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ERNST & YOUNG LLC
KYIV, 01001
Unclaimed
Subcontracting experience
18 records from government sources. Past participation is not evidence of current teaming interest.
| Role | Agency | Description | Vehicle | Obligated | Action date | Period |
|---|---|---|---|---|---|---|
| Subcontractor | Agency for International Development | STUDY OF FINANCIAL/ECONOMIC MODELS OF RISK MANAGEMENT AND INTERNAL CONTROL OF FINANCIAL COMPANIES AND PAWNSHOPS PUR-KYI-24-0077 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541690 Parent award description: FINANCIAL SECTOR REFORM ACTIVITY View parent award on USAspending | — | $84,000 | Sep 16, 2024 | — – — |
| Subcontractor | Agency for International Development | CONSULTING SERVICES TO DEVELOP (A) ECONOMIC ANALYSIS OF BIOMETHANE VIABILITY IN UKRAINE TO ASSESS FINANCIAL FEASIBILITY OF BIOMETHANE PRODUCTION, EVALUATING POTENTIAL REVENUE STREAMS AND COST IMPLICATIONS; (B) PRE-FEASIBILITY STUDIES OF THE TOP BIOMETHANE PROJECTS PROPOSED IN UKRAINE - ANALYSIS OF 5 PRE-SELECTED BIOMETHANE PROJECTS ACROSS THE FULL VALUE CHAIN OF BIOMETHANE PRODUCTION, OFFTAKE AND END-CONSUMPTION. 154-UCEM-1810-1212233 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $232,461 | Sep 12, 2024 | — – — |
| Subcontractor | Agency for International Development | 1. THE CONTRACTOR UNDERTAKES TO PROVIDE THE CUSTOMER WITH SERVICES FOR THE EVALUATION ANALYSIS OF THE IMPACT OF THE CHANGE IN THE TRANSPORTATION TARIFF FOR THE NEXT REGULATORY PERIOD (2025-2029) ON THE CUSTOMER'S FINANCIAL STATEMENTS FOR 2024 AND 2025 (HEREINAFTER REFERRED TO AS SERVICES), WHICH INCLUDES:
€¢ AGGREGATION OF HISTORICAL FINANCIAL AND OPERATIONAL INFORMATION BASED ON THE AUDITED CUSTOMER€„¢S FINANCIAL STATEMENTS AND MANAGEMENT ACCOUNTING DATA, AS WELL AS THE CUSTOMER'S ASSUMPTIONS, INCLUDING MACROECONOMIC, SECTORAL AND OPERATIONAL, AND CALCULATIONS OF TRANSPORTATION TARIFFS UNDER DIFFERENT REGULATORY PARAMETERS AGREED WITH NEURC AND TRANSPORTATION VOLUMES;
€¢ CONSTRUCTION OF A DYNAMIC, INTERACTIVE OPERATIONAL AND FINANCIAL MODEL WITH THE CALCULATION OF THE ALLOWED REVENUE AND TARIFFS FOR THE CUSTOMER'S SERVICES, STRUCTURED AS FOLLOW (MAY BE MODIFIED BASED ON DISCUSSION WITH THE CUSTOMER):
I. THE "DASHBOARD" TAB WHICH CONTAINS A CONTROL PANEL FOR SELECTING SCENARIOS AND MANUALLY ENTERING KEY MODEL INPUTS (IF NECESSARY), AS WELL AS VISUALIZATION OF THE MAIN RESULTS;
II. THE "TARIFF INPUTS" TAB WHICH CONTAINS A DETAILED CALCULATION OF THE CUSTOMER'S ACTUAL AND PROJECTED COSTS, REGULATORY ASSETS BASE, ALLOWED REVENUE AND TARGET TARIFFS UNDER ACTIVE SCENARIOS;
III. THE €œCALCULATIONS€Ͽ½ TAB WHICH INCLUDES CALCULATION OF DISCOUNTED CASH FLOWS INCLUDING WACC DURING THE FORECAST PERIOD (2025-2029) PLUS CUMULATIVE CASH FLOW FOR FUTURE PERIODS, AND CALCULATION OF THE VALUE OF ASSETS UNDER ACTIVE SCENARIOS
IV. THE "OUTCOMES" SECTION CONTAINS PROJECTED FINANCIAL STATEMENTS (PROFIT AND LOSS STATEMENT, CASH FLOW STATEMENT, BALANCE SHEET) AS OF THE END OF 2024 AND 2025 WITH IMPACT OF ASSETS IMPAIRMENT, AND DIVIDENDS (DIVIDEND PAYOUT RATIO WILL BE PROVIDED BY THE CUSTOMER) AND INCOME TAX. SUCH PROJECTION SHOULD BE PREPARED BY THE CONTRACTOR ONLY FOR KEY FINANCIAL STATEMENT ITEMS.
€¢ SCENARIO ANALYSIS WITH TESTING OF THE EFFECT OF THE CUSTOMER'S ASSUMPTIONS ON THE ASSETS VALUATION;
I. DEVELOPMENT OF SCENARIOS BASED ON THE CUSTOMER'S ASSUMPTIONS REGARDING THE EXPECTED RETURN ON THE REGULATORY ASSETS BASE AND FORECAST TRANSPORTATION VOLUMES.
II. INTEGRATION OF SCENARIOS IN THE CALCULATION OF THE ALLOWED REVENUE, TARGET TARIFFS AND DISCOUNTED CASH FLOWS.
€¢ PROVIDING THE POSSIBILITY OF DYNAMIC TESTING OF SCENARIOS IN THE FORM OF A SWITCH OPTION ON THE "DASHBOARD" TAB WITH THE DISPLAY OF KEY RESULTS, INCLUDING ALLOWED REVENUE, TARGET TARIFFS, CASH FLOWS, ASSET VALUE, AND FINANCIAL RESULTS (PROJECTED FINANCIAL STATEMENTS AND BUDGET EFFICIENCY).
PREPARATION OF ANALYTICAL AND PRESENTATIONAL MATERIALS AND, IF NECESSARY, PARTICIPATION IN DISCUSSIONS WITH NEURC, THE MINISTRY OF ENERGY AND OTHER STAKEHOLDERS (NO MORE THAN 3 MEETINGS). 154-UCEM-1810-TO#17-1205584 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $46,062 | Aug 15, 2024 | — – — |
| Subcontractor | Agency for International Development | THE ACTIVITY DESIGNED TO ANALYZE THE CURRENT REGULATORY AUTHORITY BETWEEN THE FINANCIAL AND THE ENERGY REGULATORS OVER THE ENERGY MARKETS. THE STUDY WILL CONTAIN A RECOMMENDATION ON THE MOST SUITABLE DIVISION OF REGULATORY AUTHORITY AND LAWS THAT HAVE TO BE CHANGED. 154-UCEM-1810-TO#15-1205584 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $62,720 | Jun 27, 2024 | — – — |
| Subcontractor | Agency for International Development | PREPARE DRAFT MARKET COUPLING RULES TO AMEND TO RELEVANT UKRAINIAN SECONDARY LEGISLATION IN ORDER TO FULLY TRANSPOSE AND IMPLEMENT THE COMMISSION REGULATION (EU) 2015/1222 OF 24 JULY 2015 ESTABLISHING A GUIDELINE ON CAPACITY ALLOCATION AND CONGESTION MANAGEMENT (CACM). 154-UCEM-1810-TO#13-1205584 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $104,809 | Jun 24, 2024 | — – — |
| Subcontractor | Agency for International Development | CONDUCT REVIEW OF MARKET OPERATOR€„¢S COMMODITY EXCHANGE TRADING RULES INCLUDING REVIEWING THE SUGGESTED MARKET OPERATOR€„¢S TRADING RULES, A MEMO ON LEGAL ANALYSIS OF UKRAINIAN LEGAL FRAMEWORK AND CONDUCT A GAP ANALYSIS FOR THE AMENDMENTS TO THE TRADING RULES 154-UCEM-1810-TO#2-1205584 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $37,400 | May 15, 2024 | — – — |
| Subcontractor | Agency for International Development | ASSISTANCE IN THE DEVELOPMENT AND IMPROVEMENT OF THE MARKET OPERATIONAL MONITORING SYSTEM AND REPORTING IN ACCORDANCE WITH THE MONITORING DATA OF THE NEURC 154-UCEM-1810-192 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $70,826 | Apr 29, 2024 | — – — |
| Subcontractor | Agency for International Development | TASK 1: KICK-OFF MEETING
TASK 2: REPORT ON THE EXISTING CPPA FRAMEWORKS, BEST PRACTICES, AND EU REGULATION ON CPPAS
€¢ THE RESULT OF TASK 2 SHALL BE PRESENTED IN FORM OF A REPORT THAT INCLUDES A COMPARISON OF TOOLS/MECHANISMS OF CPPAS USED IN UKRAINE AND OTHER MARKETS (COVERED BY BEST PRACTICES ANALYSIS) AND COMMENTS TO CLARIFY AND/OR FILL IN THE GAPS AND INCONSISTENCIES, AS WELL AS PROVIDE RECOMMENDATIONS. THE REPORT WILL NOT CONTAIN A SUGGESTED TEXT OF LEGISLATIVE AMENDMENTS STEMMING FROM THIS ANALYSIS.
€¢ THE SUBCONTRACTOR WILL DEVELOP THE POWERPOINT PRESENTATION OUTLINING THE KEY FINDINGS OF PERFORMED RESEARCH AND ANALYSIS.
TASK 3: LEGAL CHANGES AND CPPAS CONTRACT TEMPLATES AMENDMENTS TO LEGISLATION
€¢ IN CLOSE COORDINATION WITH ESP AND MOE, THE SUBCONTRACTOR SHALL PREPARE:
O TARGETED AMENDMENTS TO THE PRIMARY LEGISLATION INTENDED TO PROVIDE REGULATION OF €œVIRTUAL€Ͽ½ CORPORATE PPAS, €œSLEEVED€Ͽ½ CORPORATE PPAS AND €œPHYSICAL DIRECT€Ͽ½ CORPORATE PPAS (HEREINAFTER COLLECTIVELY €€Œ THE MAIN TYPES OF CPPAS) IN LINE WITH EU ACQUIS;
O TARGETED AMENDMENTS TO SECONDARY LEGISLATION ACCORDING TO CURRENTLY EFFECTIVE LAW OF UKRAINE €œON ELECTRICITY MARKET€Ͽ½ AND LAW OF UKRAINE €œON ALTERNATIVE ENERGY SOURCES€Ͽ½ INTENDED TO ENSURE ESSENTIAL REGULATION OF THE MAIN TYPES OF CPPAS. IF THE SUBCONTRACTOR FINDS THAT CURRENT PROVISIONS OF LAW OF UKRAINE €œON ELECTRICITY MARKET€Ͽ½ AND LAW OF UKRAINE €œON ALTERNATIVE ENERGY SOURCES€Ͽ½ REGARDING THE CPPAS ARE NOT FULLY COMPLIANT WITH THE EU ACQUIS AND/OR ARE NOT SUFFICIENT TO ENSURE TRANSPOSITION INTO UKRAINIAN SECONDARY LAW OF THE MAIN TYPES OF CPPAS, THE SUBCONTRACTOR SHALL SEPARATELY HIGHLIGHT THEM FOR ESP AND MOE AND NEVERTHELESS DEVELOP TARGETED AMENDMENTS TO SECONDARY LEGISLATION REQUIRED TO ENSURE ESSENTIAL REGULATION OF THE MAIN TYPES OF CPPAS.
€¢ THE PROPOSED AMENDMENTS TO PRIMARY AND SECONDARY LEGISLATION ARE LIMITED TO LEGISLATION ON THE ELECTRICITY MARKET AND DO NOT EXTEND TO THE LAW THAT GOVERNS CAPITAL AND SECURITIES MARKETS.
€¢ SUGGESTED AMENDMENTS TO LEGISLATION REFERRED TO ABOVE WILL BE PROVIDED IN THE FORM OF A COMPARATIVE TABLES.
€¢ THE DRAFT AMENDMENTS TO PRIMARY LEGISLATION AND THE DRAFT AMENDMENTS TO SECONDARY LEGISLATION WILL BE AGREED WITH ESP AND MOE.
TEMPLATES OF CPPAS CONTRACTS
€¢ THE SUBCONTRACTOR DEVELOPS THREE SEPARATE TEMPLATES TO REPRESENT EACH OF THE MAIN TYPES OF CPPAS;
€¢ THE SUBCONTRACTOR WILL RELY ON EU ACQUIS AND BEST PRACTICES IDENTIFIED WITHIN THE PROJECT WHILE DRAFTING THE TEMPLATES.
THE SUBCONTRACTOR WILL SUBMIT TO ESP A PRESENTATION COVERING TASK 3, INCLUDING AN EXECUTIVE SUMMARY AND ANNEXES IF NEEDED. THE POWERPOINT PRESENTATION MUST BE PRESENTED TO ESP, MOE, NEURC AND OTHER STAKEHOLDERS SPECIFIED BY ESP. 154-UCEM-1810-TO#10-1205584 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $49,000 | Apr 15, 2024 | — – — |
| Subcontractor | Agency for International Development | PHASE 1. THE SUBCONTRACTOR CARRIES OUT COMPLIANCE ASSESSMENT OF THE DRAFT LAW, AS WELL AS REVIEWS/COMMENTS TO THE DRAFT LAW ALREADY PREPARED/CONTRIBUTED BY THE RELEVANT STAKEHOLDERS, WITH THE LIST OF ACQUIS PROVIDED ABOVE. THE SUBCONTRACTOR SHALL COMPLETE PHASE I WITHIN 7 WEEKS.
€¢ THE SUBCONTRACTOR IDENTIFIES GAPS AND INCONSISTENCIES OF THE DRAFT LAW AND COMPLETES ASSESSMENT WITH THE AMENDMENTS/COMMENTS TO THE DRAFT LAW THAT ARE ESSENTIAL TO ENSURE COMPREHENSIVE, ACCURATE, AND PRECISE TRANSPOSITION INTO UKRAINIAN PRIMARY LAW OF ACQUIS LISTED ABOVE. SUBCONTRACTOR DRAWS UP THE FIRST DRAFT OF THE TARGET LAW. ALL GAPS, INCONSISTENCIES IDENTIFIED, AND REMEDIED AMENDMENTS PROVIDED BY THE SUBCONTRACTOR SHALL BE SHOWN/REDLINED IN THE COMPARATIVE TABLES;
€¢ THE SUBCONTRACTOR ENGAGES THE EU-BASED EXPERTS (PREVIOUSLY ENGAGED IN CEP AND OTHER RELEVANT ACQUIS TRANSPOSITION IN SEVERAL EU MEMBER STATES) FOR DISCUSSION OF THE OVERALL CONTEXT OF ACQUIS TRANSPOSITION ENVISAGED BY THE FIRST DRAFT OF THE TARGET LAW, AND FOR SPECIFIC MATTERS WHERE THE FIRST DRAFT OF THE TARGET LAW SUBSTANTIALLY DEPARTS FROM THE PROVISIONS OF ACQUIS, ON AD HOC BASIS;
€¢ FOLLOWING CONSULTATIONS WITH THE ABOVEMENTIONED EU-BASED EXPERTS, THE SUBCONTRACTOR SUBMITS THE FIRST DRAFT OF THE TARGET LAW TO ESP FOR DISCUSSION WITH THE MINISTRY OF ENERGY AND THE RELEVANT STAKEHOLDERS. THE FIRST DRAFT OF THE TARGET LAW SHALL BE PRESENTED IN FORM OF COMPARATIVE TABLES, BOTH IN UKRAINIAN AND IN ENGLISH.
PHASE II. THE SUBCONTRACTOR SHALL START AFTER THE FIRST DRAFT OF THE TARGET LAW IS REVIEWED BY THE RELEVANT STAKEHOLDERS (UKRAINIAN EXECUTIVE AND/OR LAWMAKING BODIES, AS WELL AS ENERGY MARKET STAKEHOLDERS). TIME REQUIRED FOR REVIEW OF THE FIRST DRAFT OF THE TARGET LAW BY THE RELEVANT STAKEHOLDERS IS NOT INCLUDED IN DURATION OF PHASE II. THE SUBCONTRACTOR SHALL COMPLETE PHASE II WITHIN 4 WEEKS FOLLOWING CONCLUSION OF DISCUSSIONS OF THE DRAFT TARGET LAW WITH THE RELEVANT STAKEHOLDERS AS ENVISAGED IN THE FIRST PARAGRAPH BELOW.
€¢ THE SUBCONTRACTOR SHALL PARTICIPATE IN DISCUSSIONS OF THE FIRST DRAFT TARGET LAW PREPARED WITHIN PHASE I WITH THE MINISTRY OF ENERGY AND THE RELEVANT REPRESENTATIVES OF LAWMAKING AND / OR EXECUTIVE BODIES OF UKRAINE, ENERGY MARKET STAKEHOLDERS (BILATERAL CONSULTATION AFTER RESPECTIVE APPROVAL BY ESP) OR WITHIN THE WORKING GROUP ESTABLISHED BY THE MINISTRY OF ENERGY WITH A VIEW TO FINALIZE THE DRAFT TARGET LAW. THE SUBCONTRACTOR MAY ENGAGE EU-BASED EXPERTS FOR DISCUSSION OF SPECIFIC TRANSPOSITION MATTERS AT ITS OWN DISCRETION. THE DURATION OF SUCH DISCUSSIONS IS NOT TO EXCEED 4 WEEKS;
€¢ ONCE THERE IS AN AGREEMENT ON THE FINAL VERSION OF ALL KEY OPEN/DISPUTED QUESTIONS AND/OR PROVISIONS OF THE DRAFT TARGET LAW (OR, IN CASE THERE IS NO AGREEMENT ON SOME OF SUCH OPEN AND/OR DISPUTED POINTS €€Œ THE POSITION OF THE MINISTRY OF ENERGY IN THE PREPARATION OF THE FINAL DOCUMENT SHOULD BE CONSIDERED AS A PRIORITY, WHILE THE RATIONALLY SUBSTANTIATED STANCE OF THE SUBCONTRACTOR SHOULD BE CONSIDERED AS A RECOMMENDATION AND SUBMITTED IN A SEPARATE DOCUMENT), THE SUBCONTRACTOR SHALL INCORPORATE ALL RELEVANT AMENDMENTS INTO THE DRAFT OF THE TARGET LAW AND DELIVER THE SO FINALIZED DRAFT TO ESP AND THE MINISTRY OF ENERGY WITHIN THE TIMELINE SPECIFIED ABOVE;
€¢ BY THE END OF PHASE II, THE SUBCONTRACTOR ALSO DELIVERS TO ESP AND THE MINISTRY OF ENERGY THE DETAILED ACTION PLAN AND THE GENERAL DESCRIPTION OF FRAMEWORK & LIST OF THE SECONDARY LEGISLATION NEEDED FOR THE IMPLEMENTATION OF THE TARGET LAW. 154-UCEM-1810-TO#9-1205584 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $158,731 | Feb 27, 2024 | — – — |
| Subcontractor | Agency for International Development | DEVELOPMENT OF THE ANALYSIS AND RECOMMENDATIONS REPORT, INCLUDING:
€¢ OVERVIEW OF APPROACHES AND BEST PRACTICES RELATED TO RISK MANAGEMENT AND SECURITY COVER (FINANCIAL GUARANTEES) ON BALANCING MARKET IN THE EU AND WORLDWIDE (INCL. BUT NOT LIMITED TO US, UK, AUSTRALIA, ETC.)
FOR A COMPARATIVE ANALYSIS, IT IS ALSO NECESSARY TO CHOOSE COUNTRIES WHERE THE SITUATION WITH THE ENERGY MARKET IS SIMILAR TO THE UKRAINIAN MARKET, WHILE THE ANALYSIS SHOULD CONTAIN A DESCRIPTION OF THE CONTEXT (CURRENT MARKET SITUATION: PECULIARITIES AND PROBLEMS OF THE MARKET, LEGISLATION, ETC.).
€¢ ANALYSIS OF THE EXISTING RISK MANAGEMENT AND SECURITY COVER (FINANCIAL GUARANTEES) MECHANISM ON BALANCING MARKET IN UKRAINE, INCLUDING ANALYSIS OF GAPS, ASSESSMENT OF PROS AND CONS (BENEFITS/DRAWBACKS) AS WELL AS FINANCIAL SETTLEMENT RISKS AND NON-PAYMENT PROBLEMS CAUSED BY MARKET PARTICIPANTS (E.G., IT IS NECESSARY TO CHOOSE AN APPROACH IN COVERING THE DEBT IN THE BALANCING MARKET, WHICH IS CREATED BY THE DISTRIBUTION SYSTEM OPERATORS, WHO IN TURN, ACCORDING TO THE CURRENT MARKET RULES, ARE NOT OBLIGED TO PROVIDE A FINANCIAL GUARANTEE IN THE ABSENCE OF OTHER PARTICIPANTS IN THEIR BALANCING GROUP. SIMILARLY, THE ANALYSIS SHOULD CONSIDER THE DEBT ACCUMULATION PROBLEMS BY OTHER MARKET PARTICIPANTS, INCLUDING BUT NOT LIMITED TO THE SUPPLIER OF LAST RESORT-SOLR AND THE GUARANTEED BUYER.
THE ANALYSIS SHOULD INCLUDE A COMPARISON OF TOOLS/MECHANISMS USED IN UKRAINE AND OTHER MARKETS (ESPECIALLY IN EU), AS WELL AS A DESCRIPTION OF HOW THEY DEAL WITH SPECIFIC TASKS/PROBLEMS. SUCH AN ANALYSIS SHOULD ALSO TAKE INTO ACCOUNT OTHER CURRENT LEGISLATION OF UKRAINE IN COMPLIANCE WITH ALL LEGAL NORMS.
€¢ RECOMMENDATIONS ON IMPROVEMENT OF THE RISK MANAGEMENT AND FINANCIAL GUARANTEE MECHANISM TO ENSURE SETTLEMENTS IN THE BALANCING MARKET.
RECOMMENDATIONS SHOULD CONSIDER AVAILABLE BEST PRACTICES AND BE REALISTICALLY APPLICABLE IN UKRAINE (I.E. CONSIDERING ECONOMIC SITUATION IN THE COUNTRY).
THE RECOMMENDATIONS SHOULD CONTAIN A DESCRIPTION OF HOW THE PROPOSED TOOLS/MECHANISMS SHOULD DEAL WITH THE IDENTIFIED PROBLEMS/ISSUES. IF THE SOLUTION TO THE PROBLEM REQUIRES CHANGES TO THE PROCESSES RELATED TO THE PROVISION OF FINANCIAL GUARANTEES (FOR EXAMPLE, THE SETTLEMENT MECHANISM, ETC.), THESE POINTS SHOULD ALSO BE DESCRIBED AND SUBSTANTIATED IN THE RECOMMENDATIONS.
€¢ COMPARATIVE TABLE WITH THE EXACT WORDING OF AMENDMENTS TO THE MARKET RULES TO IMPLEMENT RECOMMENDATIONS WITH SUBSTANTIATION AND HIGHLIGHTING OF CONTRADICTIONS IN THE PROVISIONS OF PRIMARY LEGISLATION (IF IDENTIFIED). PROVIDE NECESSARY AND COMPREHENSIVE RECOMMENDATIONS AND COMMENTS TO THE DRAFT AMENDMENTS TO CLARIFY AND RATIONALE THE PROPOSED AMENDMENTS.
THE FINAL REPORT MUST DULY ADDRESS ANY COMMENTS AND QUESTIONS RECEIVED FROM ESP AND OTHER STAKEHOLDERS (UKRENERGO, NEURC, ETC.), THAT COULD OCCUR DURING THE PERFORMANCE OF THE PREVIOUS STAGES OF THE ASSIGNMENT, INCLUDING CONSIDERING THE APPLICABILITY OF IMPLEMENTING SUCH PROPOSALS IN THE FUTURE TO THE EXISTING MARKET MANAGEMENT SYSTEM (MMS) OF NPC "UKRENERGO".
WHILE CONDUCTING THE ACTIVITY, THE CONSULTANT MAY (INDEED, STRONGLY ENCOURAGED TO) CONTACT AND CONSULT (IN COORDINATION AND COMMUNICATION WITH ESP) WITH THE PRIMARY AND SECONDARY STAKEHOLDERS TO DISCUSS DIFFERENT ASPECTS, INCLUDING BUT NOT LIMITED TO THE NEED, CHALLENGES, LEGAL AND TECHNICAL INSIGHTS. THE CONSULTANT SHALL PROVIDE REGULAR (BI-WEEKLY) UPDATES ABOUT THE STATUS OF THE WORK.
THE REPORT (INCLUDING RECOMMENDATIONS, COMPARATIVE TABLE AND ANALYSIS) MUST BE DELIVERED IN BOTH ENGLISH AND UKRAINIAN. THE CONSULTANT MUST ACKNOWLEDGE THAT ESP IS THE MAIN RECIPIENT OF THE REPORT, BUT IT WILL BE SHARED WITH UKRENERGO, NEURC, ENERGY COMMUNITY SECRETARIAT AND OTHER RELEVANT STAKEHOLDERS TO BE DETERMINED BY ESP. 154-UCEM-1810-1204251 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $103,000 | Jan 10, 2024 | — – — |
| Subcontractor | Agency for International Development | 2.0 TASKS
THE SCOPE OF WORK UNDER THIS ASSIGNMENT INCLUDES THE FOLLOWING:
STAKEHOLDERS: NJSC €œNAFTOGAZ OF UKRAINE€Ͽ½, GC €œNAFTOGAZ OF UKRAINE€Ͽ½, JSC €œUKRTRANSGAZ€Ͽ½ AND LLC €œGAS TSO OF UKRAINE€Ͽ½
TASKS:
€¢ CONDUCTING INTERVIEWS WITH INVOLVED STAKEHOLDERS TO UNDERSTAND THEIR:
O POSITION ON THE ISSUE;
O VISION OF THE POTENTIAL SOLUTION;
O ROOM FOR AGREEMENT.
€¢ IDENTIFICATION OF POINTS OF AGREEMENT AND DISAGREEMENT BETWEEN STAKEHOLDERS REGARDING THE FACTS AND POTENTIAL NEXT STEPS. POINTS OF AGREEMENT SHOULD BE SUMMARIZED IN A STATEMENT OF FACTS;
€¢ REVIEW AND CHALLENGING VIABILITY OF THE POTENTIAL SOLUTIONS SUGGESTED BY STAKEHOLDERS (I.E., CHAIN OF CONSECUTIVE DEBT SETTLEMENT AND RELATED TRANSACTIONS);
€¢ SUGGESTION OF FEASIBLE ALTERNATIVES TO OPTIONS PROPOSED BY STAKEHOLDERS, IF EY DEEMS THAT THERE ARE ANY SUCH ALTERNATIVES POTENTIALLY AVAILABLE;
€¢ LEVERAGING THE CONSULTANT€„¢S SUBJECT-MATTER EXPERTS€„¢ EXPERIENCE AND KNOWLEDGE TO FACILITATE THE DISCUSSION BETWEEN STAKEHOLDERS TO REACH THE AGREEMENT ON POTENTIAL SOLUTIONS PROPOSED BY STAKEHOLDERS (I.E., CHAIN OF CONSECUTIVE DEBT SETTLEMENT AND RELATED TRANSACTIONS) AND/OR THE ALTERNATIVES, AS MENTIONED IMMEDIATELY ABOVE;
€¢ PRESENTATION OF DISCUSSION OUTCOMES.
DELIVERABLES:
- CONDUCTING INTERVIEWS WITH INVOLVED STAKEHOLDERS - DRAFT PRESENTATION (IN UKRAINIAN) WITH A DESCRIPTION OF POTENTIAL OPTIONS FOR DEBT SETTLEMENT
- REVIEW AND CHALLENGING VIABILITY OF THE POTENTIAL SOLUTIONS SUGGESTED BY STAKEHOLDERS
- SUGGESTION OF FEASIBLE ALTERNATIVES TO OPTIONS PROPOSED BY STAKEHOLDERS, IF EY DEEMS THAT THERE ARE ANY SUCH ALTERNATIVES POTENTIALLY AVAILABLE
- LEVERAGING EY€„¢S SUBJECT-MATTER EXPERTS€„¢ EXPERIENCE AND KNOWLEDGE TO FACILITATE THE DISCUSSION BETWEEN STAKEHOLDERS TO REACH THE AGREEMENT ON POTENTIAL SOLUTIONS PROPOSED BY STAKEHOLDERS (I.E., CHAIN OF CONSECUTIVE DEBT SETTLEMENT AND RELATED TRANSACTIONS) AND/OR THE ALTERNATIVES - DRAFT MEMORANDUM (IN ENGLISH) WITH THE REVIEW OF POSITIONS OF INVOLVED STAKEHOLDERS AND POSSIBLE ALTERNATIVES (IF ANY ARE FOUND)
- PRESENTATION OF DISCUSSION OUTCOMES - FINAL MEMORANDUM (IN ENGLISH) WITH THE REVIEW OF POSITIONS OF INVOLVED STAKEHOLDERS AND POSSIBLE ALTERNATIVES (IF ANY ARE FOUND)
LIMITATIONS:
1. EY€„¢S WORK WILL BE SUBJECT TO A DISCLOSURE AND CONSENT LETTER TO BE SIGNED BY NJSC €œNAFTOGAZ OF UKRAINE€Ͽ½, GC €œNAFTOGAZ OF UKRAINE€Ͽ½, JSC €œUKRTRANSGAZ€Ͽ½ AND LLC €œGAS TSO OF UKRAINE€Ͽ½ ACKNOWLEDGING, IN PARTICULAR, EY€„¢S INVOLVEMENT WITH ALL PARTIES, AS WELL AS THE FACILITATORY NATURE OF SUCH INVOLVEMENT;
2. EY WILL NOT COMMENT ON THE MERITS OF NJSC €œNAFTOGAZ OF UKRAINE€Ͽ½, GC €œNAFTOGAZ OF UKRAINE€Ͽ½, JSC €œUKRTRANSGAZ€Ͽ½, LLC €œGAS TSO OF UKRAINE€Ͽ½ COURT CASES AGAINST EACH OTHER AND/OR CASES CHALLENGING RELEVANT REGULATORS' DECISIONS PERTAINING TO THE SUBJECT MATTER OF THE PROJECT, AS WELL AS OTHER SIMILAR CASES;
3. EY WILL NOT VERIFY OR VALIDATE ANY AMOUNTS, PRICES OR VALUES PROVIDED BY STAKEHOLDERS OR USED FOR A CHAIN OF CONSECUTIVE DEBT SETTLEMENT AND RELATED TRANSACTIONS;
4. STAKEHOLDERS WILL USE THE MEMORANDUM TO FINALIZE AND APPROVE THE SOLUTION SUITABLE FOR THEM. 154-UCEM-1810-TO#8-1199382 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $59,858 | Jan 8, 2024 | — – — |
| Subcontractor | Agency for International Development | THE ANALYSIS SHOULD CONSIST OF THE FOLLOWING TASKS SUBJECT TO FURTHER DISCUSSION WITH THE SUBCONTRACTOR.
TASK 1: BEST PRACTICES IN INDEXES AND PRICE INDICATORS OF ENERGY PRODUCTS
· HIGH-LEVEL REVIEW OF BEST PRACTICES IN THE EU INCLUDING COMMON METHODOLOGY, USE, SUPERVISION, AND MONITORING, THE BASE OF INDEXES IN ORGANIZED MARKETS AND OTC MARKETS (INCLUDING REGULATION (EU) 2016/1011).
· ROLE OF ENERGY AND FINANCIAL REGULATORS INDEXES AND PRICE INDICATORS OF ENERGY PRODUCTS.
TASK 2: EVALUATE THE CURRENT UEEX€„¢S INDEX METHODOLOGY
· CONDUCT A THOROUGH REVIEW OF THE CURRENT INDEX AND PRICE INDICATORS€„¢ METHODOLOGY AND INTERNAL PROCEDURES IN CONNECTION WITH INDEX PREPARATION USED BY UEEX.
· ANALYZE THE CURRENT DATA STREAMS AND DETERMINE THE VALIDITY OF THE INDEXES.
· IDENTIFY ANY WEAKNESSES IN THE CURRENT METHODOLOGY AND RECOMMEND IMPROVEMENTS.
· PREPARE RECOMMENDATIONS TO IMPROVE UEEX€„¢S METHODOLOGY.
TASK 3: RECOMMENDATION ON INDEXES AND PRICE INDICATORS DEVELOPMENT IN UKRAINE
· KEY RECOMMENDATIONS ON THE MOST APPROPRIATE AND EFFICIENT WAY OF INDEXES AND PRICE INDICATORS€„¢ DEVELOPMENT IN UKRAINE.
· CONCEPT PROPOSAL TO NEURC FOR INDEXES AND PRICE INDICATORS DEVELOPMENT AND SUPERVISION.
THE SUBCONTRACTOR IS EXPECTED TO HAVE IN-DEPTH INTERVIEWS AND COOPERATION WITH RELEVANT STAKEHOLDERS. TASKS 2 AND 3 SERIES OF WORKING MEETINGS ARE REQUIRED, INCLUDING A DETAILED REVIEW OF EXISTING METHODOLOGIES. ON TASK 4, THE ULTIMATE BENEFICIARY IS NEURC; SIMILAR MEETINGS ARE ALSO REQUIRED.
THE ANALYSIS OF BEST PRACTICES AND EXISTENT INDEX METHODOLOGIES OF UEEX AND MO SHOULD TAKE INTO ACCOUNT UKRAINIAN LEGISLATION; SECONDARY REGULATIONS BY MOE, AMCU, NEURC, AND NSSMC; RELEVANT EU ACQUIS AND PRACTICES; UEEX AND MO INTERNAL REGULATIONS. THE FINAL RECOMMENDATIONS ARE TO BE REALISTIC AND FEASIBLE FOR ITS IMPLEMENTATION IN UKRAINE. 154-UCEM-1810-1203717 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $67,550 | Dec 15, 2023 | — – — |
| Subcontractor | Agency for International Development | THE DELIVERABLES SHOULD COVER:
- SCRUTINY AND PROVIDING RECOMMENDATIONS TO THE DRAFT PROCEDURE OF ISSUING, TRANSFERRING AND CANCELLATION OF GOS PREPARED BY NEURC, TAKING INTO CONSIDERATION EECS RULES. PROCEDURE SHOULD BE USED AS A BASIS FOR ELABORATION OF NATIONAL DOMAIN PROTOCOL.
- DEVELOPMENT OF TRANSPARENT DOMAIN PROTOCOL HARMONIZED WITH EECS RULES
- METHODOLOGY FOR CALCULATING THE ENVIRONMENTAL VALUE OF ELECTRICITY GENERATED FROM RENEWABLE ENERGY SOURCES FOR USE IN THE PREPARATION OF ELECTRONIC DOCUMENT - GUARANTEE OF ORIGIN.
O ANALYSIS OF WORLD EXPERIENCE IN DEVELOPING A METHODOLOGY FOR CALCULATING ENVIRONMENTAL VALUE (WHAT APPROACHES ARE USED, WHICH ONE BEST MEETS THE REQUIREMENTS OF UKRAINIAN ENERGY SYSTEM).
O CALCULATION OF GREENHOUSE GAS EMISSIONS DURING ELECTRICITY PRODUCTION, CONSIDERING:
–ª A LIST OF GREENHOUSE GASES IN THE PRODUCTION OF 1 MWH OF ELECTRICITY GENERATED FROM EACH TYPE OF GENERATION IN UKRAINE (TPPS, CHPS, NPPS). FOR THERMAL GENERATION, ALSO TAKING INTO ACCOUNT THE USE OF DIFFERENT TYPES OF FUEL (COAL, GAS)
–ª ELECTRICITY PRODUCTION MIX IN UKRAINE
–ª CALCULATION OF THE WEIGHTED AVERAGE FOR EACH TYPE OF GREENHOUSE GAS EMISSION DURING PRODUCTION OF 1MWH
- DEVELOPMENT OF METHODOLOGY FOR CALCULATION OF THE SHARE OF CERTAIN SOURCE OF ENERGY USED IN THE PRODUCTION OF ELECTRICITY WHICH IS SOLD TO END CONSUMER. THIS METHODOLOGY SHOULD INCLUDE:
O THE PRINCIPLES AND BASIC ELEMENTS FOR IDENTIFICATION OF ELECTRICITY ORIGIN IN A COUNTRY,
O THE METHOD OF IDENTIFICATION THE ELECTRICITY STRUCTURE GENERATED FROM RENEWABLE ENERGY SOURCES
O THE METHOD OF DETERMINING THE STRUCTURE OF TOTAL RESIDUAL ELECTRICITY.
THE DOCUMENTS MUST BE DELIVERED IN BOTH ENGLISH AND UKRAINIAN WITH THE OFFICIAL SIGNATURE OF THE SUBCONTRACTOR (LEGAL FIRM/AGENCY).
WHILE CONDUCTING THE ACTIVITY, THE SUBCONTRACTOR MAY (INDEED, STRONGLY ENCOURAGED TO) CONTACT AND CONSULT (IN COORDINATION AND COMMUNICATION WITH ESP) TO DISCUSS DIFFERENT ASPECTS, INCLUDING BUT NOT LIMITED TO THE NEED, CHALLENGES AND LEGAL INSIGHTS. THE SUBCONTRACTOR SHALL PROVIDE REGULAR (BI-WEEKLY) UPDATES ABOUT THE STATUS OF THE WORK. 154-UCEM-1810-1203721 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $51,488 | Dec 14, 2023 | — – — |
| Subcontractor | Agency for International Development | 3.0 SOW
TASK 1: PRESENTATION. KICK-OFF MEETING
IN CLOSE CONSULTATION WITH ESP, NEURC AND E-TSO, THE SUBCONTRACTOR SHOULD PREPARE A PRESENTATION DESCRIBING THE APPROACHES TO THE TASKS CONTAINED IN THIS SOW FOR THE DEVELOPMENT OF NECESSARY SECONDARY LEGISLATION. THE PRESENTATION MUST BE AGREED WITH ESP, NEURC AND E-TSO.
THE PRESENTATION SHOULD BE DELIVERED IN UKRAINIAN AND ENGLISH. THE PRESENTATION WILL BE PRESENTED AT THE KICK-OFF MEETING.
TASK 2: DEVELOPMENT OF AMENDMENTS TO NORMATIVE AND LEGAL ACTS OF THE NEURC
A. THE SUBCONTRACTOR SHALL DEVELOP THE ANALYSIS OF ADOPTED PRIMARY LEGISLATION IN THE FORM OF THE COMPARATIVE TABLE ON COMPLIANCE WITH THE EU ACQUIS IN PART OF THE SUBJECT.
B. IN CLOSE COORDINATION WITH ESP, NEURC AND E-TSO, THE SUBCONTRACTOR SHALL DEVELOP AMENDMENTS (OR SUGGEST HOW AMENDMENTS ALREADY DEVELOPED/APPROVED BY NEURC/E-TSO, IF ANY, CAN BE IMPROVED) TO THE NORMATIVE AND LEGAL ACTS OF THE NEURC REGULATING THE OPERATION OF THE ELECTRICITY MARKET SUCH AS:
€¢ MARKET RULES;
€¢ MARKET RULES ON THE DAM AND IDM;
€¢ TRANSMISSION GRID CODE;
€¢ DISTRIBUTION GRIDS CODE;
€¢ RETAIL ELECTRICITY MARKET RULES;
€¢ COMMERCIAL METERING CODE;
IN COMPLIANCE WITH THE DIRECTIVE (EU) 2019/944 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 5 JUNE 2019, THE RENEWABLE ENERGY DIRECTIVE (2018/2001/EU) OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF DECEMBER 11, 2018, THE REGULATION 2019/943 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 5 JUNE 2019, BEST EUROPEAN PRACTICES AND LAW NO. 3220-IX REGARDING THE SUBJECT.
IF IT IS FOUND THAT CERTAIN PROVISIONS OF LAW NO. 3220-IX REGARDING THE SUBJECT THAT NEED TO BE IMPLEMENTED IN SECONDARY LEGISLATION ARE NOT FULLY COMPLIANT WITH THE EU ACQUIS, THE SUBCONTRACTOR SHALL NEVERTHELESS DEVELOP AMENDMENTS REQUIRED FOR THE IMPLEMENTATION OF SUCH PROVISIONS AND SEPARATELY HIGHLIGHT THEM FOR ESP, NEURC AND E-TSO.
AMENDMENTS TO NORMATIVE AND LEGAL ACTS OF NEURC WILL BE DELIVERED IN THE FORM OF COMPARATIVE TABLES IN ENGLISH AND UKRAINIAN.
THE SUBCONTRACTOR SHALL DEVELOP THE POWERPOINT PRESENTATION OUTLINING THE KEY PROVISIONS AND PROVIDING COMPREHENSIVE COMMENTS ON THE DRAFT AMENDMENTS TO CLARIFY AND SUBSTANTIATE THE PROPOSED PROVISIONS REGARDING THE SUBJECT.
THE AMENDMENTS TO NORMATIVE AND LEGAL ACTS OF THE NEURC WILL BE AGREED UPON WITH ESP, NEURC AND E-TSO.
4.0 SPECIFIC DETAILS
TO FACILITATE THE TASK PROVIDED BY THIS SOW, ESP WILL ESTABLISH A WORKING GROUP WITH NEURC AND E-TSO, AND THIS WILL BE THE MAIN PLATFORM FOR THE SUBCONTRACTOR€„¢S CONSULTATIONS WITH ESP, NEURC AND E-TSO WHILE THE SUBCONTRACTOR CAN HAVE AD-HOC BILATERAL MEETINGS WITH OTHER STAKEHOLDERS UNDER ESP COORDINATION.
THE SUBCONTRACTOR SHALL PROVIDE REGULAR (BI-WEEKLY) UPDATES TO THE WORKING GROUP ABOUT THE PROGRESS OF THE WORK. 154-UCEM-1810-TO#7-1199382 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $80,000 | Dec 11, 2023 | — – — |
| Subcontractor | Agency for International Development | 1.0 BACKGROUND
TETRA TECH IS THE IMPLEMENTER OF THE ENERGY SECURITY PROJECT (ESP), A 7-YEAR PROJECT FUNDED BY THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.
THE PROJECT AIMS TO ENHANCE UKRAINE€„¢S ENERGY SECURITY BY ESTABLISHING COMPETITIVE ENERGY MARKETS WITH PROPER TRADING, POST-TRADING, AND REPORTING. WHILE ELECTRICITY AND GAS MARKETS HAVE BEEN AFFECTED BY THE ONGOING WAR, THEY ARE ADJUSTING TO THE NEW CLIMATE. FURTHERMORE, UKRAINE€„¢S CONNECTIVITY TO ENTSO-E IS EXPECTED TO GIVE THE ELECTRICITY MARKET A FURTHER BOOST, WHILE THE OVERALL POLITICAL LANDSCAPE IS SKEWED TOWARDS REFORMS.
THE ENERGY MARKET DEVELOPMENT IS PREDICATED ON THE DEVELOPMENT OF TRADING PLATFORMS AND POST-TRADE INFRASTRUCTURE, PARTICULARLY €€Œ CLEARING. PROPER CLEARING ALLOWS FOR THOROUGH RISK MANAGEMENT, EASE OF OPERATIONS, VELOCITY OF SETTLEMENTS, AND LEGAL CLARITY ON TITLE TRANSFER. UKRAINE€„¢S LAW ON CAPITAL AND ORGANIZED COMMODITIES MARKETS HAS COMPLETELY RESHAPED A CLEARING REGULATION AND WAS MOSTLY BASED ON THE EU REGULATIONS, PRIMARILY €€Œ EMIR. HOWEVER, IT IS IMPORTANT TO EVALUATE EXACTLY HOW WELL UKRAINIAN LEGISLATION ALLOWS FOR PROPER CLEARING TO BE ESTABLISHED AND HOW MUCH OF THE RELEVANT EU REGULATIONS WERE IMPLEMENTED. SUCH LEGAL ANALYSIS WILL EVALUATE THE DEGREE TO WHICH UKRAINIAN LEGISLATION CORRESPONDS TO THE EU ACQUIS AND IN GENERAL THE LEVEL OF IMPLEMENTATION OF EU LEGISLATION.
TO ASSIST ANY EXISTING/POTENTIAL ENTITY WISHING TO PARTAKE IN CLEARING, USAID ESP IS SEEKING LEGAL ASSISTANCE TO PROVIDE A LEGAL GAP ANALYSIS OF THE IMPLEMENTATION LEVEL OF THE EU€„¢S RELEVANT LEGISLATION IN UKRAINE. THE FOCUS OF ASSIGNMENT IS COMMODITIES MARKETS (SPECIFICALLY GAS AND ELECTRICITY), WHOLESALE ENERGY PRODUCTS (INCLUDING ELECTRICITY AND NATURAL GAS AS UNDERLYING ASSETS OF DERIVATIVES).
THE UKRAINIAN LEGISLATION TO BE CONSIDERED NOT LIMITED TO LAW ON CAPITAL AND ORGANIZED COMMODITIES MARKETS, LAW ON COMMODITIES EXCHANGES, NATURAL GAS MARKET LAW, ELECTRICITY MARKET LAW, NEURC LAW, LAW ON CURRENCY AND CURRENCY TRANSACTIONS, CODES AND BY-LAWS (MARKET RULES, NSSMC LICENSING CONDITIONS ETC.).
2.0 TASKS
THE ASSIGNMENT SHOULD CONSIST OF THE FOLLOWING TASKS SUBJECT TO DISCUSSION AND NEGOTIATION.
TASK 1: IDENTIFY THE DEGREE TO WHICH UKRAINE HAS IMPLEMENTED DIRECTIVE 98/26/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 19 MAY 1998 ON SETTLEMENT FINALITY IN PAYMENT AND SECURITIES SETTLEMENT SYSTEMS (SFD) (OJ L 166, 11.6.1998).
€¢ IDENTIFY UKRAINIAN LEGISLATION WHERE THE DIRECTIVE IS IMPLEMENTED, ASSESS THE COMPLETENESS OF RELEVANT PROVISIONS, AND IDENTIFY THE MISSING ELEMENTS.
TASK 2: IDENTIFY THE DEGREE TO WHICH UKRAINE HAS IMPLEMENTED DIRECTIVE 2002/47/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 6 JUNE 2002 ON FINANCIAL COLLATERAL ARRANGEMENTS (OJ L 168, 27.6.2002).
€¢ IDENTIFY UKRAINIAN LEGISLATION WHERE THE DIRECTIVE IS IMPLEMENTED, ASSESS THE COMPLETENESS OF RELEVANT PROVISIONS, AND IDENTIFY THE MISSING ELEMENTS.
TASK 3: EXPLORE AND EXPLAIN WHETHER UKRAINE HAS IMPLEMENTED NOVATION IN ITS CLEARING LEGISLATION (I.E. EXISTING CONTRACT IS TERMINATED AND REPLACED BY TWO CONTRACTS WITH CCP €€Œ PURSUANT TO EMIR) OR OPEN OFFER (A CONTRACT IS CONCLUDED WITH CCP IMMEDIATELY AFTER MATCHING THE TRANSACTION, NO PRIOR BILATERAL CONTRACT).
€¢ ANALYZE CURRENT PRIMARY AND SECONDARY LEGISLATION AND DESCRIBE THE EXISTENCE AND FUNCTIONALITY OF NOVATION AND/OR OPEN OFFER.
TASK 4: ANALYZE THE FUNCTIONING OF NON-EMIR CLEARING HOUSES IN EU AND EXPLAIN WHETHER SUCH CLEARING MODEL CAN BE IMPLEMENTED IN UKRAINE.
€¢ IDENTIFY EU ACQUIS GOVERNING THE FUNCTIONING OF NON-EMIR CLEARING HOUSES IN THE EU.
€¢ ANALYZE CURRENT PRIMARY AND SECONDARY UKRAINIAN LEGISLATION AND DESCRIBE THE POSSIBILITY OF FUNCTIONING OF NON-EMIR CLEARING HOUSES IN UKRAINE (WHAT PARTIES ARE INVOLVED IN SUCH CLEARING MODEL, WHAT TRANSACTION CAN BE CLEARED, ETC.).
TASK 5: PROVIDE A LEGAL OPINION ON WHETHER UKRAINIAN LEGISLATION 154-UCEM-1810-TO#5-1199382 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $34,868 | Oct 5, 2023 | — – — |
| Subcontractor | Agency for International Development | TASK 1: PREPARATION FOR THE PUBLIC HEARING:
€¢ PROVIDE A COMPREHENSIVE ANALYSIS OF MARKET PARTICIPANTS' COMMENTS SPECIFICALLY IN TERMS OF NEURC€„¢S POWERS, CALCULATION OF ADDITIONAL BENEFITS, HARM, MATRIX OF VIOLATION, ETC. AND ADDRESS THE COMMENTS AS ASSIGNED BY ESP TEAM.
TASK 2: PARTICIPATION IN THE PUBLIC HEARINGS:
€¢ PARTICIPATE IN PUBLIC DISCUSSION AND SUBSEQUENT DISCUSSIONS. PROVIDE CHANGES IN THE METHODOLOGY AND FINALIZE THE DOCUMENT AFTER THE PUBLIC HEARING.
TASK 3: DEVELOPMENT OF MATERIALS FOR TRAINING SESSIONS:
€¢ ANALYZE THE PRACTICAL CASES OF NON-COMPLIANCE OR VIOLATION OF LEGISLATION BY LICENSEES BASED ON SELECTED AUDIT REPORTS PROVIDED BY NEURC. AT LEAST 10 AUDIT ACTS SHOULD BE ANALYZED FOR DIFFERENT LICENSE ACTIVITIES;
€¢ DEVELOP PRESENTATIONS FOR TRAINING SESSIONS;
€¢ DEVELOP AND SUBSEQUENTLY REVIEW PRACTICAL TASKS FOR THE PARTICIPANTS OF THE TRAINING;
€¢ ALL MATERIALS FOR TRAINING SESSION SHOULD BE PRELIMINARY DISCUSSED AND AGREED WITH ESP AND NEURC AND UPDATED FOLLOWING DISCUSSIONS (IF NEEDED). PRACTICAL EXAMPLES OF ALL LICENSE ACTIVITIES INCLUDED IN REGULATORY AUDIT DECREE NO. 428 SHOULD BE COVERED IN THE TRAINING SESSION.
TASK 4: CONDUCTING TRAINING SESSIONS FOR NEURC€„¢S EMPLOYEES BASED ON THE AGENDA APPROVED WITH NEURC AND ESP:
€¢ DAY 1 - APPLICATION OF THE PENALTY METHODOLOGY:
O PRACTICAL STEPS OF APPLYING THE PENALTY METHODOLOGY. ANALYSIS OF AUDIT REPORTS, DETERMINATION OF VIOLATIONS BY THE SUBSTANCE RATHER THAN FORM FOR THE METHODOLOGY APPLICATION
O DETERMINATION OF THE LIST OF VIOLATIONS, WHICH RELATE TO (UN)ADOPTED REGULATORY DECISIONS AND CAN RESULT IN THE APPLICATION OF OTHER SANCTIONS;
O PREPARATION OF THE MATRIX OF VIOLATIONS BASED ON SAMPLE AUDIT REPORTS WITH ITS ON-GOING UPDATE. PRACTICAL TASK TO THE PARTICIPANTS: FINALIZATION OF THE MATRIX OF VIOLATIONS BASED ON THE DEFINED AUDIT ACTS.
€¢ DAY 2 €€Œ CHANGES IN THE AUDIT ACTS/JUSTIFICATIONS FOR EFFECTIVE APPLICATION OF THE METHODOLOGY AND CALCULATION OF THE INITIAL AMOUNT OF THE PENALTY:
O REVIEW OF PRACTICAL TASK. QA SESSION
O A PRACTICAL EXAMPLE OF CALCULATING THE INITIAL AMOUNT OF THE PENALTY (ASSESSMENT OF THE SERIOUSNESS OF THE VIOLATION AND CALCULATION OF DAMAGE/ADDITIONAL BENEFIT) BASED ON THE METHODS DEFINED IN THE METHODOLOGY;
O DISCUSSION OF THE STAGES AND COMPONENTS OF THE CALCULATION OF PENALTY IN ACCORDANCE WITH THE METHODOLOGY, AND REGARDING WHICH INFORMATION SHOULD BE DISCLOSED IN THE AUDIT REPORT/JUSTIFICATION FOR THE DECISION ON PENALTY. PRACTICAL TASK TO THE PARTICIPANTS: CALCULATION OF THE INITIAL AMOUNT OF THE PENALTY (ASSESSMENT OF THE SERIOUSNESS OF THE VIOLATION AND CALCULATION OF DAMAGE/ADDITIONAL BENEFIT) AND ADJUSTMENT OF THE AUDIT REPORT/JUSTIFICATION IN ACCORDANCE WITH THE RECOMMENDATIONS.
€¢ DAY 3 - CONTROL PROCEDURES OF THE METHODOLOGY APPLICATION AT THE NEURC€„¢S TERRITORIAL AND CENTRAL LEVELS AND PRACTICAL ASPECTS OF ITS IMPLEMENTATION:
O REVIEW OF PRACTICAL TASK. QA SESSION
O DISCUSSION OF STAGES OF ADJUSTMENTS OF THE CALCULATED INITIAL AMOUNT OF THE PENALTY IN ACCORDANCE WITH THE METHODOLOGY. PRACTICAL TASK TO THE PARTICIPANTS: CALCULATION OF THE FINAL AMOUNT OF THE PENALTY FOR EACH VIOLATION BASED ON THE APPLICATION OF THE ADJUSTMENTS PROVIDED BY THE METHODOLOGY
O DISCUSSION OF CONTROL PROCEDURES AT THE NEURC€„¢S TERRITORIAL AND CENTRAL LEVELS REGARDING THE ACCURACY OF SANCTIONS APPLICATION AND CALCULATION OF PENALTIES
O THE FORM FOR PUBLICATION OF THE CALCULATION OF THE FINAL AMOUNT OF PENALTY FOR LICENSEES
€¢ DAY 4 €€Œ PRACTICAL ISSUES ON THE APPLICATION OF THE METHODOLOGY:
O REVIEW OF PRACTICAL TASK.
O QA SESSION
TASK 5: SUPPORT IN THE DEVELOPMENT OF MATRIX OF VIOLATIONS AS AN INTERNAL WORKING FILE OF NEURC:
€¢ PREPARE A DRAFT MATRIX OF VIOLATION FOR NEURC FOLLOWING THE TRAINING SESSION;
€¢ PRESENTATION OF THE MATRIX OF VIOLATION TO ESP AND NEURC AND ITS UPDATE AFTER DISCUSSION. 154-UCEM-1810-TO#3-1199382 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $42,599 | Sep 11, 2023 | — – — |
| Subcontractor | Agency for International Development | THE GOAL OF THIS PROJECT IS TO PROVIDE A SYSTEMIC ANALYSIS OF THE PHYSICAL BALANCING AND COMMERCIAL BALANCING IN THE NATURAL GAS MARKET FROM THE BEGINNING OF 2022, IN PARTICULAR SINCE THE INTRODUCTION OF MARTIAL LAW, AND DEVELOP RECOMMENDATIONS TO ENSURE THE PHYSICAL INTEGRITY AND ECONOMIC EQUILIBRIUM OF THE SYSTEM THROUGH THE INTRODUCTION OF EFFECTIVE BALANCING RULES HARMONIZED WITH THE EU NETWORK CODE ON GAS BALANCING OF TRANSMISSION NETWORKS.
THIS WILL REQUIRE THE FOLLOWING TASKS TO BE COMPLETED.
1. REVIEW OF THE REGULATORY ACTS ON PHYSICAL BALANCING AND COMMERCIAL BALANCING, PARTICULARLY THOSE ADOPTED FOLLOWING THE INTRODUCTION OF MARTIAL LAW. THIS ANALYSIS WILL COVER THE FOLLOWING.
O THE IMPACTS THAT THESE NEWLY ADOPTED REGULATORY ACTS HAVE ON THE BALANCING ACTIVITIES OF THE GTSOU.
O POTENTIAL BREACHES OF THE BALANCING RULES BY THE SHIPPERS, THEIR CAUSES, AND THEIR EFFECTS ON THE
OPERATIONAL PERFORMANCE AND FINANCIAL PERFORMANCE OF THE GTSOU IN THE CONTEXT OF BALANCING IN 2022.
THIS SHOULD INCLUDE ANALYSIS OF ABUSES/QUASI-BREACHES/ BREACHES WITH EXAMPLES OF SHIPPER€„¢S ACTIONS
ASSESSED AGAINST THE LEGAL FRAMEWORK (DATA REGARDING INITIAL AND FINAL SHIPPER€„¢S ALLOCATION; TRADE
NOTIFICATIONS; MATERIALS OF INTERNAL INTERIM TSO€„¢S ANALYSIS) AND WITH REGARDS TO TSO€„¢S COMMERCIAL
IMPACT (FINANCIAL AND OPERATIONAL DATA WILL BE AVAILABLE FOR THE CONTRACTOR). SEPARATELY, THE ANALYSIS OF
THE PSO€„¢S EXECUTION SHALL BE DONE (THE INTERVIEWS WITH THE PSO SUPPLIERS WOULD BE BENEFICIAL).
O THE CURRENT REGULATIONS ON FINANCIAL SECURITIES TO BE GRANTED BY THE SHIPPERS, AND RECOMMENDATIONS
TO IMPROVE THE RESPECTIVE REGULATIONS.
O THE GTSOU REQUIREMENTS REGARDING THE QUALITY AND TERMS OF SUBMISSION OF ANY INFORMATION TO BE
PROVIDED BY SHIPPERS.
O PROPOSALS WITHIN THE EXISTING LEGAL AND REGULATORY FRAMEWORK TO MINIMIZE BREACHES OF THE BALANCING
RULES BY THE SHIPPERS. PROVISION OF THE POTENTIAL CHANGES TO THE LEGAL FRAMEWORK WILL BE BENEFICIAL.
O THE CURRENT LEGAL REQUIREMENTS OF SETTING MARGINAL PRICES FOR THE PURCHASE AND SALE, AS WELL AS
ACCEPTABLE DEVIATIONS AND DISCLOSURE PRINCIPLES TO INFORM THE SHIPPERS, INCLUDING REVIEW OF HOW THE
PROCESS WORKS IN PRACTICE. THE ANALYSIS SHOULD IDENTIFY A) WHETHER CURRENT LEGAL REQUIREMENTS OF
SETTING MARGINAL PRICES FOR THE PURCHASE AND SALE INCENTIVIZE SHIPPERS FOR SELF-BALANCING; B) HOW FIXED
MARGINAL PRICE SETTING (BY MINISTRY OF ENERGY OF UKRAINE FOR PRODUCTION COMPANIES) IMPACT ON TSO
AND MARKET.
O THIS ASSESSMENT SHOULD ALSO INCLUDE REVIEW OF DOCUMENTS AND LEGAL ACTS, INTERVIEW WITH THE GTSO,
AND HIGH-LEVEL ASSESSMENT OF COMPLIANCE OF MARGINAL PRICE SETTING WITH THE EU BEST PRACTICES. THIS
WILL REQUIRE A REVIEW OF THE FOLLOWING LAWS AND OTHER REGULATORY ACTS:
· LAW OF UKRAINE €ˌON THE NATURAL GAS MARKET€„¢
· GTS CODE
· DECREE OF MINISTRY OF ENERGY OF UKRAINE NO. 87 OF 26TH FEBRUARY 2022
· RESOLUTION OF CABINET OF MINISTERS OF UKRAINE NO. 222 OF 6TH MARCH 2022
· DECREE OF MINISTRY OF ENERGY OF UKRAINE NO. 110 OF 7TH MARCH 2022
· DECREE OF MINISTRY OF ENERGY OF UKRAINE NO. 127 OF 18TH MARCH 2022DECREE OF MINISTRY OF ENERGY
OF UKRAINE NO. 169 OF 30TH APRIL 2022
· OTHER LAWS AND REGULATIONS RELEVANT TO THIS ASSIGNMENT
2. ANALYSIS OF GTSOU INTERNAL POLICIES AND PROCEDURES ASSOCIATED WITH PHYSICAL BALANCING AND COMMERCIAL
BALANCING, THE OUTCOME OF WHICH IS TO PROVIDE:
O ANALYSIS OF THE TSO BALANCING ACTIONS IN SCOPE OF RESIDUAL BALANCING SYSTEM.
O ANALYSIS OF THE TSO BALANCING ACTIONS TO PROVIDE FINANCIAL INCENTIVES FOR SHIPPER€„¢S SELF-BALANCING.
O CORRECT APPLICATION BY THE GTSOU OF LEGAL ACTS THAT REGULATE APPROACH FOR ALLOCATION AND MARGINAL
PRICE SETTING.
THE ASSESSMENT SHOULD INCLUDE THE ANALYSIS OF THE FOLLOWING:
· ALLOCATIONS COMPLETED SINCE JANUARY 2022
· CALCULATION OF MARGINAL PRICES SINCE JANUARY 2022
· GTSOU ACTIVITIES AT THE UEEX TO BALANCE GTS €€Œ SINCE JANUARY 2022
3. ANALYSIS OF 154-UCEM-1810-TO#1-1199382 Parent award context Parent award agency: Agency for International Development · Agency for International Development Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $37,406 | Jul 21, 2023 | — – — |
| Subcontractor | Agency for International Development | EVALUATION OF AND ADVICE ON EXISTING REBATE PROGRAM FRAMEWORKS AND PROPOSAL OF TWO NEW CONCEPTS FOR STIMULATING CYBER SECURITY MARKET DEVELOPMENT PUR-KYI-22-0066 Parent award context Parent award agency: Department of State · Department of State Parent award NAICS: 541990 Parent award description: OVERSEAS CONTRACT View parent award on USAspending | — | $139,900 | Sep 28, 2022 | — – — |
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