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Feasibility Study on Synchronous Interconnection of Ukrainian and Moldovan
Power Systems to ENTSO-E Continental Europe Power System
- WG 4 -
PRELIMINARY LEGAL QUESTIONNAIRE
Preliminary note: On 06 November 2014, a Consortium of transmission system
operators (TSOs), namely EMS, ESO EAD, MAVIR, PSE and Transelectrica, signed a
Service Contract with the Ministry of Economy of Moldova for the performance of a
‘Feasibility Study on the Synchronous Interconnection of the Ukrainian and Moldovan
Power Systems to the ENTSO-E Continental Europe Power System’. The aim of the
present preliminary legal questionnaire is to help the aforementioned Consortium gather
relevant information on the legal and regulatory framework applicable in the Ukraine and
Moldova, thereby enabling the Consortium to identify and address key legal and
regulatory issues to be included in the outcome of the foregoing study.
Questions:
1. What is the structure and legal framework of the electricity market in terms of
market players/How many and which TSOs, suppliers and other electricity
companies are there in Ukraine/Moldova?
2. Structure of control and shareholders
a. Who owns and who manages the transmission assets?
b. Who can build new transmission and under what conditions, if any?
c. What type of financing is there for new infrastructure and who may
benefit from it?
d. Who owns and who manages interconnections?
e. What is the fundamental legal framework for access to interconnections?
f. What is the impact of State ownership on the decision-making process of
the TSO and on its capacity to enter into commercial agreements? Are
there any particular limitation, if so, which ones?
g. How many TSOs or other organizations for power system operation and
control are there in the Ukraine/Moldova?
h. What type of authorization must be held by a TSO to operate?
i. Please provide a map illustrating the control area(s) for each State
concerned.

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3. Unbundling and non-discrimination
a. What is the level of unbundling (e.g., legal, operational, structural, other)?
b. Describe the relations between TSOs and distribution system operators -
are there any limitations on their relations?
c. Are there non-discrimination rules governing the electricity market in
Ukraine/Moldova?
d. Are there any rules governing transactions between affiliates?
4. Regulators
a. What are the sector specific regulatory authorities in Ukraine/Moldova?
b. Which kind of powers do they have?
c. Are they independent from the incumbent/the industry and from the
government?
d. Are there any other governmental/executive bodies in Ukraine/Moldova
who control TSOs (e.g. a competition authority)? If so, which kind of
powers do they have?
e. Are there any legal/regulatory limitations on the rights and obligations of
TSOs for international contract liabilities?
5. Legal/technical regulation
a. Describe the key provisions of your grid codes/equivalent legislation.
b. Describe the main contractual arrangements between market participants:
access to the grid, use of the grid, connection to the grid, balancing and
ancillary services, etc.
c. Describe rules governing export and import of electricity and services for
TSOs, which legal authorizations are required, what is the duration of
such contracts/concessions.
d. Describe the rules on capacity allocation.
e. Describe the rules on congestion management and congestion fees, if
any.
f. Describe the rules on TSO liability.
g. Are there special limitations of liability in electricity contracts?
h. Which kind of planning/environmental constraints do you have (for
example: authorizations and permits to build a grid component)?
i. Who are the permitting authorities and what is the procedure for
permitting of infrastructure (in particular interconnectors)?
j. Describe pricing mechanisms for grid access, grid-related services, etc.
k. Does the State intervene in financing of any type of energy (i.e., are there
any subsidies or state aid)?
l. Are there any specific energy targets such as regarding energy efficiency,
security of supply, RES, GHG emissions, etc.?
m. Which courts/authorities are competent for energy-related matters (e.g. is
it the regular Court system or are there specific regulatory or
administrative bodies)?
6. Confidentiality

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a. Are TSOs submitted to confidentiality rules?
b. Do TSOs have reporting/transparency obligations, if so which ones?
c. Define the type of information protected by confidentiality rules (shall be
clarified depending on results of data collection).
7. International law
a. Do you have the right to contract under foreign jurisdiction? Are there
any limitations to this right? If so, which ones (e.g., value of contracts,
types of agreements, prior approvals, etc.)?
b. What are the rules usually applicable in case of arbitration with a foreign
law element?
c. Which rules apply for the execution of foreign judgments?
d. Are you aware of any existing bi- or multi-lateral agreements on energy
and in particular interconnections between your country and any EU
Member State(s) (i.e., not with the EU as a whole)? If so, what are the
general terms?
e. Are there other international agreements on energy between your country
and third countries (non-EU countries) and do these agreements have
any impact on your potential commitments to EU Member States?
8. Miscellaneous
a. Are there any other major grid-related elements regarding the Ukrainian
and/or Moldovan power systems that we should be aware of?