution licensee may apply this subparagraph only in case if it is not possible to terminate electricity supply to the abovementioned consumer by the Distribution licensee.

1. If two or more consumers are located in one building whose individual metering is technically impossible or inappropriate, only in case of prior approval of the Commission, the Distribution licensee is authorized to record consumed electricity and carry out settlement via the meter recording total costs on the basis of written agreement with the abovementioned consumer. In such case the Distribution licensee is obliged to:

a)                   Submit timely the written agreement with the consumer to the Commission;

b)                  Register each consumer as a subscriber and deliver service on the basis of the written agreement with them and under these Rules;

Article 16

Open (Public) Information

1. Distribution licensee is obliged to make the following information accessible in the service centers:

a)      Types of available and planned services, discounts and benefits (if so);

b)       Distribution, pass through and consumption tariffs and related changes;

c)       Consumer data history and responses to their applications (this shall be accessible only to a given consumer);

d)        Report of last year (years) activities, as well as, work plan and investment program for the next year;

e)         Written records of termination of electricity supply and deviation (unsteadiness) from allowable standard of voltage, and other writings in register (journal) envisaged under these Rules;

f)         About low capacity power plants, with indication of estimated cost of electricity and contact details (on the basis of given information by the low capacity power plants);

g)       Other public information envisaged by the legislation.

1. Under this paragraph, electricity Distribution licensee is obliged to declare (dispose) information in available place (on the official page, as well) and at the same time information about other persons must be protected from disclosure; Submitted information must be updated in a shortest time-frame (not later than 5 working days) – with indication of time and date of last updating.
2. Distribution licensee is obliged to put those rules on the visible place in service centers, as well as all formal notes or documents, concerning issues of service and payments.

Article 17

Rule for drawing up an Act

1. Representatives of Distribution licensee are obliged to draw up a corresponding Act for the purpose of registering electricity meter installation, meter removal, violation by the

consumer of terms and obligations envisaged by these Rules or/and by agreement, termination and restoration of electricity supply or other fact (occasion). Moreover, drawing up an Act is not obligatory in case termination, for the reason of indebtedness and restoration of electricity supply.

1. Electricity distribution licensee gives registration number to the Act and records it in the relevant register (journal).
2. An act shall include:

a)          Circumstance that is the purpose to draw up an act;

b)          Date and place of drawing up an Act; Position, name and last name of draftsman; data on consumer; Other necessary information for case decision;

c)          An Act is signed by draftsman and consumer (if these Rules or/and current legislation envisage condition of presence of consumer); Moreover, an Act can be signed by witnesses if there are any;

d)          Different proofs, indication of violation and other facts can enclosed to an Act;

e)          If a person refuses to sign an Act a relevant record shall be done. The person, who refused to sign, has a right to enclose explanations and remarks, as well as, to give reasons for refusal on signing.

1. Upon revealing of violation of conditions and obligations envisaged by these Rules or/and agreement, an Act additionally should include:

a)    Violation fact, date and place;

b)     Name and address of witnesses or/and affected individuals, if any;

c)    Explanatory note (if requested);

d)     Installed capacity of consumer's own electricity installations (if necessary);

e)    Information about grounding (if needed);

f)     Whether violation was corrected on spot.

1. Additional notes are written in an Act about electricity meter (metering point) inspection:

a)       Type and number of electricity meter, reading at the inspection moment and constant of electricity meter;

b)       Numbers and condition of stamps;

c)      Data of current and voltage transformers;

d)       Number of disk rotations of electricity meter (number of impulses for electronic electricity meter) and corresponding time.

e)      Name of used electricity meter and serial number, validity of attesting, accuracy rating;

f)         In case of three-phase meter, additionally must be indicated results of measurement of primary and secondary current and voltage.

1. In case of installation or removal of electricity meter, in an Act additionally must be recorded:

a)      Technical characteristics, number and reading of electricity meter (meters);

b)       Number of stamp;

c)      Explanation of removal or/and installation of electricity meter;

d)       Name of laboratory where inspection will be held (in case of removal of electricity meter).

1. If due to other circumstances, removal of consumer's electricity meter is needed, it must be placed in a separate package and sealed. If needed, electricity meter shall be sent for inspection in a corresponding laboratory, upon request of consumer. Distribution licensee implements sending electricity meter with an Act to a laboratory.
2. In case the consumer does not attend a drawing up of an Act on illegal consumption of electricity or denies signing it, an Act shall be sent to the consumer via insured letter.
3. Upon accounting of received and consumed electricity via two or more electricity meters, an Act must be drawn up in accordance with electricity meter on corresponding feed source of electricity supply.
4. Representatives of administration body or institution may attend the drawing up an Act and it must be confirmed by their signatures.
5. An Act shall be drawn up in two copies. One copy is given to consumer and the second to the Distribution licensee. In case of removal of electricity meter, an Act shall be drawn up in three copies. The third copy with electricity meter will be sent in the laboratory.
6. It is prohibited to execute any activities under Act, if it is drawn up with violation of conditions or/and procedures envisaged by these Rules.
7. From the date of drawing up an Act, the Distribution licensee is obliged to keep a formal note and removed electricity meter, for the reason of technical failure, at least during one

year (except for the cases, when the electricity meter after repairing was installed to the same consumer).

Article 18

Relations between a low capacity power plant and a retail consumer

1. Retail consumer is entitled to purchase electricity from the Distribution licensee, as well as, from the low capacity power plant, on the basis of Power Purchase Agreement drawn up under corresponding rule.
2. Low capacity power plant is obliged to pass a copy of Power Purchase Agreement with a retail consumer to a respective Distribution licensee and provide electricity supply to a retail consumer in a time-frame envisaged in the agreement.
   1. In a feasible short term, Distribution licensee is obliged to set an initial date of electricity supply from low capacity power plant to retail consumer and provide implementation of Power Purchase Agreement, in accordance with conditions of these Rules.
   2. Low-capacity power plant is entitled to deny signing of Power Purchase Agreement, if it is obviously impossible to carry out service for the consumer due to technical or other reasonable condition.
   3. Purchasing electricity by a retail consumer from a low-capacity power plant does not exempt the Distribution licensee from any other obligation or liability envisaged by these Rules; the Distribution licensee is obliged to execute services for a retail consumer of distribution network and electricity meter (metering point), electricity pass through, electricity supply, termination or renovation of supply, as well as, charge and cover of price of consumed electricity and service, with the same conditions and procedures, as in the case of electricity distribution for a retail consumer.
   4. Responsibility for payment of cost of electricity charged to a retail consumer under these Rules lies on a low-capacity power plant, and responsibilities for accounting of consumed electricity, writing a bill and its delivery to a retail consumer are within bounds of Distribution licensee – a possessor of a respective distribution network. This condition does not apply when agreement between Distribution licensee and a low-capacity power plant envisage other conditions.
   5. Payment of consumed electricity cost by a retail customer, envisaged by Power Purchase Agreement, implies fulfillment of all those obligations from a retail consumer that was carried out for supplying this consumer with electricity, under current legislation, these Rules and the Agreement; It is not permitted to charge retail consumer with any other one-time payment for electricity purchasing and supply, except electricity consumption

price, set by Power Purchase Agreement and Article 19 of these Rules. All other individual payments (for electricity meter, correction, illegal consumption and other one- time payments) shall be reflected in consumer’s bill separately under these Rules.

1. Upon payment of consumed electricity price by a retail consumer, a low-capacity power plant is obliged to fulfill all obligations for providing the retail consumer with electricity under current legislation and these Rules.
2. Upon purchasing electricity from a low-capacity power plant by a retail customer, a bill instead of consumer’s tariff indicates consumption price of electricity (under agreement) and payment, charged for the consumer, with shared and total indicators for a low- capacity power plant and Distribution licensee.

10. In case of purchasing of electricity from a low-capacity power plant under these Rules, the retail consumer shall pay in a bank account indicated in the bill.

11. For supplying a retail consumer with electricity, a low-capacity power plant is obliged to have a corresponding agreements on services of dispatching, transmission or/and pass through of electricity, in accordance with these Rules and current legislation.

Article 19

Power Purchase Agreement between a low-capacity power plant and a retail consumer

1. Under the Power Purchase Agreement between a low-capacity power plant and retail consumer electricity consumption price includes cost of power generation and all those services (transmission, distribution, pass through, provide the system reserve and other) that are needed for permanent and stable supply of retail consumer with electricity, under current legislation and conditions of these Rules.
2. In case of purchasing of electricity by a retail customer from a low-capacity power plant, it is prohibited to terminate electricity supply to a retail customer, whether supplied amount and capacity from a low-capacity power plant to a retail customer, are proper or not. Moreover, payments by a low-capacity power plant of price of executed services and expenses for supplying retail consumer with electricity are relative to actual expenses for supplying retail consumers with electricity.

Article 20

Execution of Power Purchase Agreement between a low-capacity power plant and retail consumer

1. For the purpose of execution of Power Purchase Agreement between a low-capacity power plant and retail consumer, agreement must be passed to the Distribution licensee, who passes through the electricity, fills actual consumption or/and provides system reserve.
2. Along with Power Purchase Agreement between a low-capacity power plant and retail consumer, a low-capacity power plant shall provide the corresponding Distribution licensee with the following documentation:

a)      Name of retail consumer and address, where electricity should be supplied;

b)        Requested capacity for the consumer; in case of non-household consumer, time schedule of annual, monthly, daily and one-hour forecasting supply and consumption of electricity.

c)      Agreements about dispatch and, if needed, about transmission;

d)       Conditions of providing retail consumer with system reserve capacity.

1. The Distribution licensee, except for the case envisaged by Paragraph 6 of the given Article, in accordance with concrete Power Purchase Agreement, is obliged to deny pass through of electricity and relevant service, if:

a)          Under the Power Purchase Agreement the time-frame for beginning of electricity purchasing is obviously inconsistent with these Rules;

b)       Conditions of providing retail consumer with system reserve capacity are not specified;

c)         Date of supply and expected capacities of electricity is not defined by a low-capacity power plant;

d)        Corresponding agreements on electricity dispatch and, if needed, service of transmission, are not registered by a low-capacity power plant.

1. After receiving Power Purchase Agreement between retail customer and a low-capacity power plant, the Distribution licensee is obliged to determine an exact date of beginning of electricity supply from a low-capacity power plant to a corresponding retail consumer in a time-frame of 5 days. Date of beginning of electricity supply shall not exceed 40 calendar days from receiving of the agreement (if the electricity purchasing agreement between a low-capacity power plant and retail consumer does not envisage more late date of beginning

of electricity supply). The Distribution licensee is obliged to notify parties about exact date of beginning of electricity supply, as soon as defined.

1. On the base of Power Purchase Agreement, a date of beginning of electricity supply from a low-capacity power plant to a respective retail consumer must be a date of beginning of a calendar month.
2. If retail consumer is supplied with electricity directly from a low-capacity power plant, low-capacity power plant is obliged to record, along with the electricity, generated by him and delivered to bus-bar, data on electricity consumption by a retail consumer and present them as required.
3. If a low-capacity power plant supplies a retail consumer with electricity without participation of Transmission and Distribution licensees or it is technically impossible to supply consumer via Transmission or Distribution licensees, Power Purchase Agreement, between a low-capacity power plant and retail customer, does not require to be handed over to Distribution licensee and to be provided the system reserve by Distribution licensee. Distribution licensee cannot be charged with any liabilities in connection with electricity supply of retail consumer, envisaged by this Paragraph.

Article 21

Relations between a low-capacity power plant and Distribution licensee

1. In case of purchasing of electricity by a retail consumer from a low-capacity power plant, in accordance with consumptions of a retail consumer, the Distribution licensee reserves (creates) system reserve under conditions of current legislation; Low-capacity power plant is obliged to cover expenses for providing of system reserve for the retail consumer.
2. Distribution licensee (with consideration of interests of a low-capacity power plant) is obliged to draw an agreement with a bank and under this agreement a sum paid by a retail consumer (to an account indicated in check) will be transferred to the accounts of a low- capacity power plant and distribution licensee, simultaneously in accordance with their shares. A low-capacity power plant and the Distribution licensee can agree on other method of mutual settlement.
3. If the retail consumer does not cover cost of purchased electricity or/and service in indicated date in the bill, the Distribution licensee, in connection with the retail

customer, is liable to act in accordance with conditions of these Rules for similar cases of electricity distribution (provides the termination of electricity supply for this customer, as well). Moreover, after 10 days from consumer’s failing to cover the debt on due time indicated in the bill, the Distribution licensee notifies a low-capacity power plant and determines a reasonable time-frame for covering indebtedness. If indebtedness is not covered after expiration of the time-frame, the Distribution licensee is liable to request bank guarantee from a low-capacity power plant for securing future payments for electricity or/and pass through service.

1. If a low-capacity power plant does not cover the cost of electricity pass- through or/and indebtedness of a corresponding retail consumer or cannot submit financial guarantee required by the Distribution licensee, upon notification of parties the Distribution licensee is entitled to keep out the low-capacity power plant from distribution network, unless mentioned conditions are not met. In this case, the Distribution licensee is obliged to offer distribution service to a corresponding consumer of a low-capacity power plant, under conditions of these Rules.

Article 22

Agreement on electricity pass through for a retail consumer via distribution network

1. Upon request, the Distribution licensee is obliged to draw up an agreement with a low capacity power plant about pass through of electricity for a retail consumer, which is valid until other decision by parties is not received.
2. For the purpose of drawing up an agreement about pass-through, a low capacity power plant shall apply to the Distribution licensee with corresponding application.
3. Application about electricity pass through must include:

a)      Details of applicant (low capacity power plant);

b)        Name, address and bank details of legal person or individual entrepreneur (as well as, other form of legal entity), responsible for payment of cost of electricity pass through;

c)       In accordance with current legislation and these Rules, consent of a low-capacity power plant on payment of costs arisen from electricity pass through and service of supplying of retail consumer with electricity.

d)       Location and title of the Distribution licensee’s electricity delivery points;

e)          Schedule of annual, monthly, daily and hourly forecasting supply of electricity to delivery points, with indication of conditions, sources and corresponding capacities to balance actual supply and consumption of electricity.

1. Data given in Subparagraph “e” of Paragraph 3 of the given Article depends on the Power Purchase Agreement signed by respective low-capacity power plant and retail consumer, and electricity consumption capacities of retail consumer (consumers). Change of mentioned data does not require changing in electricity pass-through application or in pass-through agreement.
2. Not later than 4 working days from receiving of application on electricity passing- through, the Distribution licensee is obliged to draw up the agreement on electricity passing-through with low-capacity power plant.
3. After submitting a filled application to the Distribution licensee in accordance with this Article, conditions requested under the application will be included in electricity pass- through agreement.
4. Despite of disagreement on electricity pass-through individual or/and unforeseen conditions envisaged by these Rules, the Distribution licensee is obliged, after expiration of 5 working days from submitting of application and on the base of conditions in the application, presented in compliance with Paragraph 4 of this Article, to carry out pass- through of electricity and in compliance with conditions and procedures of these Rules and ensure fulfillment of electricity pass-through agreement between a low-capacity power plant and a retail consumer.
5. Electricity pass-through agreement must envisage terms to balance an actual supply and consumption of electricity, among them, terms to prevent results arisen from non- delivery of appropriate capacity of electricity by a low-capacity power plant and other negative circumstances, as well as, conditions of activities under circumstances, which possibly result in forced limitation of consumers in electricity distributing system.
6. Distribution licensee has no right to refuse electricity pass-through via his private grid, except cases, when denial is justified by non-payment of pass-through fees.
7. In accordance with a tariff for the service, adopted by the Commission, the Distribution licensee receives compensation for electricity passing-through, respectively to actual amount of passed-through electricity via his private grid.

Article 23

Reimbursement of the fee for consumed electricity and service to low capacity power plant by a retail consumer

1. Under current legislation and these Rules, a low capacity power plant is obliged to fulfill all obligations to ensure a stable supply of electricity for a retail consumer.
2. Under these Rules and the agreement, in case of non-delivery of electricity, envisaged by Power Purchase Agreement, a low-capacity power plant is obliged to compensate incurred costs to the Distribution licensee for supplying retail customer with electricity.
3. If the pass-through electricity agreement does not envisage other terms, settlement between a low-capacity power plant and the Distribution licensee will be as follows:

a)          When at the end of the reporting period it turns out that electricity owned by the Distribution licensee was consumed, the Distribution licensee has a right to require to compensate the damage from a low-capacity power plant (if any), as well as, electricity, consumed by a retail consumer, by a consumer tariff.

b)          When at the end of the reporting period it turns out that electricity consumed (received) by a retail consumer is less that electricity received by the Distribution licensee for supplying retail consumer, the Distribution licensee is obliged to pay to a low-capacity power plant a cost of electricity that was not supplied to the retail consumer under Power Purchase Agreement with the price arisen from the difference between electricity consumption price and pass through service price.

1. In case electricity pass through tariff does not envisage normative losses in electricity distribution grid, the Distribution licensee fills (compensates) extra-normative losses. In case electricity pass-through tariff includes compensation of electricity normative losses, the Distribution licensee is obliged to refill actual loss of received electricity in delivery point and in distribution pass through network.

Article 24

Purchasing electricity on the bus bar of small capacity power plant by a retail consumer

1. In case of purchasing electricity on the bus bar of low-capacity power plant by a retail consumer for ensuring the purposes under these Rules, while passing through and supplying electricity the same requirements and obligations that are envisaged in case of electricity supply to retail consumers by low capacity power plant apply to the abovementioned retail consumers.
2. In case of purchasing electricity on the bus bar of low-capacity power plant, the retail consumer is obliged to provide execution of an agreement or a contract for supplying electricity under the legislation.

Article 25

Electricity supply by the retail consumer in the distribution network

1. The retail consumer is authorized to connect his own low-capacity power plant (the design capacity of which does not exceed 100 kW) to the Distribution licensee free of charge and carry out supply of electricity produced by him under current legislation and defined terms under these Rules. The Distribution licensee is obliged to support the connection to the distribution network of any power plant and communicate with electricity producers under the legislation and defined terms under these Rules.
2. The retail consumer who owns a low-capacity power plant the design capacity of which does not exceed 100 kW is authorized to request the offset of electricity cost produced and supplied in the Distribution licensee’s network by him (after charging the retail consumer by the Distribution licensee under relevant rule) from the electricity cost received (consumed) from the distribution network, or/and refund the paid amount during the next settlement.
3. The distribution licensee is obliged to consider the amount of electricity produced and supplied by the retail consumer in the distribution licensee network while settlement with the retail consumer, in the settlement bill, together with the cost of consumed electricity by the retail consumer in the corresponding settlement period, the information about obligation fulfillment shall be indicated.
4. In case of electricity production and supply in the distribution network by the retail consumer, the relationship is carried out under these Rules and the agreement between the Distribution licensee and the retail consumer.
5. If no other condition is agreed between the Distribution licensee and the retail consumer, the obligations while settlement shall be fulfilled as follows:

The offset of the cost of the electricity supplied in the distribution network shall be carried out from the electricity cost received (consumed) from the Distribution licensee network; electricity cost supplied in the distribution network by the retail consumer equals the difference between the price of electricity received (consumed) from the distribution network by him and electricity distribution tariffs.

1. The Distribution licensee is not required to provide the connection of low-capacity power plant to the distribution network, purchase technical equipment necessary for the connection and carry out construction and maintenance works (including purchasing and installing reversible counter). In addition, he is obliged to develop and issue Technical Condition for connection of a low-capacity power plant to the distribution network the design capacity of which does not exceed 100 kW. While

developing the above mentioned Technical Condition, the Distribution licensee is obliged to define the connection point and other requirements necessary for this connection so that its performance shall be connected to possible small costs (considering factual circumstances).

Article 26

Connection of a new consumer to the distribution network

1. While connecting a new consumer (electrical network of a new consumer) to the distribution network, the connection fee is paid only in the cases directly envisaged under these Rules. Payment for connecting is a one-time payment. Moreover, parties can agree on advance cover and phased payment of the connection fee.
2. The person wishing to connect (applicant) is obliged to address a corresponding Distribution licensee on connection request to the distribution network (in electronic or written form).
3. Rules and requirements for the connection of new consumers to the distribution network (Articles 26 and 261) apply only to the connection of the residential apartment, enterprises, or other facilities to the distribution network that are not connected to the distribution network and they were not supplied with electricity according to the conditions under the legislation. Also, when real estate is separated (separation of a subscriber) and there is a registration request from a separated property owner as a subscriber (non-household consumer).
4. Requirements for the connection of new consumers to the distribution network (Articles 26 and 261of these Rules) do not apply to supply residential apartments, enterprises or other facilities with electricity with already issued Technical Condition and is (or was) supplied with electricity under current legislation (Except the case envisaged by 2nd sentence of Paragraph 3 of this Article).
5. The change of legal form of the consumer, or his/her real estate, or the owner on the part of the property (except for the request of the owner of the separated property to register as a subscriber –non-household consumer) is not the basis for the consumers (or new consumers) to pay the connection fee to the distribution network or change it. In addition, temporary connection to the distribution network for supplying seasonal (not more than 6 month during the calendar year) facilities with electricity of 0.4 kV voltage and not more than 30kW capacity and also for supplying construction works and electrical installations

and facilities used for this purpose and the case of providing the existing consumer (subscriber) with alternative (back-up) power is not the reason for paying the connection fee.

1. 1 If real estate is separated (separation of a subscriber) and there is a registration request from the separated property owner as a subscriber – non-household consumer- the Distribution licensee is authorized to charge a new consumer only with incurred costs on organizing the metering point but not more than 100 GEL including VAT (including the costs of purchasing and organizing a new meter and other equipment).
2. The fee for connecting a new consumer to 0.4 kV (380/220 V) ssand 6/10 kV voltage distribution network is determined according to the connection capacity with offered packages (Annex #4).
3. Distribution licensee is obliged upon receiving application about connection of a new consumer (electrical network of a new consumer) to 0.4 kV(380/220 V) and 6/10 kV voltage distribution network to start reviewing the application and carry out necessary activities for providing requested connection.
4. Activities for connecting of a new consumer (electrical network of a new consumer) to 0.4 kV. (380/220V) and 6/10 kV distribution network can be carried out only by the Distribution licensee who provides with all work and expenses necessary to connect the new consumer (electrical network of a new consumer) to his own area, including construction of distribution network, purchasing equipment, design and construction of connection, getting consent or authorization and all necessary activities and work (including organizing a metering point and the beginning of electricity supply) related to the connection of the new consumer to the distribution network and electricity supply.
5. It is not allowed for the person wishing to connect (applicant) to purchase necessary facilities for the connection or/and carry out works for requested connection on the distribution network or take part in getting any kind of consent or authorization. The person wishing to connect (applicant) is not obliged to submit any additional documentation or information (except the information given in the application), or attend the beginning of the electricity supply. In the process of connecting a new consumer to the distribution network, the Distribution licensee is obliged to have relation with the person wishing to connect (applicant) only through one authorized person.

10. After paying the part of connection fee of a new consumer to the distribution network, the Distribution licensee is obliged to carry out connection works (with full technological cycle) of a new consumer (or consumers) to 0,220kV, 0,380kV and 6/10kV voltage distribution network:

a)         In those territorial boundaries (cities, small towns and villages) where he carries out electricity distribution activities;

b)       From existing distribution network;

b. a) In case of new consumer of 0.4. kV voltage - 800 m in radius;

b. b) In case of new consumer of 6/10 kV voltage - 6 km in radius.

1. The connection of a new consumer shall be carried out according to the required conditions by the person wishing to connect (applicant). The person wishing to connect (a new consumer) is authorized to choose (request by application):

a)             Metering point voltage level, on which metering point  shall  be  arranged  (except for the cases envisaged by Paragraph 9 of Article 261 of these Rules);

b)        Connection Capacity on the corresponding voltage level, where metering point shall be arranged in accordance with the offered package.

1. If after construction of residential apartments, enterprises or other facilities, three or more new consumers (new consumer's electrical network) are connected to the distribution network, the amount of connection fee (based on offered package) shall be determined in compliance with the amount of capacity to be connected defined (set) by a construction and design documentation of this facility(facilities).
2. After connecting a residential apartment, enterprise or other facility to the distribution network and registering those consumers as a subscriber, the Distribution licensee is obliged to deliver service to these consumers (subscribers) in compliance with terms established by the Commission, and to carry out accounting and settlement of consumed electricity individually.
3. A new consumer connected to the distribution network is not required to submit a special application for registering as a subscriber and repeatedly carry out activities envisaged by Article 4 of these Rules.

Article 261

Procedures for the Connection of new Consumers to the Distribution Network

1. In case of construction of the residential apartment, the enterprise or other object, as well as the separation of the property (subscriber), when new consumer is connected to the

distribution network (according to the Paragraphs 3, 4 and 5 of Article 26), the person (or group of persons)should submit the application “For the Connection of the New Consumer to the Distribution Network” to the Distribution licensee (in electronic or written form).If the requested connection does not comply with the definition of the connection of new consumer defined in these Rules, its review is prohibited according to the Articles 26 and 261 and the Distribution licensee is obliged to refund the applicant with preliminary paid connection fee within 10 days.

1. Before submission of the application the person wishing to connect (applicant) is obliged to pay 50 % of the fee outlined in the application for the connection of new consumer to the distribution network and the rest shall be paid (if parties has not agreed otherwise) after starting of the electricity supply:
2. household consumer – within 20 days;
3. non-household consumer – within 20 days.
4. Upon receiving the application for connecting to a distribution network of a new consumer (new consumer’s electricity network), the Distribution licensee takes obligation to provide a new applicant with necessary service and devices for electricity supply (with full technological cycle), in compliance with conditions, envisaged by these Rules and current legislation. While connecting to the distribution network the new applicant takes obligation to pay a fee for the connection of new consumer to the distribution network and follow the terms envisaged by the current legislation and these Rules.
5. The person wishing to connect (applicant) is obliged to make an inquiry (with standard template approved by the Commission) for new connection to the relevant Distribution licensee in electronic or written form. In addition, the Distribution licensee is obliged to determine the completeness of the application and the inquiry described in it and immediately reply to the consumer via SMS, as well as electronic or written form envisaged in the application (in the case of a defect refusal must be justified). Otherwise, the application will be accepted.
6. The Distribution licensee is authorized to determine the defect in the application for the connection of new consumer to the distribution network (only in cases envisaged in these Rules) and leave it without examination. The reason for the determination of defect or leaving it without examination can be: application is not complete or/and it is submitted with error (including, if the application is not filled in accordance with the standard template approved by the Commission); in this case the requested connection will be carried out after submission of the new application.
7. In case if error was detected in the application of the inquiry for the connection of new consumer to the distribution network the Distribution licensee is obliged to pay back to the applicant the fee for the connection of new consumer within 10 working days (on the account envisaged in the application). The person wishing to connect (applicant) is authorized to request deferral (delay) of the amount paid (with electronic or written form) with the condition to submit a new application.
8. The period for providing the network connection of new consumer to the 0.4 kV (380/220

V) and 6/10 kV includes the time from submitting the application “For the Connection of the New Consumer to the Distribution Network” until starting of the electricity supply (according to the application and these Rules) for new consumer (consumers).In addition, during determination of the abovementioned period the time of delay for issuing consent or authorization from administrative body is not considered (without which the design, construction and / or installation activities is prohibited). In case of abovementioned situation the Distribution licensee shall immediately notify the applicant via SMS, or other means envisaged in the application (in electronic or written form) in order to stop the time flow envisaged for the connection. The time flow will not be stopped if non-issuance of the consent or authorization is due to incorrect (not corresponding) activity or inactivity of the Distribution licensee.

1. If providing the connection of new consumer to distribution network is not finished in provisional time (electricity supply is not started in time) the connection fee of new consumer is decreased by 50 %. In case if application of person wishing to connect (applicant) “For the Connection of the New Consumer to the Distribution Network” is left without response by the Distribution Licensee, 50 % discounted fee may be applied (in this case resolution is received by the Commission after relevant request of the applicant). Accordingly, if a person already has paid fee for the connection of new consumer the Distribution licensee shall refund the overpaid amount to the applicant within 10 working days after this circumstance occurred.

81. If providing the connection of new consumer to distribution network is not finished in provisional time (electricity supply is not started in time) the Commission is authorized to use the measures envisaged by the legislation.

1. If the connection of new consumer is requested for the 6/19 kV with connection capacity less than 500 kW or technical conditions is requested for the connection of 35/110 kV with connection capacity less than 5000 kW, then this type of connection may be carried out only if there is a technical necessity on new consumer and if it is obviously impossible to organize metering point in a lower voltage level.
2. If connection of new consumer or consumers (network of new consumer or consumers) to the distribution network is requested for 35 kV or more, or if such kind of connection where fee for the connection of new consumer is not applied, organization of electricity supply system or/and construction of the connection to the existed electricity distribution network for this object shall be carried out according to the mutual agreement between the Distribution licensee and the person wishing to connect (applicant) ; in case of disagreement the applicant provides all necessary activities for design and construction (by itself or by another construction company). Despite of disagreement the Distribution licensee is obliged to issue Technical Condition for the connection to the distribution network free of charge within 2 weeks after receiving of the application. Unilaterally change of the Technical Condition within its period of validity (no less than one year) is prohibited. Technical Condition along with other information should include the following information:
3. Connection point;
4. Connection voltage level;
5. Connection capacity (according to the project).
6. In case of connection of 35 kV or more voltage level new consumer or consumers (network of new consumer or consumers), as well as in case the connection where fee for the connection of new consumer is not applied, the Distribution licensee is obliged:
7. to determine the connection point to the distribution network according to the relevant voltage level of existing distribution network while reviewing the application “For the Connection of the New Consumer (electricity network of new consumer) to the Distribution Network”;
8. while preparing the Technical Condition for the existing distribution network, to determine the connection point and other requirements for the connection according to the application depending on the technical feasibility in such way that connection to the distribution network shall be based on the least cost principle;
9. Despite the fact who is organizing the electricity supply system of the new consumer or consumers or/and construction of the connection to the existing electricity distribution network the metering point shall be organized according to the condition envisaged in the written requirement of the Distribution licensee;
10. 12. In case if connection fee of the distribution network is not paid in provisional time and if agreement occurred between the Distribution licensee and consumer about redistribution of the connection fee, the Distribution licensee is authorized to reflect the payment in the debt and act according to the Article 9 of these Rules.

Article 27

Increasing the connection capacity on the distribution network by the consumer

1. Consumer is obliged to notify to the Distribution licensee preliminary about increasing the connection capacity on the distribution network.
2. If consumer, who is connected to the distribution network of 0,4 kV (380/220 V) and 6/10 kV voltage capacity, increases the capacity of actual consumption by more connection capacity than it is envisaged under Technical Condition, so that change of Technical condition is needed, in such case the Distribution licensee shall issue a new Technical Condition and arrange electricity supply system to this consumer (Providing with a full technological cycle) according to new Technical Conditions. In addition, the consumer is obliged to pay the fee which is calculated as follows:

a)       If increased (requested) capacity changes in the other offered package of the connection to the distribution network, the consumer shall pay the fee for the connection of new consumer to the distribution network according to the relevant package, from which is subtracted the fee for the connection of new consumer based on the offered package that complies with connection capacity under existing Technical Condition.

b)       If increased (or requested) capacity does not exceed the offered package for the connection of new consumer to the distribution network that complies with connection capacity under existing Technical Condition:

b.a)          For providing with requested capacity the Distribution licensee shall reconstruct electrical network connecting to the consumer and the metering point, or/and purchase other facilities, construct and install and the consumer shall pay the fee for the connection of new consumer to the distribution network that is calculated according to the each kW through dividing the connection fee of offered package by the maximal capacity and multiplying by additional requested kW by the consumer;

b.b)              If requested capacity does not require reconstruction of electricity network (which provides connection to the consumer) and metering point or/and purchase, construction and installation of other utilities, the consumer shall not pay electricity network connection fee (accordingly, new Technical Condition is issued by the Distribution licensee free of charge).

1. If consumer increases the capacity of actual consumption by more connection capacity than it is envisaged under Technical Condition so that supply of requested or actually consumed capacity requires reconstruction of the electricity network or metering point or/and purchase, construction and installation of other utilities, in such case for supplying the consumer with electricity it is required issuance of Technical Condition once again and the consumers shall meet new Technical Conditions of the connection.

1. Increase of electricity consumption capacity is attested by the use of same method with which was defined the consumer’s connection capacity while developing a Technical Condition of distribution network connection.

Article 28 Termination of the contract

1. Parties in Power Purchase Agreement (except for the Distribution licensee) are entitled to terminate Power Purchase Agreement for the purpose of purchasing electricity from other party under these Rules and demands of current legislation. Electricity buyer is entitled to terminate Power Purchase Agreement, upon notifying corresponding party (parties) prior one month at least.
2. Electricity seller, upon receiving a request from a corresponding party on termination of Power Purchase Agreement, is obliged to determine the date of termination of his service (in agreement with the Distribution licensee), which shall not exceed one calendar month, and inform thereof other parties of agreement, as well as, electricity Distribution licensee.
3. Termination of Power Purchase Agreement or/and rendering of service, does not exempt parties from payments for delivered services or/and consumed electricity.

Article 29

Price for restoring of electricity supply to the consumer

1. The Distribution licensee is entitled to charge electricity supply restoring payment with the consumer who is disconnected from the network because of nonpayment of electricity cost, illegal consumption of electricity or/and violation of safety regulations.
2. Electricity supply restoring payment does not reflect an exact cost of termination and restoration of electricity supply for different consumers and its amount is calculated according to the conventionally assumed costs by the Distribution licensee. Electricity supply restoration payment paid by the consumer represents the income of the Distribution licensee and the income received will be taken into account while calculating distribution and transmission tariffs.
3. Price of restoration of electricity supply to the consumers including VAT is determined at the level of GEL 2.
4. Charge of electricity supply restoration payment is impermissible, if termination of electricity supply was not resulted from the circumstances defined in Paragraph 1 of this Article. If electricity supply to the consumer was terminated illegally or/and due to other factors, payment was incorrectly charged, the Distribution licensee is obliged to correct data without delay, re-calculate and restore electricity supply to the consumer free of charge.

Article 30

Non-Household consumers

1. These Rules apply equally household as well as non-household consumers, except for the cases envisaged by this Article.
2. In the application submitted by a non-household consumer for registering as a subscriber and, correspondingly, the agreement, additionally shall indicate requested capacity of electricity and forecasted amounts.
3. Upon temporarily use of a real property by a non-household consumer and supplying with electricity via network of an owner of the real property, the Distribution licensee is entitled to request contract in writing about the compensation of difference between controlling and individual meters. The Distribution licensee is entitled to receive (consider) given contract, if it does not contradict with the terms envisaged by these Rules.
4. Electricity meter shall be accessible for the Distribution licensee in the period of working of non-household consumers and upon any case of emergency - at any time.
5. If for a certain period of time recording of consumed electricity (with electricity meter) was not held or/and for this period of time the determination of electricity consumption by a non-household consumer is impossible (in case of damage of electricity meter), for unrecorded consumption of electricity, non-household consumer will be charged with the payment equal to an average monthly consumption of electricity during 3 months of consumption, when electricity accounting was held properly (with consideration of operating regime and practicable load conditions of using utilities and seasonality). This is a one-time charge method and shall not exceed three months. This paragraph does not apply to an illegal consumption envisaged by these Rules.
   1. In case of illegal consumption of electricity by a non-household consumer:

a)         when it is impossible to define the amount of illegal consumed electricity within a calendar day, but the initial date of illegal consumption of electricity is known, the amount of consumed electricity will be calculated according to maximum operating power during violation period, with consideration of operating regime and practicable load conditions of using utilities and seasonality.

b)       when it is impossible to define the initial date of illegal consumption of electricity and the amount of illegal consumed electricity within a calendar day, the amount of consumed electricity will be calculated according to maximum operating power within one month period, based on operating regime and practicable load conditions of using utilities (with consideration of seasonality). The amount of electricity charged by this method shall not be less than average monthly amount of electricity consumption by this consumer in a proper accounting period.

c)       Maximum operating power shall be measured in conditions of maximum consumption of a normal process cycle or by summarizing of installed capacities of electrical installations in working condition.

1. The authorized representative of the Distribution licensee is responsible for the restoration of electricity supply.

Article 31 Reporting

1. The Distribution licensee is obliged to account separately:

a)       The income, received from the payment of connecting a new consumer to the distribution network;

b)         cost of all works and services related to connecting a new consumer to the distribution network, as well as, newly created property (with indication of financial and technical data and parameters), in accordance with new consumers separately (voltage and requested capacity) and consolidated;

c)         Amount of distributed and passed through electricity due to the connection of a new consumers to the distribution network and incomes and expenses connected with them.

1. The Distribution licensee is obliged to submit to the Commission Financial Report and also separate Financial and Technical Report requested by the given Article that shall be confirmed with audit report until April 1 of each year. Also, every three months the Distribution licensee shall present to the Commission operative data on implementation works for connecting new consumers to the distribution network.
2. The Distribution licensee is obliged to present to the Commission Unified register of supply and service for a past period (in accordance with the form developed by the Commission), in a time-frame of one week from the end of every three months (quarter). In case of electronic form, under these Rules, Unified register of electricity supply and service shall be presented to the Commission until the end of every month (in accordance with the form developed by the Commission, which must be confirmed by the Distribution licensee and its electronic version).
3. The Distribution licensee is obliged, in the time-frame of one month, after these Rules enter into force to adjust all agreements in accordance with these Rules.
4. For the purposes of these Rules, scheduled inspection period for individual electricity meters, which were installed before these Rules entered into force, will be determined by passport data-recordings of corresponding electricity meter.
5. If the consumer possesses high-voltage transformer and metering point is organized on the side of low-capacity, the payment, before organizing the metering point on a high- voltage side, shall be executed through metering point organized on the side of low-capacity (before January 1 of 2009). In such case, losses in the consumer’s transformer and in his transmission facilities shall be added to the amount of accounted electricity. Moreover, the Distribution licensees are obliged to provide shifting of metering point to a high-voltage side, on the segment of electricity network, where the high-voltage transformer is in the ownership of the consumer connected to a distribution network.
6. The conditions for connecting a new consumer to a distribution network, envisaged by these Rules, do not apply to the cases when agreement about connecting was signed between a new consumer and the Distribution licensee or Technical Conditions about connecting a new consumer to his network, have been issued by distribution license-holder before these Rules enter into force.
7. JSC “ENERGO-PRO GEORGIA” is obliged to provide installation of consumers’ individual metering systems (individual metering points), in accordance with these Rules and the plan adopted by the Commission (the plan represents the part of an investment program). JSC “ENERGO-PRO GEORGIA” is obliged in the time-frame of three months after these Rules enter into force to present a plan of arrangement of individual metering systems to the Commission.

Article 32 Transitional Provisions

ANNEX #1 POWER PURCHASE AGREEMENT N               

Title of electricity seller                                                          ;

Representative of electricity seller                                                                                                                                 ; (Position, name, surname)

Electricity buyer (consumer)                                                                                                                                      ; (Individual person/legal person)

Address                                                      ; Tel:                                                        ;

Identification number                                                                                                                                             ; (In case of legal person or Individual Entrepreneur or other legal entity)

Electricity consumption price for buyer (consumer)              kilowatt-hour. (Only in case of purchasing electricity from low-capacity power plant)

Date of electricity supply commencement                                                                       ;

Address where electricity shall be supplied                                                                          ; Owner of a distribution network

Title of Distribution Licensee                              ; Requested capacity                                       ;

Parties agreed to undertake obligation about providing mutual relations in compliance with Georgian legislation and “Electricity (Capacity) Supply and Consumption Rules”.

Electricity buyer (consumer) is obliged to make settlement for consumed electricity:

In case of purchasing of electricity from a low-capacity power plant – at the electricity consumption price, envisaged by the agreement.

In case of purchasing of electricity from a distribution licensee – at the tariff approved by the Georgian National Energy and Water Supply Regulatory Commission.

Electricity buyer (consumer) is obliged to purchase and consume electricity only for

                               (household or non-household) purposes.

Seller is obliged to ensure safe, uninterrupted, reliable and high quality electricity supply, in accordance with the legislation, terms of license and responsibilities under the agreement.

Electricity buyer (consumer) is obliged to pay electricity price in time.

Seller is obliged to require from electricity buyer (consumer) to cover cost of electricity after determining the payment term and reflecting the monthly payment in the bill.

Signature of electricity buyer (consumer):                                                                   

Signature of electricity seller:                                          “      “                           200_

Remark: In case of non-household consumer, agreement can be attached with time schedule of annual, monthly, daily and hourly forecasts of electricity supply and consumption.

ANNEX # 3

Potential capacity for the consumer's receivers and hourly computing table of these capacities

Remark: If passport data of electricity passport is unknown, we can use installed capacity, which is shown in table.

ANNEX #4

Fee for the connection new consumer to the distribution network on the 0,220 kV, 0,380 kV and 6/10 kV voltage levels

1. Proposed packages for calculating of Fee for the connection new consumer to connect distribution network by 0,220 kV, 0,380 kV and 6/10 kV:

a)        In case of connecting new consumer (to start the electricity supply in defined time) to distribution network in defined period of time:

b)        If connection of new consumer to distribution network take longer time than it is defined in these Rules (not to start the electricity supply in defined time), consumer will pay 50% of fee (according to the proposed packages).

1. If construction of the network for requested connection to the distribution network does not require any consent or authorization, connecting period of new consumer will be for 0,220 kV and 0,380 kV voltage - 20 days, and for 6/10 kV voltage level - 40 days. Applicant must be notified about this information along with notification about completeness of the application in written or electronic form.