On 29 July 2025, the National Energy and Utilities Regulatory Commission (the “Regulator”) adopted a set of important amendments to implement mechanisms provided for in the primary legislation (an overview of the relevant primary legislation is available at Dentons - Ukrainian parliament approves revolutionary law changing grid connection of renewables and certain other related key rules).

Among those changes are the following:

1. Capacity booking for the connection of wind power plants (WPPs) with a capacity of more than 20 MW to the transmission system, and approval of a standard capacity booking agreement
2. Shared use of connection points (cable pooling), enabling the connection of multiple electrical installations at a single point, for the generation of electricity from any energy source
3. Introduction of a prepayment requirement for connecting electrical installations to the transmission system
4. Granting electricity producers that have connected a battery energy storage system (BESS) to their internal networks the right to consume electricity both from their own generating units and from the grid
5. Procedures and conditions for extending the validity of technical specifications

These changes are expanded upon below.

The respective amendments are set out in the following acts:

1. Resolution No. 1144 dated 29 July 2025 On the approval of Amendments to the Transmission System Code (TSC), and
2. Resolution No. 1145 dated 29 July 2025 On the approval of Amendments to the Distribution Systems Code (DSC)

Most provisions of these resolutions entered into force on the day following their official publication. According to the Regulator’s website, publication took place on 1 August 2025, meaning that the majority of provisions took effect on 2 August 2025.

1. Grid capacity booking for wind projects

The new capacity booking procedure consists of the following key stages:

a) Application submission to the transmission system operator (TSO) for capacity reservation

The application must be prepared using the template annexed to the TSC and registered by the TSO within one business day. It must be accompanied by:

• Graphic materials indicating the approximate location of the facility (district, region)
• A copy of the extract from the Unified Taxpayer Register or a copy of the VAT payer certificate
• A copy of the passport or a duly executed power of attorney/other document confirming the authority to sign the capacity reservation agreement
• A feasibility study (FS) approved by the TSO (if available)

b) Preparation of a technical solution

This is prepared by the TSO regarding the connection scheme of the applicant’s generating installations. This technical solution is annexed to the capacity booking agreement and forms the basis for design development and the final technical solution on the agreed scope of works within the TSO’s network.

c) Execution of the capacity booking agreement

The TSO must provide the applicant with two signed copies of the standard-form agreement within 10 business days of application registration. The applicant has five business days to countersign. The applicant may request a review of the technical solution within one month after signing. The TSO must respond within 10 business days and amend the agreement if changes are accepted.

d) Payment of the capacity booking fee

Within 20 days of signing, the applicant must provide confirmation of a deposit to a designated escrow account in an amount equivalent to €5 per 1 kW of booked capacity, at the official exchange rate of the National Bank of Ukraine

e) Issuance of an exclusive list of technical data by the TSO within 10 business days of full execution of the agreement, necessary to define the scope of works for implementing the connection scheme

f) Provision of additional initial data for design purposes, upon request, by the TSO within 10 business days

g) Development by the applicant of the design documentation by the applicant in accordance with the capacity booking agreement and the exhaustive list of design works published on the TSO’s website. The TSO must approve or return the design with comments for revision

h) Issuance of the final technical solution by the TSO within 10 business days of approving the design documentation. This includes:

• The power delivery scheme from the point of capacity securing to the connection point in the transmission system
• Required construction/reconstruction of transmission facilities
• Relay protection, emergency automation upgrades, or installation of new automation systems

The technical solution remains valid until the expiry of the capacity booking agreement or the execution of a grid connection agreement for the relevant facility.

2. Rules on cable pooling

The TSO/DSOs may connect “sub-producers” to the internal grid of another producer (the “main producer”) based on a tripartite agreement between the grid operator, the main producer, and the sub-producer. Only installations over 1 MW may be connected in this way to the main producer’s grid if it is connected to the transmission system. The sub-producer must apply for the connection; the grid operation has 10 business days to provide a tripartite connection agreement and technical conditions. Before issuing technical conditions, the grid operator must receive a copy of the executed agreement between the main producer and sub-producer on the use of the main producer’s grid.

The technical conditions must provide for:

• The installation of control equipment at the main producer’s connection point to prevent exceeding permitted capacity
• Installation of commercial metering points for both parties
• Requirements for generating equipment
• Additional technical requirements for the transmission grid reconstruction in case of changes to the main producer’s grid connection regime

The sub-producer must agree the design documentation to implement these technical conditions. The advance payment of €10/kW for capacity orders does not apply in case of cable pooling.

Relations concerning the transportation of a sub-producer’s electricity through the internal grid of the main producer to (from) the grid operators’ gird and the joint use of the main producer’s internal gird must be regulated by an appropriate agreement on the use of the main producer’s grid.

The material terms of the agreement are:

• Granting the right of joint use of the main producer’s grid
• Defining the algorithm for distributing the permitted (contractual) capacity for the supply and consumption of electricity between the main producer and the sub-producer
• Defining the procedure for calculating the balance of electric energy in the main producer’s grid in accordance with the Code of Commercial Metering of Electricity
• Defining the procedure for coordinating supply and consumption schedules while maintaining the permitted (contractual) capacity level at the boundary of the main producer’s balance ownership of the grid in each hour of operation of the installations
• Establishing liability for non-compliance with electric energy quality indicators, for unjustified disconnection of the sub-producer’s electrical installations from power supply, and for failure to fulfil other requirements of the agreement
• Defining the grounds and procedure for disconnecting the sub-producer’s electrical installations from power supply, the conditions for terminating the agreement, and for disconnecting the sub-producer’s electrical installations in the event of loss of the right to use the grid.

Integral parts of the agreement on the use of the main producer’s grid are:

• A protocol on the demarcation of the parties’ balance ownership and operational responsibility (executed after completion of the connection procedure)
• Information on the commercial metering devices for active and reactive electric energy (executed after completion of the connection procedure)
• A single-line diagram indicating the connection points and the lines supplying the sub-producer’s electrical installations
• The procedure for calculating electric energy losses in the main producer’s technological internal power supply networks (executed after completion of the connection procedure)

The transfer/distribution point passport between the sub-producer and operator is issued only after this agreement is signed and provided to the operator, with updates on any amendments.

The main producer is liable for exceeding the permitted (contractual) capacity at its grid connection point with operators’ grid.

3. Rules on prepayment for transmission system connections

The TSC and template grid connection agreement now reflect the Law of Ukraine On the Electricity Market (the “Electricity Market Law”) requirement that applicants must prepay €10/kW for the requested capacity when obtaining technical conditions for connection to the transmission grid. Payment is made:

• 50 percent within 30 days of obtaining technical conditions
• 50 percent within 12 months, unless otherwise agreed or the connection agreement is terminated earlier.

The amendments also set out rules for partial refunds of unused prepayments and additional payments.

4. New rules for connecting to and using a BESS for producers’ internal grids

Producers may now connect a BESS to their internal grids, provided that output capacity limits are respected and appropriate automation is installed. If a BESS withdraws electricity from the grid, the producer must obtain a grid connection service under standard procedures. Previously, such withdrawal from the grid by a BESS connected to the producer’s facilities was prohibited.

5. New rules on term of grid connection agreements and their conclusion

The maximum term for a grid connection agreement and related technical conditions is three years from the date of signing, extendable once for an additional three years subject to the Electricity Market Law and TSC/DSC. Extension is possible if:

• The design documentation is approved (if required).
• The connection fee is paid.
• Permits for construction works are obtained.

Electronic signatures are expressly permitted for executing grid connection agreements.