Resolution 442 p. 152. Rules for complete and (or) partial limitation of the mode of consumption of electrical energy. II. The procedure for limiting the consumption mode
Energy is one of the infrastructural sectors of the economy, the state of which, of course, determines the advancement and progress of the country as a whole. The most important condition for successful reform and effective development and operation of the electric power industry is the formation of a developed regulatory framework.
The date of the beginning of the transformation of the Russian electric power industry can be considered July 11, 2001, when the Government decree was signed Russian Federation No. 526 “On reforming the electric power industry of the Russian Federation.”
Adopted in 2003 the federal law dated March 26, 2003 No. 35-FZ “On the Electric Power Industry” (hereinafter referred to as the Law on the Electric Power Industry), which defined the concept and basic principles of the country’s new electric power industry model and laid the legal basis for the functioning of the reformed electric power industry.
Currently, the process of reforming the electric power industry is actively continuing in Russia. Over the past few years, regulatory regulation of the industry has been improved by by-laws adopted by the Government of the Russian Federation, which the Electricity Law has vested with the authority to approve by-laws aimed at more detailed regulation of relations in the electric power industry.
Decree of the Government of the Russian Federation dated December 29, 2011 No. 1178 approved the Principles of pricing in the field of regulated prices (tariffs) in the electric power industry (hereinafter referred to as the Fundamentals of Pricing No. 1178) and the Rules of state regulation (revision, application) of prices (tariffs) in the electric power industry.
Decree of the Government of the Russian Federation dated May 4, 2012 No. 442 “On the functioning of retail electricity markets, complete and (or) partial restrictions on the mode of consumption of electrical energy” (hereinafter referred to as Resolution No. 442) approved the Basic Provisions for the functioning of retail electricity markets (hereinafter referred to as the Basic Provisions No. 442) and Rules for complete and (or) partial restrictions on the mode of consumption of electrical energy (hereinafter referred to as Rules No. 442), aimed at protecting the interests of bona fide consumers and suppliers and ensuring the development of competition while maintaining the reliability of electricity supply.
In connection with the adoption of the said Resolution No. 442, amendments were made to the acts of the Government of the Russian Federation on the functioning of retail electricity markets, including Resolution of the Government of the Russian Federation dated December 27, 2004 No. 861 “On approval of the Rules for non-discriminatory access to services for the transmission of electrical energy and provision of these services, Rules for non-discriminatory access to services for operational dispatch control in the electric power industry and the provision of these services, Rules for non-discriminatory access to the services of the administrator of the wholesale market trading system and the provision of these services and Rules for the technological connection of power receiving devices of electrical energy consumers, electrical energy production facilities , as well as electric grid facilities belonging to grid organizations and other persons, to electric grids” (hereinafter referred to as Rules No. 861).
It should be noted that from the moment the Government of the Russian Federation adopted Resolution No. 442, a new stage in reforming the electric power industry of the Russian Federation began. The changes are aimed at increasing the transparency of settlements in the retail market of electrical energy and power, which entailed a change in the principles of pricing for electrical energy and power.
The purpose of this study is to, based on the decisions of the Federal Arbitration Court of the Volga-Vyatka District, adopted from January 2013 to April 2014, to identify some approaches developed to date judicial practice when resolving disputes related to the application of Resolution No. 442.
An analysis of legal disputes related to the application of legislation regulating relations on the transmission of electrical energy indicates a variety of claims brought and methods of defense chosen by the parties. These include claims for coercion to conclude a contract and coercion to fulfill obligations under the contract; on the settlement of disagreements when concluding an agreement; on invalidation of the contract and individual clauses of the contract; on recovery of losses caused by improper performance of the contract; on collection of debt for services rendered in the transmission of electrical energy and interest for the use of other people's funds; on the recovery of unjust enrichment.
Disputes regarding conclusion and terminationcontracts ensuring the sale of electrical energy
In modern conditions, regulation of the processes of production, transmission and consumption of electrical energy is ensured by a whole system of contracts, each of which must regulate its own sphere of relations. However, the use of various contractual structures in the energy sector leads to serious complications law enforcement, and above all judicial practice. Paragraph 27 of the Basic Provisions No. 442 establishes that electrical energy is sold in retail markets on the basis of the following types of contracts ensuring the sale of electrical energy:
Energy supply agreement;
Contract for the purchase and sale (supply) of electrical energy.
Fundamental provisions No. 442 for the first time establish the legal definition of an energy supply agreement regulating relations in retail electricity markets. It differs from the definition established by Article 539 of the Civil Code of the Russian Federation. According to paragraph 28 of the Basic Provisions No. 442, under the energy supply agreement, the supplier of last resort undertakes to sell electrical energy (power), as well as independently or through involved third parties to provide services for the transmission of electrical energy and services, the provision of which is an integral part of the process of supplying electrical energy to consumers, and consumer (buyer) - pay for purchased electrical energy (power) and services provided. Under the contract for the purchase and sale (supply) of electrical energy (power), the supplier of last resort undertakes to sell electrical energy (power), and the consumer (buyer) undertakes to accept and pay for the purchased electrical energy (power) (clause 29 of the Basic Provisions No. 442).
The question arises: what is the difference between an energy supply agreement and an electricity purchase and sale agreement? Detailed analysis of provisions current legislation allows us to conclude that the differences between these contracts lie only in their designs: if in the energy supply contract, the seller’s responsibilities include, in addition to transferring the right to sold electricity, also the obligation to ensure the provision of services to the consumer that are an integral part of the energy supply process, then under the purchase and sale (supply) agreement Electricity provides for the obligation only to submit rights to the sold electrical energy (to sell electrical energy). It should be noted that both contracts can be concluded either by the supplier of last resort or by the energy sales organization.
It is of great importance that if these contracts are concluded with a guaranteeing supplier, they are public.
An agreement for the purchase and sale (supply) of electrical energy (power), a type of which is an agreement for the purchase and sale of electrical energy for the purpose of compensation for losses, is public and obligatory for conclusion by the guaranteeing supplier.
Thus, during the consideration of a dispute regarding the settlement of disagreements when concluding an agreement for the purchase and sale of electrical energy to compensate for losses in electrical networks in the court of appeal, the plaintiff (supplier of last resort) filed a motion to abandon the claim, which was considered and rejected by the court of appeal.
Having considered the plaintiff’s argument about the unreasonable refusal to satisfy the petition, the district court pointed out that the guaranteeing supplier of electrical energy is a commercial organization that is obliged to enter into an agreement for the purchase and sale of electrical energy with any consumer of electrical energy that applies to it, including a network organization (defendant). The contract regarding which the parties have a disagreement is public and binding on the plaintiff. The supplier of last resort, having declared a waiver of claims in the court of appeal, actually avoids concluding a public contract, which, by virtue of paragraphs 9 and 29 of Basic Provisions No. 442 and Article 426 of the Civil Code of the Russian Federation, is unacceptable.
The supplier of last resort, on the basis of paragraphs 1 and 4 of Article 445 of the Civil Code of the Russian Federation, has the right to go to court to resolve a dispute that arose with the network organization when concluding an electricity purchase and sale agreement in order to compensate for losses.
The reason for filing a claim with the guaranteeing supplier against the network organization in the arbitration court was the failure of the parties to resolve disagreements that arose when concluding an agreement for the purchase and sale of electrical energy to compensate for losses in electrical networks.
The courts found that the obligation of the network organization to conclude an agreement for the purchase and sale of electrical energy in order to compensate for losses is provided for by the Electricity Law, therefore the supplier of last resort had the right to go to court to protect its rights in accordance with paragraphs 1 and 4 of Article 445 of the Civil Code of the Russian Federation.
Based on Article 32 of the Law on Electric Power Industry, Article 445 of the Civil Code of the Russian Federation and paragraph 128 of the Basic Provisions No. 442, the network organization’s arguments that only the network organization (defendant) has the right to file a claim for the settlement of disagreements, since the conclusion of an electricity purchase and sale agreement for the purposes of compensation for losses mandatory for the supplier of last resort, the district court rejected it as contrary to the interpretation of Article 32 of the Electricity Act. The cassation court noted that the electricity purchase and sale agreement for the purpose of compensation for losses is aimed at restoring the rights of the guaranteeing supplier; The obligation to conclude such an agreement by the network organization is provided for by law.
In judicial practice, difficulties also arise as to whether the claims of the guaranteeing supplier brought against the consumer for termination of the energy supply contract due to violation of obligations to pay for consumed electrical energy should be considered in the event that the guaranteeing supplier did not exercise the right to unilaterally refuse to fulfill the contract .
It is necessary to pay attention to the fact that the Civil Code of the Russian Federation provides for unilateral refusal to perform a contract along with the possibility of terminating the contract at the request of one of the parties.
What is the difference between a unilateral refusal to perform a contract and the actual termination of a contract?
These methods differ in the order in which they are applied.
Unilateral refusal is implemented externally judicial procedure and leads to the termination of the contractual legal relationship from the moment the other party receives notification of unilateral refusal.
As for termination of the contract, it is possible only by a court decision.
What these methods have in common is that they both lead to the termination of the contractual relationship.
The plaintiff cannot be limited in choosing a method of protecting the violated right, which directly leads to a general legal consequence - the termination of the contractual legal relationship.
The Federal Arbitration Court of the Volga-Vyatka District, considering this category of disputes, took a firm position that availability of rightssupplier of last resortfor unilateral refusal to fulfill the contractenergy supply due to violation of obligations to pay for consumed electrical energydoes not deprive the plaintiff of the right to demand termination of the contract in court.
Thus, in one of the cases, when considering a claim for termination of an energy supply contract due to repeated violation of obligations to pay for the supplied electrical energy, the courts of the first and appellate instances indicated that the stated claim was unfounded, since the supplier of last resort did not exercise its right to unilaterally refuse to fulfill obligations.
Referring to paragraph 53 of the Basic Provisions No. 442, which establishes the right of the guaranteeing supplier to unilaterally refuse to fulfill the contract in full if the consumer fails to fulfill or improperly fulfills payment obligations, as well as Articles 450 - 452 of the Civil Code of the Russian Federation, the district court considered it possible filing a claim by the guaranteeing supplier for termination of the energy supply contract. The cassation court noted that judicial termination of a contract is an exceptional measure, and therefore, in order to terminate an energy supply contract in court, it is not enough only for the plaintiff’s argument that the defendant improperly fulfilled the terms of the contract for payment for the supplied resource; it is also necessary to prove that the defendant violated the contract entailed such damage to him that he was largely deprived of what he had the right to count on when concluding the contract.
Disputes concerning the onset of civil liability foragreements ensuring the sale of electrical energy
Based on the provisions of Article 38 of the Electricity Law and paragraph 7 of Basic Provisions No. 442, electric power industry entities providing electricity supply to consumers, including suppliers of last resort, energy sales (energy supply) organizations, in the course of fulfilling their obligations under contracts concluded by them on the wholesale market and retail markets agreements through joint actions ensure the reliability of supply to consumers and the quality of electrical energy in retail markets in accordance with the requirements of technical regulations and other mandatory requirements.
Current legislation provides for liability of guaranteeing suppliers and network organizations to consumers in two cases:
For violation of the requirements for the reliability of supply of electrical energy to the consumer and its quality (clauses 7, 30 and 40 of the Basic Provisions No. 442);
For the unreasonable introduction of restrictions on the mode of consumption of electrical energy (clause 25 of Rules No. 442).
It should be noted that under an energy supply agreement, the supplier of last resort is liable to the consumer (buyer) for failure to fulfill or improper fulfillment of obligations under the agreement, including for the actions of the network organization engaged to provide services for the transmission of electrical energy, as well as other persons engaged to provide services that are an integral part of the process of supplying electrical energy to consumers (clause 30 of the Basic Provisions No. 442).
Thus, termination of the supply of electricity to the consumer due to the actions of a third party entails liability for the supplier of last resort for violation of obligations under the energy supply contract.
In one of the cases, the consumer filed a claim for recovery from the guaranteeing supplier of real damage amounting to the cost of damaged products as a result of the interruption of the supply of electrical energy.
Guided by paragraphs 7, 28 and 30 of the Basic Provisions No. 442, the courts of first and appellate instances came to the conclusion that the set of conditions necessary to impose liability on the guaranteeing supplier in the form of damages was proven, and therefore satisfied the claims. The cassation court considered the adopted judicial acts to be legal and justified.
When considering the dispute, the courts established, based on the case materials, the fact of a power outage at a facility owned by the consumer, the amount of damage and the reasons for damage to the products. The courts noted that a break in the supply of electrical energy to the pole through which the plaintiff’s facility is supplied with energy due to the actions of a third party does not relieve the supplier of last resort from liability for non-fulfillment or improper fulfillment of obligations under the energy supply contract.
In the practice of the district court, there are other disputes regarding the recovery of losses caused to the consumer that arose due to a power outage as a result of the actions (inactions) of the network company.
Disputes regarding violation by a subscriber (consumer) of the procedure for paying for consumed electricity
When considering this category of disputes, questions often arise regarding the application of the amount of power (declared or actual) and the tariff (single-rate or two-rate) to be applied when calculating the supplied electrical energy.
From the date of entry into force of Decree of the Government of the Russian Federation No. 442, according to which amendments were made to paragraph 47 of Rules No. 861 and supplemented by paragraph 15(1), the declared power ceases to participate as an estimated value in determining the cost of services provided for the transmission of electrical energy. At the same time, the features of the transition to new order payment for services provided for certain categories of consumers.
Thus, if it is necessary to use actual or declared power in payments for services rendered for the transmission of electrical energy, the position of the Federal Arbitration Court of the Volga-Vyatka District is that for guaranteeing suppliers (energy sales organizations) a special period has been established when the network organization is obliged to calculate the cost with application of the procedure for determining the scope of services provided for in paragraph 4 of paragraph 15 (1) of Regulations No. 861 - no later than 01/01/2013. From this date, the network organization has no right to demand the use of a different method for determining obligations to pay for services.
Thus, until January 1, 2013, the parties have the right to switch to using actual power in payments for services provided for the transmission of electrical energy only if there is an appropriate agreement.
As part of the consideration of the dispute regarding the collection of debt for payment for electric energy transmission services for July 2012, disagreements between the parties were associated with the use of power in calculations. The Contractor established the volumes of services provided taking into account the declared capacity agreed by the parties for 2012 in the contract for the provision of services for the transmission of electrical energy. The customer indicated the need, by virtue of paragraph 4 of clause 15 (1) of Rules No. 861 (as amended by Decree of the Government of the Russian Federation No. 442), to use actual power in calculations.
The courts of the first and appellate instances recognized the calculation of the services provided by the contractor as corresponding to the terms of the contract and not contradicting the current legislation.
The courts rejected the customer’s position, citing the provisions of paragraph 15 (1) of Rules No. 861, under the terms of which the determination of the obligations of the energy sales organization, acting in the interests of the electricity consumers it serves under energy supply contracts, to pay for services for the transmission of electric energy is carried out in accordance with the newly established order no later than 01/01/2013, as well as the lack of proof that the parties introduced changes to the terms of the agreement concluded by the parties.
The courts of cassation and supervisory instances indicated the legality of the courts’ conclusion that the provisions of paragraph two of paragraph 47 of Rule No. 861 acquire the nature of a mandatory norm for the subjects of the disputed agreement from 01/01/2013. Based on this, the courts rightfully did not see any basis for calculating the cost of electric energy transmission services provided in July 2012 based on actual power.
This position is adhered to in practice by the Federal Arbitration Court of the Moscow District and the Federal Arbitration Court of the North-Western District.
Meanwhile, in the practice of the Federal Arbitration Courts of the North-Western and West Siberian Districts, there is an excellent point of view on the issues considered. The courts believe that paragraph 47 of Rules No. 861, which contains a ban on the use of the declared power value when paying for services for the transmission of electrical energy, came into force on June 12, 2012, therefore, with the introduction of these changes to the legislation, payments for these services should be made taking into account the actual power.
It seems that in order to establish clear certainty for the consideration of similar disputes, it is necessary to clarify this issue in the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation.
In the practice of considering these disputes, situations also arise when the parties do not agree on the amount of declared power used in payments for services provided for the transmission of electrical energy.
Practice of the Federal Arbitration Court of the Volga-Vyatka District on this issue formed in such a way that if there is no agreement between the parties on the amount of power, the calculation of the cost of services for the transmission of electrical energy produced until January 01, 2013,carried out based on the amount of power established in the tariff for the provision of these services.
In one of the cases, the subject of the claim was the collection of debt for services for the transmission of electrical energy in relation to newly connected consumers who were not included in the contract for the provision of services for the transmission of electrical energy.
The courts of the first and appellate instances found that in 2011, technological connection was carried out to 216 customers of the customer, to whom the contractor provided electricity transmission services without making changes to the contract for the provision of electric energy transmission services. The customer, as a professional participant in the retail electricity market, could not be unaware of the procedure for payment for electricity transmission services applied in accordance with current legislation in the absence of an agreement between the parties on the amount of consumer power. Having information about the power value of newly connected consumers, the applicant did not take appropriate measures to adjust the power value for the corresponding regulation period.
Based on these circumstances, the courts came to the conclusion that it was legal to calculate the cost of services based on the amount of power taken into account by the authorized body when setting the tariff for 2012.
The district court considered the adopted judicial acts to be lawful, indicating that the use of actual power for the purposes of payments for electricity transmission services provided is mandatory from 01/01/2013, unless the parties agreed otherwise. There is no agreement between the contractor and the customer of services on the possibility of using actual power in calculations.
The supervisory court did not see any grounds for referring this dispute to the Presidium of the Supreme Arbitration Court of the Russian Federation.
As for the application of the tariff when calculating the cost of services provided, in connection with the adoption of Resolution of the Government of the Russian Federation No. 442, changes were made to paragraph 81 of the Pricing Fundamentals No. 1178, from an analysis of the provisions of which it follows that the consumer of electric energy transmission services has the right to choose a tariff option for the next year ; To exercise this right, the consumer must notify the territorial network organization of his decision within one month from the date of official publication of the tariff decision; in this case, a unilateral expression of the will of the service consumer is sufficient.
Taking into account the provisions of Pricing Fundamentals No. 1178, under which one or another tariff option is applied, consumers have the right to choose a tariff, with the exception of:
The population and (or) categories of consumers equated to it;
Consumers whose power receiving devices are directly connected to power grid facilities included in the unified national (all-Russian) power grid that are leased to territorial grid organizations by agreement in accordance with the established procedure with the authorized federal executive body;
Guarantee suppliers acting in the interests of these consumers.
Thus, when applying the above provisions of the current legislation, the Federal Arbitration Court of the Volga-Vyatka District takes the position that until January 1, 2013, the consumer does not have the right to unilaterally change the tariff option agreed upon by the parties, used when calculating the cost of services provided for the transmission of electrical energy.
When establishing the tariff option used in calculating the cost of electric energy transmission services provided in November 2012, the courts pointed to the legality of using in the calculations of the parties a single-rate tariff established by the contractor and the customer of the services in the contract for the provision of electric energy transmission services.
The cassation court rejected the consumer's claim that by applying a two-part tariff when calculating the cost of services provided during the disputed period, he exercised, in accordance with paragraph 81 of the Pricing Fundamentals No. 1178, the right to choose a tariff during the regulation period. The district court justified this by the fact that the agreement on the provision of services for the transmission of electrical energy to a single-rate tariff for 2011 was carried out by the parties in accordance with the previously effective legislation. Clause 81 of the Pricing Fundamentals No. 1178 expressly stipulates that during the settlement period of regulation it is not allowed to change the tariff option, unless otherwise established by mutual agreement of the parties. The parties did not agree on the tariff change in accordance with the established procedure. Paragraph 15 of clause 81 of Pricing Fundamentals No. 1178 (as amended by Decree of the Government of the Russian Federation dated May 4, 2012 No. 442) contains the requirements for energy supply market participants when choosing a tariff option for the regulation period. The regulation period is the next year. A dispute between the parties arose over services provided in November 2012. Consequently, paragraph 15 of paragraph 81 of the Pricing Fundamentals No. 1178 (came into force in June 2012) will apply to the relations of the parties when choosing a tariff option for the regulation period - from 2013; the consumer did not notify the contractor about the choice of a two-part tariff.
It should be noted that a similar practice for considering this category of disputes has been established in the Federal Arbitration Court of the Northwestern District.
The classification of electrical facilities through which the resource is transferred to the consumer as objects of the Unified National (All-Russian) Electric Network (hereinafter referred to as UNEG) excludes the right of this category of consumers to choose a tariff option.
The courts, when considering claims for debt collection for services provided for the transmission of electrical energy, came to the conclusion that it was legal to use a two-part tariff when calculating the cost of services provided. When examining the evidence in the case, the courts found that the power grid facilities through which the resource was transferred to the consumer (defendant) were classified as UNEG facilities.
Taking into account paragraphs 15 and 18 of Pricing Fundamentals No. 1178, according to which consumers whose power receiving devices are directly connected to those leased to territorial grid organizations by agreement in accordance with the established procedure with the authorized federal executive body to territorial grid organizations do not have the right to choose tariff option, and the fact that such consumers pay for electricity transmission services at a two-part tariff, the district court recognized the conclusion of the courts of the first and appellate instances that the defendant did not have the right to choose a tariff option as justified.
When considering disputes regarding the collection of debt for supplied electrical energy, disputes often arise regarding the use of the price category option in calculations.
Thus, if the consumer does not have a metering device that allows one to measure (record and store in memory) hourly volumes of electrical energy consumption, calculations must be made according to the first price category, which is determined by the set of delivery points within the boundaries of the balance sheet of the consumer’s energy receiving devices.
The supplier of last resort submitted demands to the consumer to collect the debt for the electricity supplied from April to May 2012. The claims are motivated by improper fulfillment by the consumer of the obligation to pay for the supplied resource. During the disputed period, there were no integrated metering devices at the defendant’s supply points, so the plaintiff calculated the cost of electricity according to the first price category. The defendant believed that the fourth price category should be used in the calculations of the parties, the need for calculation for which the consumer notified the guaranteeing supplier. The consumer’s position is motivated by the fact that the metering devices installed on him allow him to obtain data on electricity consumption by hours (zones) of the day and are agreed upon by the parties to the contract.
Guided by paragraphs 2, 5, 81 and 97 of the Basic Provisions No. 442 and taking into account changes in the current legislation that came into force in April 2012, the courts of the first and appellate instances came to the conclusion that it was legal to use the first price category in the calculations of the parties during the disputed period.
The district court considered the adopted judicial acts to be legal. Rejecting the consumer’s arguments about the unlawful application by the courts of the Basic Provisions No. 442, which entered into force on June 12, 2012, the cassation court noted that in accordance with subparagraph “b” of paragraph 2 of Resolution of the Government of the Russian Federation dated May 4, 2012 No. 442, starting in April 2012 calculation of the cost of consumed electrical energy must be made by the parties taking into account the requirements of Basic Provisions No. 442, according to which the use of the fourth price category is not allowed if the consumer does not have a metering device that allows them to measure (record and store in memory) hourly volumes of electricity consumption. Metering devices that allow measuring hourly volumes of electricity consumption were installed by the consumer at the entire set of delivery points only on 05/31/2012. Under such circumstances, the consumer, in the period preceding the abovementioned one, did not have the right to choose the fourth price category in the absence of hourly planning, and therefore the courts recognized the position of the plaintiff, who paid for the supplied resource according to the first price category, as legitimate.
Disputes concerning violation by a subscriber (consumer) of the procedure for accounting and consumption of electricity
Basic provisions No. 442 distinguish between unaccounted and non-contractual consumption. If in the case of unaccounted consumption of electrical energy we are talking about a violation of the consumer’s contractual obligations to comply with the procedure for accounting for consumed electricity, then in the case of uncontractual consumption of electrical energy there is unjust enrichment. Consequently, the introduction of restrictions on the consumption regime can be considered as a protective measure (in the case of non-contractual consumption - paragraph 4 of paragraph 121 of the Basic Provisions No. 442), as well as a measure of operational influence (in the event of a consumer violating its contractual obligations). Full and (or) partial limitation of the electricity consumption regime involves a reduction in consumption volumes or a temporary cessation of the supply of electrical energy (power) to consumers to the level of emergency (technological) armor, and in its absence - to complete limitation.
Operation of the metering device after the expiration of the calibration interval is the basis for recognizing the consumption of electrical energy as unmetered.
The arbitration court considered a dispute regarding the recovery from the consumer of the underpaid cost of electrical energy due to the additional charge made by the supplier for payment of the cost of unaccounted consumption of electrical energy.
Taking into account paragraphs 145 and 155 of the Basic Provisions No. 442, Article 13 of the Federal Law of June 26, 2008 No. 102-FZ “On Ensuring the Uniformity of Measurements” and paragraph 1.7 of the Procedure for Verification of Measuring Instruments, approved by Order of the State Standard of Russia of July 18, 1994 No. 125, courts pointed out that when the verification period for a metering device expires, its readings on the amount of energy supplied cannot be considered reliable, which actually means the absence of a metering device. Based on paragraphs 84, 192, 194 and 195 of Basic Provisions No. 442, the network organization is given the right to identify facts of unaccounted consumption of electrical energy and draw up reports on unaccounted consumption of electrical energy, the cost of which is determined by calculation. The courts established as proven the fact of operation of the metering device after the expiration of the calibration interval, as well as the fact of under-accounting of electrical energy due to the operation of the metering device with errors, which gave grounds to recognize the consumption of electrical energy as unaccounted for.
Recovery of the cost of unaccounted consumption of electrical energy is possible if there is proper recording of the fact of unaccounted consumption of electrical energy.
When considering a dispute regarding the recovery of consumed electrical energy in the form of losses of electrical energy during non-contractual consumption, the courts took into account the fact that paragraphs 192 and 193 of Basic Provisions No. 442 regulate the procedure for identifying and recording facts of unaccounted and non-contractual consumption of electricity, and provide for the need to indicate in the act of unaccounted (non-contractual) consumption of electricity by the person carrying out such consumption, as well as the mandatory presence of such a person when drawing up the act. Having established the absence of an act of unaccounted consumption of electrical energy drawn up by the parties in accordance with paragraphs 192 and 193 of the Basic Provisions No. 442, as well as proof of resource consumption by a third party and the defendant’s lack of status as a network organization or a guaranteeing supplier, the courts indicated that the claim was unfounded.
The lack of guilt of the consumer in violating the operating mode of the metering device is not a basis for non-recognition of the fact of unmetered consumption of electrical energy, provided that the consumer has not informed the resource supplying organization about the violation of the operating mode of the metering device that is obvious to the consumer.
The subject of the claim was the recovery of the cost of unmetered consumption of electrical energy.
When examining the evidence in the case, the courts of the first and appellate instances found that, based on the results of an inspection of the electrical energy metering unit carried out by the network organization, it was recorded that the metering device was not rated and must be replaced, which indicates that the metering device was faulty. Taking into account these circumstances, the provisions of paragraph 145 of the Basic Provisions No. 442 and the terms of the electricity supply agreement regulating the legal relations of the parties, the courts came to the conclusion that the consumer has an obligation to ensure the reliable technical condition of the electrical energy metering device, compliance with the terms of their periodic inspection, notification of the guaranteeing supplier (energy sales organization) and the network organization about the malfunction of the meter. Consequently, in the case considered, it is proven that the consumer consumed electrical energy in the absence of a working meter.
Having rejected the consumer’s argument that it was impossible for him to notify the network organization about a malfunction of the electrical energy meter due to the detection of this malfunction by an instrumental method, the district court pointed out that the consumer is obliged, by virtue of paragraph 2 of Basic Provisions No. 442 and the terms of the energy supply contract, to ensure proper metering of electrical energy and with due care and diligence, pay attention to an obvious metering violation and report this to the network organization and supplier, taking measures to check the serviceability of the metering device. The cassation court considered the judicial acts adopted by the courts of first and appellate instances to be legal and justified.
In the practice of considering disputes, when considering which the provisions of Resolution No. 442 are applied, there is also such a category of disputes when the prosecutor of a constituent entity of the Russian Federation, who has applied to the arbitration court in accordance with Article 52 of the Arbitration Procedural Code of the Russian Federation, asks to invalidate the signed by the guaranteeing supplier and social institution the energy supply agreement in the part that provides for the right of the guaranteeing supplier to partially or completely limit the mode of consumption of electrical energy.
When considering this category of cases, the Federal Arbitration Court of the Volga-Vyatka District proceeds from the fact that the condition of the energy supply contract on full or partial limitation of the mode of consumption of electrical energy established in relation to a consumer related to socially significant infrastructure is void.
The arbitration court invalidated the provision of the energy supply agreement, which provides for the right of the supplier of last resort to partially and (or) completely limit the mode of consumption of electrical energy by the consumer related to social infrastructure in the following cases: identification of the unsatisfactory condition of the consumer’s power installations (power receiving devices), certified by the state energy authority supervision that threatens an accident or poses a threat to the life and health of people; occurrence (threat of occurrence) of emergency power conditions; occurrence of unscheduled outages.
When making its decision, the court proceeded from the fact that the consumer of electrical energy belongs to the social infrastructure for children. Termination or limitation of the supply of electrical energy to a given consumer will entail the cessation of operation of facilities used to support the activities of an educational institution, which may entail a violation of children’s rights. The grounds for a break in the supply, for stopping or limiting the supply of energy to children's institutions can only be provided for by law or other regulatory legal acts adopted on its basis.
The arguments of the guaranteeing supplier in both the appeal and cassation complaints concerned the fact that the introduction of restrictions on the mode of consumption of electrical energy in the event of emergency electrical conditions and the occurrence of unscheduled outages is due to situations and grounds that do not depend on the will of the participants in legal relations under the energy supply agreement.
The appellate and cassation courts pointed out the unfoundedness of these arguments, justifying this by the fact that paragraph 18 of Rules No. 442 and paragraph 5 of the appendix to these Rules establishes a prohibition of introduction in relation to a consumer belonging to educational institution, restrictions on the consumption mode are below the value of the emergency reservation.
To summarize, it can be noted that the number of arbitration disputes in the considered category of cases is steadily increasing and the development of fundamental approaches to resolving problems associated with the application of frequently changing legislation regulating relations in the circulation of electrical energy is certainly very relevant.
In order to ensure uniformity of judicial practice, we propose to discuss the prepared generalization at the Presidium of the Federal Arbitration Court of the Volga-Vyatka District and publish it in the journal “Economic Disputes: Problems of Theory and Practice.”
Methods and deadlines for sending a notification of a scheduled inspection of a legal entity according to Resolution No. 442 of May 4, 2012.
168. Verification of compliance by a network organization with the requirements of this document, which determine the procedure for metering transmitted electrical energy, including inspections of metering devices belonging to the network organization and installed within the boundaries of the power grid facilities of such a network organization, is carried out by adjacent network organizations, consumers whose power receiving devices are connected to the electric grid facilities of such network organizations, and (or) guaranteeing suppliers representing their interests (energy sales, energy supply organizations), producers of electrical energy (power) in retail markets, the electrical energy (power) production facilities of which are connected to the electric grid facilities of such networks organizations. The conditions and procedure for conducting such checks are determined by agreement with the specified network organization.
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IN THE INVOICE, IN ADDITION TO THE ELECTRICITY CONSUMED, I WILL BE CHARGED ANOTHER 30% AND 40% OF THE ADVANCE PAYMENT FOR THE NEXT MONTH, REFERING TO THE RF GOVERNMENT DECREE No. 442. IS THIS FAIR?
Pay as you go
Hello
Write a complaint to the prosecutor's office and Rospotrebnadzor.
Should only charge for energy actually consumed.
Advance payment is optional
Hello. Alas, this is legal.
GOVERNMENT OF THE RUSSIAN FEDERATION
ABOUT OPERATION
RETAIL ELECTRICAL ENERGY MARKETS, COMPLETE
AND (OR) PARTIAL LIMITATION OF CONSUMPTION MODE
ELECTRICAL ENERGY
In accordance with the Federal Law "On Electric Power Industry", the Government of the Russian Federation decides:
1. Approve the attached:
Basic provisions for the functioning of retail electricity markets;
Rules for complete and (or) partial limitation of electrical energy consumption;
changes that are being made to acts of the Government of the Russian Federation on the functioning of retail electricity markets.
2. Establish that:
a) this resolution applies to relations arising from public contracts previously concluded in retail electricity markets (hereinafter referred to as retail markets), in terms of rights and obligations that arise after its entry into force;
b) this resolution is applied when calculating obligations for the sale and purchase of electric energy (power) on the wholesale electric energy (power) market (hereinafter referred to as the wholesale market) and retail markets starting from April 2012;
c) the provisions of this resolution established for consumers whose maximum power of power receiving devices within the boundaries of the balance sheet is at least 670 kW, also apply to consumers (buyers) to whom the provisions of Decree of the Government of the Russian Federation of August 31, 2006 N 530 were applied " On approval of the basic provisions for the functioning of retail electricity markets” established for consumers whose connected power of power receiving devices within the balance sheet exceeds 750 kVA, until January 1, 2017;
d) the provisions of this resolution on delivery points under an agreement for the provision of services for the transmission of electrical energy apply to the conditions for the points of connection provided for in previously concluded agreements for the provision of services for the transmission of electrical energy, until such agreements are brought into compliance with this resolution;
e) calculation methods, in addition to calculation methods for determining the volumes of unmetered and non-contractual consumption of electrical energy, and the procedure for their application, established by the Basic Provisions for the Functioning of Retail Electricity Markets, approved by this resolution, are applied from July 1, 2012, and until January 1, 2013. - with a coefficient of 0.8 to the corresponding volume obtained as a result of applying the calculation method;
f) development and implementation of standards for the quality of service to consumers (buyers) in accordance with the requirements established by the Basic Provisions for the Operation of Retail Electricity Markets, approved by this resolution, and programs of measures to improve the quality of service to consumers (buyers) are carried out by guaranteeing suppliers until May 1, 2013. ;
g) sending to consumers of services for the transmission of electrical energy, as well as to consumers (buyers) under an energy supply contract, notifications about the need to include in these contracts the maximum power of energy receiving devices, determined in accordance with the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, approved, carried out respectively by network organizations and guaranteeing suppliers within a 2-month period;
h) information on the calculation methods established by the Basic Regulations for the functioning of retail electricity markets, approved by this resolution, to be used in cases of absence of a metering device, denial of access to the metering device for the purpose of conducting a control reading of its readings, checking its condition, as well as in cases of failure to provide readings from metering devices and identifying facts of unaccounted and non-contractual consumption of electrical energy, is communicated to consumers (buyers) in bills for payment of electrical energy (power) issued before July 1, 2012, as well as on the official websites of guaranteeing suppliers in the information and telecommunications network " Internet";
i) a person who owns by right of ownership or otherwise legally a facility (part of a facility) for the production of electrical energy (power) (including a power plant), specified in paragraph one of clause 31 of the Rules of the wholesale electricity and power market, approved “On approval of the Rules of the wholesale electricity and power market and on amendments to some acts of the Government of the Russian Federation on the organization of the functioning of the wholesale market for electric energy and power”, and did not receive, in relation to the power plant as a whole, confirmation of the non-extension of the requirement of the Federal Law “On Electric Power Industry” to sell all produced electric energy and power only on the wholesale market, has the right to sell all electrical energy produced at such an object (part of such an object) only on the wholesale market;
j) control over compliance by guaranteeing suppliers with the Rules for determining and applying unregulated prices for electrical energy (power) by guaranteeing suppliers, approved by the federal antimonopoly body and executive authorities of the constituent entities of the Russian Federation in the field of state regulation of tariffs in the manner determined by the Government of the Russian Federation;
k) sales markups of guarantee suppliers in the form of a formula for the group (subgroups) “other consumers” are established for 2012 by the executive authorities of the constituent entities of the Russian Federation in the field of state regulation of tariffs within a period not exceeding 2 months from the date of entry into force of the methodological instructions provided for in paragraph 6 of this resolution.
3. The non-profit partnership “Market Council for organizing an effective system of wholesale and retail trade in electrical energy and capacity”, in order to organize and monitor the price situation on the wholesale and retail markets, requests information on price prices from the executive authorities of the constituent entities of the Russian Federation, subjects of the wholesale and retail markets and volume indicators, as well as other quantities affecting changes in the price situation in the wholesale and retail markets.
The specified information is provided no later than 1 month from the date of receipt of the relevant request.
The non-profit partnership "Market Council for organizing an effective system of wholesale and retail trade in electrical energy and capacity" informs the federal executive authorities and executive authorities of the constituent entities of the Russian Federation, authorized in the field of control and supervision of the activities of subjects of the wholesale and retail markets, about the results of monitoring the price situation in the wholesale and retail markets.
4. Federal Antimonopoly Service:
in agreement with the Ministry of Energy of the Russian Federation, the Federal Tariff Service and the Ministry of Economic Development of the Russian Federation, within one month, develop and submit to the Government of the Russian Federation criteria for classifying network organizations as network organizations created on the basis of network facilities industrial enterprises and other organizations and providing services for the transmission of electrical energy to such enterprises (organizations);
in agreement with the Ministry of Economic Development of the Russian Federation, the Federal Tariff Service and the Ministry of Energy of the Russian Federation, within a 3-month period, develop sample agreements for the purchase and sale of electrical energy (energy supply) with consumers.
5. The Federal Tariff Service, the Ministry of Economic Development of the Russian Federation, the Ministry of Energy of the Russian Federation and the Federal Antimonopoly Service, within 3 months, develop and submit to the Government of the Russian Federation proposals for amending the regulatory legal acts on the implementation by executive authorities of the constituent entities of the Russian Federation in areas of state regulation of tariffs, monitoring compliance by guaranteeing suppliers with the Rules for determining and applying unregulated prices for electrical energy (power) by guaranteeing suppliers.
6. The Federal Tariff Service, in agreement with the Ministry of Economic Development of the Russian Federation, the Ministry of Energy of the Russian Federation and the Federal Antimonopoly Service, before August 1, 2012, approve methodological guidelines for calculating the sales markup of guaranteeing suppliers, including those defining the procedure for calculating sales markups in the form of a formula for the group (subgroups) “other consumers” based on the amount of profitability of sales of guaranteeing suppliers, differentiated by groups (subgroups) of consumers, and the parameters of the activities of guaranteeing suppliers, as well as the amount of profitability of sales of guaranteeing suppliers.
7. The Federal Tariff Service, within 3 months, shall bring its regulatory legal acts into compliance with this resolution.
8. To the Ministry of Energy of the Russian Federation, in agreement with the Ministry of Economic Development of the Russian Federation:
within a 4-month period, develop and approve guidelines for determining and applying coefficients for combining the maximum consumption of electrical energy when determining the degree of load of electric grid facilities commissioned after construction;
within 6 months, bring into conformity with this resolution the rules for the development and application of emergency limitation schedules for the consumption of electrical energy and the use of emergency automatics.
9. The Ministry of Economic Development of the Russian Federation, the Federal Tariff Service, the Ministry of Energy of the Russian Federation, the Federal Antimonopoly Service and the Ministry of Finance of the Russian Federation, before January 1, 2013, develop and submit to the Government of the Russian Federation draft regulations related to solving the problem of cross-subsidization in retail markets.
10. The Ministry of Energy of the Russian Federation, the Ministry of Economic Development of the Russian Federation, the Federal Tariff Service and the Federal Antimonopoly Service, based on an analysis of the volumes of reserved maximum capacity that are supported by grid organizations in the interests of consumers, and the possible tariff consequences of the transition to payment of the specified amount, prepare and submit to the Government of the Russian Federation, before July 1, 2013, proposals to amend the acts of the Government of the Russian Federation, establishing the specifics of determining the cost of services for the transmission of electrical energy, taking into account payment for the reserved maximum capacity, including the timing of the transition to payment of the specified amount.
11. Recognize as invalid the acts of the Government of the Russian Federation according to the list according to the appendix.
12. Paragraph five of paragraph 9 of the Basic provisions for the functioning of retail electricity markets, approved by this resolution, comes into force after 1 year from the date of entry into force of this resolution.
Chairman of the Government
Russian Federation
V. PUTIN
Voltage relief must be provided from all phases connected to the meter. Current transformers used to connect meters for voltages up to 380 V must be installed after switching devices in the direction of power flow. According to the section “Rules for organizing electricity metering in retail markets” of the “Basic provisions for the functioning of retail electricity markets”, approved by Decree of the Government of the Russian Federation dated 04.05.2012 No. 442, the owner of power receiving devices is responsible for equipping power grid facilities with electricity metering devices, as well as for resumption of electricity metering, in the event of its failure, by installing a new metering device.
Electricity meters - electricity meters
The Housing Code of the Russian Federation, in Part 3, Article 30, obliges the owner of a residential premises to bear the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building. According to clause 13 of the Provision Rules utilities citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 307, are obliged to ensure the readiness for the provision of utilities of in-house engineering systems that are part of the common property of the owners of premises in an apartment building, as well as mechanical, electrical, sanitary and other equipment located in the residential premises of an apartment building or in a residential building and intended for the provision of public services, is assigned to the owners of premises in the apartment building, the owners of residential buildings.
Determination of the volume of consumption (production) of electrical energy (power) in retail markets, services provided for the transmission of electrical energy, as well as actual losses of electrical energy in electric grid facilities is carried out on the basis of data obtained:
- using electrical energy metering devices, including those included in measuring complexes and metering systems;
- in the absence of metering devices, in case of failure by the consumer to provide readings from the calculated metering device within the time limits stipulated by law, in the event of a two-time denial of access to the calculated device, in the event of a malfunction of the metering device, in the event of loss of the metering device, in the event of expiration of the calibration interval of the metering device, in the case of unmetered consumption - by using calculation methods provided for by Decree of the Government of the Russian Federation of May 4, 2012 N 442 Metering devices.
On the functioning of retail electricity markets, complete and (or) partial restrictions on the mode of consumption of electrical energy”, accounting of electrical energy consumed by citizens should be carried out only with electric meters of accuracy class 2.0 and higher. The replacement of electricity meters is regulated by the decision of the State Standard of the Russian Federation and the letter of the State Energy Supervision Service dated 2000.
Replacement of a device for metering consumed electricity in a residential premises owned by the consumer (including private households) is carried out at his expense (in accordance with Article 210 of the Civil Code of the Russian Federation). If metering devices are located in public places (on staircases and landings) and they are not the property of consumer citizens, but are on the balance sheet of the energy supply organization or the owner of the house (municipality, state
Info
The meter ensures that the recorded parameters are stored in a non-volatile memory device for at least 20 years in the absence of mains voltage. Information is displayed on an LCD (liquid crystal display) Calibration interval - 16 years Average service life - 30 years Other common (relatively inexpensive) models of electric meters: domestic single-phase electromechanical induction devices of accuracy class 2.0 SO-505 220V 10(40)A SO-I449 220V 10(60)A (outwardly similar to the 505th model) domestic single-phase electronic devices of accuracy class 1.0 TsE6807 - single-tariff and dual-tariff // when choosing an electromechanical induction electric meter - carefully look at the inner surface of the glass / plastic.
If there is dust and any debris there, it means that this device was assembled in violation of technology. The inside of the device should be clean, like a mechanical watch.
About replacing the electric meter
Attention
Who needs to replace their electricity meter? firstly, with the advent of powerful modern household appliances, ovens, microwaves, electric kettles, multicookers, bread ovens, air conditioners... the electricity consumption of our apartments has significantly exceeded the rating of old meters, they receive significant overloads, which leads to the failure of the electric meter, even to fires. Modern electricity meters are designed for currents up to 80 amperes.
secondly, in accordance with clause 142 of the Decree of the Government of the Russian Federation of May 4, 2012 No. 442, “On the functioning of retail markets for electrical energy...”, for electricity metering, citizens-consumers use only devices of accuracy class 2.0 and higher (1.0) . Replacing a “failed” electric meter at whose expense? In accordance with Part.
2 tbsp.
Reasons: - due to the advent of energy-intensive household appliances (two-kilowatt appliances - electric stoves, air conditioners, microwave ovens and others, the power consumption of which reaches 10 amperes, and in total - more than 20), old household electric meters (not designed for such currents ) receive significant overloads, which causes fires. For this reason, all currently manufactured electricity meters are designed for power consumption of up to 40-60 amperes. — electric meters of accuracy class 2.5 must be replaced by electric meters with a higher accuracy class. - 2.0 or 1.0. Replacement standards Old electric meters are no longer subject to manufacture, repair or state verification and must be replaced before the end of the verification interval (i.e. within 16 years from the date of the last verification of the device), or as a result of their obvious failure. According to latest resolution Government of the Russian Federation dated May 4, 2012 N 442 (replacing the previous post.
Russian Government Decree 442 2018 on replacing meters
- Government decree on replacing electricity meters
- Electricity meters - electricity meters
- Studying Resolution 442 on replacing electricity meters: practical advice
- About replacing the electric meter
- Russian Government Decree 442 2018 on replacing meters
- Russian Government Decree 442 2017 on replacing meters
According to GOST 6570-96 “Inductive active and reactive energy meters”, the service life of single-phase electricity meters of accuracy class 2.5 is limited by the first calibration interval, and since October 1, 2000 they have not been verified because these devices do not meet the requirements of the current standard.
If the installation of a metering device, the approval of which is planned to be carried out, was carried out by a guaranteeing supplier, then in this case such owner is not obliged to submit an application, and the person who installed the metering device is obliged to independently organize the procedure for admitting the device into operation and agree with the specified owner on the date and the time of such procedure. OP "KurskAtomEnergosbyt" sells various electricity meters: single-phase (CE101 R5 145 M6, CE101R5.1 145 M6, CE101 S6 145 M6) and three-phase (CE6803V 1 230V 5-60A).
You can purchase them at service centers, sites, and branches of OP "KurskAtomEnergosbyt" JSC "AtomEnergosbyt" in our region. OP "KurskAtomEnergosbyt" provides services for replacing electricity meters and putting them into operation with subsequent sealing.
Turn off all electrical appliances in the apartment (lamps, household appliances, etc.) At this moment, the electric meter readings should remain constant. II. Take meter readings. Turn on a 100 W (0.1 kW) light bulb for 1 hour.
View new readings. Calculate the difference with the original count. The actual electricity consumption (kWh) of a 100-watt lamp per hour should be 0.1 kWh III. The value obtained from the meter should not differ by more than 4% (permissible error) from the calculated value (0.1 kilowatt-hour) Simple rules for the operation of the electric meter: do not hit, do not pour water on, do not break the seal, do not open. Work with electrical wiring and electrical equipment must be carried out in compliance with safety regulations.
Electricity at 220 volts is no joke.
Commercial metering of electrical energy (power) is the process of measuring the amount of electrical energy and determining the volume of power, collecting, storing, processing, transmitting the results of these measurements and generating, including by calculation, data on the amount of produced and consumed electrical energy (power) for the purposes mutual settlements for supplied electrical energy and power, as well as for services related to these supplies. (Article 3, Federal Law of March 26, 2003 N 35-FZ “On Electric Power Industry”) Measuring complex is a set of metering devices and measuring current and (or) voltage transformers, interconnected according to an established circuit, through which such metering devices are installed ( connected) (hereinafter referred to as instrument transformers), designed to measure volumes of electrical energy (power) at one point of delivery. (clause 136.
1. Decree of the Government of the Russian Federation of August 31, 2006 N 530 “On approval of the basic provisions for the functioning of retail electricity markets” (Collected Legislation of the Russian Federation, 2006, N 37, Art. 3876).
2. Decree of the Government of the Russian Federation dated July 16, 2007 N 450 “On amendments to Decree of the Government of the Russian Federation dated August 31, 2006 N 530 “On approval of the Rules for the functioning of retail electricity markets during the transition period of reforming the electric power industry” (Collection of legislation of the Russian Federation Federation, 2007, No. 30, Article 3940).
3. Clause 3 of the changes that are being made to the resolutions of the Government of the Russian Federation in connection with determining the features of the functioning of the wholesale electricity (power) market during the transition period in territories not united in price zones approved (Collection of Legislation of the Russian Federation, 2008, No. 2, Article 84).
4. Decree of the Government of the Russian Federation of December 29, 2007 N 996 “On introducing amendments to certain resolutions of the Government of the Russian Federation on the organization of the activities of guaranteeing suppliers of electrical energy” (Collected Legislation of the Russian Federation, 2008, N 3, Art. 182).
5. Clause 3 of the changes that are being made to the resolutions of the Government of the Russian Federation on the organization of competitive trade in generating capacity on the wholesale electricity (power) market, approved (Collected Legislation of the Russian Federation, 2008, No. 27, Art. 3285).
6. Decree of the Government of the Russian Federation of March 17, 2009 N 240 “On amendments to the Rules for the functioning of retail electricity markets during the transition period of reforming the electric power industry” (Collected Legislation of the Russian Federation, 2009, N 12, Art. 1441).
7. Subparagraph “c” of paragraph 2 of the amendments that are being made to the acts of the Government of the Russian Federation on improving the procedure for technological connection of consumers to electric networks, approved (Collected Legislation of the Russian Federation, 2009, No. 17, Art. 2088), in part of Section VI.
8. Decree of the Government of the Russian Federation of May 10, 2009 N 411 “On amendments to the Rules for the functioning of retail electricity markets during the transition period of reforming the electric power industry” (Collected Legislation of the Russian Federation, 2009, N 20, Art. 2475).
9. Subparagraph “b” of paragraph 1 and paragraph 2 of the amendments that are being made to the acts of the Government of the Russian Federation on the functioning of retail electricity markets, approved (Collection of Legislation of the Russian Federation, 2009, No. 41, Art. 4771).
10. Clause 3 of the changes that are being made to the acts of the Government of the Russian Federation in terms of improving the procedure for payments for electrical energy (power), thermal energy and natural gas, approved (Collected Legislation of the Russian Federation, 2009, No. 43, Art. 5066).
11. Decree of the Government of the Russian Federation of February 26, 2010 N 94 “On amendments to paragraph 62 of the Rules for the functioning of retail electricity markets during the transition period of reforming the electric power industry” (Collected Legislation of the Russian Federation, 2010, N 10, Art. 1082).
12. Clause 3 of the changes that are being made to the acts of the Government of the Russian Federation in connection with the determination of the features of calculating the cost of electrical energy (power) for consumers during the transition period in territories not united in the price zones of the wholesale market, approved by the Decree of the Government of the Russian Federation dated May 15, 2010 No. 344 (Collected Legislation of the Russian Federation, 2010, No. 21, Art. 2610).
13. Clause 3 of the changes that are being made to the acts of the Government of the Russian Federation on the issue of determining the specific location of delivery points for a single economic entity on railway transport in the wholesale and retail markets of electrical energy (power), approved (Collected Legislation of the Russian Federation, 2010, No. 25, Article 3175).
14. Decree of the Government of the Russian Federation of November 27, 2010 N 944 “On introducing changes to the list of consumers of electrical energy (individual objects), limiting the consumption of electrical energy below the level of emergency reservation is not allowed” (Collected Legislation of the Russian Federation, 2010, N 49, Art. 6521).
15. Clause 2 of the changes that are being made to the acts of the Government of the Russian Federation on the functioning of retail electricity markets, approved (Collected Legislation of the Russian Federation, 2011, No. 11, Art. 1524).
16. Clause 4 of the changes that are being made to the acts of the Government of the Russian Federation on the provision of utility services approved (Collection of Legislation of the Russian Federation, 2011, No. 22, Art. 3168).
17. Decree of the Government of the Russian Federation of May 6, 2011 N 355 “On introducing changes to the basic provisions for the functioning of retail electricity markets” (Collected Legislation of the Russian Federation, 2011, N 20, Art. 2831).
18. Subparagraph “a” of paragraph 1 and paragraph 3 of the amendments that are being made to the acts of the Government of the Russian Federation in order to improve relations between suppliers and consumers of electrical energy in the retail market, approved (Collected Legislation of the Russian Federation, 2011, No. 45, Art. 6404) .
19. Paragraphs 1, 2, subparagraphs “c” - “e” of paragraph 3 of the amendments that are made to the acts of the Government of the Russian Federation, approved (Collection of Legislation of the Russian Federation, 2012, No. 4, Art. 505).