On 11 August 2026, the National Energy and Utilities Regulatory Commission ("NEURC") adopted amendments to the Retail Electricity Market Rules to implement the provisions of Law of Ukraine No. 4777-IX ("Resolution-1360").
The amendments regulate electricity sales by energy storage facility operators and expand the ability of renewable energy producers to supply electricity to their own electrical installations and those of their related parties.
Electricity Sales by Energy Storage Facility Operators
An operator of an energy storage facility ("ESF") may now sell electricity to a consumer whose electrical installations share a connection point with the ESF to the network of a distribution system operator or transmission system operator.
Electricity may be sold under an electricity sale and purchase agreement, provided that commercial metering is arranged in accordance with applicable law. Separate commercial metering points must be established where the consumer’s electrical installations are connected to the ESF’s electrical network.
Such sales do not require the ESF operator to obtain an electricity supply licence. This exemption applies specifically to the supply licence and does not remove any licensing requirements applicable to energy storage activities under Ukrainian law.
Supply of Electricity to Renewable Energy Producers’ Own Installations and Backup Electricity Supply to Related Parties
The Law of Ukraine "On the Electricity Market", as amended by Law of Ukraine No. 4777-IX, allows renewable energy producers to supply electricity to their own consumption facilities and to the electrical installations of related parties located on the same land plot as the generating facility or on adjoining land plots.
For biomass and biogas electricity producers, Law No. 4777-IX also permits the supply of electricity to their own electrical installations and those of related parties located on land plots separated by:
• land plots used by related parties; and/or
• land plots accommodating linear infrastructure, including railways, public roads, other roads, pipelines, electronic communications lines or power lines.
By Resolution-1360, the NEURC aligned the Retail Electricity Market Rules with these statutory provisions and clarified that such electricity supply must comply with the Distribution System Code, the Transmission System Code and the commercial metering rules.
Electricity is sold to a related party under a backup electricity supply agreement. Such sale does not constitute the supply of electricity to a consumer and does not require the producer to obtain a separate electricity supply licence.
For hydropower producers, the right to supply electricity to their own installations and those of related parties is available only to micro, mini and small hydropower plants.
The amendments align the Retail Electricity Market Rules with Law of Ukraine No. 4777-IX in relation to the sale of electricity by ESF operators to consumers sharing the same grid connection point, as well as the supply of electricity by renewable energy producers to their own electrical installations and those of related parties.
The application of these statutory arrangements requires a comprehensive review of the connection structure, single-line diagram, ownership and configuration of the electrical networks, location of the relevant land plots and commercial metering arrangements.
