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Obligations imposed on gas companies and other relevant entities including safe operation of gas systems, emergency plans and maintenance obligations
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- Bu səhifədəki naviqasiya:
- In addition, the Act stipulates the following obligations: Gas transmission
- Gas distribution
- Gas storage
- Gas producer
- 5.6 General obligations of a gas market participant
Obligations imposed on gas companies and other relevant entities including safe operation of gas systems, emergency plans and maintenance obligations: The basic assumption for being prepared for a crisis is a reliable, safe, economic and thoroughly maintained gas system. The rights and obligations of the transmission system operator, the distribution system operator, the underground gas storage operator, the gas producer and the gas trader are specified in Act No. 458/2000 Coll. on the business conditions and public administration in the energy sector and on amendments of other laws (the "Energy Act"), as amended. The Act defines the liability of the operators to provide the Ministry of Trade and Industry and the Energy Regulatory Office with an annual report on the quality and maintenance level and to prepare, send to the Ministry and annually review the emergency response plan.
The following rights and obligations are stipulated for the transmission system operator in §58 of the Act: (1) The transmission system operator will have the right a) to access gas storages under the conditions stipulated in this Act for arranging equilibrium between the volume of natural gas entering the gas system and the volume of natural gas exiting the gas system, b) to information from other participants on the gas market needed to properly fulfil its obligations, c) to establish and operate an internal telecommunication network for administration, measurement, security and automation of the gas system operation and for transmitting information needed to operate IT and IS, d) to establish and operate gas facilities on non-own real estate in conformity with special legislation 4d), e) to enter and drive on non-own real estate to establish, construct, repair and operate the transmission system, f) to remove trees and branches and other vegetation, to dispose of removed and cut trees and other vegetation that pose risks for the safe and reliable operation of the transmission system if either the owner or user did not carry out the work after a prior notice and specification of the extent, g) in conformity with special directives, to enter enclosed spaces and facilities used for the activities and services of the bodies of the Ministry of Defence, Ministry of the Interior, Ministry of Justice, Security Information Service and railway bodies, as well as to enter real estate where special telecommunication equipment is located to the extent and in the manner necessary to carry out a licenced activity, h) in emergencies, to use the gas facilities of customers to which the operator transmits gas to the required extent, i) to either limit or interrupt gas transport in the following cases: 1. if there is an immediate hazard to life, health and property and for mitigating these conditions, 2. in an emergency or for activities immediately preventing an emergency, 3. to carry out and plan construction modifications and scheduled repairs of the transmission system facilities, 4. if faults occur in the transmission system equipment and to remove them, 5. if gas is consumed using devices hazardous to life, health or property, 6. if unauthorized gas consumption or unauthorized gas transport occurs, 7. in the case of gas consumption when the customer repeatedly and without serious reason did not allow access to the measuring device or non-measured sections of the gas consumption device although the customer was demonstrably notified and requested to allow access at least 15 days in advance, to inspect, read, maintain, replace or remove the measuring device, 8. due to the limitation or termination of gas transport of the transmission systems interconnected by the operators, j) to purchase and sell gas to cover losses in the transmission system or for its consumption or for equilibrium between the gas volume entering and exiting the gas system; this is not regarded as gas trade. (2) The transmission system operator must create an easement allowing the use of other owners’ property or part of it for the purposes referred to in Subsection 1 Clause d) on the basis of a contract concluded with the property’s owner; if the owner is not known or identified or is definitely inaccessible or inactive or no contract could be negotiated with the owner, and the conditions for a limitation of the ownership title to land or property according to special legislation 4e), then the appropriate building authority will issue, at the transmission system operator’s proposal, a decision on creating an easement. (3) If the transmission system operator damages the property of a freeholder or leaseholder by exercising its rights as referred to in Subsection 1 Clauses d) to i), or the transmission system operator limits the freeholder or leaseholder‘s normal use of the property, then the holder will be entitled to a lump sum compensation 5), 10), including the costs of an expert opinion. The compensation claim must be filed with the transmission system operator that damaged the property or limited its use within six months from the date the freeholder or leaseholder first learned of the damage or limitation, otherwise the right expires. (4) In the cases referred to in Subsection 1 Clauses d) to i), the transmission system operator must respect to the maximum extent possible the rights of the owners of the property and must immediately notify them of entering their property. When work is completed, the transmission system operator must return the property to its previous state, and if that is impossible because of the type of work, the operator must bring the property to a state appropriate for its previous purpose or use and must immediately notify the owner of the property of this. When removing or cutting back trees, the transmission system operator must dispose of the trees and cuttings produced at its own expense. (5) In the cases referred to in Subsection 1 Clause i) Point 3, the transmission system operator must notify the customers for whom the operator transports gas of the commencement and end of the limitation or interruption of gas transmission no later than 30 days in advance. (6) In the cases referred to in Subsection 1 Clause i), the transmission system operator must resume gas transmission as soon as the causes of the limitation or interruption of gas transmission are removed. (7) In the cases referred to in Subsection 1 Clause i), no damages and compensation for the loss of profit may be claimed. This provision will not apply if the transmission system operator fails to comply with its reporting duty referred to in Subsection 5 or the failure was obviously caused by the transmission system operator. (8) The transmission system operator must also: a) secure the safe, reliable, economic operation, maintenance, extraction and development of the transmission system, b) secure a supply based on concluded contracts , c) connect to the transmission system any applicant who/which so requests and meets the connection conditions , d) connect to the transmission system any applicant who/which so requests and meets the connection conditions except for a demonstrable insufficiency of free capacity for gas transmission or a threat to the safe and reliable operation of the transmission system; a refusal of access to the transmission system must be made in writing and justified, e) provide equal conditions for access to the transmission system under the conditions laid down in this Act, f) secure gas measurement in the transmission system including evaluation and providing the measured and evaluated data to the market operator and gas market participants used for gas transport, g) provide information needed to mutually secure the operability of their systems to the operators of distribution systems with which the transmission system is interconnected, h) maintain and publish the quality parameters of gas supply and related services, i) prepare and submit to the Energy Regulatory Office the data needed for decisions on the prices charged for gas transmission , j) keep for regulatory purposes in accordance with the legal regulation separate accounts for gas transmission, k) prepare a daily, monthly, annual and ten-year balance of the transmission system, review it and provide it to the market operator, l) prepare contingency plans for the transmission system within 6 months of being granted a gas transmission licence, send them to the Ministry, and update them annually, m) notify sufficiently in advance market participants whose gas equipment is directly connected to the transmission system of the extent and dates of down time for gas transmission facilities, and inform them about expected reductions of transmission capacity, n) set up and operate a technical dispatching centre to be responsible for the central control of the transmission system, o) establish and operate gas quality monitoring points, p) create technical prerequisites for the provision of gas imports from various sources, q) control and manage the gas system of the Czech Republic in a state of emergency, r) protect any proprietary information that is a trade secret that the transmission system operator may have learned of during its activities, s) prepare and publish every year the estimated development of the transmission system to the extent according to subsection 58k, clause 3 and publish it after approval; the provisions of subsection 58l, clause 5 must be used accordingly. t) prepare the Transmission System Operator Code, submit it to the Energy Regulatory Office for approval, publish it and carry out the licenced activity pursuant to the Transmission System Operator Code, u) in cooperation with the distribution system operators and underground gas storage operators, prepare a gas system contingency plan, update it annually, and submit it to the Ministry, v) prepare and submit to the Ministry and the Energy Regulatory Office every year not later than 1 March of the following calendar year a report on the quality and level of maintenance of the transmission system equipment, w) develop sufficient cross-border capacity in compliacne with the transmission system development plan and secure the infrastructure standard according to the directly applicable regulation of the European Union, x) cooperate with other transmission system operators at the regional level covering two or more member states in order to assign transmission capacities and exchange information on the secure operation of the transmission system, y) separately offer entry and exit capacity at individual entry points to the transmission system and exit points from the transmission system, z) separately charge payments for entry and exit capacity at individual entry points to the transmission system and exit points from the transmission system, (9) A legal entity incorporated for cooperation according to subsection 8, clause x) will adopt and operate an internal directive on equal treatment if an operator of the transmission system, who is also a part of a vertically integrated gas business company, is involved in incorporation or the activities of the legal entity. The provisions of sections 58i and 58j will apply accordingly. Organization of transmission system maintenance: Maintenance of the transmission system is carried out according to the Organization Rules and the internal management documents of NET4GAS, s.r.o. The transmission system is divided into operational areas and maintenance is provided by the maintenance centre and contractors. The maintenance is carried out according to the internal management documents of the operator. These internal management documents respect the applicable:
Basic list of NET4GAS, s.r.o. management documents for the maintenance process, effective from 1 January 2011 to 31 December2011:
Material and financial plans of the main operation and maintenance activities of the transmission system have been prepared based on these management documents and the generally applicable legislation, external technical directives and other documents,:
Post-failure maintenance is carried out as needed according to the requirements of the relevant operational area. Cooperation with transmission system operators of neighbouring countries: If preventive measures are adopted, the operators of interconnected transmission systems of neighbouring countries must inform and coordinate with each other about the measures taken.
The following rights and obligations are stipulated for the distribution system operator in § 59 of the Act: (1) The distribution system operator will have the right a) to connect to the transmission system or other distribution system if the connection conditions have been met, b) to information from other participants on the gas market needed to properly fulfil its obligations, c) to access the transmission system, other distribution system and underground gas storage under the conditions laid down in this Act and to secure equilibrium between the volume of gas entering and exiting the distribution system, d) to establish and operate an internal telecommunication network for administering , measuring , security and automation of the distribution system operation and for transmitting information needed for the operation of IT and IS, e) to establish and operate gas facilities on non-own real estate in conformity with the special legislation, f) to enter and drive on non-own real estate to establish, construct, repair and operate the distribution system and gas connections, g) to remove trees and branches and other vegetation, to dispose of removed and cut trees and other vegetation that pose risks for the safe and reliable operation of the transmission system if either the owner or user did not carry out the work after a prior notice and specification of the extent, h) in conformity with special directives, to enter enclosed spaces and facilities used for the activities and services of the bodies of the Ministry of Defence, Ministry of the Interior, Ministry of Justice, Security Information Service and railway bodies, as well as to enter real estate where special telecommunication equipment is located to the extent and in the manner necessary to carry out a licenced activity, i) in emergencies, to use gas facilities of customers for which the operator distributes gas to the extent required, j) Limit or interrupt gas distribution in the following cases: 1. if there is an immediate hazard to life, health and property and for mitigating these conditions, 2. in an emergency or for activities immediately preventing an emergency, 3. to carry out and plan construction modifications and scheduled repairs of the transmission system facilities, 4. if faults occur in the transmission system equipment and to remove them, 5. if gas is consumed using devices hazardous to life, health or property, 6. if unauthorized gas consumption or unauthorized gas transport occurs, 7. in the case of gas consumption when the customer repeatedly and without serious reason did not allow access to the measuring device or non-measured sections of the gas consumption device although the customer was demonstrably notified and requested to allow access at least 15 days in advance, to inspect, read, maintain, replace or remove the measuring device, 8. due to the limitation or interruption of gas transmission by the transmission system operator, 9. if gas is suppled from a gas production facility with a hazardous affect on the safe and reliable operation of gas devices, k) to buy gas to cover losses in the distribution system or for its own consumption; this is not regarded as gas trade, l) to close the main gas valve to avoid an immediate threat to human life. (2) The disribution system operator must create an easement allowing the use of other owners’ property or part of it for the purposes referred to in Subsection 1 Clause d) on the basis of a contract concluded with the property’s owner; if the owner is not known or identified or is definitely inaccessible or inactive or no contract could be negotiated with the owner, and the conditions for a limitation of the ownership title to land or property according to special legislation 4e), then the appropriate building authority will issue, at the disribution system operator’s proposal, a decision on creating an easement. (3) If the distribution system operator damages the property of a freeholder or leaseholder by exercising its rights as referred to in Subsection 1 Clauses d) to i), or the distribution system operator limits the freeholder or leaseholder‘s normal use of the property, then the holder will be entitled to a lump sum compensation 5), including the costs of an expert opinion. The compensation claim must be filed with the distribution system operator that damaged the property or limited its use within six months from the date the freeholder or leaseholder first learned of the damage or limitation. (4) In the cases referred to in Subsection 1 Clauses d) to i), the distribution system operator must respect to the maximum possible extent the rights of the owners of the property and must immediately notify them of entering their property. When the work is completed, the distribution system operator must return the property to its previous state, and if that is impossible because of the type of work, the operator must bring the property to a state appropriate for its previous purpose or use and will immediately notify the owner of the property of this. When removing or cutting back trees, the distribution system operator must dispose of the trees and cuttings produced at its own expense. (5) In the cases referred to in Subsection 1 Clause j) Point 3, the distribution system operator must notify customers for whom the operator distributes and supplies gas of the commencement and end of the limitation or interruption of gas distribution and supply, no later than 15 days in advance, unless a shorter notification period has been agreed. Planned refurbishment, relocation, and repairs between 1 October and 30 April of the following calendar year may only be carried out if the customers concerned are notified of this in writing . (6) In the cases referred to in Subsection 1 Clause j), Point 6 the distribution system operator must resume gas distribution and supply as soon as the damage caused by unauthorized consumption or gas distribution immediately after removing the causes of the limitation or interruption, have been paid. (7) In the cases referred to in Subsection 1 Clause j), no damages or compensation for the loss of profit may be claimed. This provision will not apply if the distribution system operator fails to comply with its reporting duty referred to in Subsection 5 or if the failure according to Clause b), Point 4 is demonstrably caused by the distribution system. (8) The distribution system operator must also: a) secure the safe and reliable operation and development of the distribution system in the area delineated in the licence, b) distribute gas on the basis of concluded contracts and at a defined quality, c) pay the transmission system operator or operator of another distribution system a share of the eligible expenses for connection to the transmission system or distribution system, d) connect to the distribution system any applicant who/which so requests and meets the connection conditions , e) connect to the distribution system any applicant who/which so requests and meets the connection conditions except for a demonstrable insufficiency of free capacity for gas distribution or a threat to the safe and reliable operation of the distribution system or transmission system; gas distribution must be refused in writing and justified. f) provide equal conditions for access to the distribution system under the conditions laid down in this Act, g) maintain and publish the quality parameters of gas quality supply and related services, h) provide the transmission system operator, the operators of distribution systems and underground gas storage operators and gas producers with the information needed to mutually secure the operability of their systems, i) secure gas measurement in the distribution system including evaluation and provide the measured and evaluated data to the market operator and gas market participants used for gas distribution, j) prepare and submit to the Energy Regulatory Office the data needed for decisions on the prices charged for gas distribution, k) keep, for regulatory purposes in accordance with the legal regulation, separate accounts for gas distribution, l) secure gas transmission and gas distribution for distribution system operators not connected directly to the transmission system to the extent of gas consumption by gas market participants with a gas consumption facility connected to its distribution system, k) prepare a daily, monthly, annual and ten-year balance of the distribution system, review it and provide it to the distribution system operator, n) prepare contingency plans for the distribution system within 6 months of being granted a gas distribution licence, send them to the Ministry, and update them annually, o) announce the extent and dates of gas distribution facilities’ down time and report the expected reduction of distribution capacity, n) set up and operate a technical dispatching centre to be responsible for the central control of the distribution system, q) setup and operate points for gas quality monitoring if the points set up and operated by the transmission system operator are insufficient for monitoring the gas quality, r) at the request of a supplier, to provide the ultimate information about a customer and its consumption point to the extent required to secure the ultimate supply, s) declare a state of emergency within the respective distribution system, t) prepare and publish every year the estimated development of the distribution system for at least 5 years, u) have its gas facility connected to another distribution system at its own expense, v) protect any proprietary information that is a trade secret which the distribution system operator may have learned of during its activities, w) prepare the Distribution System Operator Code, submit it to the Energy Regulatory Office for approval, publish it and carry out the licenced activity pursuant to the Distribution System Operator Code, x) prepare and submit to the Ministry and the Energy Regulatory Office every year not later than 1 March of the following calendar year a report on the quality and level of maintenance of the distribution system equipment, y) promote power engineering services and their offers to customers at competitive prices, z) at the request of a gas trader or gas producer, terminate the gas supply in the case of unauthorized gas consumption. Organization of distribution systems maintenance (RWE GasNet, s.r.o.): The distribution system operator will be governed by the internal maintenance organization directives and the guidelines. The distribution system operator maintains the distribution systems in conformity with the generally applicable legislation, particularly TPG 901 01 in the internal management directives:
The following rights and obligations are stipulated for the underground gas storage operator in § 60 of the Act: (1) The underground gas storage operator will have the right a) to establish and operate an internal telecommunication network for administering , measuring, security and automation of the underground gas storage operation and for transmitting information needed for the operation of IT and IS, b) to establish and operate gas facilities on non-own real estate in conformity with the special legislation 4d), c) to enter another owner’s property with personnel and vehicles to set up and operate an underground gas storage facility, d) to remove trees and branches and other vegetation, to dispose of removed and cut trees and other vegetation that pose risks for the safe and reliable operation of the underground gas storage if either the owner or user did not carry out the work after a prior notice and specification of the extent, e) in conformity with special legal directives, to enter enclosed spaces and facilities used for the activities and services of the bodies of the Ministry of Defence, Ministry of Justice and railway bodies, as well as to enter real estate where special telecommunication equipment is located to the extent and in the manner necessary for the licenced activity, f) to restrict or suspend to the necessary extent underground storage of gas activities in the following cases: 1. if there is an immediate hazard to life, health and property and for mitigating these conditions, 2. if an emergency occurs or for activities immediately preventing the emergency, 3. to carry out and plan reconstructions and scheduled repairs of underground gas storage facilities, 4. if faults occur in the underground gas storage equipment and to remove them, 5. in the case of unauthorized gas consumption or unauthorized gas storage, g) connect its facility to the transmission system or the distribution system at its own cost and under the conditions specified, h) purchase gas to cover losses in the underground gas storage facility or its own consumption or to create and maintain the basic content of the underground gas storage facility and sell gas to the extent of the obligations stipulated herein; this is not regarded as gas trade, i) to information from other participants on the gas market needed to properly fulfil its obligations, (2) The underground gas storage operator must create an easement allowing the use of other owners’ property or part of it for the purposes referred to in Subsection 1 Clause d) on the basis of a contract concluded with the property’s owner; if the owner is not known or identified or is definitely inaccessible or inactive or no contract could be negotiated with the owner, and the conditions for a limitation of the ownership title to land or property according to special legislation 4e), then the appropriate building authority will issue, at the underground gas storage operator’s proposal, a decision on creating an easement. (3) If the underground gas storage operator damages the property of a freeholder or leaseholder by exercising its rights as referred to in Subsection 1 Clauses d) to i), or the underground gas storage operator limits the freeholder or leaseholder‘s normal use of the property, then the holder will be entitled to a lump sum compensation 5), including the costs of an expert opinion. The compensation claim must be filed with the underground gas storage operator that damaged the property or limited its use within six months from the date the freeholder or leaseholder first learned of the damage or limitation. (4) In the cases referred to in Subsection 1 Clauses d) to i), the underground gas storage operator must respect to the maximum possible extent the rights of the owners of the property and must immediately notify them of entering their property. When the work is completed, the underground gas storage operator must return the property to its previous state, and if that is impossible because of the type of work, the operator must bring the property to a state appropriate for its previous purpose or use and will immediately notify the owner of the property of this. When removing or cutting back trees, the underground gas storage operator must dispose of the trees and cuttings produced at its own expense. (5) In the cases referred to in Subsection 1 Clause f) Point 3, the underground gas storage operator must notify in writing the customers for whom the operator stores gas of the commencement and end of the limitation or interruption of gas storage activities no later than 30 days in advance. (6) In the cases referred to in Subsection 1 Clause f), the underground gas storage operator will resume gas storage activities as soon as the causes of the limitation or interruption of gas transmission are removed. (7) In the cases referred to in Subsection 1 Clause j), no damages or compensation for the loss of profit may be claimed. This provision will not apply if the underground gas storage operator fails to comply with its reporting duty referred to in Subsection 5 or the failure was obviously caused by the underground gas storage. (8) The underground gas storage operator must also: a) secure the safe, reliable, economic operation, maintenance, extraction and development of the underground gas storage, b) secure a storage based on concluded contracts , c) pay the transmission system operator or operator of another distribution system a share of the eligible expenses for connection the underground gas storage to the transmission system or distribution system, d) provide the operator of the transmission system or the operator of the distribution system to which its underground gas storage facility is connected with the information needed to mutually secure the interoperability of their systems and facilities, e) meter the delivered and withdrawn gas and submit the data needed to settle differences to the transmission system operator and the gas market participant to whom gas storage is provided, f) keep separate accounts for the underground storage , g) prepare a daily, monthly, annual and ten-year balance of the capacities and performance of the underground gas storage, review it and provide it to the distribution system operator, h) within 6 months of being granted the underground gas storage licence, prepare contingency plans for the underground gas storage facilities, send them to the Ministry, and update them annually, i) announce the extent and dates of down time at the underground gas storage facility and state the expected reduction of storage capacity, j) set up and operate a technical dispatching centre to be responsible for the central control of the underground gas storage facility, k) secure equal conditions for access to the underground gas storage under the conditions defined herein and allow access to the underground gas storage to everyone who asks for it and complies with the access conditions except for a demonstrable insufficiency of free capacity or a hazard to the reliable and safe operation of the underground gas storage, any refusal of access to the underground gas storage must be in writing and justified, l) sell the gas of a market participant if the gas stored for reasons of the gas market participant was not recovered from the gas storage on the expiry of the contract, m) declare a state of emergencys within the underground gas storage facilities, t) prepare and publish every year the estimated development of the underground gas storage for at least 5 years, o) protect any proprietary information that is a trade secret the transmission system operator may have learned during its activities, p) prepare the Underground Gas Storage Operator Code, submit it to the Energy Regulatory Office for approval, publish it and carry out the licenced activity pursuant to the Underground Gas Storage Operator Code, q) prepare and submit to the Ministry and the Energy Regulatory Office every year not later than 1 March of the following calendar year a report on the quality and level of maintenance of the underground gas storage equipment, r) maintain and publish the quality parameters of gas quality supply and related services, s) publish information about the operation of the underground gas storage necessary for effective competition and effective operation of the gas market, which is not a business secret, this does not affect the obligations under point o). Organization of underground gas storage maintenance (RWE Gas Storage, s.r.o.): The storage system is divided into individual underground gas storages (UGS) maintained by each UGS maintenance centre and based on contracts (with third contractors) in 2011. The UGS maintenance was carried out in compliance with the applicable internal management documents of RGS. These internal management documents respect the applicable:
A basic list of RWE GasStorage, s.r.o. management documents for the maintenance process, Basic act ZA 2_3_3 Operative management of gas industry assets
Directive SM 2_4_3_4 Maintenance management
Material and financial plans of the main operation and maintenance activities of the underground gas storage have been prepared based on these management documents and the generally applicable legislation, external technical directives and other documents:
Post-failure maintenance is carried out as needed based on the requirements of the operation of the underground gas storage.
The following rights and obligations are stipulated for the gas producer in § 57 of the Act: (1) The gas producer will have the right a) to set up and operate gas upstream pipelines, connect and access the gas production facility or extraction pipeline to either transmission system or distribution system or a gas upstream pipeline of another gas producer or underground gas storage, b) to sell gas produced in a gas production facility operated by the gas producer to other gas market participants and to other countries, c) to limit or interrupt the operation of the gas production plant and gas upstream pipelines to the extent necessary in the following cases: 1. if there is an immediate hazard to life, health and property and for mitigating these conditions, 2. if an emergency occurs or for activities immediately preventing the emergency, 3. if defects occur in gas upstream pipelines or facilities producing or extracting gas and for removing them, 4. for carrying out scheduled construction modifications and repairing gas upstream pipelines or facilities used for gas production or extraction, d) to information from other participants on the gas market needed to properly fulfil its obligations, e) to restrict, suspend or terminate the gas supply to its customers if unauthorized gas consumption occurs, f) to enter and drive on other owners’ property to establish and operate gas upstream pipelines or a gas production plant, including refurbishment and repairs, g) to remove trees and branches and other vegetation, to dispose of the removed and cut trees and other vegetation that poses risks for the safe and reliable operation of gas upstream pipelines or a gas production facility if either the owner or user did not carry out the work after a prior notice and specification of the extent, h) to establish and operate a gas upstream pipeline or gas production facility on non-own real estate in conformity with the special legislation 4d),. (2) The gas producer must create an easement allowing the use of other owners’ property or part of it for the purposes referred to in Subsection 1 Clause h) on the basis of a contract concluded with the property’s owner; if the owner is not known or identified or is definitely inaccessible or inactive or no contract could be negotiated with the owner, then the appropriate building authority will issue, at the gas producer’s proposal proposal, a decision on creating an easement for the property or any part of it. (3) If the gas producer damages the property of a freeholder or leaseholder by exercising its rights as referred to in Subsection 1 Clauses f) and g), or the gas producer limits the freeholder or leaseholder‘s normal use of the property, then the holder will be entitled to a lump sum compensation 5), including the costs of an expert opinion. The compensation claim must be filed with the gas producer that damaged the property or limited its use within six months from the date the freeholder or leaseholder first learned of the damage or limitation otherwise the right expires. (4) In the cases referred to in Subsection 1 Clauses f) and g), the gas producer must respect to the maximum possible extent the rights of the owners of the property and must immediately notify them of entering their property. When the work is completed, the gas producer must return the property to its previous state, and if that is impossible because of the type of work, the operator must bring the property to a state appropriate for its previous purpose or use and will immediately notify the owner of the property of this. When removing or cutting back trees, the gas producer must dispose of the trees and cuttings produced at its own expense. (5) In the cases referred to in Subsection 1 Clause c) Point 4, the producer must notify its customers in writing of the commencement and end of any limitation or interruption of the gas supply at least 30 days in advance. (6) In the cases referred to in Subsection 1 Clause c), the gas producer must resume the gas supply as soon as the causes of the limitation or interruption of gas transmission are removed. (7) In the cases referred to in Subsection 1 Clause c), no damages or compensation for the loss of profit may be claimed. This provision will not apply if the gas producer fails to comply with its reporting duty referred to in Subsection 5 or the failure was obviously caused by the gas producer. (8) The gas producer must also: a) pay the transmission system operator or distribution system operator or underground gas storage operator or other gas producer a share of the eligible expenses for connection to the transmission system or distribution system or gas upstream pipeline of another gas producer or to the underground gas storage, b) ensure that its gas production plant and gas upstream pipeline operate safely and reliably and ensure equal conditions for access to the gas upstream pipeline, c) provide the operator of the transmission system or distribution system to which its gas upstream pipelines are connected with any information needed to mutually facilitate the operability of the systems, d) have a metering device installed for the gas supplied by the operated gas upstream pipeline, including evaluating and delivering the evaluated information to the market operator and gas market participants provided with gas transmission via the gas upstream pipeline, e) prepare a daily, monthly, annual and ten-year balance of gas production, review it and provide it to the distribution system operator, f) prepare contingency plans for gas production within 6 months of being granted a gas production licence, send them to the Ministry, and update them annually, g) set up and operate a technical dispatching centre to be responsible for the central control of the gas production facility, h) declare a state of emergency within the gas production plant and gas upstream pipelines, i) keep separate accounts for gas production, j) connect to the gas upstream pipeline any applicant who/which requests it and meets the connection conditions, except for a demonstrable insufficiency of free capacity; a refusal of access to the gas upstream pipeline must be in writing and justified, k) provide the market operator information about the volume and progress of the gas supply based on gas supply contracts and other information needed for compliance with the market operator's obligations, l) comply with the provisions of § 61, subsection 2 if gas is supplied to customers.
The following rights and obligations are stipulated for a gas trader in § 61 of the Act: (1) The gas trader will be entitled a) to purchase gas and sell it to other gas market participants, b) to purchase gas from other countries and sell it to other countries, c) to access the transmission system, distribution systems, underground gas storage facilities under the conditions set out herein, d) to suspend or terminate the gas supply to a customer if unauthorized gas consumption occurs, e) to information from the market operator, transmission system operator, distribution system operators needed to settle the gas supply to customers whose consumption point is connected to the transmission system or distribution system, f) to the information from other participants on the gas market needed to properly fulfil its obligations, (2) The gas trader must a) prepare daily, monthly, annual and five-year balances of gas trading, including information on gas exports from and gas imports to the Czech Republic including specifying the gas sources, review them and submit them together with monthly data about the number of customers with an annual consumption of less than 400 thousand m3, who changed their gas suppliers to the market operator and the transmission system operator, b) observe the instructions issued by the dispatching centres of the appropriate operators, when a state of emergency is declared, c) maintain the balance between the volume of gas entering the gas system and the volume of gas leaving the gas system at the same time, d) ensure a safe and reliable gas supply to end customers to which the trader supplies gas while keeping the safety standards, e) submit to the transmission system operator, the appropriate distribution system operator or the underground gas storage facility operator information needed for the safe and reliable operation of the gas system, f) carry out the activities of the ultimate supplier according to § 12a, g) keep separate accounts for the ultimate gas supply, h) maintain and publish the quality parameters of the gas quality supply and related services, i) provide the market operator information needed to carry out its obligations according to § 20a, j) register for gas trade activities with the market operator within 30 days of being licenced for operation; the gas trader becomes a registered market participant when registered, k) promote power engineering services and their offers to customers at competitive prices, l) provide its customers with information in a way allowing remote access to the Energy Consumer Checklist developed by the Commission and published by the Energy Regulatory Office, m) if a customer wants to change gas supplier, inform the customer intending to withdraw from the gas supply contract of the date of terminating the contract if information about the beginning and duration of the notice period is not specified in the business terms and conditions. Furthermore, the gas trader must secure the security standard of supplies in the following way according to Section 11 of the Decree on emergencies:
The security standard is determined according to Appendix No. 3 to the Decree. 5.6 General obligations of a gas market participant: Section 3 of the emergencies decree lists the activities for preventing a state of emergency for transmission system operators, distribution system operators, underground gas storage operators, gas traders and the market operator:
Section 5 of the decree on a state of emergency specifies consumption levels starting with the basic level, i.e. unlimited consumption of the contractually agreed daily gas consumption, followed by the consumption levels for limiting supplies and consumption levels for suspending supplies. The following consumption levels are used for preventive measures:
The consumption levels for interrupting supplies are specified in the Emergency Plan.
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