On 13 December 2019, the National Energy and Utilities
Regulatory Commission (the "NEURC")
approved the form of the power purchase agreement (the
"PPA") for auctions as well as amended
Resolution No. 641 "On the Approval of the Normative Acts
Governing the Activity of the Guaranteed Buyer and the Electricity
Offtake under the Feed-in Tariff" (the
"Resolution") introducing, inter alia,
certain changes to the model form of a PPA under the feed-in tariff
(the "FiT").
The key amendments are as follows:
Conditions for the PPA to take effect. A PPA
will take effect on the date of its signing, except for most
operative provisions, which will take effect on the first day of
the month in which the latest of the following conditions occurs: a
producer (i) obtains the electricity production licence and the
FiT; (ii) concludes an imbalance settlement agreement with the
transmission system operator (Ukrenergo); (iii) provides the list
of commercial metering points, and a