Decree 442 p 152. Rules for the complete and (or) partial restriction of the mode of consumption of electrical energy. II. Consumption mode restriction procedure

Energy is one of the infrastructure sectors of the economy, the state of which, of course, determines the progress 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 and legal framework.

July 11, 2001, when the Government Decree Russian Federation No. 526 "On reforming the electric power industry of the Russian Federation".

In 2003, Federal Law No. 35-FZ of March 26, 2003 "On the Electric Power Industry" (hereinafter referred to as the Law on the Electric Power Industry) was adopted, which defined the concept and basic principles of the new model of the country's electric power industry 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 has been empowered by the Law on the Electricity Industry to approve by-laws aimed at more detailed regulation of relations in the electric power industry.

Decree of the Government of the Russian Federation No. 1178 dated December 29, 2011 approved the Fundamentals of Pricing in the Field of Regulated Prices (Tariffs) in the Electricity Industry (hereinafter referred to as the Fundamentals of Pricing No. 1178) and the Rules for State Regulation (Revision, Application) of Prices (Tariffs) in the Electricity Industry.

Decree of the Government of the Russian Federation dated 04.05.2012 No. 442 “On the functioning of retail electricity markets, full and (or) partial restriction of the mode of consumption of electric energy” (hereinafter - Decree No. 442) approved the Basic Provisions for the Functioning of Retail Electricity Markets (hereinafter - the Basic Provisions No. 442) and the Rules for the complete and (or) partial restriction of the mode of consumption of electrical energy (hereinafter - the 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 Decree No. 442, amendments were made to the acts of the Government of the Russian Federation on the functioning of retail electricity markets, including Decree of the Government of the Russian Federation dated December 27, 2004 No. the provision of these services, the Rules for non-discriminatory access to services for operational dispatch control in the electric power industry and the provision of these services, the Rules for non-discriminatory access to the services of the administrator of the wholesale market trading system and the provision of these services, and the Rules for the technological connection of power receivers of consumers of electrical energy, facilities for the production of electrical energy , as well as electric grid facilities owned by grid organizations and other persons, to electric networks ”(hereinafter - Rules No. 861).

It should be noted that since the adoption of Resolution No. 442 by the Government of the Russian Federation, a new stage of reforming the electric power industry of the Russian Federation has begun. The changes are aimed at increasing the transparency of settlements in the retail electricity and capacity market, which led to a change in the principles of pricing for electricity and capacity.

The purpose of this study is to identify, on the basis of the decisions of the Federal Arbitration Court of the Volga-Vyatka District, adopted from January 2013 to April 2014, some approaches developed to date by judicial practice in resolving disputes related to the application of Resolution No. 442.

An analysis of litigation related to the application of legislation governing relations for the transmission of electrical energy indicates a variety of claims brought and methods of protection chosen by the parties. Among them are claims for compulsion to conclude an agreement and compulsion to fulfill obligations under the agreement; on the settlement of disagreements at the conclusion of the contract; on the invalidation of the contract and individual clauses of the contract; on the recovery of losses caused by improper performance of the contract; on the collection of debts for the services rendered for the transmission of electric energy and interest for the use of other people's funds; claim for unjust enrichment.

Disputes relating to conclusion and terminationcontracts that ensure the sale of electricity

In modern conditions, the regulation of the processes of production, transmission and consumption of electrical energy is provided by a whole system of contracts, each of which should 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. Clause 27 of the Basic Provisions No. 442 establishes that electricity is sold on retail markets on the basis of the following types of contracts that ensure the sale of electricity:

Energy supply contract;

Contract for the sale (supply) of electrical energy.

The main provisions of No. 442 for the first time establish the legal definition of an energy supply agreement that regulates relations in the 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 an energy supply contract, the supplier of last resort undertakes to sell electric energy (capacity), as well as independently or through involved third parties to provide services for the transmission of electric energy and services, the provision of which is an integral part of the process of supplying electric energy to consumers, and consumer (buyer) - pay for the purchased electrical energy (capacity) and services rendered. Under the contract for the sale (supply) of electrical energy (capacity), the supplier of last resort undertakes to sell electrical energy (capacity), and the consumer (buyer) undertakes to accept and pay for the purchased electrical energy (capacity) (paragraph 29 of the Basic Provisions No. 442).

The question arises: what is the difference between an energy supply agreement and an electric energy purchase and sale agreement? Detailed analysis of provisions current legislation allows us to conclude that the differences between these contracts are only in their structures: if in an energy supply contract the seller’s obligations 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 contract of sale (supply) Electricity provides for the obligation only to submit rights to the electricity sold (to sell electricity). It should be noted that both contracts can be concluded both by the supplier of last resort and the energy sales organization.

Of great importance is the fact that if these contracts are concluded with a guaranteeing supplier, they are public.

The contract for the sale (supply) of electrical energy (capacity), a type of which is the contract for the sale of electrical energy in order to compensate for losses, is public and mandatory for conclusion by the supplier of last resort.

Thus, in the process of considering a dispute on the settlement of disagreements when concluding a contract for the purchase and sale of electrical energy to compensate for losses in electrical networks in the court of appeal, the plaintiff (guaranteeing supplier) filed a motion to waive 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 electric energy is a commercial organization obliged to conclude a contract for the purchase and sale of electric energy with any consumer of electric energy that applied to it, including with a grid organization (respondent). The contract, in respect of which the parties disagreed, is public and binding on the plaintiff. The supplier of last resort, having declared a waiver of claims in the court of appeal, actually evades the conclusion of 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 apply to the court for consideration of a dispute that arose with a grid organization when concluding a contract for the sale of electricity in order to compensate for losses.

The reason for applying to the arbitration court with a claim of the supplier of last resort against the grid organization was the failure of the parties to settle the disagreements that arose during the conclusion of the contract for the sale of electricity to compensate for losses in electric networks.

The courts found that the obligation of a grid organization to conclude a contract for the sale of electricity in order to compensate for losses is provided for by the Law on Electric Power Industry, therefore, the guaranteeing supplier had the right to apply to the court for protection of its right 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 the Electric Power Industry, Article 445 of the Civil Code of the Russian Federation and Clause 128 of Basic Provisions No. 442, the arguments of the grid organization that only the grid organization (defendant) has the right to file a claim for settlement of disagreements, since the conclusion of a contract for the sale of electricity for loss compensation purposes mandatory for the supplier of last resort, the district court dismissed as contrary to the interpretation of section 32 of the Electricity Law. The court of cassation noted that the contract for the sale of electricity in order to compensate for losses is aimed at restoring the rights of the supplier of last resort; the obligation to conclude such an agreement by the grid organization is stipulated by law.

Difficulties also arise in judicial practice as to whether claims of a supplier of last resort filed against a consumer for termination of an energy supply contract due to a breach of obligations to pay for the consumed electrical energy should be considered in the event that the guarantee 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 a unilateral refusal to perform the 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 the contract and the actual termination of the contract?

These methods differ in the order in which they are applied.

Unilateral failure is implemented outside judicial order and leads to the termination of the contractual legal relationship from the moment of receipt of the notification of the other party about the unilateral refusal.

As for the termination of the contract, it is possible only by a court decision.

What these methods have in common is that both of them lead to the termination of the contractual legal relationship.

The plaintiff cannot be limited in choosing a method of protecting the violated right, which directly leads to a general legal consequence- to terminate the contractual relationship.

The Federal Arbitration Court of the Volga-Vyatka District, considering this category of disputes, took a firm position that rightsupplier of last resortunilateral withdrawal from 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.

So, 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 electric energy, the courts of first instance and appellate instance pointed to the groundlessness of the claim, since the guaranteeing supplier did not use its right to unilaterally refuse to fulfill obligations.

Referring to paragraph 53 of the Basic Provisions No. 442, which enshrines the right of the supplier of last resort to unilaterally refuse to perform 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 by the guaranteeing supplier of a claim for termination of the energy supply contract. The court of cassation noted that the judicial termination of the contract is an exceptional measure, in connection with which, in order to terminate the energy supply contract in court, it is not enough only the plaintiff's argument that the defendant has improperly fulfilled the terms of the contract for paying for the delivered resource, it is also necessary to prove that the breach of the contract by the defendant entailed causing him such damage that he was largely deprived of what he was entitled to rely on when concluding a contract.

Disputes relating to the onset of civil liability forcontracts that ensure the sale of electricity

Based on the provisions of Article 38 of the Law on the Electric Power Industry and paragraph 7 of Basic Provisions No. 442, electric power industry entities that provide electricity to consumers, including guaranteeing suppliers, energy sales (energy supply) organizations, in the course of fulfilling their obligations under the agreements they conclude on the wholesale market and retail markets jointly ensure the reliability of supply to consumers and the quality of electric energy in retail markets in accordance with the requirements of technical regulations and other mandatory requirements.

The 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 supplying the consumer with electrical energy and its quality (paragraphs 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 Regulation No. 442).

It should be noted that under the power supply contract, the supplier of last resort is liable to the consumer (buyer) for non-fulfillment or improper fulfillment of obligations under the contract, including for the actions of the grid organization involved in the provision of electricity transmission services, as well as other persons involved in the provision of services that are an integral part of the process of supplying electrical energy to consumers (paragraph 30 of the Basic Provisions No. 442).

Thus, the termination of the supply of electricity to the consumer due to the actions of a third party entails liability from the guaranteeing supplier for violation of obligations under the energy supply agreement.

In one of the cases, a consumer filed a lawsuit to recover from the supplier of last resort actual damage, amounting to the cost of damaged products, as a result of a power outage.

Guided by paragraphs 7, 28 and 30 of Basic Provisions No. 442, the courts of first instance and appeal came to the conclusion that the set of conditions necessary for imposing liability on the guaranteeing supplier in the form of damages was proven, and therefore satisfied the claims. The court of cassation considered the adopted judicial acts lawful and justified.

When considering the dispute, the courts established by the confirmed case materials the fact of a power outage at the facility owned by the consumer, the amount of damage and the causes of product damage. The courts noted that the interruption in the supply of electrical energy to the support through which the plaintiff's object is supplied with energy, due to the actions of a third party, does not relieve the guaranteeing supplier from liability for non-fulfillment or improper fulfillment of obligations under the power supply agreement.

In the practice of the district court, there are other disputes concerning the recovery of losses caused to the consumer that arose as a result of a power outage as a result of actions (inaction) of the grid company.

Disputes related to the violation by the 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 used when calculating the supplied electric energy.

From the date of entry into force of Decree of the Government of the Russian Federation No. 442, according to which paragraph 47 of Rules No. 861 was amended and supplemented by paragraph 15(1), the declared capacity ceases to participate as a calculated value in determining the cost of the rendered services for the transmission of electric energy. At the same time, the features of the transition to a new procedure for paying for services rendered for certain categories of consumers are determined.

So, if it is necessary to use the actual or declared capacity in the calculations for the rendered services for the transmission of electric energy, the position of the Federal Arbitration Court of the Volga-Vyatka District is that for last resort suppliers (energy sales organizations) a special period is set when the grid organization is obliged to calculate the cost from applying the procedure for determining the scope of services provided for in paragraph 4 of clause 15 (1) of Regulation No. 861 - no later than 01.01.2013. From this date, the network organization is not entitled to require the use of another method for determining the obligation to pay for services.

Thus, until January 01, 2013, the parties have the right to switch to using the actual capacity in the calculations for the rendered services for the transmission of electric energy only if there is an appropriate agreement.

As part of the consideration of the dispute on the recovery of debts for payment for electricity transmission services for July 2012, the disagreements of the parties were related to the use of power in the calculations. The Contractor has set the volume of services rendered 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 pointed out the need, by virtue of paragraph 4 of clause 15 (1) of Regulation No. 861 (as amended by Decree of the Government of the Russian Federation No. 442), to apply actual power in the calculations.

The courts of first and appeal 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 position of the customer, referring to the provisions of paragraph 15 (1) of Regulation No. 861, under which the determination of the obligations of the energy sales organization, acting in the interests of consumers served by it under energy supply contracts, to pay for electricity transmission services is carried out in accordance with the newly established no later than 01.01.2013, as well as the lack of proof that the parties have made changes to the terms of the agreement concluded by the parties.

The courts of cassation and supervisory instances pointed to the legitimacy of the conclusion of the courts that the provisions of the second paragraph of paragraph 47 of Regulation No. 861 acquire the character of a mandatory norm for the subjects of the disputed contract from 01.01.2013. Based on this, the courts rightfully did not see any grounds for calculating the cost of electricity transmission services provided in July 2012 based on actual capacity.

This position is followed 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 consider that clause 47 of Rules No. 861, which contains a ban on the use of the amount of declared power when paying for electric power transmission services, was put into effect on 06/12/2012, therefore, with these amendments to the legislation, payments for these services should be made taking into account the actual power.

It seems that in order to establish a clear certainty for the consideration of similar disputes, it is necessary to clarify this issue in the decision of the Presidium of the Supreme Arbitration Court of the Russian Federation.

In the practice of considering these disputes, such situations also arise when the parties have not agreed on the amount of the declared capacity used in the calculations for the rendered services for the transmission of electrical energy.

The practice of the Federal Arbitration Court of the Volga-Vyatka District on this issue is formed in such a way that in the absence of an 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,is 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 claims was the collection of debt for electricity transmission services in relation to newly connected consumers not included in the contract for the provision of electricity transmission services.

The courts of first and appeal instances found that in 2011 technological connection of 216 customers of the customer was carried out, which were provided by the contractor with electricity transmission services without amending the contract for the provision of electricity transmission services. The customer, as a professional participant in the retail electricity market, could not have been unaware of the procedure for payment for electricity transmission services applied in accordance with the current legislation in the absence of an agreement between the parties on the amount of consumer power. Possessing information about the capacity of newly connected consumers, the applicant did not take appropriate measures to adjust the capacity for the corresponding period of regulation.

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 lawful, pointing out that the use of actual capacity for the purposes of settlements for the services provided for the transmission of electricity is imperative from 01/01/2013, unless the parties have agreed otherwise. There is no agreement between the contractor and the customer of services on the possibility of using the actual power in the calculations.

The supervisory court saw no 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 rendered, in connection with the adoption of Decree of the Government of the Russian Federation No. 442, amendments were made to clause 81 of the Fundamentals of Pricing No. 1178, from the analysis of the provisions of which it follows that the consumer of services for the transmission of electrical energy has the right to choose the tariff option for the next year ; to exercise this right, the consumer must notify the territorial grid organization of his decision within one month from the date of the official publication of the tariff decision, in this case, a unilateral declaration of the will of the consumer of services is sufficient.

Subject to the provisions of the Pricing Fundamentals No. 1178, under which the application of one or another tariff option is carried out, 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 leased by agreement in accordance with the established procedure with the authorized federal executive body to territorial grid organizations that are part of a single national (all-Russian) electric grid;

Suppliers of last resort 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 adheres to the position that until January 01, 2013, the consumer is not entitled to unilaterally change the tariff option agreed by the parties used in calculating the cost of the rendered services for the transmission of electric energy.

When establishing the tariff option used in calculating the cost of electricity transmission services rendered in November 2012, the courts pointed to the legitimacy of using the one-part tariff established by the contractor and customer of services in the contract for the provision of electricity transmission services in the calculations of the parties.

The court of cassation rejected the consumer's reference that, by applying a two-part tariff when calculating the cost of services provided during the disputed period, he exercised, in accordance with clause 81 of the Fundamentals of Pricing No. 1178, the right to choose a tariff during the regulatory period. The district court substantiated this by the fact that the agreement in the contract for the provision of services for the transmission of electric energy of a one-part tariff for 2011 was carried out by the parties in accordance with the previous legislation. Clause 81 of the Fundamentals of Pricing No. 1178 expressly provides that changes in the tariff option are not allowed in the billing period of regulation, unless otherwise established by mutual agreement of the parties. The parties did not agree on a change in the tariff in accordance with the established procedure. Paragraph 15 of clause 81 of the Fundamentals of Pricing No. 1178 (as amended by Decree of the Government of the Russian Federation of 04.05.2012 No. 442) contains the requirements for participants in the energy supply market when choosing a tariff option for the regulatory period. The regulatory period is the next year. The dispute arose between the parties for the services rendered in November 2012. Therefore, paragraph 15 of clause 81 of the Fundamentals of Pricing No. 1178 (entered into force in June 2012) will apply to the relations of the parties when choosing a tariff option for the regulatory 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 North-Western District.

The assignment of electrical facilities, through which the resource is transferred to the consumer, to the facilities of the Unified National (All-Russian) Electric Grid (hereinafter - UNEG) excludes the right of the named category of consumers to choose a tariff option.

The courts, when considering claims for the recovery of debts for the services provided for the transmission of electrical energy, came to the conclusion that it was lawful to use a two-part tariff when calculating the cost of the services provided. When examining the evidence in the case, the courts established 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 the Fundamentals of Pricing No. 1178, according to which consumers whose power receiving devices are directly connected to those objects of electric grid facilities that are part of the UNEG, leased to territorial grid organizations in the prescribed manner by agreement with the authorized federal executive body, 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 found the conclusion of the courts of first instance and appellate instances that the defendant did not have the right to choose a tariff option justified.

When considering disputes on the collection of debts for the supplied electric energy, disputes often arise regarding the application of the price category option in the calculations.

So, if the consumer does not have a metering device that allows measuring (recording and storing in memory) the hourly volumes of electrical energy consumption, calculations should be made according to the first price category, which is determined by the totality of supply points within the borders of the consumer's power receivers.

The supplier of last resort submitted claims to the consumer for the recovery of debts for electricity supplied from April to May 2012. Claims are motivated by improper performance by the consumer of the obligation to pay for the delivered resource. There were no integrated metering devices at the defendant's supply points during the disputed period, 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 the calculation of which the consumer notified the guaranteeing supplier. The position of the consumer is motivated by the fact that the metering devices installed by him make it possible to obtain data on electricity consumption by hours (zones) of the day and are agreed by the parties in the contract.

Guided by paragraphs 2, 5, 81 and 97 of the Basic Provisions No. 442 and taking into account the changes in the current legislation that have come into force since April 2012, the courts of first and appeal instances came to the conclusion that it was legal to use the first price category in the settlements of the parties during the disputed period.

The district court considered the adopted judicial acts to be lawful. Rejecting the consumer's arguments about the unlawful application by the courts of the Basic Provisions No. 442, which entered into force on 12.06.2012, the court of cassation noted that, in accordance with subparagraph "b" of paragraph 2 of the Decree of the Government of the Russian Federation of 04.05.2012 No. 442, starting from April 2012 the calculation of the cost of consumed electrical energy must be made by the parties, taking into account the requirements of the 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 measuring (fixing and storing 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 supply points only on May 31, 2012. Under such circumstances, the consumer in the period preceding the named one did not have the right to choose the fourth price category in the absence of hourly planning, in connection with which the courts recognized the legitimate position of the plaintiff, who paid for the allocated resource at the first price category.

Disputes related to the violation by the subscriber (consumer) of the procedure for accounting and consumption of electricity

The main provisions of No. 442 distinguish between unmetered and non-contractual consumption. If in the case of unmetered consumption of electrical energy we are talking about a violation of the contractual obligations of the consumer to comply with the procedure for accounting for consumed electricity, then in the case of uncontracted consumption of electrical energy, unjust enrichment takes place. Therefore, the introduction of a restriction on the consumption regime can be considered as a measure of protection (in case of non-contractual consumption - paragraph 4 of clause 121 of the Basic Provisions No. 442), as well as a measure of operational impact (in case of violation by the consumer of his contractual obligations). Complete and (or) partial restriction of the mode of electricity consumption involves a reduction in consumption 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.

The operation of the meter after the expiration of the calibration interval is the basis for recognizing the consumption of electrical energy as unmetered.

The Arbitration Court considered the dispute on the recovery of the underpaid cost of electric energy from the consumer in view of the additional charge made by the supplier for payment of the cost of unmetered consumption of electric 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, the courts pointed out that when the verification period for the metering device expires, its indications of the amount of supplied energy resource cannot be considered reliable, which in fact means the absence of a metering device. Based on clauses 84, 192, 194 and 195 of the Basic Provisions No. 442, the grid organization is granted the right to identify facts of unaccounted consumption of electrical energy and draw up acts on unaccounted consumption of electrical energy, the calculation of 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 underestimation of electrical energy due to the operation of the metering device with errors, which gave grounds to recognize the consumption of electrical energy as unmetered.

The recovery of the cost of unmetered consumption of electrical energy is possible if there is a proper fixation of the fact of unmetered consumption of electrical energy.

When considering a dispute on 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 the Basic Provisions No. (non-contractual) consumption of electricity by the person carrying out such consumption, as well as the obligatory presence of such a person when drawing up the act. Having established the absence of an act of unmetered 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 evidence of consumption of the resource by a third party and the defendant's lack of the status of a grid organization or a guaranteeing supplier, the courts pointed to the groundlessness of filing a claim.

The absence of the consumer's fault in violating the operating mode of the metering device is not a basis for not recognizing the fact of unmetered consumption of electrical energy, provided that the consumer has not informed the resource supply organization of a violation of the operating mode of the metering device that is obvious to the consumer.

The subject of the claims was the recovery of the cost of unmetered consumption of electrical energy.

When examining the evidence in the case, the courts of first instance and appellate instances found that, based on the results of an inspection of the electric energy metering unit conducted by the grid organization, it was recorded that the metering device is not calculated and must be replaced, which indicates that the fact of a malfunction of the metering device has been proven. Taking into account these circumstances, the provisions of paragraph 145 of the Basic Provisions No. 442 and the terms of the electricity supply agreement governing 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 meter, to comply with the terms of their periodic inspection, notifying the supplier of last resort (energy sales organization) and the grid organization about a malfunction of the metering device. Therefore, in the considered case, the fact of consumption of electrical energy by the consumer in the absence of a serviceable meter is proven.

Rejecting the consumer’s argument that it was impossible for him to notify the grid organization of a malfunction of an electric 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 accounting of electric energy and with due care and diligence, pay attention to a clear violation of accounting and report this network organization and supplier, taking measures to check the metering device. The court of cassation considered the judicial acts adopted by the courts of the first and appellate instances lawful and justified.

In the practice of considering disputes, in the consideration of which the provisions of Decree No. 442 are applied, there is also such a category of disputes when the prosecutor of a constituent entity of the Russian Federation, who applied to the arbitration court in accordance with Article 52 of the Arbitration Procedure Code of the Russian Federation, asks to invalidate the signed by the guaranteeing supplier and social institution an 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 electric 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 agreement on the complete or partial restriction of the mode of consumption of electric 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 providing for the right of the supplier of last resort to partial and (or) complete restriction of the mode of consumption of electrical energy by the consumer related to the social infrastructure in the following cases: identification of the unsatisfactory condition of the consumer's power installations (power receivers), certified by the state energy authority; supervision that threatens an accident or endangers the life and health of people; occurrence (threat of occurrence) of emergency electric power modes; the occurrence of unscheduled shutdowns.

When making the decision, the court proceeded from the fact that the consumer of electric energy belongs to the social infrastructure for children. The termination or restriction of the supply of electrical energy to this consumer will entail the termination of the operation of facilities used to ensure the activities of an educational institution, which may entail a violation of the rights of children. The grounds for a break in the supply, for stopping or restricting the supply of energy to children's institutions may be provided only by law or other regulatory legal acts adopted on its basis.

The arguments of the supplier of last resort both in the appeal and in the cassation complaints related to the fact that the introduction of restrictions on the mode of consumption of electrical energy in the event of emergency electrical modes and the occurrence of extra-scheduled shutdowns 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 courts of appeal and cassation pointed out the groundlessness of these arguments, justifying this by the fact that paragraph 18 of Regulation No. educational institution, restrictions on the mode of consumption below the value of the emergency armor.

Summing up, 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 governing relations on the circulation of electric energy is certainly very relevant.

In order to ensure the uniformity of judicial practice, we propose to discuss the prepared summary 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 terms for sending a notice of a scheduled inspection of a legal entity according to Decree No. 442 dated May 4, 2012.

168. Verification of compliance by the grid organization with the requirements of this document, which determine the procedure for accounting for transmitted electrical energy, including the inspection of metering devices belonging to the grid organization and installed within the boundaries of the electric grid facilities of such a grid organization, is carried out by adjacent grid organizations, consumers whose power receiving devices are connected to the electric grid facilities of such grid organizations, and (or) guaranteeing suppliers (energy sales, energy supply organizations) representing their interests, producers of electric energy (capacity) in the retail markets, whose electric energy (capacity) production facilities are connected to the electric grid facilities of such grid companies organizations. The conditions and procedure for conducting such checks are determined by an agreement with the specified grid organization.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

ON THE INVOICE I AM FURTHER ADDED TO THE CONSUMED ELECTRICITY ANOTHER 30% AND 40% ADVANCE PAYMENT FOR THE NEXT MONTH REFERING TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION No. 442. IS THIS FAIR?

Pay as you go

Hello
Write a complaint to the prosecutor's office and Rospotrebnadzor.
Only the energy actually consumed should be charged.
Advance payable on request

Hello. Alas, it's legal.

GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT FUNCTIONING
RETAIL MARKETS OF ELECTRIC ENERGY, COMPLETE
AND (OR) PARTIAL LIMITATION OF THE MODE OF CONSUMPTION
ELECTRIC ENERGY

In accordance with the Federal Law "On the 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 the complete and (or) partial restriction of the mode of consumption of electrical energy;

changes that are made to the acts of the Government of the Russian Federation on the functioning of retail electricity markets.

2. Determine that:

a) this resolution applies to relations arising from public contracts previously concluded in the retail electricity markets (hereinafter referred to as the retail markets), in terms of the rights and obligations that arise after its entry into force;

b) this Resolution shall apply to the calculation of obligations for the sale and purchase of electrical energy (capacity) on the wholesale electrical energy (capacity) 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 the 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", established for consumers whose connected capacity of power receiving devices exceeds 750 kVA within the boundaries of their balance sheet, until January 1, 2017;

d) the provisions of this resolution on the points of supply under the contract for the provision of services for the transmission of electrical energy shall apply to the conditions for the points of connection provided for in the previously concluded contracts for the provision of services for the transmission of electrical energy, until such contracts are brought into line with this resolution;

e) calculation methods, except for 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 consumer (buyer) service quality standards in accordance with the requirements established by the Basic Provisions for the Functioning of Retail Electricity Markets, approved by this Resolution, and action programs to improve the quality of consumer (buyer) service are carried out by last resort suppliers until May 1, 2013. ;

g) sending notifications to consumers of electric power transmission services, as well as to consumers (buyers) under an energy supply agreement about the need to include in these agreements the maximum power of power receiving devices, determined in accordance with the Rules for Non-Discriminatory Access to Electricity Transmission Services and the Provision of These Services, approved, is carried out respectively by grid organizations and guaranteeing suppliers within 2 months;

h) information on the calculation methods established by the Basic Provisions for the Functioning of Retail Electricity Markets, approved by this Decree, to be used in cases of absence of a meter, non-admission to the meter for the purpose of carrying out control taking of its readings, checking its condition, as well as in cases of failure to provide readings of metering devices and revealing the facts of unmetered and contractless consumption of electrical energy, is communicated to consumers (buyers) in invoices for payment of electrical energy (capacity) 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 on another legal basis, an object (part of an object) for the production of electrical energy (capacity) (including a power plant) specified in paragraph one of clause 31 of the Rules for the Wholesale Electricity and Power Market, approved by the "On approval of the Rules of the Wholesale Electricity and Capacity Market and on Amendments to Certain Acts of the Government of the Russian Federation Concerning the Organization of the Operation of the Wholesale Electricity and Capacity Market", and did not receive confirmation regarding the power plant as a whole that the requirement of the Federal Law "On the Electric Power Industry" on the implementation of of all produced electric energy and capacity only on the wholesale market, has the right to sell all the electric energy produced at such an object (parts of such an object) only on the wholesale market;

j) control over compliance by last resort suppliers with the Rules for determining and applying by last resort suppliers of unregulated prices for electrical energy (capacity), 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 allowances of suppliers of last resort 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 guidelines provided for in paragraph 6 of this resolution.

3. The non-profit partnership "Market Council for Organizing an Efficient System of Wholesale and Retail Trade in Electric Energy and Capacity" requests information from the executive authorities of the constituent entities of the Russian Federation, wholesale and retail market entities on price and volume indicators, as well as other values ​​that affect the change 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 Efficient System of Wholesale and Retail Trade in Electricity and Power" informs the federal executive authorities and executive authorities of the constituent entities of the Russian Federation authorized to control and supervise the activities of wholesale and retail market entities of 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 a month, develop and submit to the Government of the Russian Federation criteria for classifying grid organizations as grid organizations created on the basis of grid 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 3 months, develop exemplary contracts 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 regulatory legal acts on the implementation by the executive authorities of the constituent entities of the Russian Federation in areas of state regulation of tariffs control over compliance by last resort suppliers with the Rules for determining and applying by last resort suppliers of unregulated prices for electricity (capacity).

6. By August 1, 2012, 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, shall approve the guidelines for calculating the sales markup of guaranteeing suppliers, including those determining the procedure for calculating sales markups in the form of a formula for the group (subgroups) "other consumers" based on the 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 profitability of sales of guaranteeing suppliers.

7. The Federal Tariff Service shall, within 3 months, bring its regulatory legal acts in line 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 methodological guidelines for determining and applying the coefficients for combining the maximum consumption of electrical energy when determining the degree of loading of electric grid facilities commissioned after construction;

within 6 months, bring into line with this resolution the rules for the development and application of schedules for emergency limitation of the mode of consumption of electrical energy and the use of emergency automatics.

9. By January 1, 2013, 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 shall develop and submit to the Government of the Russian Federation draft regulatory legal acts relating to the issues of solving the problem of cross-subsidization in retail markets.

10. To 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, on the basis of an analysis of the volume of reserved maximum power that are supported by grid organizations in the interests of consumers, and the possible tariff consequences of switching to paying for 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 features of determining the cost of services for the transmission of electrical energy, taking into account the payment of the reserved maximum capacity, including the timing of the transition to payment of the specified value.

11. Recognize as invalid the acts of the Government of the Russian Federation according to the list in accordance with the appendix.

12. Paragraph five of clause 9 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by this resolution, shall enter into force upon the expiration of 1 year from the date of entry into force of this resolution.

Prime Minister
Russian Federation
V. PUTIN

Voltage relief must be provided for all phases connected to the meter. Current transformers used to connect meters at 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 electric grid facilities with electric energy metering devices, as well as for resumption of electricity metering, in case 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 dwelling to bear the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of premises in the corresponding apartment building. According to clause 13 of the Rules for the provision utilities citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 307, the obligation to ensure the readiness for the provision of utility services of in-house engineering systems that are part of the common property of owners of premises in an apartment building, as well as mechanical, electrical, sanitary and other equipment located in a residential building 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 an apartment building, owners of residential buildings.

The determination of the volume of consumption (production) of electrical energy (capacity) in the retail markets, the services rendered for the transmission of electrical energy, as well as the actual losses of electrical energy in electric grid facilities is carried out on the basis of data obtained:

1. using electrical energy metering devices, including those included in the measuring complexes, metering systems;
2. in the absence of metering devices, if the consumer fails to provide the readings of the metering device within the time limits stipulated by law, in the event of a double non-admission to the metering device, in the event of a malfunction of the metering device, in the event of the loss of the metering device, in the event of the expiration of the calibration interval of the metering device, in case of unmetered consumption - by applying calculation methods provided for by Decree of the Government of the Russian Federation of 04.05.2012 N 442 Metering devices.

On the Functioning of Retail Electricity Markets, Full and (or) Partial Restriction of the Mode of Electricity Consumption” accounting of electric energy consumed by citizens should be carried out only by electric meters of accuracy class 2.0 and higher. The replacement of electric meters is regulated by the decision of the State Standard of the Russian Federation and the letter of the State Energy Supervision Authority dated 2000.

Replacement of the metering device for consumed electricity in a residential area owned by the consumer (including private households) is carried out at his expense (according to Article 210 of the Civil Code of the Russian Federation). If the metering devices are located in public places (stairwells 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 administration).

Info

The meter provides storage of fixed parameters in a non-volatile storage device for at least 20 years in the absence of mains voltage. Information is displayed on the LCD (liquid crystal display) Calibration interval - 16 years Average service life - 30 years 220V 10 (60) A (outwardly similar to the 505th model) domestic single-phase electronic devices of accuracy class 1.0 TsE6807 - single-tariff and two-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, then this device was assembled in violation of technology. The inside of the device must be as clean as a mechanical watch.

About replacing the electricity meter

Attention

Who needs to replace the electricity meter? Firstly, with the advent of powerful modern household appliances - ovens, microwaves, electric kettles, multicookers, bread ovens, air conditioners ... the power consumption of our apartments has significantly exceeded the face value of old meters, they receive significant overloads, which leads to the failure of the electric meter, even to fires. Modern electric meters are designed for current up to 80 amperes.

secondly In accordance with paragraph 142 of the Decree of the Government of the Russian Federation of 04.05.2012 No. 442, “On the functioning of retail markets for electrical energy ...”, only devices of accuracy class 2.0 and higher (1.0) are used by citizens-consumers for electricity metering . Replacing a “failed” electric meter at whose expense? In accordance with par.
2 tbsp.
Reasons: - due to the emergence 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 up to 40-60 amperes. - electric meters of accuracy class 2.5 should be replaced by electric meters with an increased accuracy class. - 2.0 or 1.0. Replacement standards Old electric meters are no longer subject to manufacture, repair and state verification and must be replaced before the end of the calibration interval (i.e. within 16 years from the date of the last calibration of the device), or as a result of their obvious failure. According to latest Decree Government of the Russian Federation dated 04.05.2012 N 442 (instead of the previous post.

Decree of the Government of the Russian Federation 442 2018 on the replacement of meters

• Government Decree to replace electricity meters
• Electricity meters - electricity meters
• We study resolution 442 on the replacement of electricity meters: practical advice
• About replacing the electricity meter
• Decree of the Government of the Russian Federation 442 2018 on the replacement of meters
• Decree of the Government of the Russian Federation 442 2017 on the replacement of meters

According to GOST 6570-96 "Induction 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 the metering device, the admission to operation of which is planned to be carried out, was carried out by the supplier of last resort, then in this case such an 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 timing of this 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 buy them at the CSCs, sites, branches of SE "KurskAtomEnergosbyt" of JSC "AtomEnergosbyt" in our region. OP "KurskAtomEnergosbyt" provides services for the replacement of 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 readings of the electric meter 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 from the original reading. The actual power 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 beat, do not pour water, do not break the seal, do not open. Work with electrical wiring and electrical equipment should be carried out in compliance with safety regulations.
Electricity at 220 volts does not tolerate jokes.
Commercial metering of electrical energy (power) - 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 of mutual settlements for the supplied electrical energy and capacity, as well as for services related to the said supplies. (Article 3, Federal Law of March 26, 2003 N 35-FZ "On the Electric Power Industry") Measuring complex - a set of metering devices and measuring current and (or) voltage transformers connected to each other according to the established scheme, through which such metering devices are installed ( connected) (hereinafter referred to as instrument transformers), designed to measure the volume of electrical energy (power) at one point of supply. (p. 136.

1. Decree of the Government of the Russian Federation of August 31, 2006 N 530 "On approval of the main provisions for the functioning of retail electricity markets" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2006, N 37, art. 3876).

2. Decree of the Government of the Russian Federation of July 16, 2007 N 450 "On Amendments to the Decree of the Government of the Russian Federation of August 31, 2006 N 530 "On Approval of the Rules for the Functioning of Retail Electricity Markets in the Transitional Period of Reforming the Electric Power Industry" (Collected Legislation of the Russian Federation, 2007, N 30, item 3940).

3. Paragraph 3 of the amendments that are being made to the resolutions of the Government of the Russian Federation in connection with the definition of the features of the functioning of the wholesale electricity (capacity) market during the transition period in territories not united in price zones approved (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, No. 2, article 84).

4. Decree of the Government of the Russian Federation of December 29, 2007 N 996 "On Amendments to Certain Decrees of the Government of the Russian Federation on the Organization of the Activities of Guaranteed Suppliers of Electricity" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, N 3, Art. 182).

5. Clause 3 of the amendments to the resolutions of the Government of the Russian Federation on the organization of competitive trade in generating capacity on the wholesale electricity (capacity) market, approved (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 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 in the Transitional Period of Reforming the Electricity Industry" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2009, N 12, Art. 1441).

7. Subparagraph "c" of paragraph 2 of the amendments that are made to the acts of the Government of the Russian Federation on improving the procedure for technological connection of consumers to electric networks, approved (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2009, N 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 in the Transitional Period of Reforming the Electricity Industry" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2009, N 20, Art. 2475).

9. Subparagraph "b" of paragraph 1 and paragraph 2 of the amendments that are made to the acts of the Government of the Russian Federation on the functioning of retail electricity markets, approved (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2009, N 41, art. 4771).

10. Paragraph 3 of the amendments that are made to the acts of the Government of the Russian Federation in terms of improving the procedure for paying for electrical energy (capacity), thermal energy and natural gas, approved (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2009, N 43, Art. 5066).

11. Decree of the Government of the Russian Federation of February 26, 2010 N 94 "On Amendments to Clause 62 of the Rules for the Functioning of Retail Electricity Markets in the Transitional Period of Reforming the Electricity Industry" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, N 10, Art. 1082).

12. Paragraph 3 of the amendments that are made to the acts of the Government of the Russian Federation in connection with the determination of the specifics of calculating the cost of electrical energy (capacity) for consumers in 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 of May 15, 2010 No. 344 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, No. 21, Art. 2610).

13. Paragraph 3 of the amendments that are made to the acts of the Government of the Russian Federation on the issue of determining the specifics of the location of supply points for a single economic entity in railway transport in the wholesale and retail markets for electric energy (capacity), 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 amendments to the list of consumers of electrical energy (individual objects), the restriction of the mode of consumption of electrical energy of which is not allowed below the level of emergency armor" (Collected Legislation of the Russian Federation, 2010, N 49, article 6521).

15. Clause 2 of the amendments that are made to the acts of the Government of the Russian Federation on the functioning of retail electricity markets, approved (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, No. 11, Art. 1524).

16. Paragraph 4 of the amendments that are made to the acts of the Government of the Russian Federation on the provision of public services, approved (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2011, N 22, art. 3168).

17. Decree of the Government of the Russian Federation of May 6, 2011 N 355 "On Amending the Basic Provisions for the Functioning of Retail Electricity Markets" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, N 20, Art. 2831).

18. Subparagraph "a" of paragraph 1 and paragraph 3 of the amendments that are 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 (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2011, N 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 (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2012, N 4, art. 505).