Light / Electrical connection
Broadcast electrical energy is constituent element power supply to end consumers of electrical energy. To carry out the transfer, the consumer must settle these relations with an authorized person. One of the settlement options is the conclusion of an agreement for the transmission of electrical energy.
Contract for the transmission of electrical energy - regulatory framework
The conclusion of an agreement for the transmission of electrical energy is regulated by the following regulatory legal acts:
- Civil Code Russian Federation(hereinafter referred to as the Civil Code);
- Federal Law No. 35-FZ dated March 26, 2003 “On the Electric Power Industry” (hereinafter referred to as the “Law on the Electric Power Industry”);
- Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, approved by Decree of the Government of the Russian Federation of December 27, 2004 No. 8613 (hereinafter referred to as the Rules);
- Decree of the Government of the Russian Federation dated February 26, 2004 No. 109 “On pricing of electrical and thermal energy in the Russian Federation”, etc.
In accordance with paragraph 4 of the Rules, services for the transmission of electrical energy are provided network organization on the basis of an agreement on the paid provision of services for the transmission of electrical energy. Such an agreement is public and mandatory for the network organization.
The essential terms of the contract for the transmission of electrical energy are established by the Rules. The main condition for concluding an agreement for the transfer of electrical energy is the presence of technological connection of the applicant’s power receiving devices to electrical networks network organization (clause 10 of the Rules).
However, in practice, cases arise when the applicant’s power receiving device is connected to the networks of a network organization through the power grid facilities of another person.
At the same time, this person has the opportunity to influence the applicant, for example, by disconnecting from his network, as well as by demanding to conclude an agreement for the transmission of electrical energy through his facilities for a fee. The question arises: is it possible to conclude such an agreement? It should be noted that in accordance with Art. 26 of the Electricity Law technological connection once. However, the Law does not stipulate which networks to join. Thus, if the applicant’s facilities are connected to the electrical networks of third parties (who are not a grid organization), reconnection is not required.
The indicated owners and other legal owners of electrical grid facilities, in accordance with clause 6 of the Rules, have the right to provide services for the transmission of electrical energy using the electrical grid facilities that belong to them after the tariff for services for the transmission of electrical energy has been established for them. In this case, the provisions of the Rules provided for network organizations apply.
Thus, the legislation allows the conclusion of an agreement for the transmission of electrical energy with a person who is not a network organization. At the same time, a mandatory (imperative) condition has been established: for such a person a tariff for the transmission of electrical energy must be determined. Otherwise, such a person is not authorized to enter into an agreement for the transmission of electrical energy, and the concluded agreement will not comply with mandatory norms of legislation.
In accordance with Art. 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void unless the law establishes that such a transaction is contestable or does not provide for other consequences of the violation.
Legal requirements for the owner of electrical networks
It should be noted that Art. 26 of the Law on Electric Power Industry, as well as clause 6 of the Rules, it is established that the owner of electrical grid facilities, using which the transmission of electrical energy and power supply to power receiving devices of another entity is carried out, does not have the right to impede the flow of electrical energy, as well as demand payment for the transportation of electrical energy through its power grid facilities.
In accordance with clauses 9, 10, part 1, art. 10 of the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition” (hereinafter referred to as the Law on the Protection of Competition), actions (inaction) of an economic entity occupying a dominant position are prohibited, the result of which is the creation of obstacles to access to the product market or exit from the product market other business entities, as well as violation of the established pricing procedure.
However, the owner of electric grid facilities, which are used to transmit electrical energy and supply energy to power receiving devices of another entity, does not seem to carry out activities that are classified as a natural monopoly. For example, the main activity of such an economic entity may be concluding sales and purchase agreements, rental agreements, leasing agreements, etc. At the same time, in accordance with paragraph 5 of Art. 5 of the Law on Protection of Competition, the dominant position is recognized as the position of an economic entity - a subject of a natural monopoly - in a product market that is in a state of natural monopoly.
In accordance with the Federal Law of August 17, 1995 No. 147-FZ “On Natural Monopolies” (hereinafter referred to as the Law on Natural Monopolies), a natural monopoly is a state of the product market in which satisfying demand in this market is more effective in the absence of competition due to technological features production (due to a significant decrease in production costs per unit of goods as production volume increases), and goods produced by subjects of a natural monopoly cannot be replaced in consumption by other goods, and therefore the demand in a given commodity market for goods produced by subjects natural monopolies are less dependent on changes in the price of this product than the demand for other types of goods.
The owner of electric networks as a natural monopoly: features of the legal status and the obligation to conclude an agreement for the transmission of electricity
The subject of a natural monopoly is an economic entity engaged in the production (sale) of goods under conditions of a natural monopoly. Services for the transmission of electrical energy in accordance with Art. 4 of the Law on Natural Monopolies are related to the areas of activity of subjects of natural monopolies.
Since the owner of electric grid facilities (whose main activity is, for example, concluding lease agreements) as an economic entity is not represented on the corresponding energy supply commodity market, i.e. does not have the status of a network organization, is not included in the register of natural monopoly entities, has not applied to the regulatory body to set a tariff, does not carry out technological connection to its electric networks, does not have investment program, which a network organization should have, its share in this product market is 0%.
At the same time, in accordance with the above standards, the owner of electrical grid facilities, actually providing services for the transmission of electrical energy and energy supply to the consumer, occupies a dominant position within the boundaries of the extent of its networks. See, for example, the practice of the FAS Russia, case No. 110/105-09 on violation of antimonopoly legislation in relation to Gema-invest CJSC; case No. 110/97-09 on violation of antimonopoly legislation in relation to Infocom CJSC, Decision dated June 18, 2010 in case No. A40-135438/09-122-999 of the Moscow Arbitration Court, Resolution of the Federal Court of the Moscow District dated December 28, 2010 No. KA-A41/15370-10 (1,2).
In order to be able to charge a fee for the transmission of electrical energy, the owner of electrical grid facilities is required to contact the tariff authority to establish a tariff for the transmission of electrical energy. If such a person nevertheless charges a fee for the transmission of electrical energy (or a fee for transformation, processing, etc.) without establishing a tariff, and also interferes with the flow of electrical energy, then these actions violate clauses 9, 10 of Part 1 of Art. 10 of the Law on Protection of Competition.
Thus, an agreement for the transmission of electrical energy through electric grid facilities of a person who is not a grid organization, concluded in the absence of a tariff, is void, as it violates mandatory norms of legislation.
In addition, the actions of a person who charges for the transmission of electrical energy through its electrical networks in the absence of a tariff, and also creates obstacles to the flow of electrical energy through its electrical networks in favor of another consumer, are a violation of antimonopoly legislation (in particular, a violation of the established pricing procedure and creating obstacles to access to the product market or exit from the product market for other economic entities).
Korneev O. S., chief specialist-expert of the Electric Power Control Department of the FAS Russia
September 3 this year 5 months have already passed (almost six months!!!) since the release of the order of the Government of the Russian Federation dated 04/03/2013 No. 511-r, which approved the Strategy for the Development of the Electric Grid Complex of the Russian Federation, and here on the website and in my email everything continues to do so regularly questions are coming in: “How to obtain the status of a network company?”, “How to become an electric network company?” etc. and so on.
No matter how much I wanted to “upset” the questioners, there is only one answer to all such questions: NO!!!
Looking ahead a little, I can note that more than half of those asking actually have the goal of obtaining only an approved tariff for the provision of electricity transmission services. Only they are mistaken and equate receiving this approved tariff with their organizations (and even citizens) receiving the status of an electric grid company. Below I will reveal the reason for such misconceptions. I hope that this will allow others (to whom I have not yet had time to give my personal explanations) to understand what the essence of their question is.
Returning to those who intend to create an electric grid company in the real meaning of this term, it can be noted that these are, as a rule, already existing legal entities(or groups of individuals) who have acquired operating power grid facilities involved in power supply to consumers in various (entirely legal) ways. And very rarely these are those who have just begun to think about this “fruitful” idea. And it is this minority that now finds itself in a more advantageous position.
They win, if only because they, I hope, will no longer have to contact me (and not only me, of course) with the question “How to get away from the status of a network organization?” And such questions have already begun to come to me.
The emergence of this issue was objectively predetermined, since conducting professional electrical network activities is an extremely responsible and costly process. Only when directly confronted with the burden of obligations imposed by law did the managers and owners of the newly created electric grid companies (having lost their euphoria) think and understand how difficult it is to fulfill them (the obligations) and how unprofitable it is.
It should be noted that earlier (quite a long time ago) I explained in some detail (to everyone who once asked for clarification) the very tedious procedure for creating electric grid companies, as well as subsequent organizational and economic problems their current activities. Which, in general, is what practice has confirmed. The incoming questions about how to now free ourselves from the status of a network organization are clear evidence of this.
This also frees me from unnecessary (and completely inappropriate here) repetition of all the difficulties of creating and further functioning of an electric grid company. Therefore, I will return to the main subject of discussion - the same Strategy for the Development of the Electric Grid Complex of the Russian Federation, with the mention of which I began my publication (we will further call it the Strategy). Moreover, it is enough just to analyze in detail its (Strategy) section on territorial network organizations.
Stating the current state of the Russian electrical grid complex, the Strategy emphasizes that the currently existing more than 3,000 territorial grid organizations (for comparison, there are about 800 in Germany) increase the risks regarding the operation of the electrical network and predetermine the suboptimal distribution of resources associated with its operation, maintenance and development.
Revealing further how exactly it is reflected Negative influence many territorial network organizations (and especially small ones), the Strategy provides for the phased application of measures to resolve the described problem. At the first stage (2014 - 2017), it is planned to reduce the number of territorial grid organizations based on the results of introducing criteria for classifying an organization as a territorial grid organization, as well as excluding the costs of “mono-grids” from the calculation of the “boiler” tariff. The strategy assumes that as a result of these measures, about half of existing network organizations that generate less than 10 percent of total industry revenue will not meet the criteria of territorial network organizations and will be forced to leave the market.
The second stage (during 2017 - 2030) includes the consolidation of territorial network organizations, using economic incentives associated with the implementation of tools comparative analysis and strengthening requirements for quality and reliability in tariff regulation. The result of consolidation by the end of the 2nd stage should be a reduction in the number of territorial network organizations to approximately the current number of such organizations in Germany (that is, up to 800).
Naturally, the upcoming processes will be very painful and therefore the Strategy provides for the development of a procedure for transferring territorial grid organizations that do not meet the established criteria, as well as those that have become unprofitable due to refusal to compensate for ineffective costs under tariff regulation, to the management of qualified grid organizations (by concluding agreements on the procedure for using , acquisition and (or) lease of networks).
Of course, everyone for whom the issue covered here is relevant should not limit themselves to reading this article. You definitely need to in full and carefully study the above order of the Government of the Russian Federation and the Strategy approved by it. This will undoubtedly allow you to better understand the topic and understand for yourself the futility of the conceived idea of creating a professional electric grid company. In light of the upcoming changes, this becomes meaningless. After all, it would be really difficult to explain the expediency of entering this market with great difficulties in order to leave it with even greater difficulties (and even with inevitable losses). Here, as they say, whoever didn’t have time is late. But this is not always a bad thing.
Returning to the misguided part of those asking how to become a network company, I note that the reason for the general misconception lies in ignoring the concept of a territorial network organization. Nobody pays attention to what the legislator indicated in paragraph 29 of Article 3 of the Federal Law “On Electric Power Industry” dated March 26, 2003 No. 35-FZ. It is this legal norm that states that a territorial grid organization is a commercial organization that provides services for the transmission of electrical energy using power grid facilities that are not related to the unified national (all-Russian) electrical network, and in cases established by the law “On Electric Power Industry” - using power grid facilities or part of these facilities included in the unified national (all-Russian) power grid.
Based on the analysis of the content of this legal norm the clear conclusion follows that only those commercial (I emphasize, commercial) organizations whose main statutory purpose is only the provision of electricity transmission services have the status of a network organization. Those organizations that are forced due to a combination of circumstances and the presence of electrical grid facilities from which third parties are supplied cannot apply for this status. For them, this activity is a side activity. The development and approval by regional tariff authorities of tariffs for electricity transmission services does not give them the right to assign it (status).
Legal basis economic relations in the electric power industry establishes the federal law(Federal Law) “On Electric Power Industry”, which defines the powers of the authorities state power to regulate these relations, the basic rights and obligations of electric power industry entities when they carry out activities in the electric power industry (including production in the mode of combined generation of electric and thermal energy) and consumers of electric energy.
Let's look at the basic terms used in this area.
Retail electricity (capacity) market– this is the sphere of purchase and sale of electricity (power) established legally in market conditions within the framework of the United Energy System (IES) and outside the wholesale market based on the balance of supply and demand of sellers and buyers without limiting the minimum volumes of sales and purchases of electricity (power).
Seller of electrical energy (power)– a legal entity or individual who has a license to sell electrical energy (power) within the framework of the UES to business entities, including (in the future) market entities in the wholesale and/or retail electricity (power) market.
Buyer of electrical energy (power) is a legal entity or individual who has the right to purchase electrical energy (power) within the framework of the UES as an economic entity, including (in the future) as a market entity in the wholesale and/or retail electricity (power) market for the purpose of resale or for own needs.
In accordance with the Federal Law “On Electric Power Industry” (Article 37, clause 1) to subjects of retail electricity markets include consumers of electrical energy, energy sales organizations, suppliers of last resort, territorial network organizations providing services for the transmission of electrical energy, subjects of operational dispatch control that carry out the specified management at the level of retail markets, producers of electrical energy that do not have the right to participate in the wholesale electricity market.
Electric grid organization is a legal entity that owns or has any other legal basis for electrical networks and carries out economic activity on transmission and distribution of electrical energy using power grid facilities. Upon joining power plants the authorized network organization to the power plant switchgears, the latter performs the functions of a network organization.
Electricity grid companies transport electrical energy from its producers to its consumers. Since the electrical grid sector is a natural monopoly, tariffs for the transmission of electrical energy are subject to government regulation. Energy tariffs are set not by energy producers, but by state energy commissions. Therefore, energy supply organizations are interested in high prices for electricity. For the state, it still remains a problem to find effective ways management of natural monopolies, since in a monopoly market the buyer of electricity cannot choose and control the supplier of the goods.
Natural monopoly- this is a state of a commodity market in which satisfying demand in this market is more effective in the absence of competition due to the technological features of production, and goods produced by subjects of a natural monopoly cannot be replaced in consumption by other goods, and therefore the demand in this commodity market is goods produced by subjects of natural monopolies are less dependent on changes in the price of this product than the demand for other types of goods.
TO government regulators relate:
Federal executive body – Federal Energy Commission (FEC) of the Russian Federation, carrying out state regulation of tariffs on issues related in accordance with the Federal Law “On state regulation of tariffs for electrical and thermal energy"(Article 6), to its powers;
executive authorities of the constituent entities of the Russian Federation - regional energy commissions (REC) subjects of the Russian Federation that carry out state regulation of tariffs on issues related in accordance with the specified Federal Law to their powers.
State regulation of electricity tariffs is due to the natural monopoly of energy supply organizations and, in accordance with Art. 3 of the Federal Law “On state regulation of tariffs for electrical and thermal energy” is carried out for the purposes of:
protecting the economic interests of consumers from monopolistic tariff increases;
creating a mechanism for coordinating the interests of producers and consumers of electrical energy;
creating a competitive environment in the electric power complex to increase the efficiency of its functioning and minimize tariffs;
creating economic incentives to ensure the use energy saving technologies in production processes;
providing legal entities - producers of electrical energy (capacity), regardless of organizational and legal forms, with the right of equal access to the Federal (all-Russian) wholesale electricity and capacity market (FOREM).
Thus, the goals defined by the law were to improve pricing in the domestic electric power industry. But, unfortunately, the tasks set by this Federal Law were not fulfilled.
Energy experts admit that investments in the activities of grid companies were mainly aimed at preventing and eliminating “fire” situations (such as, for example, the largest accident at the Chagino substation in May 2005 or peak loads in the Moscow region, when hot period due to increased electricity consumption by air conditioners, there is an acute power shortage, etc.). At the same time, the considerable reserve capacity of grid companies was idle during normal (failure-free) periods of operation of the power system without any benefit. As a result, technical and economic efficiency The current activities of network companies have been and remain at a low level.
It is for these reasons that the country’s leadership, at the suggestion of RAO UES of Russia, introduced new way financing capital investments of network companies - in the form of charging fees from potential consumers electrical energy for technological connection to power grids.
It is appropriate to recall here that since 1977, the electric power industry of a number of developed countries has been shaken by about 20 major accidents with a total loss of power of over 200 GW. The accidents were accompanied by a catastrophic deterioration in the living conditions of hundreds of millions of people. The largest of them occurred in August 2003 in the United States and Canada, with over 60 GW of consumer load disconnected for many hours. As a result, about 10 megacities of these countries were paralyzed, many thousands of people were locked in subway cars and elevators, the ventilation, water supply and sewerage systems stopped working, and the systems burglar alarm, which caused widespread looting. Direct damage amounted to about $30 billion.
After the aforementioned accident in August 2003 in the USA and Canada, the management of RAO UES of Russia held a meeting at which A. Chubais stated that this was impossible in our country, since the country’s electric power industry was built differently. But this was all in the past, when the main electric power assets of Russia, created during the Soviet period, were built on a centralized principle, which ensured trouble-free operation even during the economic crisis of the 1990s.
After the arrival of new management at RAO UES of Russia and, in fact, the removal of professionals from managing the industry, the transformation of the Unified Energy System of Russia began “in the American style”, without taking into account the specifics technological processes in branch. As a result, several large-scale accidents occurred, including in 2003 in the North Caucasus region with a shutdown of 600 MW (Promyshlennye Vedomosti, 2005, No. 4–5). On May 25, 2005, the already mentioned major accident occurred at the Chagino substation in Moscow, as a result of which the power supply was cut off for several hours in several districts of Moscow, the Moscow region, as well as Tula, Kaluga and Ryazan region. Several tens of thousands of people were trapped in stopped Moscow metro trains and in elevators, railway traffic was disrupted and the work of many commercial and government organizations was paralyzed. It must be taken into account that the consequences of accidents in power supply systems also affect water supply and heat supply systems, and this provokes additional protest sentiments in society.
Technological connection to electrical networks – independent species activities of electric grid companies - represents procedures for connecting energy receiving devices (power installations) of legal entities and individuals to electric networks. For the first time, the concept of “technological connection” appeared in the Federal Law “On Electric Power Industry” dated March 26, 2003 No. 35-FZ.
Technological connection – This is a set of the following activities carried out by a network organization on the basis of an agreement with the customer (applicant):
for preparation and delivery to the customer technical specifications(THAT);
on compliance by both parties with these specifications;
on the actual connection of the customer’s power receiving device to the electrical network of this electrical grid organization;
to ensure the operation of this energy receiving device;
to verify compliance with issued specifications;
on drawing up an act on technological connection of the electrical network;
for issuing permission to connect power.
Customer is a legal entity or individual who has declared the need to connect power receiving devices to the electrical network.
Energy receiving device – This is a set of machines (devices, lines and other equipment) that are owned by the customer or have other legal rights and provide the ability to consume electrical energy.
Electrical network is a set of electrical installations for the transmission and distribution of electrical energy, including substations, distribution devices(RU), conductors, overhead (VL) and cable (CL) power lines operating in a certain territory. The electric network in a market energy environment is one of the elements of a natural monopoly.
Authorized network organization for working with consumers (authorized network organization) is an electric grid organization that, in accordance with the legislation of the Russian Federation and a constituent entity of the Russian Federation, carries out technological connection of end consumers to distribution electric networks on the territory of a constituent entity of the Russian Federation. In Moscow, the authorized grid organization is OJSC MOESK. Organizations that have, on the right of ownership or other legal basis, RUs of generating sources are considered as network organizations.
Power grid facilities of the authorized network organization are a complex of equipment and transmitting devices, including distribution substations, distribution transformer substations(RTS), transformer substations (TS), connecting points and other energy facilities.
Territorial network organization represents commercial organization, providing services for the transmission of electrical energy using power grid facilities that are not related to the Unified National (All-Russian) Electric Network (UNEG).
Guarantee supplier is a commercial organization obliged, in accordance with the Federal Law “On Electric Power Industry” or voluntarily accepted obligations, to conclude an agreement for the purchase and sale of electrical energy with any consumer who contacts it or with a person acting on behalf and in the interests of the consumer and wishing to purchase electrical energy.
The main problems in the relationship between consumers of electrical energy and territorial network organizations in the field of technological connection are laid down in legislative and regulatory legal acts.
One of the main documents that electric grid organizations follow when connecting consumers to electric grids are the Rules for the technological connection of power receiving devices (power installations) of legal entities and individuals to electric grids, approved by Decree of the Government of the Russian Federation of December 27, 2004 No. 861 (as amended by Government Decree RF dated March 21, 2007 No. 168).
The rules determine the procedure for the technological connection of energy receiving devices (power installations) of legal entities and individuals to electrical networks, regulate the procedure for connecting energy receiving devices to the electrical networks of a network organization, determine the essential terms of the agreement on the implementation of technological connection to electrical networks, establish requirements for the issuance of technical specifications (individual) for connection to electrical networks and criteria for presence (absence) technical feasibility technological connection.
The Rules apply to cases of connection of power receiving devices that are being put into operation for the first time, previously connected and being reconstructed, the connected power of which is increasing, as well as to cases in which, in relation to previously connected power receiving devices, the category of reliability of power supply, connection points, and types of production activities that do not entail a revision are changed. values of connected power, but changing the external power supply scheme of such power receiving devices.
Unfortunately, in none regulatory document(GOST, Rules, Guidelines etc.) there is no definition of the term “reconstructed electrical installations”, which in some cases does not allow one to clearly and correctly determine the status of the electrical installation subject to technological connection to the power grid, as a result of which issues related to payment for such a connection remain open.
The grid organization is obliged to carry out technological connection measures in relation to any person who applies to it, provided that he complies with the specified Rules and if there is a technical possibility of technological connection.
In accordance with current Rules any persons have the right to technological connection of power transmission lines they have built to electrical networks.
When connecting power receiving devices to the switchgear of a power plant, the latter performs the functions of a network organization in terms of determining the technical feasibility of technological connection, agreeing on specifications with the subjects of operational dispatch control and related network organizations, as well as performing necessary conditions agreement.
When connecting the power grid facilities of one network organization (the owner or other legal owner of the power grid facilities included in the UNEG) to the power grid facilities of another network organization, an application for technological connection is submitted to the network organization whose power networks at a given connection point have more high class voltage.
When joining a network organization (owner or other legal owner of electric grid facilities included in the territorial distribution network) to an adjacent network organization having the same voltage class, an application for technological connection is submitted by that network organization that requires an increase in power flow.
Technological connection is carried out on the basis of an agreement concluded between the network organization and the legal or an individual, on time, established by the Rules. The conclusion of an agreement is mandatory for a network organization. In the event of an unreasonable refusal or evasion by a network organization from concluding a contract, the interested person has the right to file a claim in court to compel the conclusion of the contract and to recover damages caused by such an unjustified refusal or evasion.
The rules establish the following procedure for technological connection:
filing an application for technological connection by a legal or natural person (applicant) who intends to carry out technological connection, reconstruct and increase the capacity of power receiving devices, as well as change the category of reliability of power supply, connection points, types of production activities that do not entail a revision (increase) of the amount of connected capacity , but changing the external power supply scheme of the applicant’s power receiving devices;
conclusion of an agreement;
implementation by the parties to the agreement of the activities provided for in the agreement;
obtaining permission from the authorized federal executive body for technological supervision to allow the applicant’s facilities into operation;
drawing up an act on technological connection and an act of delimitation of balance sheet ownership and operational responsibility(ARBPiEO).
In relation to power receiving devices technologically connected to the electrical network before the entry into force of the Rules in question, no contract is concluded, and, therefore, There is no connection fee.
Technological connection is carried out on the basis of an agreement between the electric grid organization and the applicant within the time limits established by the Rules, exceeding which is unacceptable. But in practice, these deadlines are systematically and significantly exceeded (sometimes by 2–3 times!), as is the case, for example, in OJSC “MOESK”.
The basis for interaction between participants in the retail electricity market is established by the “Rules for the functioning of retail electricity markets during the transition period of reforming the electric power industry,” approved by Decree of the Government of the Russian Federation of August 31, 2006 No. 530.
The rules define participants in the retail electricity market, including: supplier of last resort, energy sales organizations, electricity producers, grid organizations and electricity consumers.
The central subject of the retail market is the supplier of last resort, who is obliged to conclude an agreement with any consumer who contacts him, located within the boundaries of his area of operation. All other electricity sellers are free to enter into contracts with consumers, that is, if such sellers and buyers do not agree on all terms of delivery, the contract will not be concluded and such sellers cannot be obliged to conclude an agreement.
If the buyer is not satisfied with his electricity seller, he can turn to the supplier of last resort at any time.
The rules establish a pricing system in the retail market, which provides for the supply of part of the volume of electricity at a regulated price, and part at a price reflecting the cost of electricity on the competitive wholesale market within the limits of unregulated prices.
At the same time, the supply of the entire actually consumed volume is guaranteed for the population during the transition period. at regulated prices.
The rules also determine other features of the functioning of energy sales organizations, in particular, the procedure for the actions of the energy sales organization and consumers, aimed at preventing cases when unscrupulous energy sales organizations may arise that offer consumers the sale of electrical energy in the absence of contracts ensuring the purchase of this electrical energy on the wholesale or retail market .
The rules provide for “synchronization” with the housing legislation of the Russian Federation and determine the procedure for the acquisition of electrical energy by organizations in the housing and communal services sector to provide utilities on power supply. And this is important because it allows citizens living in apartment buildings residential buildings, enter into agreements for the provision of electrical utility services with public utilities, homeowners' associations, management companies, etc.
Given the existing commercial relationships in the retail electricity market, the applicant (electricity consumer) has no one to even complain to. In the event of an unreasonable refusal or evasion by a network organization from concluding a contract, the interested party has the right only to file a claim in court to compel the conclusion of the contract and to recover damages caused by such an unjustified refusal or evasion.
Let's take a closer look at the process connection procedure. It includes the following steps:
filing an application for technological connection with a requirement to issue technical specifications;
preparation of specifications and approval of a draft agreement including specifications;
conclusion of an agreement;
fulfillment of specifications by both parties (applicant and network organization);
implementation of organizational and technical actions for connecting and ensuring the operation of a power receiving device in the electrical network;
checking compliance with specifications and drawing up a technological connection act.
Specifications in general case must contain:
size of the attached installed capacity and one-time load;
name of the object and its address;
conditions for performing the main scope of work (laying cables, expanding assemblies in transformer substations, etc.;
state of the electrical network (transformer neutral, voltage level at the connection point on 0.4 kV buses and in the transformer substation, conditions for calculating and selecting the rated three-phase short-circuit current on the 0.4 kV buses and in the transformer substation);
the need to choose the boundaries of balance sheet ownership and operational responsibility;
the need to install uninterruptible power supply units to supply power to individual special pantographs;
measures to maintain the quality of electricity in accordance with GOST 13109-87);
requirements for electricity metering devices;
a number of others technical requirements, the implementation of which is necessary to connect to the electrical network.
After fulfilling the technical conditions and the terms of the agreement on the implementation of technological connection in terms of payment for the connected capacity, a permit for its connection is issued.
Permission to connect power is a document issued by an authorized network organization to the customer after fulfilling the terms of the contract and agreeing on the procedure for operation and maintenance of cable lines with voltage up to 1 kV, giving the right to connect the customer’s power receiving devices to the electrical networks of the authorized network organization.
There are cases when the demands of electric grid companies regarding payment for connected capacity are unfounded and cannot be logically comprehended.
For example, when putting into operation a newly built residential building, which also has non-residential premises, the owners non-residential premises require a separate permit to connect power with appropriate payment. Such a requirement, in our opinion, is unlawful, since the power of electrical installations of non-residential premises is included in the power supply project for a residential building, allocated in the form of separate ASUs built into the residential building, “purchased” by the customer at the stage of construction of the residential building and agreed with all interested organizations, and the amount of permitted power for them is determined by a resolution (order) of the local government body.
For example, according to the order of the Moscow Government dated April 30, 2002 No. 618-RP “Procedure for power supply of built-in, built-in, attached premises without functional purpose", the calculation of reserved power for non-residential premises is based on 200 W per 1 m 2 of the total area of the premises. In this case, the power intended for non-residential premises must be indicated in the specifications for a residential building, separately for the residential part and non-residential premises, taken into account when calculating the load of the transformer substation supplying the house, and when calculating the cables connecting switchboards (ASU 0.4 kV) to TP.
Separate electrical switchboards are provided for the residential part of the house and non-residential premises, powered, as a rule, by two cable lines directly from the transformer substation. In some cases, with insignificant power reserved for non-residential premises (up to 15% of the load of the residential part of the house), it is allowed to power non-residential premises from the ASU of a residential building. In this case, between the ASU of the residential building and the common meter of the metering and distribution panel, protection devices are installed based on 200 W per 1 m2 of total area. The cross-section of the supply cable is also selected from the same calculation.
The number of non-residential premises is selected based on the calculation of 75-100 m2 per room, if their area is not specified in the design assignment.
To limit electricity consumption in metering and distribution panels in electrical switchboards for powering non-residential premises, single-pole circuit breakers at 16 A.
In this order it is noted that the owner of non-residential premises receives on account of the reserved power in the power grid company TU(permission) to connect the power of non-residential premises. When putting a residential building into operation, the customer transfers it to the branch (district) of the power grid company and the investor project documentation for power supply and electrical equipment of non-residential premises on the first floor. The power reserve period, according to the terms of the electric grid company, is no more than three years after the residential building is put into operation.
Owner of non-residential premises:
receives a technical specification (permission) to connect the power of a non-residential premises against the reserved power in the electric grid company;
receives specifications from Energosbyt for organizing accounting;
ensures the implementation of the project (scheme) for power supply of non-residential premises design organization which has a license for this type activities;
coordinates the power supply project (scheme) with Energosbyt in terms of electricity metering and with Rostechnadzor in full;
performs due to own funds and by a licensed organization, electrical installation and commissioning work;
receives a certificate of approval of electrical installations of non-residential premises for operation in Rostechnadzor;
enters into an energy supply agreement with Energosbyt.
Not all owners of non-residential premises have such information, and therefore they further actions connection to the electrical network (usually to the electrical switchboard of a residential building) and concluding an energy supply agreement are doomed to financial, moral and time costs that are unaffordable for many of them.
Let us recall that legal basis The functioning of retail electricity markets during the transition period of reforming the electric power industry is regulated by the approved decree of the Government of the Russian Federation “Rules for the functioning of retail electricity markets during the transition period of reforming the electric power industry” (there is still no idea when this transition period will end!). Under this government decree in 2007, in accordance with agreement No. 1 dated January 1, 2007, concluded with OJSC MGEsK, a large structure was organized in the power grid sector of the Moscow region - Energobalans-Stolitsa LLC, the creation of which, as already it was noted that it created confusion in the relationship between consumers of electrical energy and the energy sales organization.
The main objectives of the company were complete and reliable accounting of energy resources and control of its implementation by subjects of the retail market, which almost completely coincides with the objectives of Mosenergosbyt OJSC in terms of payment for electricity consumption.
If previously the cost of identified non-contractual electricity consumption was collected from the consumer by the energy sales organization, then with the advent of the new structure it began to be collected also from Energobalans-Stolitsa LLC. If previously consumers interacted only with the energy sales company in terms of payment for consumed electricity, now Energobalans-Stolitsa LLC has also joined this interaction. In addition to the price list for the provision of paid services by Mosenergosbyt OJSC, a price list for the provision of paid services by Energobalance-Stolitsa LLC has also appeared.
Situations arose when consumers of electrical energy were forced to pay for electricity in the pre-contractual period to both organizations, each of which threatened to disconnect the consumer from the network if their bills were not paid; claims and lawsuits appeared from each of the three parties to the conflict (from electricity consumers, Energobalans-Stolitsa LLC and Mosenergo-sbyt OJSC).
For example, the Moscow Department of the Federal Antimonopoly Service (FAS) of Russia established in the actions of MGEsK OJSC and Energobalans-Stolitsa LLC a violation of Part 1 of Art. 10 of the Federal Law “On the Protection of Competition” (abuse of a dominant position) – illegal shutdown of electricity from MIAN-Development CJSC in the presence of a power supply agreement with Mosenergo-sbyt OJSC. The department decided to apply administrative liability against the network company.
In another case, the Office of the Federal Antimonopoly Service of Russia for Moscow and the Moscow Region on May 29, 2008 also recognized MGEsK OJSC and Energobalans-Stolitsa LLC as violators of the same article of the Federal Law “On Protection of Competition” and ordered to stop the identified violations related to the failure of electricity supply CJSC Velari and Company, which has a contractual relationship with OJSC Mosenergosbyt. JSC "MGEsK" refused to connect to the voltage of the facility of JSC "Velari and Company" - if available current agreement power supply with OJSC Mosenergosbyt, permission to supply voltage to the specified facility, sent by OJSC Mosenergosbyt, copies of CL drawings, ARBPiEO between OJSC MGEsK and CJSC Velari and Company and permission to connect power to the network of OJSC MGEsK. Thus, MGEsK OJSC and Energobalans-Stolitsa LLC infringed on the interests of both Velari and Company CJSC and Mosenergosbyt OJSC, thereby violating the requirements of antimonopoly legislation.
The idea of creating a network organization “Energobalans-Stolitsa” competing with the energy sales company in this case did not work for a simple reason, namely: for competition to arise, there must be redundancy of supply. To the creators new organization it was necessary to understand that in conditions economic competition sellers of goods (entrepreneurs) independently look for consumers in order to achieve the goals of their entrepreneurial activity, increasing profits, expanding sales volume and strengthening its market status. Competition is the key to selling a product at a higher price. low prices and higher quality. In this case, the creation of Energobalans-Stolitsa LLC led to the opposite effect.
The permission to connect power is authorized to be signed by the first managers of the Connection Service of the electric grid company (the head and his deputies). If the permit is issued on special forms of the electric grid company, then printing is not required.
Permission to connect power is usually sent to several addresses:
the original permit is issued to the applicant;
copies of the permit are sent to the branch (district) of the electric grid company, to the territorial department of Rostekhnadzor, to the energy sales company, as well as to the local government (for example, the Department of Fuel and Energy).
There are repeated cases of violation of the law by electric grid companies when charging fees for connection to their electric grids.
For example, at the protest of the prosecutor's office in the Saratov region, fees for connecting to electrical networks were canceled in the absence of technical capabilities. The prosecutor's office considered that the tariff for connecting to electrical networks cannot be the same for all consumers - prices should depend on how many communications need to be laid in each specific case. Such illegal fees became an obstacle to small businesses and construction. In this case, the Tariff Regulation Committee of the Saratov Region in 2007 introduced a single fee from 8,000 to 16,000 rubles. (depending on voltage) for connection for consumers who do not have the technical ability to connect. According to the supervisory agency, “the law does not provide for the possibility of establishing a single fee for all consumers.” In each specific case, power engineers must calculate how much it will cost to build a new line; The Tariff Regulatory Committee is required to conduct an examination of the validity of the proposals and approve the individual price. By law, the future consumer must submit a plan for power receiving devices, a diagram of their networks and a list of equipment that can be connected to emergency automation. The power engineers expanded this list at their own discretion, namely: they additionally demanded a certificate of land ownership, a certificate “confirming the authority to submit an application,” etc.
The prosecutor's office stated that “any entrepreneur, starting production, is most concerned about connecting to networks. If at the same time they take money from him for unknown reasons and in large quantities, and even with red tape, serious obstacles arise in the development of a business, especially a small one” (based on materials from Novaya Gazeta, May 6, 2008).
A criminal case under the article of the Criminal Code of the Russian Federation “Illegal termination or restriction of the supply of electricity to consumers” on the fact of an illegal power outage in the city of Mytishchi, Moscow Region, was initiated by the Mytishchi city prosecutor’s office against the energy supply organization, which retroactively raised the electricity tariff, as a result of which almost all city organizations found themselves in debt. Perpetrators of such a criminal act face punishment of up to two years in prison.
Electric grid organizations (Business Activity Company LLC, Kaliningradryba JSC, Kaliningradgeofizika JSC, Silikatstrom JSC, MKP UK Vagonostroitel) in Kaliningrad also engaged in similar arbitrariness.
The Prosecutor's Office of the Oktyabrsky District of Kaliningrad, with the involvement of specialists from the Service for State Regulation of Prices and Tariffs of the Kaliningrad Region, checked the implementation of legislation by network organizations when connecting consumers to electric power facilities in terms of applying the tariff for services for transmitting electricity to consumers.
The audit found that these organizations violated the requirements current legislation and issued invoices for payment of electricity transmission services to sub-subscribers. Based on the results of the inspection, decisions were made against these organizations to initiate proceedings on administrative offenses under Part 1 of Art. 14.6 of the Code of Administrative Offenses of the Russian Federation (violation of pricing procedures). The inspection materials were sent to the Service for State Regulation of Prices and Tariffs of the Kaliningrad Region for consideration and decision-making.
A clear example of unauthorized actions on the part of Energobalans-Stolitsa LLC is the document of the Moscow College of Arbitration Lawyers on invalidating a non-normative act - an inspection report for consumer electrical installations drawn up by Energobalans-Stolitsa LLC. The text of the act contains an order according to which the electricity consumer must submit technical documentation on the introduction of restrictions on the consumption of electrical energy. The consumer has a relationship with Mosenergosbyt OJSC, to which he regularly pays invoices issued by Mosenergosbyt OJSC. He has no debt on electricity payments to Mosenergosbyt OJSC. As a result, the contested order does not comply with the law, namely para. 2 p. 2 art. 546 of the Civil Code of the Russian Federation “Stopping or limiting the supply of energy without the consent of the subscriber - a legal entity, but with an appropriate warning is permitted in the manner prescribed by law or other legal acts in the event of a violation by the specified subscriber of obligations to pay for energy.”
In this situation, Energobalans-Stolitsa LLC did not take into account that the plaintiff did not violate its obligations to pay for energy and there was no debt.
A similar conflict situation arose with a branch of a foreign company in Russia, Health Tech Property Limited, which is the owner of non-residential premises in the center of Moscow. A representative of Energobalans-Stolitsa LLC ordered this company to sign an act on non-contractual electricity consumption and draw up an “Agreement on payment of the cost of non-contractual electricity consumption.” In his opinion, the current agreement with Mosenergosbyt OJSC is invalid. As a result, Energobalans-Stolitsa LLC notified the company of disconnection from the power grid, despite the fact that there was no debt on the part of the company to pay for electricity and the technological connection to the power grid was carried out in the prescribed manner - on the basis of a permit to connect power. The case was referred to the arbitration court, in which the plaintiff (company), guided by Articles 197, 198, 199 of the Arbitration Procedure Code of the Russian Federation, demanded that the actions of Energobalance-Stolitsa LLC be declared illegal, and also prohibit Energobalance-Stolitsa LLC from introducing restrictions on the electricity consumption regime in regarding the company.
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07.09.2015
As Kommersant learned, up to 40% of territorial grid organizations (TGOs) in the North-Western District, owning a capacity of less than 10 MBA or transmission lines of only one voltage level, may lose their status and be left without a tariff in 2016. The reason is that these TCOs do not meet the criteria adopted by the federal government. According to Kommersant's estimates, small TSOs earned about 4 billion rubles, which they now stand to lose. Market participants believe that network operators need to consolidate in order to meet the criteria, or come under the wing of the “boiler holder” IDGC of the North-West, otherwise their consumers may have problems with energy supply.
Kommersant has at its disposal a preliminary list of TGOs that did not pass the criteria (according to government decree N 184 of February 28, 2015) in seven regions of IDGC of the North-West operation. According to the document, by 2016, about 60 TSOs, or up to 40% of the total number of North-Western grid organizations, may lose their status. Its loss does not mean that legal entities operating the electric grid will leave the market, but they will lose compensation for the costs of maintaining the networks in the form of a tariff. We note that official data from regional energy commissions (RECs) on the exclusion of TGOs that do not pass the criteria from the list of regulated organizations have not yet been published. The non-profit partnership TSO (NP TSO, represents the interests of TSO at the federal level) confirmed to Kommersant that the RECs have not revised the tariff for 40% of TSO in different regions Russia to the next period of regulation - and the picture is approximately the same everywhere.
According to government criteria, a network organization is considered a TCO if it owns power transformers total power at least 10 MVA and transmission lines of at least two voltage levels. On the regulatory side, TGOs should not be subject to a threefold reduction in the tariff coefficient for the three previous regulatory periods. Also, such organizations must have a dedicated subscriber number and website.
The Ministry of Energy lobbied for the creation of criteria for TSO, arguing that it would reduce the growth of electricity transmission tariffs for end consumers. The point is that the presence large quantity"small" TSO leads to suboptimal allocation of resources for operating the power grid, including an increase in operating costs for maintaining maintenance personnel and dispatching due to duplication of functions. And in each region, the costs of all network organizations are included in a single “boiler” tariff. First, such a tariff is received by the “boiler holder” (these are, as a rule, subsidiaries of PJSC Rosseti), and then the money is distributed among all networks. Now, TSOs that do not pass the criteria will not receive money from the “boiler”. According to Kommersant’s calculations, TCOs in the regions of operation of IDGC of the North-West accumulate about 10.8 billion rubles in tariff revenue (based on the “boiler” tariffs established by the Regional Energy Commission in 2015), accordingly, the deprivation of tariffs to 40% of such organizations will reduce the total “cauldron” of regions worth approximately 4 billion rubles.
The head of NP TSO Alexander Khurudzhi reminds that TGOs that do not pass the criteria can either enlarge by purchasing or leasing additional assets, or lease (or sell) their own assets to larger TGOs, or continue to operate grid facilities without a tariff. In the latter case, according to Mr. Khurudzhi, the consumer is obliged to enter into an agreement with an adjacent (superior) network organization, to whose networks the TSO facilities deprived of status are connected, and it is this organization that will be responsible for the reliable energy supply of the consumer. “However, legally it is still unclear how a higher-level network organization will carry out repairs at the facilities of an organization that has been deprived of TSO status, without having the legal rights to do so and financial resources", he says. NP TSO experts also told Kommersant that the issue with the "disenfranchised" is being resolved in the regions "manually", the authorities are trying to convince these organizations to choose the first or second options of action and have given the right to think until the first of October.
IDGC of the North-West told Kommersant that they have the intention of consolidating networks that do not meet the criteria at their base, but everything depends on the decisions made by the regional distribution and distribution boards, and on what work the TCOs themselves will do. Market participants interviewed by Kommersant intend to grow larger in order to meet the criteria.
Director of JSC Elektroset (TCO in the Vologda region, owns less than 10 MBAs) Sergei Durnov said that the company is now preparing an agreement to lease additional electrical grid facilities from an industrial enterprise. The head of Karelian Electric Grid Company LLC, Alexander Lysanov, says that the company, despite meeting the capacity criteria, must renew network lease agreements in order to receive a tariff.
At the same time, the opinion of market participants about the new criteria varies from “fair laws” to “state racketeering”. “Almost all of our power grid property is owned and not leased. If we cannot maintain the status of a TSO and receive compensation for costs in the form of a tariff, then the state is forcing us to work for free or sell the property for next to nothing. At the normal price, this property is neither There is no need for a municipal unitary enterprise “at the bottom” or a “boiler holder” “at the top,” says Mr. Durnov.
Alexey Kirichenko,
Boris Gorlin
kommersant.ru