Network organizations in the Russian electric power industry: concept, characteristics. The concept of the electric power industry and its subjects Who belongs to the electric power industry enterprises

Smagin A.V., Master of Private Law.

The presence in the Civil Code of norms establishing public law

elements, reflects not only the features of the transitional

period of the economy, but, obviously, national characteristics

future Russian market that can provide

harmony of interests and stability public life <1>.

Electric power industry is a branch of the economy Russian Federation, which includes a complex of economic relations arising in the process of production (including production in the mode of combined generation of electrical and thermal energy), transmission electrical energy, operational dispatch control in the electric power industry, sales and consumption of electric energy using production and other property facilities (including those included in the Unified Energy System of Russia) owned by right of ownership or on another basis provided for by federal laws to subjects of the electric power industry or other persons. This concept contained in Art. 3 of the Federal Law of March 26, 2003 N 35-FZ “On Electric Power Industry”<2>(hereinafter referred to as the Federal Law), which establishes legal basis economic relations in the electricity sector (Article 1), i.e. sets features legal regulation relations regulated by civil law.

The Federal Law established the main provisions for reforming the industry, including the division of activities in the electric power industry into competitive and non-competitive, and established the specifics of legal regulation of the activities of a legal entity depending on the type of electric power facilities that it uses when carrying out business activities in this industry.

During the reform process, a large number of electric power industry entities were created, including generating companies, technological and commercial infrastructure organizations, and energy sales companies.

By subjects of the electric power industry, the Federal Law understands persons carrying out activities in the field of electric power, including the production of electric and thermal energy, supply (sale) of electric energy, energy supply to consumers, provision of services for the transmission of electric energy, operational dispatch control in the electric power industry, sales of electric energy , organization of purchase and sale of electrical energy.

This article will discuss network organizations as subjects of the electric power industry. As of 2011, there are more than 2,500 network organizations operating in Russia (these are only those legal entities that have applied to the regulatory body to set a tariff for electricity transmission services)<3>.

Federal law classifies network organizations as infrastructure organizations.

Infrastructure is usually understood as a set of industries, enterprises and organizations included in these industries, their types of activities designed to ensure and create conditions for the normal functioning of the production and circulation of goods, as well as the life of people...<4>.

Some electric power industry entities are classified by federal law as subjects of commercial or technological infrastructure. Organizations of the commercial infrastructure of the wholesale market include the non-profit partnership "Market Council", which is the organizer of the wholesale market for electric energy and power, the commercial operator of the wholesale market, providing organization services wholesale trade electricity, capacity and other goods and services admitted to circulation on the wholesale market, as well as other commercial infrastructure organizations.

Technological infrastructure organizations include network organizations that provide services for the transmission of electrical energy (power) and technological connection: JSC FGC UES - the organization for managing the unified national (all-Russian) electric network (hereinafter - UNEG) and territorial network organizations<5>(hereinafter referred to as TSO), as well as SO UES OJSC, which provides operational dispatch control services to electric power industry entities and consumers of electric energy.

• 591 billion kWh- volume of electricity transmitted through the holding’s networks in 2010 (about 59% of Russian consumption);
• 559.5 billion rubles.- consolidated revenue according to IFRS in 2010;
• 34 billion rubles- net profit in 2010.

According to: We are ready to consider any responsible proposals // Kommersant. 08/26/2011. N 158. P. 10; The government will spread its nets for investors // Kommersant. 03/14/2011. N 42/P.

In addition, the legislator classifies the facilities used by grid organizations in the course of their business activities as technological infrastructure - the basis for the functioning of the electric power industry. According to paragraph 1 of Art. 5 of the Federal Law, the technological basis for the functioning of the electric power industry is the UNEG, territorial distribution networks through which electric energy is transmitted, and one system operational dispatch control.

The main principle of using the technological infrastructure of the electric power industry by subjects of the wholesale market is to ensure the most efficient organization of economic relations in the wholesale market.

The interaction of wholesale and (or) retail market entities with the organization managing the UNEG and (or) TGO is carried out in accordance with the Rules for non-discriminatory access to electric energy transmission services and the provision of these services, approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861<6>, Rules of the wholesale market of electric energy and capacity, approved by Decree of the Government of the Russian Federation of December 27, 2010 N 1172<7>, as well as the Basic provisions for the functioning of retail electricity markets, approved by Decree of the Government of the Russian Federation of August 31, 2006 N 530<8>.

At the moment, the Federal Law does not define the concept of “infrastructure organization” and does not establish the specifics of legal regulation of the activities of such organizations. The classification or non-classification of a legal entity as an infrastructure organization does not change the legal regulation of the activities of this entity. At the same time, the development of the UNEG and TSO electric grid facilities is a priority task for grid organizations and the investment policy of the state as a whole. So, for example, in accordance with paragraph 3 of Art. 29 of the Federal Law, the goals of the state investment policy in the development of the UNEG are to increase the efficiency of the electric power industry, eliminate technological limitations flow of electrical energy and increasing the capacity of electrical networks to ensure the delivery of power by power plants. For these purposes, the state regulates the investment activities of the UNEG management organization.

The first legal concept of "network organization"<9>was enshrined in the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861 (hereinafter referred to as the Rules).

In the Resolution, network organizations were understood as commercial organizations main activity which is the provision of services for the transmission of electrical energy via electrical networks, as well as implementation of measures for technological connection.

This concept, due to its incorrectness, was changed by Decree of the Government of the Russian Federation of March 21, 2007 N 168<10>. The incorrectness of the concept was revealed during the enforcement of the rules of the Rules. In particular, clause 3 of the Rules provides for ensuring equal conditions for the provision of services to their consumers, regardless of the organizational and legal form and legal relations with the person providing these services. Thus, the norms of the Rules are aimed at implementing Art. 426 of the Civil Code of the Russian Federation and clause 2 of Art. 26 of the Federal Law and enshrine general principles and the procedure for ensuring non-discriminatory access to electric energy transmission services, as well as the provision of these services, including preventing the network organization from refusing to enter into a public contract if it is possible to provide the consumer with relevant services (electric energy transmission and technological connection).

At the same time, the previously existing concept excluded the application of the rules of the Rules to such organizations whose main activity was not the provision of services or technological connection, but, for example, the production of paper, metal, etc., but at the same time the organization was legally founded the power grid facilities. Abuse, as a rule, was expressed in evasion of concluding an agreement on technological connection by organizations that own power grid facilities, while the main activity of which was not transmission or technological connection.

Currently, according to clause 2 of the Rules, grid organizations are organizations that own, by right of ownership or on another basis established by federal laws, electric grid facilities, with the use of which such organizations provide services for the transmission of electrical energy and carry out in the prescribed manner technological connection of power receiving devices ( power plants) legal and individuals to electric networks, as well as those exercising the right to conclude contracts for the provision of services for the transmission of electric energy using electric grid facilities owned by other owners and other legal owners and included in the UNEG.

Based on the above concept, the legislation of the Russian Federation on the electric power industry contains the following characteristics subject of the electric power industry, in the presence of which the person can be recognized as a network organization.

First sign. A network organization is an organization. According to paragraph 1 of Art. 2 of the Civil Code of the Russian Federation<11>(hereinafter - the Civil Code of the Russian Federation) participants in relations regulated by civil law are citizens and legal entities. By a legal entity, the Civil Code of the Russian Federation understands an organization that has separate property in ownership, economic control or operational management and is liable for its obligations with this property, can, in its own name, acquire and exercise property and personal non-property rights, bear responsibilities, be a plaintiff and defendant in court (Article 48 of the Civil Code of the Russian Federation).

Based on the concept of “network organization” disclosed in the Rules, a network organization can only be a legal entity. Citizens (individuals carrying out entrepreneurial activity) cannot be recognized as a network organization. At the same time, according to paragraph 1 of Art. 22 of the Civil Code of the Russian Federation, no one can be limited in legal capacity and capacity except in cases and in the manner established by law. Civil rights may be limited on the basis federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state (paragraph 2, paragraph 2, article 1 of the Civil Code of the Russian Federation). The federal law does not directly establish the goals of introducing the restriction, and the restriction itself is clearly legal and technical<12>not expressed.

In accordance with the legal position of the Constitutional Court of the Russian Federation, consistently set out in Resolutions of May 14, 1999 N 8-P, of July 15, 1999 N 11-P, of May 27, 2003 N 9-P, of November 14, 2005 N 10-P, dated May 27, 2008 N 8-P, dated July 13, 2010 N 15-P, inaccuracy, ambiguity and uncertainty of the law give rise to the possibility of ambiguous interpretation and, consequently, its arbitrary application, which is contrary to the constitutional principles of equality and justice, from which follows the requirement of certainty, clarity, unambiguity of legal norms and their consistency in the system of current legal regulation; otherwise, there may be inconsistent enforcement practices that weaken guarantees state protection rights, freedoms and legitimate interests.

Thus, from the point of view of legal technology in terms of establishing restrictions, it is necessary to clarify the norms of the legislation of the Russian Federation on the electric power industry.

Second sign. Grid organization is an organization that owns electric grid facilities by right of ownership or on another basis established by federal laws. The second feature of a network organization is based on the principle of title ownership<13>legal entity and power grid facilities. Under the power grid facilities st. 3 of the Federal Law understands power lines, transformer and other substations, distribution points and other equipment intended to ensure electrical connections and transmit electrical energy. The legislation of the Russian Federation does not contain a general rule limiting the turnover of electric grid facilities.

Third sign. A legal entity can be classified as a network organization if it carries out the following types of activities using power grid facilities:

• provision of services for the transmission of electrical energy;
• implementation of technological connection of power receiving devices (power installations) of legal entities and individuals in accordance with the established procedure.

Before the adoption of the Federal Law, the by-law normative legal act distinguished the concept of “transmission of electrical energy” from the concept of “distribution of electrical energy”<14>.

Currently, the legislation of the Russian Federation on the electric power industry does not contain the above delimitation, and by services for the transmission of electrical energy, the Federal Law understands a complex of organizationally and technologically related actions, including operational and technological management, ensuring the transmission of electrical energy through technical devices of electrical networks in accordance With mandatory requirements(Article 3 of the Federal Law).

According to paragraph 2 of Art. 26 of the Federal Law, the provision of services for the transmission of electrical energy is carried out on the basis of a contract for the provision of paid services. The contract for the provision of these services is public <15>.

Activities for the provision of services for the transmission of electrical energy carried out by network organizations, as well as the specified activities of owners or other legal owners of electrical grid facilities, are carried out under conditions of a natural monopoly and are regulated in accordance with the legislation on natural monopolies, the Federal Law “On Electric Power Industry” and other federal laws .

Article 4 of the Federal Law of August 17, 1995 N 147-FZ "On Natural Monopolies"<16>classifies the activity of transmitting electrical energy as a natural monopoly activity.

Production under conditions of natural monopoly has an important technological feature that determines it economic efficiency: it is characterized by a significant reduction in costs per unit of goods (products) as volumes increase. This usually occurs as a result of significant economies of scale and high fixed costs. Due to this cost structure, it is not the competition of several producers that is more effective, as in other industries, but the absence of competition and the monopoly of one commodity producer. Main sign natural monopoly lies in the fact that satisfying demand in a given market under monopoly conditions is more effective than under competition<17>.

In accordance with the Federal Law "On Natural Monopolies", the predominant method of administrative-legal regulation and control applied to natural monopoly entities is price regulation, carried out by determining tariffs or their maximum levels for individual species products (services), the list of which is established by law<18>.

One of the most important functions of natural monopoly regulatory bodies is the formation and maintenance of a register of natural monopoly entities. Making a decision to introduce regulation is the basis for including a natural monopoly entity in the register. The inclusion of a natural monopoly entity in the register does not depend on its market share and whether it commits violations of the law. The register includes only those economic entities that are engaged in the production (sale) of goods under conditions of a natural monopoly.

In addition to the above type of activity, carried out in accordance with the legislation on natural monopolies, the grid organization is obliged to carry out, in relation to any person who applies to it, measures for the technological connection of newly commissioned, newly built, expanding their previously connected capacity and reconstructed power receiving devices to their electrical networks (hereinafter referred to as technological connection) subject to his compliance with the Rules for the technological connection of power receiving devices of electrical energy consumers, electrical energy production facilities, as well as electrical grid facilities belonging to network organizations and other persons to electrical networks, approved by the Decree of the Government of the Russian Federation of December 27 2004 N 861 (hereinafter referred to as the Rules for Technological Connection), and the availability of the technical possibility of technological connection.

According to para. 2 p. 1 art. 26 of the Federal Law, technological connection is carried out on the basis of an agreement on technological connection to electric grid facilities, concluded by the network organization and the person who has applied to it. Said agreement is public.

It should be noted that the owner (who is not a network organization) of a power receiving device or electric power facilities previously technologically connected in the proper manner, in agreement with the network organization, has the right to connect a third party (another owner of the electric power facility) to his networks, subject to compliance with the previously issued technical specifications. In this case, an agreement on technological connection is concluded between the specified owner of the power receiving device and a third party, the fee for which is established in accordance with the legislation of the Russian Federation on the electric power industry.

Fourth sign. A grid organization is an organization that “exercises the right to conclude contracts for the provision of services for the transmission of electrical energy using power grid facilities belonging to other owners and other legal owners included in the UNEG.”

This feature is typical for the UNEG management organization. Currently, the owners of electric grid facilities, which according to their parameters relate to UNEG facilities, are more than 60 legal entities. The total number of such objects owned by other owners is more than 400. As a rule, we're talking about about electric grid facilities of persons who were not part of the holding company RAO UES of Russia, therefore the consolidation of such facilities through centralized corporate procedures could not be carried out.

Federal law in order to ensure the security of the Russian Federation, protect the rights and legitimate interests of legal entities and individuals, ensure the unity of the economic space in the sphere of circulation of electrical energy limited the owners or other legal owners of electric grid facilities included in the UNEG, in the exercise of their rights in terms of:

concluding agreements for the provision of services for the transmission of electrical energy using electric grid facilities included in the UNEG, and determining the terms of these agreements;

use (decommissioning) of these facilities without agreement with the UNEG management organization (Clause 2, Article 7 of the Federal Law).

The rights of owners and other legal owners of electric grid facilities included in the UNEG, limited by Federal Law, are exercised by the UNEG management organization.

The UNEG management organization concludes with other owners or other legal owners of electric grid facilities included in the UNEG, agreements defining the procedure for using these facilities.

The conclusion of such agreements is mandatory for owners or other legal owners of electric grid facilities included in the UNEG.

The above four characteristics of a network organization are specified in the legislation of the Russian Federation on the electric power industry. In this article we would like to draw attention to other features that characterize the legal regulation of the activities of grid organizations or distinguish their regulation from other participants in legal relations in the electric power industry.

Legal regulation of the activities of grid organizations must be distinguished from the legal regulation of the activities of other owners of electric grid facilities. Grid organizations are professional participants in the electrical energy and capacity markets, providing services for the transmission of electrical energy and carrying out technological connection activities on an ongoing basis. The contracts on the basis of which the above services are provided are public, and network organizations do not have the right to refuse to conclude them or to give preference to certain potential consumers<19>.

Other owners of electric grid facilities, as a rule, created electric grid facilities to satisfy their own production needs. Forcing such owners to compulsorily conclude contracts with any applicant would be a restriction of rights and a violation of the fundamental principle of civil law - freedom of contract (Clause 1, Article 1 of the Civil Code of the Russian Federation, Article 421 of the Civil Code of the Russian Federation). At the same time, taking into account the specifics of the construction of the UES of Russia, energy supply schemes settlements and the continuity of the process of production, transmission and consumption of socially significant goods - electricity and power, the legislation of the Russian Federation on the electric power industry imposes certain restrictions on other owners of electric grid facilities.

The Federal Law provides that another owner of electric grid facilities to which power receiving devices or electric power facilities are technologically connected in the proper manner does not have the right to prevent the transfer of electrical energy to and/or from said devices or facilities, including the conclusion of a in relation to the specified devices or objects of contracts for the purchase and sale of electrical energy, energy supply contracts, contracts for the provision of services for the transmission of electrical energy.

So, for example, if consumer power receiving devices electrical energy are connected to the electrical networks of the network organization through:

(1) power plants of electrical energy producers;

(2) electric grid facilities of persons who do not provide electric energy transmission services; or

(3) ownerless power grid facilities that are directly connected to the networks of grid organizations,

such consumer enters into an agreement for the provision of services for the transmission of electrical energy with that network organization, to the networks of which are connected power installations of electric energy producers, ownerless power grid facilities or power receiving devices (power grid facilities) of persons who do not provide electric energy transmission services, to which its power receiving device is directly connected.

This institution is called indirect connection, is established by the legislation of the Russian Federation on the electric power industry and is aimed at protecting the rights of an indefinite number of persons to freely gain access to a socially significant object of civil law - electricity and power for the purpose of its consumption.

The indicated owners and other legal owners of electric grid facilities through which the consumer's power receiving device is indirectly connected to the electric networks of the network organization have the right to provide services for the transmission of electrical energy using the electric grid facilities belonging to them after a tariff for electric energy transmission services has been established for them.

Based on the following criteria: 1) title ownership of electric grid facilities, whether included or not included in the UNEG; 2) provision of services for the transmission of electrical energy at wholesale or retail markets, grid organizations can be divided into the organization for managing the UNEG and the TGO.

The specified criteria for distinguishing grid organizations are currently conditional, since there are often cases when the UNEG management organization provides services to retail market entities and, conversely, TGO provides services for the transmission of electrical energy to wholesale market entities. In addition, the Federal Law allows for the possibility, until January 1, 2014, for the UNEG management organization to lease electric grid facilities to TGOs in agreement with the authorized federal executive authorities<20>.

At the same time, it must be emphasized that the UNEG is the main part of the United energy system Russia and includes a system of main power transmission lines connecting most regions of the country, and represents one of the elements guaranteeing the integrity of the state<21>.

In accordance with Art. 7 of the Federal Law, the UNEG is a complex of electric networks and other electric grid facilities owned by right of ownership or on another basis provided for by federal laws to electric power industry entities and ensuring a stable supply of electric energy to consumers, the functioning of the wholesale market, as well as the parallel operation of the Russian electric power system and electric power systems foreign states.

The criteria for classifying electric grid facilities as UNEG were approved by Decree of the Government of the Russian Federation of January 26, 2006 N 41<22>. The conditions for classifying electric grid facilities as part of the UNEG and the procedure for maintaining the register of electric grid facilities included in the UNEG are approved by Decree of the Government of the Russian Federation of October 28, 2003 N 648.

However, the legislation of the Russian Federation makes one exception: a complex of electrical networks and other electrical grid facilities railway transport public use does not apply to the UNEG. Open Joint Stock Company "Russian railways"disposes of these objects independently, taking into account the restrictions established by Federal Law of February 27, 2003 N 29-FZ "On the peculiarities of management and disposal of railway transport property"<23>.

In order to preserve and strengthen the UNEG, ensure unity technological management and implementation public policy In the electric power industry, an organization to manage the UNEG was created.

In accordance with clause 3 of the Regulations on the assignment of electric grid facilities to the UNEG and on maintaining a register of electric grid facilities included in the UNEG, approved by Decree of the Government of the Russian Federation of October 28, 2003 N 648, open joint-stock company "Federal Grid Company of the Unified Energy System" named the UNEG management organization<24>.

• number of substations - 797 pcs.;
• total power of transformers 35 - 750 kV - 305,459 MVA;
• total length of networks - 121.096 thousand km;
• electricity supply - 466 billion kWh.

The legislation of the Russian Federation on the electric power industry establishes that the share of participation of the Russian Federation in authorized capital the organization for the management of the UNEG upon completion of the reform of OAO RAO UES of Russia must have at least 75 percent plus one voting share.

The creation of an organization to manage the UNEG, according to reformers, should allow:

strengthen the integrating role of the Unified Energy System of Russia and ensure interaction between electricity producers and consumers in the competitive wholesale electricity market;

ensure direct connection of all regions of Russia to the UNEG;

guarantee equal access of sellers and buyers to the wholesale electricity market;

carry out effective government regulation electricity transmission tariffs;

increase the energy security of the state;

contribute to the implementation of effective state foreign economic policy in the electricity sector.

JSC FGC UES, as an organization for managing the UNEG, performs one of the important tasks that civil legislation is designed to solve, since the reliable operation and development of UNEG facilities ensure the unity of the economic space on the territory of the Russian Federation.

The organization for the management of the UNEG provides, on a paid contractual basis, services for the transmission of electrical energy through the UNEG to subjects of the wholesale market, as well as other persons who, by right of ownership or on another basis provided for by federal laws, have electric power facilities technologically connected in the prescribed manner to the UNEG.

The concept of “territorial network organization” is disclosed in Art. 3 of the Federal Law, according to which a territorial grid organization is understood as a commercial organization that provides services for the transmission of electrical energy using power grid facilities that are not related to the UNEG. Based on the definition of TCO, we can conclude that it is not just an organization, but a commercial organization. In accordance with Art. 50 of the Civil Code of the Russian Federation, legal entities can be organizations that pursue profit as the main goal of their activities (commercial organizations) or do not have profit as such a goal and do not distribute the profits between participants (non-profit organizations). Legal entities that are commercial organizations can be created in the form business partnerships and societies, production cooperatives, state and municipal unitary enterprises.

Thus, on the one hand, the differentiation of network organizations into an organization for the management of the UNEG and territorial network organizations is based on the second sign of the legal concept of a network organization based on the title of ownership of electric grid facilities and their differentiation into objects related to the UNEG and objects not related to UNEG. On the other hand, there is a unifying feature: network organizations are commercial organizations. In addition to the above-mentioned features of network organizations (legal definition and classification by law as infrastructure organizations), it is necessary to pay attention to two more features that are based on the conceptual provisions of the Federal Law and were the basis for reforming the electric power industry of the Russian Federation.

We are talking about norms and prohibitions.<25>, which, in turn, contribute to the implementation of the differentiation of electric power industry entities into competitive ones and those carrying out a natural monopoly type of activity (an area of ​​economic relations in which competition is impossible).

In particular, there are two prohibitions. The first is established in paragraph 4 of Art. 8 and in paragraph 1 of Art. 41 of the Federal Law, in accordance with which:

The UNEG management organization is prohibited from engaging in activities related to the purchase and sale of electrical energy and power (with the exception of the purchase of electrical energy (power) carried out for its own (economic) needs; the purchase of electrical energy (power) carried out in order to compensate for losses in electrical networks and technological provision collaboration the Russian electric power system and electric power systems of foreign countries, as well as in cases and in the manner determined by the Government of the Russian Federation, when performing the functions of a supplier of last resort);

territorial grid organizations are prohibited from engaging in the purchase and sale of electrical energy (with the exception of the purchase of electrical energy by territorial grid organizations for the purpose of compensating for losses in electrical networks), as well as in cases and in the manner determined by the Government of the Russian Federation, when performing the functions of a supplier of last resort.

In order to ensure the implementation of these requirements, the legislation of the Russian Federation on the electric power industry, since April 1, 2006, does not allow the possibility of simultaneously having, by right of ownership or on another basis provided for by federal laws, property directly used in carrying out activities for the transmission of electrical energy and operational dispatch control in the electric power industry, and property directly used in carrying out activities for the production and purchase and sale of electrical energy.

In addition, para. 5 tbsp. 4 of the Federal Law of March 26, 2003 N 36-FZ "On the peculiarities of the functioning of the electric power industry during the transition period and on introducing amendments to certain legislative acts of the Russian Federation and invalidating certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On Electric Power Industry"<26>establishes that organizations created during the reorganization of RAO UES of Russia OJSC, its subsidiaries and dependent companies, do not have the right to simultaneously have the right of ownership of electric grid facilities related to the UNEG and electric grid facilities not related to the UNEG.

You can point out one more, very specific, technological feature network organization. As is known, in the process of transmitting electrical energy through power grid facilities, natural decline transmitted energy, so-called losses.

In accordance with clause 51 of the Rules, grid organizations are required to pay the cost of actual losses of electrical energy that occur in their network facilities, minus the cost of losses included in the prices (tariffs) for electrical energy on the wholesale market.

The amount of actual losses of electrical energy in electrical networks is determined as the difference between the volume of electrical energy supplied to the electrical network from other networks or from electrical energy producers, and the volume of electrical energy consumed by power receiving devices connected to this network, as well as transferred to other network organizations .

Consumers of services, with the exception of producers of electrical energy, are required to pay, as part of the tariff for services for the transmission of electrical energy, regulatory losses arising during the transmission of electrical energy through the network by a network organization with which the relevant persons have entered into an agreement, with the exception of losses included in the price (tariff). electrical energy, in order to avoid double metering.

Technological loss standards are established by the authorized federal executive body in accordance with the rules and methodology for calculating standard technological losses of electricity in electrical networks<27>.

Standards for losses of electrical energy in electrical networks are established in relation to the totality of power transmission lines and other electrical grid facilities belonging to the relevant network organization, taking into account differentiation by network voltage levels when setting tariffs for services for the transmission of electrical energy.

Based on the above, we can propose the following concept of a network organization in the Russian electric power industry as a subject of civil law.

A grid organization is a legal entity that is a commercial organization with limited legal capacity, entered into the register of subjects of natural monopolies in the manner prescribed by law and providing, on a reimbursable basis, services for the transmission of electrical energy and (or) technological connection to electric grid facilities of the network organization of electric power facilities and (or) energy receiving devices, the price (tariffs, fees) for which, in accordance with the law, is established and (or) regulated by authorized government agencies, and the nature of the activities of such an organization obliges it to provide these services to everyone who contacts it.

Electric power industry entities

Art. 3 of the Federal Law "On the Electric Power Industry" the approximate names the list of such entities: subjects of the electric power industry - persons carrying out activities in the field of electric power industry, including the production of electric, thermal energy and power, the acquisition and sale of electric energy and power, energy supply to consumers, provision of services for the transmission of electric power energy, operational dispatch control in the electric power industry, sales of electrical energy (power), organization of purchase and sale of electrical energy and power.

From this definition it follows that consumers are not included in the circle of subjects of the electric power industry, but are subjects of the wholesale and retail markets of electrical energy.

Among the subjects of the electric power industry, there are the organization for managing the Unified National Electric Grid, the system operator, the administrator of the trading system, and generating companies. The organization managing the Unified National Electric Grid is JSC Federal Grid Company.

The system operator is a specialized organization that solely carries out centralized operational dispatch control within the Unified Energy System of Russia (also JSC).

Trading system administrator - non-profit organization"Market Council". This is an analogue of the Central Bank of the Russian Federation, since the Market Council is vested with the authority to develop regulations, etc.

Generating companies - producers of electrical energy; these are the owners or other legal owners of hydroelectric power plants, nuclear power plants, and thermal power plants. The activities of generating companies are carried out on the basis of a large number of by-laws (there are few laws, for example, the Federal Law “On the Peculiarities of Management and Disposal of Property and Shares of Organizations Operating in the Field of Nuclear Energy Use”).

In the field of electric power, in addition to the subjects of the electric power industry, the legislator also specifies subjects of operational dispatch control, subjects of the wholesale market, and subjects of retail markets. At the same time, simply adding these entities does not provide a list of entities in the electric power industry.

Property objects directly used in the production process, transmission of electrical energy, operational dispatch control and sales of electrical energy, including electrical grid facilities.

Regulatory acts contradictory on this issue: cf. regulations on the assignment of electric grid facilities to the Unified National Electric Grid and on maintaining registers of these objects and provisions on the criteria for the assignment of electric grid facilities to the Unified National Electric Network.

RULES

CLASSIFICATIONS OF ELECTRIC POWER ENTITIES

AND CONSUMERS OF ELECTRIC ENERGY TO THE CLASS OF PERSONS,

SUBJECT TO MANDATORY MAINTENANCE WHEN PROVIDING SERVICES

ON OPERATIONAL DISPATCH MANAGEMENT IN THE ELECTRIC POWER INDUSTRY

1. These Rules establish the criteria and procedure for classifying subjects of the electric power industry and consumers of electric energy as persons subject to mandatory servicing when providing services for operational dispatch control in the electric power industry.

2. To the circle of persons subject to mandatory servicing by the system operator when providing services for operational dispatch control in the electric power industry in terms of managing the technological operating modes of electric power facilities and power receiving devices of electric energy consumers and ensuring the functioning of the technological infrastructure of the wholesale electric energy (capacity) market (hereinafter - wholesale market) and retail electricity markets (hereinafter referred to as retail markets), include organizations that meet one of the following criteria:

a) an electric power industry entity carries out activities for the production of electrical energy (power) using a power plant belonging to it by right of ownership or on another legal basis, in respect of which this electric power industry entity or another organization that has received the status of a wholesale market entity is duly registered on the wholesale market a group of supply points in which responsibilities for the supply of electrical energy (power) produced at such a power plant are performed;

b) the wholesale market entity carries out activities for the supply of imported electrical energy;

c) the producer (supplier) of electrical energy produces electrical energy (power) sold on the retail market using a power plant owned by it or on another legal basis that is part of the Unified Energy System of Russia, the installed generating capacity of which is at least 25 MW;

d) an economic entity carries out activities for the production, transmission and purchase and sale of electrical energy using power plants and other electric power facilities that belong to it by right of ownership or on another legal basis, directly connected to each other and (or) with power receiving devices belonging to it, mainly for satisfying its own production needs, if the average power supply of electrical energy of the specified power plant is at least 25 MW. In this case, the average power supply of electrical energy of a power plant is defined as the total volume of production at a given power plant of electrical energy supplied to the retail market in the previous year, which is determined in megawatt-hours for all delivery points on the retail market, which are places of fulfillment of obligations for the supply of electrical energy, produced at a given power plant, divided by the number of astronomical hours in a given year.

3. To the circle of persons subject to mandatory servicing by the system operator when providing services for operational dispatch control in the electric power industry in terms of ensuring the reliability of the operation of the electric power industry by organizing the selection of performers and payment for services to ensure system reliability, services to ensure the withdrawal of the Unified Energy System of Russia from emergency situations, services for the formation of a technological reserve of capacity, include buyers of electrical energy and power who have received the status of a wholesale market entity (with the exception of organizations purchasing electrical energy and (or) power solely to satisfy their own and (or) economic needs of power plants or to compensate for losses of electrical energy in electrical networks).

4. To the circle of persons subject to mandatory servicing when providing services for operational dispatch control in the electric power industry in terms of managing the technological operating modes of electric power facilities and power receiving devices of electric energy consumers and ensuring the functioning of the technological infrastructure of the retail market by the subject of operational dispatch control in a technologically isolated territorial electric power industry system includes organizations that meet one of the following criteria:

a) an electric power industry entity carries out activities for the production of electrical energy using a power plant owned by it by right of ownership or on another legal basis, which is part of the corresponding technologically isolated territorial electric power system, the installed generating capacity of which is at least 5 MW;

b) an economic entity carries out activities for the production, transmission and purchase and sale of electrical energy using the power plants and other electric power facilities directly connected to each other and (or) belonging to it by right of ownership or on another legal basis, included in the corresponding technologically isolated territorial electric power system with power receiving devices belonging to it, primarily to satisfy its own production needs, if the average power supply of electrical energy of the specified power plant is at least 25 MW.

5. The circle of persons subject to mandatory servicing when providing services for operational dispatch control in the electric power industry in terms of ensuring the reliability of the operation of the electric power industry by organizing the selection of performers and payment for services for the formation of a technological reserve of capacity by the subject of operational dispatch control in a technologically isolated territorial electric power system includes subjects of the electric power industry that are guaranteeing suppliers, energy sales or energy supply organizations in the territory of the corresponding technologically isolated territorial electric power system.

6. Electric power industry entities and consumers of electric energy are among the persons subject to mandatory servicing when providing operational dispatch control services in the electric power industry, due to their compliance with the criteria provided for in paragraphs 2 of these Rules.

7. The assignment of subjects of the electric power industry and consumers of electric energy to the circle of persons subject to mandatory servicing when providing services for operational dispatch control in the electric power industry is carried out on the basis of information available to the relevant subject of operational dispatch control in the electric power industry, as well as information provided to it by the following persons:

a) subjects of the electric power industry and consumers of electric energy that meet the criteria provided for in paragraphs 2 of these Rules, providing information on compliance with the specified criteria, as well as documents confirming this information within 10 days from the date when they learned or should have learned that belong to the circle of persons subject to mandatory servicing when providing services for operational dispatch control in the electric power industry, or from the date of change in the specified information;

b) the market council, which monthly provides the system operator with information on compliance with the criteria provided for in subparagraphs “a” and “b” of paragraph 2 and paragraph 3 of these Rules, in the composition, procedure and terms established by the agreement on accession to trading system wholesale market;

Electric power industry entities, in accordance with Federal Law No. 35-FZ “On Electric Power Industry” dated March 26, 2003, include persons (organizations) engaged in the production of electrical, thermal energy and power, the acquisition and sale of electrical energy and power, energy supply to consumers, provision of transmission services electrical energy, operational dispatch control in the electrical power industry, sales of electrical energy (power), organization of purchase and sale of electrical energy and power.

The functioning of the energy system of the Russian Federation is based on a combination of technological and commercial infrastructure operating under state control, on the one hand, and organizations interacting in a competitive environment that generate and sell electricity.

Technological infrastructure organizations include: the company that manages the unified national electrical grid (Public Joint Stock Company "Federal Grid Company of the Unified Energy System" (PJSC FGC UES)), the organization that carries out dispatch control ( Joint-Stock Company"System Operator of the Unified Energy System" (JSC "SO UES")), operator of energy networks in Russia - 37 subsidiaries and dependent companies, including 14 interregional and backbone grid company Public Joint Stock Company " Russian networks"(PJSC "Rosseti"). The commercial infrastructure includes the Joint Stock Company "Administrator of the Trading System of the Wholesale Electricity Market" - JSC "ATS" and its subsidiary organization Joint Stock Company "Center for Financial Settlements" - abbreviated as JSC "CFR". The activities of infrastructure organizations, including pricing and terms of interaction with counterparties, are subject to government regulation.

Generating companies generate and sell electricity on the wholesale or retail markets to sales organizations or large end consumers - participants in the wholesale market. Sales organizations purchase electricity on the wholesale and retail markets and sell it to end consumers. The purchase and sale of electricity and capacity by generating companies, sales organizations, network organizations and large consumers participating in the wholesale electricity and capacity market is carried out in accordance with the Rules of Operation of the Wholesale Electricity and Capacity Market established by Decree of the Government of the Russian Federation No. 643 dated October 24, 2003 and the Agreement on Accession to trading system of the wholesale electricity and capacity market. Signing of the Treaty of Accession and entry into self-regulatory organization participants in the wholesale electricity and capacity market (Association " Non-commercial partnership Market Council for Organization effective system wholesale and retail electrical energy and power", abbreviated as the Association "NP Market Council") is prerequisite participation in the purchase and sale of electricity and capacity on the wholesale market.

In accordance with Federal Law No. 36-FZ “On the peculiarities of the functioning of the electric power industry in the transition period and on introducing amendments to certain legislative acts of the Russian Federation and invalidating certain legislative acts of the Russian Federation in connection with the adoption of the federal law “On Electric Power Industry””, combine activities on the transfer of electric energy and operational dispatch control in the electric power industry with the activities of production and purchase and sale of electric energy from the date of the end of the transition period of reform of the electric power industry (2011) to groups of persons and affiliates within the boundaries of the same price zone of the wholesale market is prohibited. Thus, combining natural monopoly activities with competitive ones within the same price zone is not allowed, at the same time competitive types activities association different types activity is possible (for example, a generating company can own sales organizations, but cannot own networks).

In its current form, the wholesale electricity market has been operating since September 1, 2006, when new rules for the functioning of the wholesale electricity (capacity) market were introduced by decree of the Government of the Russian Federation.

Operational dispatch control in the unified energy system of Russia is carried out by the System Operator (JSC SO UES). The main function of the System Operator is monitoring compliance technological parameters functioning of the energy system. To perform this function, the System operator can issue mandatory commands to generating and network companies, consumers with adjustable load. The System Operator also controls the order in which generating and network capacities are taken out for repairs and monitors the implementation of investment programs by generating and network companies.

The system operator participates in ensuring the functioning of the wholesale electricity and capacity market: it updates the calculation model, on the basis of which the Commercial Operator calculates trading volumes and prices on the wholesale electricity market, conducts competitive power selection (CP) and ensures the functioning of the balancing market - trading deviations from planned volumes of electricity production and consumption.

Grid organizations carry out two main types of activities - transmission of electrical energy through electrical networks and technological connection of power receiving devices of electricity consumers, power installations of generating companies and electrical grid facilities of other owners to electrical networks. Both of these types of activities are natural monopoly and are regulated by the state.

Regulation includes not only the establishment in one form or another of appropriate tariffs (fees) for services provided with proper quality, but also ensuring non-discriminatory access of consumers of the services of network organizations to electric networks.

Services for the transmission of electrical energy are provided by the network organization on the basis of an agreement on the paid provision of services for the transmission of electrical energy. The contract for the provision of transmission services is public, that is, it essential conditions determined by the Government of the Russian Federation. Public contracts are mandatory for conclusion by the network organization upon request of the service consumer.

The contract for the provision of transmission services must contain the following essential conditions:

• the maximum power value of power receiving devices at each connection point;
• the amount of declared capacity, within which the grid organization undertakes to ensure the transmission of electrical energy at the connection points specified in the contract;
• responsibility of the service consumer and the network organization for the condition and maintenance of electric grid facilities, within the boundaries of the balance sheet of the network organization and the consumer;
• obligations of the parties to equip connection points with means of measuring electrical energy that comply with the requirements established by the legislation of the Russian Federation, as well as to ensure their operability.