3. OPERATIONAL NOTIFICATION PROCEDURE FOR CONNECTION OF EXISTING GENERATING UNITS
A proposal by the Relevant TSO to the National Regulatory Authority on applicability of requirements set forth by the Network Code to Existing Generating Units should include the following:
a) an operational notification procedure in order to prove the implementation of the requirements by the Power Generating Facility Owner;
b) an appropriate transition period for implementing the requirements.
The determination of the transition period should take into account the category of the Generating Unit and any underlying obstacles for efficient undertaking of the equipment modification/refitting. The transition period should not exceed two years from the decision of the National Regulatory Authority on the applicability.
4. THE AMENDMENT OF RELEVANT CLAUSES IN GENERAL TERMS AND CONDITIONS RELATING TO THE GRID CONNECTION
All relevant clauses in contracts and/or relevant clauses in general terms and conditions relating to the grid connection of Existing Generating Units will be amended to achieve compliance with the requirements of the Network Code. The relevant clauses will be amended within three years after the decision of the National Regulatory Authority on the applicability (in the course of action described above under point 1). What is of key importance this requirement for amendment will apply regardless of whether the relevant contracts or general terms and conditions provide for such an amendment.
The above rule will also apply to all relevant clauses in contracts and/or relevant clauses in general terms and conditions relating to the grid connection of New Generating Units.
5. REQUEST FOR DEROGATION
Derogation is defined in the Network Code as a time-limited or indefinite (as specified) acceptance in writing of a non-compliance of a Power Generating Facility with regard to identified requirements of this Network Code.
The procedure for derogation applies to all Power Generating Facility Owners, both existing and new Power Generating Facilities, when applying for derogations for individual Generating Units. It applies as well to Network Operators when applying for derogations but this issue isn’t covered by this short summary.
Power Generating Facility Owners may apply for derogation in respect of one or more requirements of the Network Code by submitting a request to the Relevant Network Operator.
The request for derogation, submitted by the Power Generating Facility Owner should include the following information:
a) identifying data of the Power Generating Facility Owner, with reference contact person for any communications;
b) the specific Generating Unit to which the request is referred to;
c) the provision of the Network Code for which a derogation is requested, with the detailed description of the requested derogation;
d) detailed reasoning accompanied with all relevant documents supporting the request.