Įeiti

licensing of heat supply (supplying at least 10 gwh of heat per year) activities.


APPROVED

by the Order No O1E- 

of the Chair of National Energy Regulatory Council

of     December 2019

 

 

DESCRIPTION OF ADMINISTRATIVE SERVICE PROVISION

OF THE NATIONAL ENERGY REGULATORY COUNCIL

 

LICENSING OF HEAT SUPPLY (SUPPLYING AT LEAST 10 GWH OF HEAT PER YEAR) ACTIVITIES

 

1.

Name of the service

Licensing of heat supply (supplying at least 10 gwh of heat per year) activities.

2.

Recipients of the service

Natural persons

Legal persons

3.

Type of the service: electronic/non-electronic service

Electronic

Non-electronic

3.1.

Link to the e-service (if the service is electronic)

https://www.epaslaugos.lt/portal/service/29249/16020?searchId=bc1ac6b5-d72e-4619-99c5-4053d63025b3

3.2.

Link to the application form/forms (if the service is non-electronic)

The application form is approved by the Resolution No O3-400 of the National Control Commission for Prices and Energy of 30 November 2011 "On the Approval of the Form of the Application on Issuing, Changing, Amending a Licence, Issuing a Duplicate of the Licence, Suspending the Validity of a Licence, Annulling the Suspension of Validity of a Licence".

https://www.vert.lt/siluma/SiteAssets/prasymo-forma-2013-09-06.docx

The application must include details of the person applying for the license: for the natural person – name, surname, personal code, if any, address, telephone number, e-mail address; for the legal person  – company name, legal form, code, registered office address, telephone and fax numbers, as well as the name of the activity for which the license is applied to, the intended territory of the licensed activity.

In the content of the application, the person shall not only indicate but also provide documents referred to in Point 8 of this table.

4.

Duration of the service provision

Within 30 days of the receipt of the necessary documents, the Council shall issue or change the licence or provide a reasoned written refusal to do so to the applying company.

5.

Price of the service

According to the list of specific state fee rates approved by the Resolution No 1458 of the Government of the Republic of Lithuania of 15 December 2000 "On the Approval of the Specific State Fee Rates and the Rules on Payment and Refund", the fixed state fee rates are paid:

 

Issue of the licence: EUR 579;

Change, amendment of a licence or issue of its duplicate: EUR 43.

6.

Methods and procedures of payment for the service (also including the payment possibility for foreigners)

The state fee is paid to the budget revenue collection accounts of the State Tax Inspectorate under the Ministry of Finance. The payment code for services provided by the Council: 5774.

7.

Description of the service provision process

The heat supply licence grants the licence holder the right to get involved in the activity of delivery and sales of district heating to the heat consumers. Licences for heat supply activities shall be issued for an indefinite period to a single person within a specified territory. Licences for heat supply activities shall be issued to persons who own or have the right to manage heat supply equipment and/or heat transmission networks, have no tax arrears to the State Budget of the Republic of Lithuania, municipal budget or funds administered by the State Tax Inspectorate (unless the company has deferred payment of taxes, default interest or fines in accordance with the procedure established by legal acts of the Republic of Lithuania or a tax dispute arises regarding such taxes, default interest or fines),  and the company  does not owe the State Social Insurance Fund budget, the technological, financial and management capacity of the company is sufficient to conduct licensed activities.

A person, wishing to obtain a licence, shall submit an application in the established form and other required documents to the National Energy Regulatory Council (hereinafter- Council). After receiving all the required documents the Council shall verify that the documents and the information contained therein are in conformity with the licensing requirements and within 30 days after the receipt of all properly documented papers shall issue or change the licence, or provide  a reasoned written refusal to do so to the applicant.

If a person submits to the Council properly documented data or documents or modifies them eliminating the circumstances impeding the issue (the change) of the licence and does so before the Council takes a decision to issue, change or refuse to issue (change) the licence, the period shall be counted from the day of submitting all the properly documented data and documents.

If there is reasonable suspicion that the data submitted by the person is incorrect or if it is not sufficient to determine whether the documents meet the requirements for the issuing of licences, the Council shall have the right within 15 calendar days from the submission of the documents to request for additional information or documents required by legislation. In this case, the time period to make the decision on the issue of the licence shall be counted from the day of submission of all the properly documented data or documents.

8.

Information and documents to be provided by the person

Documents and data set forth in the Law on Heat Sector of the Republic of Lithuania,  licensing rules of heat supply approved by Resolution No. 982 of the Government of the Republic of Lithuania of 25 July 2003 "On the Approval of Heat Supply Licensing Rules" and in the Description of the procedure of assessment of technological, financial and managerial capacity of economic operators approved by Resolution No. 03-6 of the National Control Commission for Prices and Energy of 29 January 2012 "On the Approval of the Description of the Procedure of Assessment of Technological, Financial and Managerial Capabilities of Energy Companies":

1. Application in the established form;

 2. Copies of the articles of association or other relevant instruments of incorporation, authenticated by the stamp of the company, if the company is required to possess it, and signed by the manager (applicable to legal persons);

3. Obligation to fulfil the conditions of the licenced activity;

4. The list of licences related to the activity in the heat sector and statutory permits held by the persons;

5. Documents supporting the ownership or the right to manage heat supply equipment and (or) heat transmission networks;

6. The performance audit report and balance sheet for the recent 2 years (for the recent 1 year if the company has been operating for less than 2 years) of the legal person (this requirement does not apply to legal entities which prior to the application were not operating);

7. The copies of certificates, issued by the National Energy Regulatory Council for the maintenance (servicing) of heat supply equipment, authenticated  by the stamp if the person is required to possess it;

8. Scale plans and (or) other documents permitting the determination of boundaries of managed heat supply equipment and (or)  heat transmission networks;

9. Recommendations of the municipal authority;

10. Documents certifying that the company has no tax arrears to the budget of the Republic of Lithuania, the municipal budget or funds to which the tax is administered by the State Tax Inspectorate (unless the payment of taxes, default interest, fines to a legal person is deferred in accordance with the procedure established by the legal acts of the Republic of Lithuania or a tax dispute arises regarding such taxes, default interest or fines), and does not owe the State Social Insurance Fund budget;

11. The documents provided in the Description of the technological, financial and managerial capacity of economic operators, required for the assessment of the technological, financial and managerial capacity of the economic operator;

12. Document confirming the payment of the state fee.

9.

Contact information of the service provider (position, name and surname, e-mail, phone number of the responsible employee)

Specialists from the Heat and Water Department of the Council. Contact information is available on the website of the Council at http://www.vert.lt/lt/struktura-ir-kontaktai/kontaktai

10.

Appeal procedure against actions (inactions) of the service provider

The decisions of the Council shall be appealed in accordance with procedures and conditions laid down by the Law on Administrative Proceedings of the Republic of Lithuania.

 

11.

Contacts of organisations that can provide necessary information or practical assistance to the recipients of services (if such organisations are known)

 

12.

Legislation regulating the provision of the administrative service

1. The Law on Energy of the Republic of Lithuania;

2. Law on the Heat Sector of the Republic of Lithuania;

3. Licensing rules of heat supply approved by the Resolution No 982 of the Government of the Republic of Lithuania of 25 July 2003 "On the Approval of Heat Supply Licensing Rules";

4. Description of the assessment procedures of technological, financial and managerial capabilities of entities approved by the Resolution No O3-6 of the National Control Commission for Prices and Energy of 29 January 2009 "On the Approval of the Description of the Procedure of Assessment of Technological, Financial and Managerial Capabilities of Energy Companies".