How to conclude a direct contract with the energy sales company. How can an individual gardener conclude a direct energy supply contract? Federal law on electric power industry

Light / Electricity in SNT

The government has clarified the procedure for supplying electricity and connecting members of horticultural, dacha and horticultural non-profit associations (that is, organizations that are still united under the general concept of “SNT”) to the power grid. Some key aspects of the interaction of the SNT management bodies with the owners of plots on the territory of these associations, who are not their members and who conduct individual economic activities (the so-called "individuals"), are also clarified. EnergoVOPROS.ru studied innovations.

Electricity in SNT: recent changes in legislation

The decree signed by Prime Minister Dmitry Medvedev amends the key documents that govern electricity supply. The explanatory note states that the resolution "will reduce the number of procedures in the interaction with retail market entities for members of horticultural, horticultural and dacha non-profit associations."

Important innovations include the following:

- Previously, if the owner of a site on the territory of the SNT wanted to conclude an individual energy supply agreement (and not depend on the partnership in matters of energy supply), he had to conclude a special agreement with the SNT for the use of the partnership's power grids. This requirement has now been removed.

- The right of power grids to use the SNT infrastructure to connect “individuals” has been re-declared, while SNT has no right to interfere with these actions and require any fee for this

— The list of documents that must be submitted to the power grid organization when applying for technological connection of SNT facilities has been changed. In particular, it is necessary to provide the number and list of SNT plots, indicating the data of the owners, cadastral numbers of the plots, as well as data on the volumes of electric power allocated to each of the plots.

- When connecting to the power grid a site on the territory of the SNT, the owner of which is not a member of the association and conducts individual economic activities, it should be possible to disable the restriction (shutdown) of the power supply to this site without prejudice to the members of the SNT (owners of other sites on the territory of the SNT).

- When concluding an individual power supply agreement, a member of the SNT or a person who is not a member of the SNT, but owning a site on the territory of the association, has the right, instead of documents confirming the connection to the networks of this particular section, to provide documents confirming the status of a member of the SNT at the time of connection to the partnership's power grids in in general. Or, as an option, "other documents" that confirm the actual consumption of electricity.

- Payment for losses in SNT networks, as well as the costs of ensuring the functioning of the energy infrastructure of the partnership, members of the SNT and "individuals" who have a "direct" contract with the energy retailer must pay on the same terms.

- SNTs get the right to limit (shutdown) the power supply to consumers connected to their networks. Previously, horticultural, dacha and horticultural associations did not have such a right officially.

- This right to cut off the power supply of SNT can be used if the "individual" does not fulfill the obligation to compensate for losses in the partnership's networks and expenses for the common infrastructure.

Read the full text of Decree No. 1351 dated November 10, 2017 “On Amendments to Certain Acts of the Government of the Russian Federation on Increasing the Accessibility of Energy Infrastructure for Certain Consumer Groups”

How can a citizen-consumer conclude an energy supply agreement (an agreement with an energy retailer), and whether he needs an electricity agreement at all. The answer to the above question will be the subject of this article.

In accordance with paragraph 72 of the “Basic Provisions for the Functioning of Retail Electricity Markets”, approved by Decree of the Government of the Russian Federation of May 4, 2012 No. 442, the fulfillment by the guaranteeing supplier of obligations to the citizen-consumer for the supply of electricity is not made dependent on the conclusion of an energy supply agreement with an individual in writing .

In other words, an energy supply agreement (agreement with energy sales) considered concluded between them, even if it is not on paper. At the same time, an electricity contract is considered concluded if a citizen-consumer is properly connected to the power grid and consumes electricity. At the same time, in the event of any disputes with the electricity supplier on the part of the consumer, the confirmation of the concluded energy supply agreement will be documents on payment for electricity. In this case, the start date of the contract is the start date of the period for which he made payment for electricity.

If a citizen-consumer still needs to conclude an energy supply contract in writing, then he must send an application to the guaranteeing supplier to conclude a contract in writing with the necessary documents attached.

In accordance with paragraph 34 of the Basic Provisions, which describes the procedure for concluding an energy supply agreement with an individual, a consumer who intends to conclude an energy supply (purchase and sale) agreement sends the guaranteeing supplier the documents that the consumer must prepare in order to conclude an energy supply agreement:

• a draft energy supply agreement signed by the consumer, the text of which is published on the official website of the last resort supplier (provided at the request of the applicant);

• a copy of the passport of a citizen of the Russian Federation;

• documents that confirm the ownership (other rights of ownership and disposal) to power receiving devices, or documents that confirm the right to own and use the site in respect of which it is necessary to conclude an energy supply agreement for the supply of electricity.

• The act of technological connection and (or) the act of delimitation of the balance sheet ownership of electrical networks;

• Certificate of admission to operation of metering devices or other documents confirming the fact of admission to operation of metering devices (provided if the applicant has metering devices);

• a document confirming the availability of technological and (or) emergency armor (subject to availability)

• some other documents required to conclude a contract for the provision of electricity transmission services in accordance with the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services (provided by the applicant who submits an application for the conclusion of an energy supply contract).

The act of technological connection and (or) the act of delimitation of the balance sheet ownership of electric networks is drawn up by the grid organization and signed with it by the consumer after all technological connection activities have been completed and signed by the grid organization with the consumer after the technological connection activities have been completed.

In the event that the grid organization or another owner of the electric grid facilities to which the consumer is connected may evade issuing these acts, then the consumer (if there is evidence confirming the appeal to the grid organization) has the right to apply for the conclusion of an agreement with the documents available to him . At the same time, the guaranteeing supplier does not have the right to refuse him to conclude an agreement and must independently request the missing documents from the grid organization.

Other documents required for concluding an energy supply agreement may include:

• documents containing a description of metering devices installed in relation to power receiving devices, indicating the types of metering devices and their accuracy classes, their installation locations, serial numbers, the date of the previous and next state verification. Such a document may be a metering device passport with a mark of the state verification body and other documents related to it;

• a single-line diagram of the consumer's electrical network (if the consumer has an electrical network).

On the part of the supplier of last resort, the citizen-consumer must be presented with an energy supply contract within 30 days from the date of receipt of the request from the consumer. If any documents are missing or the citizen-consumer does not have them, then the supplier of last resort, in accordance with clause 74 of the Basic Provisions, is obliged to independently verify compliance with all the necessary conditions for concluding an energy supply contract.

In conclusion, I would like to note that, in our opinion, a citizen-consumer needs to conclude an agreement with an energy retailer in writing only in the event of any disputable situations with electricity suppliers. At the same time, it is necessary to understand that even if there is no agreement in writing, then any court recognizes it as valid under the terms of the legislation in the electric power industry, if a citizen has documents on payment for electricity, thus, it is not necessary for a citizen to conclude an agreement for the use of electricity.

Unfortunately, there is no information.

SNT is not required to connect an individual, but if an individual has ALREADY been connected to SNT networks before, then nothing can be done, it is impossible to turn it off. Sales cannot conclude an agreement with a person who is not connected to any networks. The individual must be connected to any networks BEFORE entering into a direct contract.
Usually a member was once connected to the SNT networks, then he leaves the SNT and enters into a direct contract, in this case the SNT does not have the right to disconnect the individual, prevent the flow, or charge any additional payment from the individual.

DMV, no need to distort! There is an accession, and there is a TECHNOLOGICAL connection.
Technological connection is a complex of technical and legal measures, ending with the execution of documents on technological connection.
Connection is when an SNT electrician, or a third-party organization, fastens a branch from an overhead line to a site entry to an insulator (clamp) on the facade, or on the site pipe stand. Connection ends with drinking tea, sometimes - folding unrecorded money in the pocket of an electrician.
An energy supply contract is possible only if a TECHNOLOGICAL connection is established.

32. The supplier of last resort sells electrical energy (capacity) to consumers (buyers) on the territory of its area of ​​activity under public contracts for the supply of electricity or sale and purchase (supply) of electrical energy (capacity).
The supplier of last resort is obliged to conclude an energy supply agreement (purchase and sale (supply) of electrical energy (capacity)) with any consumer who applies to him, whose supply points are located in the area of ​​activity of the guaranteeing supplier and whose power receiving devices are connected in the prescribed manner to electric grid facilities, or with by any buyer contacting him, acting in the interests of such a consumer.
The supplier of last resort has the right to refuse to conclude an energy supply agreement (purchase and sale (supply) of electric energy (capacity)) with a consumer (buyer) in the absence of the ability to supply electrical energy (power) to the consumer due to the lack of technological connection power receiving devices in the prescribed manner, in respect of which the conclusion of the contract is expected, to electric grid facilities or due to the location of power receiving devices, in respect of which the conclusion of the contract is expected, outside the area of ​​activity of the last resort supplier.
The guaranteeing supplier is obliged to notify the consumer (buyer) who applied to him in writing about the refusal to conclude a contract for energy supply (purchase and sale (supply) of electric energy (capacity)) with an indication of the reasons for such refusal within 5 working days from the date of his appeal to the guaranteeing supplier to conclude an agreement.

No one in SNT has a SUPPLY POINT at all, because this point lies, as a rule, on the border of the balance sheet ownership, which no one has, because this border is established on the basis of TECHNOLOGICAL connection, which was not carried out by anyone. And it was carried out, in accordance with the SNT Power Supply Project, the connection of electrical installations of citizens' plots to SNT networks as a LOAD, within the permitted power of SNT, without personal accounting in the power supply organization of the connected electrical installations, and without registration of metering devices on the sites as settlement devices. To this day, these devices are sealed only by SNT, and the guaranteeing supplier does not care about them, since it is calculated from SNT using the only metering device in SNT, which is named in the power supply agreement between the GP and SNT.
Open the Rules for the use of electrical and thermal energy, and read which connections of electrical installations were installed in the period from 1981 to 2004 according to these Rules, and who issued the Technical Specifications for TECHNOLOGICAL connection to whom, and who concluded an agreement with whom on the use of electrical energy. What AA is trying to do today with the development of technical specifications for owners of garden plots in its cooperative, suggests that it is well aware that the electrical installations of the plots have never TECHNOLOGICALLY connected to SNT networks, which means that there are no boundaries of balance ownership, and, as a result , POINTS OF SUPPLY. This means that no guaranteeing supplier has the right to conclude any energy supply contract. AA is well aware that the issuance of these specifications by the cooperative to the owners of the plots is not based on legislation. Such an issue could be made on the basis of the 1981 Rules, but only if the owner of the garden plot was a sub-consumer of the energy supply organization. Only in this case could a TECHNOLOGICAL connection of the electrical installation of the sub-subscriber of the energy supply organization to the networks of the subscriber of the energy supply organization be made. With the distribution of power, the establishment of boundaries, fixing the settlement meter. And SNT would conclude an agreement with the sub-subscriber on the use of electrical energy. All these TECHNOLOGICAL connections would be made with the permission of the energy supply organization, and would be fixed in the contract with SNT. However, no sub-subscriber relations, in accordance with the Project, have ever been established on the territory of SNT, therefore, not a single electrical installation of the site is TECHNOLOGICALLY connected to SNT networks. The technical conditions developed by AA are most likely of a DISCIPLINARY nature, because the Technical conditions for indirect TECHNOLOGICAL connections will still be issued by the territorial electric grid company, after the citizens have settled relations with the SNT on the redistribution of power, and on the establishment of an indirect TECHNOLOGICAL connection.
No one is interested, especially the administration of the settlement and the municipal district, who is a member of the legal entity on the territory of the SNT and who is not: obligations to create and operate a complex of mandatory property on the territory of the SNT arise not from membership in the SNT, but from territorial planning documents , developed by administrations, that is, from the project for the organization and development (planning project) of the territory of the SNT, and from the Technical Regulations, the implementation of which is mandatory for all owners of plots on the territory of the SNT. And when the Rules for land use and development are finally approved in the Settlement, then the obligatory implementation of the urban planning regulations of the territorial zone for gardening will be added.
It's time to forget the term: INDIVIDUAL, because the vast majority of gardeners have plots for the intended purpose - FOR COLLECTIVE GARDENING.

Question: I am a member of SNT. The Chairman of the Board has set a fee for losses in electrical networks in the amount of 30% of the payment for electricity. Dissatisfied with this decision, I went to Mosenergosbyt to conclude a separate energy supply contract and was refused. They told me: “Since you are a member of the SNT, you are not entitled to an agreement.” What should I do in this situation? Tell me how to get from the board of SNT the validity of the calculation of losses in power networks and what to do with Mosenergosbyt?

Sincerely, Sergei.

The answer of the gardener - the individual:

Losses in electrical networks are determined by calculation in accordance with the methods of the Ministry of Energy, for example, "Methodology for calculating standard (technological) losses of electricity in electrical networks."
These calculations are carried out by organizations that have the right to engage in such activities, have licenses or join SROs (self-regulatory organizations), mainly energy audit companies.
I previously worked part-time in one of these organizations near the Moscow Power Engineering Institute. We carried out the calculation of losses in the electrical networks of Gazprom enterprises and housing and communal services. Losses in normal electrical networks were somewhere around 4 percent. Once I met the village of Kharsaim in Yamal, where the losses in the electrical networks amounted to about 10 percent due to the fact that mostly single-phase small-section wiring was stretched through the streets, and not three-phase wiring.

In our SNT, by a strong-willed decision of the chairman of the board, losses that are paid in advance without recalculation by members of the SNT are taken equal to 10 percent. When I asked: “Why did you get such losses”, she told me: “Yes, it is written on the transformer plate”
Let's go, look at the transformer, the chairman shows 10% on the plate.
I laughed and told her: “So this is the short-circuit voltage in percent. This indicates that we have an old transformer, in new types - no more than 6 percent. And why didn’t you take the figure 60%, there is a figure 60, with the same success you could take 60 percent of losses in electrical networks.
Individual gardeners do not pay for losses in electrical networks, because. already have direct contracts with the electricity supplier. Even before direct contracts we did not pay for these losses, because there was no calculation of losses performed by an authorized organization.
I offered the chairman to perform the calculation of losses for free, because I also worked in an organization that had the right to carry out these calculations, but it considered that this would reduce the inflow of money from members of the SNT and did nothing.
According to my estimate, the average losses in our SNT are somewhere over 3.5 percent, but less than 4 percent.
Losses can be divided into: conditionally constant losses of electricity in a power transformer, load losses in power transformers, conditionally constant losses of electricity in electric motors, load losses in electric motors, losses in measuring current transformers, voltage and energy meters, load losses of electric energy in power lines with a voltage of 10 and 0.4 kV.
Losses can be averaged - average for SNT members, and they can be calculated separately for each consumer.

Sergei's advice:

Give the chairman of the board (against signature on the second copy) an application with a request to show you the calculation of technical losses in the electrical networks of SNT and pay for electricity strictly according to the electricity meter.

They refused you on the basis of the "Clarification on the issue of concluding an energy supply agreement with members of the SNT" from the FAS, which took place on June 23, 2010.

It says:
“... Thus, if the decision to conclude an energy supply agreement with an energy supply organization (guaranteeing supplier or energy sales organization) was made at a general meeting of members of the SNT or a meeting of authorized persons and a decision of the board, then the energy supply of the SNT member should be carried out within the framework of the agreement between the energy supply organization (guaranteed supplier or energy sales organization) and SNT.
If such a decision has not been made, the SNT member has the right to conclude a direct energy supply agreement directly with the energy supply organization (guaranteeing supplier or energy sales organization) in the manner prescribed by the legislation of the Russian Federation.

If you didn’t have a general meeting in SNT with the approval of the procedure for calculating electricity for a common electric meter, you can contact Mosenergosbyt again, and they will tell you: “Bring a certificate from the chairman that there was no meeting.”
You go to the chairman and get “turn from the gate” - the process of reducing the taxable base is not at all beneficial to her.

I propose to go the other way, but it's up to you.
If you decide to defend your rights in court, I will sign for you my “Explanations on the issue of concluding an energy supply agreement with members of the SNT”, with which you will go to the district court.
Now the wording will not be completely legally perfected, it will take time, but I will state the essence:

"Clarifications on the issue of concluding an energy supply agreement with members of the SNT" (abstracts).

Federal law on electric power industry

Adopted by the State Duma on February 21, 2003
Approved by the Federation Council on March 12, 2003

Chapter 1. General provisions.

Article 1. Subject of regulation of this Federal Law.
This Federal Law establishes the legal framework for economic relations in the electric power industry, determines the powers of state authorities to regulate these relations, the basic rights and obligations of electric power industry entities in the implementation of activities in the electric power industry (including production in the mode of combined generation of electric and thermal energy) and consumers electrical and thermal energy.

Article 2. Legislation of the Russian Federation on the electric power industry.
The legislation of the Russian Federation on the electric power industry is based on the Constitution of the Russian Federation and consists of the Civil Code of the Russian Federation, this Federal Law and other federal laws regulating relations in the electric power industry, as well as decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation adopted in accordance with these federal laws .

Article 39
2. The contract for the purchase and sale of electric energy of guaranteeing suppliers is public.

Let us turn to the decrees of the Government of the Russian Federation:

A) "Rules for non-discriminatory access to services for the transmission of electrical energy" dated December 27, 2004 N 861.

3. Non-discriminatory access to electricity transmission services provides for equal conditions for the provision of these services to their consumers, regardless of the legal form and legal relationship with the person providing these services.

b) GD No. 442 “On the functioning of retail electricity markets, full and (or) partial restriction of the mode of consumption of electricity dated May 4, 2012”.

II. Rules for the activities of guaranteeing suppliers
The Guaranteed Supplier is obliged to:
conclude, in accordance with Section III of this document, an energy supply agreement (purchase and sale (supply) of electric energy (capacity)) with any individual or legal entity who applied to him in relation to power receiving devices located within the boundaries of the area of ​​activity of the last resort supplier, as well as on the grounds and in the manner established in this section, to accept for service any consumer whose power receiving devices are located within the boundaries of the area of ​​activity of the guaranteeing supplier, in the absence of the consumer's request;

With anyone: regardless of any relationship with any legal entity, including membership relationships.

Article 426 of the Civil Code. Public contract.

1. A public contract is a contract concluded by a commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it (retail trade, transportation by public transport, communication services , energy supply, medical, hotel services, etc.).

Everyone - means that regardless of anything.

Basic (fundamental) human rights: equality, equality before the law.
The right to conclude an energy supply contract can probably be attributed to the basic (fundamental) human rights.

In addition to membership relations of a citizen with a legal entity, there are also the rights of the citizen himself, the owner.
Undoubtedly, when writing any clarifications, the FAS should first of all take into account the rights of a citizen, an owner, and not membership relations.

The Federal Antimonopoly Service (FAS Russia) is a federal executive body responsible for adopting regulatory legal acts and monitoring compliance with antimonopoly laws
Are these "Clarifications" a legal act. I think no. Normative legal acts are adopted by the government.
Did these "Explanations" put a barrier in front of the gardeners? Willingly or involuntarily canceled (restricted) the rights of citizens (gardeners) given to them under the Constitution of the Russian Federation, under the Civil Code of the Russian Federation, according to government decrees? Undoubtedly.

Are membership relations secondary to basic (fundamental) human rights (including the right to conclude an energy supply contract)? I think yes.
Has the citizen's right to equality been violated? I think yes.

From provisions C tatya 3 Civil Procedure Code of the Russian Federation it follows that the person concerned has the right, in accordance with the procedure established by the legislation on civil proceedings, to apply to the court for the protection of violated or contested rights, freedoms or legitimate interests.

I will help you, I will write a statement of claim to the court against OAO Mosenergosbyt.
The path will be long, and only because of the hasty and erroneous Clarification of the FAS dated June 23, 2010.
Although this is not a legal act, but for the court any piece of paper is the basis for refusing to satisfy the claim.
District court, regional court, appeals, cassations, Supreme Court.
Then about 100 more gardeners will go this way to the regional court.
Then about 10,000 more gardeners will make their way to the district court.
Then the FAS will probably cancel the Clarifications of the FAS dated June 23, 2010 and write a new one, where it will say: "The fundamental rights of a citizen are still more important than membership relations."

Sincerely,
Chinakaev Shamil