This is not an idle question. Very often, when attending general meetings or having a conversation in in social networks, I am faced with the same question: At whose expense are collective (common house) meters installed, in common parlance, common house meters. And I always answer: at the expense of the owners of premises in apartment buildings.
Let's figure out why these meters are installed at the expense of the owners, and not, say, at the expense of resource supply or management organizations.
The law regulating controversial relations is the Federal Law of November 23, 2009 N 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts Russian Federation", part 5 of which establishes that until July 1, 2012, owners of premises in apartment buildings put into operation on the date of entry into force of this Federal Law are obliged to ensure that such houses are equipped with meters for used water, thermal energy, electrical energy, as well as putting installed metering devices into operation. Wherein apartment buildings within the specified period, they must be equipped with collective (common house) meters for used water, thermal energy, electrical energy, as well as individual and general (for a communal apartment) meters for used water, electrical energy.
And according to clause 13 of the Decree of the Government of the Russian Federation dated 06.05.2011 N 354 “On the provision utilities owners and users of premises in apartment buildings and residential buildings» the provision of utility services is provided by a management organization, partnership or cooperative or the organization specified in subparagraph “b” of paragraph 10 of these Rules, by concluding agreements with resource supplying organizations on the acquisition of utility resources for the purpose of using such resources in the provision of utility services to consumers, including through their use in production individual species utilities (heating, hot water supply) using equipment that is part of the common property of the owners of premises in apartment building , and proper execution of such contracts.
The list of common property is set out as Art. 36 of the Housing Code of the Russian Federation, and in sub. “e(1)” of paragraph 2 of the Rules for the maintenance of common property in an apartment building, approved by Government Decree No. 491 of August 13, 2006, according to which automated information and measurement systems for accounting for the consumption of utility resources and services are included in the common property, in including the totality measuring systems(metering devices, data collection and transmission devices, software products for the collection, storage and transmission of metering data), in cases where they are installed at the expense of the owners of premises in an apartment building, including as part of the fulfillment of the obligation to install metering devices in accordance with the requirements of the Federal Law “On Energy Saving and on Increasing Energy Efficiency and on introducing amendments to certain legislative acts of the Russian Federation.”
Consequently, common house meters belong to the common property of an apartment building and by virtue of clause 28 of the above-mentioned Resolution 491, the owners of premises are obliged to bear the burden of expenses for the maintenance of common property in proportion to their shares in the right of common ownership of this property by contribution.
We return to the requirements of the Federal Law of November 23, 2009 N 261-FZ “On Energy Saving and Increasing Energy Efficiency”, namely to its Part 12, which establishes that a person who has not fulfilled the fixed time responsibilities for equipping these facilities with metering devices for used energy resources, must ensure access to the specified organizations to the installation sites for metering devices for used energy resources and pay the costs of these organizations for the installation of these metering devices. In case of refusal to pay expenses in voluntarily a person who has not fulfilled the obligation to equip these facilities with meters for energy resources used within the prescribed period must also pay the costs incurred by these organizations in connection with the need for forced collection. At the same time, citizens are owners of residential buildings, country houses or garden houses, citizens - owners of premises in apartment buildings who have not fulfilled the obligations stipulated by
Housing inspectors began checking the presence of common building meters in apartment buildings. Readers write to us about this. If the ODPU is not found, they are issued orders to install or fined. Why suddenly?
The fact is that from August 6, 2017, supervision over the installation of ODPU within the framework of energy saving was transferred to the GZHI from the Federal Antimonopoly Service of Russia. And if its employees checked documents rather than basements, and fined resource workers, now the situation has changed. Housing inspectors come and write instructions to those they are used to - housing authorities and housing associations.
We've found out how the changes will affect your work, and we'll tell you:
- why is it beneficial for organizations managing apartment buildings to install ODPU;
- who and how makes the decision to install ODPU;
- how to finance the installation of ODPU;
- what to do if the owners do not act;
- who is responsible.
At the end of the article there are three arguments for the State Housing Property Inspectorate in favor of the fact that you cannot, on your own initiative, equip houses with public access control systems and are not responsible for their absence.
Why is it beneficial for organizations managing apartment buildings to install communal metering devices in 2017?
Without metering devices, calculations are based on utility consumption standards and the cost is higher.
In August, two additional reasons appeared to equip the apartment building not only with a metering device, but also with an automated information-measuring system for accounting for the consumption of utility resources and utilities.
First reason. Now such a system can be installed using funds from the capital repair fund, if a constituent entity of the Russian Federation includes this opportunity in the list of services and work for major repairs of common property in apartment buildings. This is provided for in Part 2 of Art. 166 Housing Code of the Russian Federation.
Table. Comparison of methods for equipping MKD with metering devices
The second reason. If the MKD is equipped with an automated information-measuring accounting system with the ability to simultaneously take readings, then the fee for CD on SOI must be calculated based on the readings of this accounting system. The owners will not have to gather at a general meeting and make a separate decision on this issue. Read more about the new procedure for payment of the Kyrgyz Republic for SOI in the article “Nine news about paying for utility resources for the maintenance of common property.”
Who and how makes the decision to install ODPU
You cannot install ODPU on your own initiative and at your own expense. Let me explain.
Back at the end of the 2000s, the government planned to equip all apartment buildings with metering devices. Appointed deadline- July 1, 2013. Resource supply organizations (RSOs) were involved in this process - they were obliged to install DPPU at the request of those wishing to do so. And for seven years now, the mechanism for installing ODPU has been working by the RSO and at the expense of the owners of premises in the apartment buildings. But while the former do not do this, and the latter do not finance, your debt for consumed utility resources is growing.
So, the decision to install ODPU is made by the general meeting of owners of premises in the apartment building. This is due to the fact that ODPU is included in the common property in the MKD.
The General Meeting chooses the method of installing the ODPU in the MKD:
- on our own (with the help of the organization managing the apartment building and the contractor);
- by RSO forces.
In the first case, the owners “chip in”, and you purchase a metering device and organize its installation. We recommend doing exactly this - it's fast and reliable.
In the second case, the owners decide to contact the RSO to install the ODPU, and you prepare the necessary package of documents and submit an application. It is important to remind the owners that the ODPU will be installed, albeit by the RSO, but at their expense.
Drawing. Example of the content of the protocol general meeting in the MKD on equipping the MKD with a common house heat metering device
Who pays for the installation of metering devices?
You are not obliged to equip the MKD ODPU at your own expense. There are three sources of funding for this project:
- targeted funds from owners of premises in apartment buildings;
- funds from the capital repair fund;
- budget funds at the regional or municipal level.
In the table we compared the advantages and disadvantages different ways equipment of MKD ODPU.
Who chooses the method of payment for the installation of communal metering devices?
We recommend taking the initiative into your own hands. Find out from the owners which payment mechanism for installation is preferable. In real life, owners are not keen on equipping their homes with metering devices, and the whole organizational work you'll have to carry it out.
You can initiate a general meeting in the apartment building and include on the agenda the issue of equipping the apartment building with communal meters for metering consumed utility resources. Approximate content such a protocol is shown in the figure.
January 1, 2019 –
Before this date, the RNO of Crimea and Sevastopol are required to send proposals for the installation of odpu
If you - management organization and you work under a management agreement for an apartment building or another agreement with the owners of premises in an apartment building, you can initiate a general meeting at any time. This is provided for in Part 7 of Art. 45 Housing Code of the Russian Federation. The housing association does not have such powers, but there is an “emergency exit”. Homeowners' associations, residential complexes, housing cooperatives must hold a general meeting in the apartment building if they receive a corresponding application from the owners (Part 6 of Article 45 of the Housing Code of the Russian Federation). Make a request application and have it signed by members of the board of the housing association (owners of premises in the apartment building). Then collect the signatures of other owners - a total of 10% of the votes of the total number of votes of owners in the apartment building is needed. Once you have collected signatures, prepare for the general meeting.
Who bears administrative responsibility for failure to install common house meters?
Based on the results of the inspection, the housing inspectorate may fine the RSO. It was like that before. It is important that a fine can be issued not for the absence of one or another metering device, but for refusal to install it. Administrative liability is provided for in Part 12 of Art. 9.16 of the Code of Administrative Offenses of the Russian Federation and for a legal entity ranges from 50 to 100 thousand rubles.
RSO can be fined only in cases where there was an application to establish the ODPU, which was not fulfilled for some subjective reasons.
In any case, you are an improper defendant under Part 12 of Art. 9.16 Code of Administrative Offenses of the Russian Federation. If the owners did not show the initiative, you did not submit an application to the RSO and, as a result, there is no ODPU in the house, then there is no one to fine.
The inspectors found a loophole and refer to Part 4 of Art. 12 of the Federal Law of November 23, 2009 No. 261-FZ. This part of the law states that the person responsible for the maintenance of an apartment building is obliged to carry out energy saving measures included in the approved regional list of such measures in relation to common property in the apartment building. Owners are required to bear the costs of carrying out these activities. It turns out that if the regional list includes equipping apartment buildings with metering devices, then you are obliged to do this. Obliged, but in accordance with housing legislation. And it requires a decision by the general meeting of premises owners. And let us remind you that administrative liability is provided only for persons supplying utility resources, that is, for RSO.
Reference
Under what conditions do RSOs establish ODPU?
The procedure for concluding an agreement with RSO for the installation of ODPU and the essential terms of the agreement were approved by Order of the Ministry of Energy of Russia dated 04/07/2010 No. 149.
The main terms of the contract for the installation of a metering device concluded with RSO are established in clause 9 of Art. 13 of Federal Law No. 261-FZ.
The contract must include required condition on the procedure for paying the contract price:
- at one time;
- in equal shares over 5 years;
- with a shorter installment period.
If you pay for the installation of the ODPU in full in installments, the contract price is fixed and is determined as the total price of the device, its installation and interest for the period of installment payment at the refinancing rate of the Central Bank of the Russian Federation.
With a one-time payment, the contract price is fixed and is determined as the total price of the device and its installation.
P.S. three arguments for the home inspector
We have prepared three arguments for you that we recommend voicing to the home inspector.
- The decision to install utility metering devices in MKD falls within the competence of the general meeting of owners of premises in MKD, since the ODPU is included in the common property (Part 1, Article 36, Article 44 of the Housing Code of the Russian Federation).
- You can submit an application to the RSO to equip your house with an ODPU only by decision of the general meeting of owners of premises in the apartment building.
- Administrative liability for refusal to equip apartment buildings with utility metering devices is provided only for RSO (Part 12, Article 19.16 of the Code of Administrative Offenses of the Russian Federation).
In response to the housing inspector's order to install communal meters, we recommend initiating a general meeting to resolve this issue.
General house meters of all utility resources, including thermal energy for heating and hot water, must be established AT THE EXPENSE OF ALL OWNERS, in shares proportional to the area of the apartment (apartments) belonging to each owner. Who should install communal meters? The decision on this is made by the general meeting of home owners. Your right is to choose the type of meter, its cost, a reliable installation company that will install it for an affordable fee and give you an appropriate guarantee. If you do not do this yourself, then from July 1, 2012, the legal right to do this is FORCED (AND EVEN OBLIGED) by the resource supply organization (Vodokanal, Teploenergo, etc.) or the management company for subsequent payment, which will certainly be no lower than if You would choose the installation organization yourself. Payment by residents of this installation can be made in installments of up to 5 years.
Who is required to install communal metering devices?
- 1 Basic legal provisions
- 2 Who should pay for the installation of ODPU
- 3 Procedure for making decisions on installing meters and paying for work
- 4 The nuances of paying for the installation of ODPU
- 5 Features of the procedure
Basic legislative provisions The legislation of the Russian Federation requires apartment owners to equip their houses with communal metering devices. Photo No. 1 Absolutely any sphere of life of a citizen of the Russian Federation is regulated by the relevant legislative act.
Important
As for the procedure for installing the ODPU, in legal terms it is not so complex, but filled with a considerable number of nuances. Considering this topic under different angles, you may need to refer to some Federal laws and the Housing Code of the Russian Federation (LC RF).
Who should install communal heat meters?
Here is what is said about this in the Federal Law of the Russian Federation of November 23, 2009 N 261-FZ “On energy saving and increasing energy efficiency...”: “...5.
Until July 1, 2012, owners of premises in apartment buildings put into operation on the date of entry into force of this Federal Law are OBLIGED TO ENSURE that such buildings are equipped with water metering devices, natural gas, thermal energy, electrical energy, as well as putting installed metering devices into operation. At the same time, apartment buildings within the specified period must be equipped with collective (common house) metering devices used for water, thermal energy, electrical energy, as well as individual and common (for a communal apartment ) metering devices used for water, natural gas, electrical energy..... 12.
Installation of communal metering devices
Attention
This type of flowmeter is very sensitive to the presence of suspended solids in the coolant. particulate matter, creates hydraulic resistance flow, therefore it is used extremely rarely as communal heating meters. Ultrasonic meters are more expensive, but more reliable in operation and more accurately determine flow.
The device does not require frequent maintenance and does not create resistance, but it requires a certain space (a straight section of a set length in front and behind itself). If the pipeline does not flow completely pure water, then the measurement error increases. Electromagnetic meters also react to the quality of the supplied water, but only slightly and do not require direct measuring sections. Such metering devices are mainly used in apartment buildings as collective ones.
Who should pay for the installation of common house metering devices - from and to
Info
In the total consumption of heat energy, the part that falls on your living space is calculated, then it is multiplied by fixed tariff. The formula for calculating heating using a common house meter is as follows: P=Q total*S/S total*T, where:
- Q total – the volume of consumed heat according to the readings of the metering device in Gcal.
- S total – area of all residential, vacant and office premises in a house in apt.
m.
It is worth noting that recalculation of heating using a common house meter should in any case be carried out based on the average temperature regime for the heating season.
Common building meters for heating in apartment buildings
The task must be completed by the organization supplying heat to residential buildings, and they are also responsible for the maintenance and verification of heat meters until the residents organize their own association of co-owners. Important! The organization bears the main amount of the cost of equipment and its installation, but in the future these costs will be compensated by collecting additional funds from residents over several years. Installation of a communal heating meter You can obtain information about the possibility of installing metering devices in your management company or in the design office. But you need to take into account the fact that the installation of such equipment is associated with a decision organizational issues– the owners of some apartments may refuse additional costs.
The nuances of paying for the installation of ODPU How to pay for the installation of ODPU? Photo No. 4 When deciding to install an ODPU, it is necessary to take into account some nuances of payment for installation work. More precisely, they are as follows:
- Payment for the work is carried out from all owners of the apartment building in equal amounts.
- At the suggestion of ZhUK or the company that supplies resources to a particular house, residents can pay for the work in installments.
- The period for which residents must pay the installments has a maximum limit of 60 months. It is more precisely established in the relevant agreement.
- Installment plans can also be arranged when installing a meter in a private house.
- In some situations, additional fees for all residents of an apartment building can be avoided.
The need to install a heat meter The fact is that since the summer of 2012, the installation of heating meters has become mandatory throughout the Russian Federation, however, the payment amount will become lower only after a number of measures are completed, such as:
- High-quality insulation of the building.
- Full glazing of the house.
- Replacement wooden windows to metal-plastic.
- Insulation of the facade of the house with a “fur coat” made of mineral wool or polystyrene foam.
Residents who use the services district heating, it is necessary to understand that regardless of whether they consider the installation of meters beneficial or not, this does not in any way affect the need for their installation, since in accordance with Federal Law No. 261, apartment buildings must be equipped with meters without fail.
Whose responsibility is it to install communal heat meters?
But as practice shows, not all property owners were ready to bear such expenses, because installing a meter for one type of utility resource can cost about 100,000 rubles today. In addition, before installing a common house metering device, you need to conduct a condition survey engineering systems in the house for losses, and, if necessary, make repairs or additional insulation of water supply and heating pipes in order to avoid unnecessary leakage.
The decision to install communal metering devices is made at a general meeting of premises owners. Here an estimate with the cost, scope of work and payment procedure is approved, and an organization that is ready to carry out such work is selected.
When the metering devices are installed, they must be put into operation or, in other words, put on commercial registration.
The owners of premises in an apartment building are responsible for maintaining all common property in such a building. Accordingly, the installation of new equipment, including common house metering devices, which is mandatory according to the Federal Law of the Russian Federation of November 23, 2009.
N 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as the Federal Law), falls on the shoulders of premises owners. Metering devices for all types of utility resources: cold and hot water supply, heating, electricity supply and gas supply had to be installed before 07/01/2012.
According to the Energy Saving Law, until July 1, 2012, residents apartment buildings should have installed communal meters for water, electricity and heat, and meters for water and electricity - in each apartment. For those who didn’t have time or didn’t want to, the utility companies will install it, of course, not for free.
You can pay the bill in installments over five years, taking into account interest in the amount of the Central Bank refinancing rate, if you do not want to pay for the installation in a shorter time.
However, not all houses require or even possible the installation of communal meters. (Order of the Ministry of Regional Development of Russia dated December 29, 2011 N 627 “On approval of criteria for presence (absence) technical feasibility installation of individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report to determine the presence (absence) of the technical possibility of installing such metering devices and the procedure for filling it out" (Registered with the Ministry of Justice of Russia on April 23, 2012 N 23933).
Order No. 627. dated December 29, 2011, determines that the installation of utility meters is impossible if this requires:
— Reconstruction
— Creation of new in-house systems
General house meters are not installed if it is not possible to ensure compliance technical requirements to the place and order of their installation, as well as to create conditions for their proper operation.
The reasons for this may be:
- emergency condition of in-house systems,
- non-compliance with temperature conditions,
- non-compliance with permissible humidity,
- non-compliance with permissible electromagnetic interference,
- inability to provide access to them for readings and maintenance.
It is necessary to record that the house is really not suitable for installing metering devices in a special act. Its sample is given in “Order of the Ministry of Regional Development of Russia dated December 29, 2011 N 627.
The drawing up of such acts should be carried out by the management organization or the HOA.
The document can become a serious support for residents of unsafe and dilapidated houses, as well as houses with worn-out communications, who resist the installation of common house meters.
The owners foresee a sharp increase in one-way demand (after all, resources will simply “flow away” through emergency networks) and also see no point in installing expensive equipment in a dilapidated and inefficient building.
Residents want the communications to be put in order by the former owner (local administrations) in accordance with the Law of the Russian Federation dated July 4, 1991 N 1541-1 (as amended on June 11, 2008) “On the privatization of housing stock in the Russian Federation” before installing meters. Federation" Art. 16 of the Law “On Privatization”
The order of the Ministry of Regional Development came into force on September 1, 2012, and it will help such owners to obtain a deferment from the mandatory installation of metering devices for everyone, and also, if necessary, through the court to prove the illegal accrual of one-time tax if such a metering device was installed.
Will those who did not install meters on time be punished?
The legislation does not provide for any fines; those who do not have meters will pay according to the standards.
It is impossible to force any product on us against our will. And no one has the right to reconstruct our property without our consent. Therefore, it is likely that the installation of the meter and, more importantly, the payment of costs should be agreed upon with the owners of the premises.
But what the mechanism for agreeing with us on the price and type of meter will look like is still unclear. One can only assume that Vodokanals and energy companies will have to first approach residents with a commercial proposal and only after the owners approve it at a general meeting, install meters, and then issue an invoice for them.
Energy efficiency is fashionable. For this you can receive praise even from the head of the Ministry of Construction himself. And it is necessary and even profitable to engage in energy efficiency in small apartment buildings, since the opposite will lead to losses and fines. Don't believe me? Especially for you, the state in 2017 prepared a “gift” in the form of an obligation to supply general house thermal energy meters to apartment buildings, the maximum volume of thermal energy consumption in which is less than 0.2 Gigacalories per hour.
Many of you know that in apartment buildings, the maximum volume of thermal energy consumption in which is less than 0.2 Gigacalories per hour, common house metering devices (hereinafter referred to as UDPU) according to thermal energy there is no need to set. This, they say, is stated in the Federal Law of November 23, 2009 No. 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as -261-FZ).
I hasten to upset you, but this is no longer the case.
Since July 31, 2017, a new edition of 261-FZ has been in force. According to clause 8 of Article 13 261-FZ, owners of premises in apartment buildings whose maximum consumption of thermal energy is less than 0.2 Gcal per hour, O are obliged to ensure that such facilities are equipped with metering devices for used thermal energy, as well as putting the installed metering devices into operation.
In the new edition of 261-FZ, before July 1, 2018, resource supply organizations are required to submit proposals to the owners of premises in apartment buildings (with direct contracts) or management organizations (HOA) to equip apartment buildings with a maximum volume of thermal energy consumption of less than 0.2 Gcal per hour with metering devices used thermal energy (clause 10 of article 13 261-FZ).
In turn, management organizations and homeowners associations are obliged to inform the owners of premises about proposals received from the RSO for the installation of ODPU. (Clause 10 of Article 13 261-FZ).
Please note that if the management organization (HOA) fails to notify the owners of the premises about the RSO’s proposals for installing ODPU, the management organization (HOA) may be held liable under clause 5 of Article 9.16 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine for legal entities from 20,000 to 30,000 rubles .
As practice has shown, RSOs are in no particular hurry to install ODPU for thermal energy on MKD. The reason for the slowness is simple - RSO can earn good money from this.
Since January 1, 2017, a new version of the Rules, mandatory when concluding a contract for the supply of utilities, approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter referred to as Rules 124) has been in effect. According to clause 22 of Rule 124, if there is a responsibilities and technical ability to establish ODPU in the MKD and its absence, RSO has the right to use in settlements for goods delivered to the MKD thermal energy increasing coefficient, the value of which is set at 1.1.
The problem is that the management organization (HOA) cannot “recharge” the owners of the premises with the cost of thermal energy in the form of an increasing coefficient, which means that every month the management organization will have losses in the amount of 10% of the cost of the thermal energy supplied to the apartment building.
MKDs with a large area of premises on the territory of the Russian Federation are mostly equipped, but there will be problems with “trifles” over the next year:
According to 261-FZ RSO, after installing the ODPU in the MKD, is obliged to provide owners with installment plans for premises in apartment buildings, which means that it is first necessary due to working capital install ODPU, and then wait 5 years for the owners of the premises to pay off the RSO. This “injustice” for the RSO, which consists in the obligation to fulfill the requirements federal law, constantly “corrects” the fairest in the world Supreme Court of the Russian Federation, forcing management organizations and homeowners associations to pay the general public income tax payment. That is, RSO can determine small houses, and expose the entire cost of the ODPU to the management organization (HOA) without providing an installment plan for payment.
The increasing coefficient is not applied if there is an inspection report to establish the presence (absence) of the technical feasibility of installing the ODPU, which means, in order not to “get” the coefficient, the management organization has a year to draw up such acts. The procedure for determining the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the survey report to determine the presence (absence) of the technical feasibility of installing such metering devices and the procedure for filling it out are established by the Order of the Ministry of Regional Development of Russia dated December 29, 2011 No. 627
The legislator has not clearly defined how exactly management organizations and homeowners' associations should communicate information about proposals received from the RSO for the installation of ODPU to the owners of premises. As I see it, the best way would be to include the issue of the need to install ODPU on the agenda of the general meeting of premises owners.
In addition to all of the above, I would like to draw your attention to the fact that it is possible to charge the owners of premises in apartment buildings with the cost of general admission depends primarily on what was the reason for installing the ODPU:
If the owners decided to install ODPU, its cost is paid by the owners in the manner established by the decision of the general meeting.
If the ODPU is established by the management organization (HOA) based on instructions supervisory authority , then it will most likely not be possible to set the cost of the ODPU to the owners of the premises, since the work on installing the ODPU relates to energy-saving measures, and therefore must be carried out by the management organization (HOA) independently (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 29, 2010 N 6464/10 in case N A08 -4962/2009-27, paragraphs “and” clause 10 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491).
If the ODPU establishes the RSO and sets the cost of the ODPU to the management organization (HOA), then the installment plan should be provided to the owners of the premises by the management organization (HOA).
And finally.
There is a lovely document, namely Order of the Ministry of Energy of the Russian Federation dated 04/07/2010 No. 149 “On approval of the procedure for concluding and essential terms of the agreement governing the conditions for the installation, replacement and (or) operation of metering devices for energy resources used.” Read this order at your leisure, especially since with its help you can force the RSO to install the ODPU or give a certificate stating the impossibility of installing the ODPU, which will protect against the increasing coefficient.
Not everyone in RSO is happy...
Best regards, Yuri Kochetkov.