NEURC Simplifies Electricity Sales by BESS Operators to Consumers Sharing a Connection Point
As of 13 August 2026, updated rules for battery energy storage system (BESS) operators are in effect in Ukraine. NEURC has regulated the possibility for a BESS operator to sell electricity directly to a consumer whose electrical installations share a connection point with the BESS to the network of a distribution system operator or transmission system operator.
Under NEURC Resolution No. 1360 dated 11 August 2026, such sales may be made under an electricity sale and purchase agreement and do not require a licence for the supply of electricity to consumers. A key condition is that commercial metering must be arranged in accordance with the Commercial Metering Code.
For BESS owners and developers, this creates additional opportunities to structure electricity supply models for industrial and other consumers where generation, storage and consumption are organised within a shared connection point.
At the same time, the mere presence of a BESS is not sufficient. To use the new model, the specific project must be assessed in terms of its connection configuration, commercial metering arrangements and contractual structure.
Separately, amendments to the Commercial Metering Code will take effect on 1 September 2026. In particular, licensed electricity producers and energy storage operators, as well as certain active consumers, will have three months to provide the information required to create or model additional or separate commercial metering points in the DataHub.
For both existing and new BESS projects, this is an opportunity to review not only the technical configuration, but also the relevant contracts, commercial metering arrangements and the structure of the relationship with the consumer.

Oleksandr Melnyk
Partner, Head of Corporate Law and M&A practice, Attorney at law
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