What is the subject of the electric power industry. Grid organizations in the Russian electric power industry: concept, signs

Unified energy system Russia ( EHC) - a set of production and other property objects of the electric power industry connected by a single production process (including production in the mode of combined generation of electric and thermal energy) and transmission of electric energy (power) under conditions of centralized operational dispatch control in the electric power industry;

Electricity entities- persons carrying out activities in the electric power industry, including the production of electric and thermal energy, the supply (sale) of electric energy (capacity), energy supply to consumers, the provision of services for the transmission of electric energy, operational dispatch management in the electric power industry, the sale of electric energy, the organization purchase and sale of electrical energy.

Consumers electrical and thermal energy - persons who purchase electrical and thermal energy for their own household and (or) industrial needs in the wholesale or retail markets for electrical energy and capacity.

Wholesale electrical market energy (capacity) (hereinafter referred to as the wholesale market) - the sphere of circulation of a special product - electrical energy (capacity) within the framework of the Unified Energy System of Russia within the boundaries of the single economic space Russian Federation with the participation of large producers and large buyers of electrical energy (capacity) who have received the status of a wholesale market entity and operate on the basis of the wholesale market rules approved by the Government of the Russian Federation. The criteria for assigning producers and buyers of electricity to the category of large producers and large buyers are established by the Government of the Russian Federation;

Wholesale market entities are legal entities that have received, in accordance with the procedure established by law, the right to participate in relations related to the circulation of electrical energy on the wholesale market in accordance with the rules of the wholesale market.

Wholesale market zone - the territory that is determined by the Government of the Russian Federation and within the boundaries of which the formation of equilibrium price the wholesale market in the manner prescribed by the rules of the wholesale market (hereinafter - the price zone of the wholesale market).

Retail Electricity Markets energy - the sphere of circulation of electrical energy outside the wholesale market with the participation of consumers of electrical energy.

Power supply organization. An organization combining the activity of buying and selling electrical energy with the activity of its transmission.

Power sales organizations- organizations that carry out, as the main type of activity, the sale of produced or purchased electrical energy to other persons.

Bilateral electricity purchase and sale agreement is an agreement according to which the supplier undertakes to supply the buyer with electrical energy in a certain amount and determined by the relevant technical regulations and other mandatory quality requirements, and the buyer undertakes to accept and pay for electrical energy on the terms of the concluded in accordance with the rules of the wholesale market and the main provisions of the functioning of the retail markets of the contract.

(JSC "Chuvash Power Sales Company")

The guaranteeing supplier of electrical energy. A commercial organization obliged, in accordance with the legislation on the electric power industry or voluntarily assumed obligations, to conclude a contract for the sale and purchase of electrical energy with any consumer who has contacted him or with a person acting on behalf and in the interests of the consumer and wishing to purchase electrical energy. Suppliers of last resort supply electricity to buyers of electrical energy in the territory of their area of ​​operation under public contracts for energy supply or purchase and sale (supply) of electrical energy.

For the proper execution of energy supply contracts, the supplier of last resort will regulate relations related to operational dispatch management in relation to supply points in the retail market served by this guaranteeing supplier of electricity buyers, as well as regulate relations related to the transmission of electrical energy by concluding contracts for the provision of services for the transmission of electrical energy. energy with grid organizations, to the electric grids of which the corresponding power receivers are connected.

Electricity transmission services- a set of organizationally and technologically related actions that ensure the transmission of electrical energy (power) through the technical devices of electrical networks in accordance with technical regulations;

Power grid facilities- power lines, transformer and other substations, distribution points and other equipment intended to provide electrical connections and transfer electrical energy (power). Unified national (all-Russian) electric grid EHC includes:

1) power lines (overhead and cable), the design rated voltage class of which is 330 kilovolts and above;
2) power lines, the design rated voltage class of which is 220 kilovolts:

Providing the delivery to the grid of the energy capacity of power plants of the subjects of the federal (all-Russian) wholesale market of electrical energy (capacity);

Electricity (capacity) suppliers to the specified market;

Providing connection and parallel operation of power systems of various constituent entities of the Russian Federation;

Providing the delivery of energy power to the nodes of the electrical load with - connected transformer power not less than 125 megavolt-amperes;

Directly providing the connection of the listed power lines, including power lines and other equipment specified in Appendix No. 2 to the Decree of the President of the Russian Federation of August 15, 1992 No. 923;
3) power lines crossing the state border of the Russian Federation;
4) transformer and other substations connected to power lines listed in subparagraphs 1-3, as well as technological equipment located on them, with the exception of switchgears of power plants - subjects of the federal (all-Russian) wholesale electricity (power) market included in property complex of the said stations;
5) a set of equipment and production and technological facilities designed for Maintenance and operation of the indicated power grid facilities;
systems and means of management of the indicated objects of the electric grid economy.
(Decree of the Government of the Russian Federation of December 21, 2001 No. 881 "On the criteria for classifying main power transmission lines and power grid facilities to the unified national (All-Russian) electrical network") Territorial Grid Organization;

Operational dispatch management services in the electric power industry - a set of measures for the centralized management of technological modes of operation of technical devices of power plants, electrical networks and power receiving equipment of consumers of electrical energy with controlled load, carried out in order to ensure reliable power supply and quality of electrical energy that comply with technical regulations and other mandatory requirements.

Electricity consumers with controlled load- the category of consumers of electrical energy, which, due to the modes of operation (consumption of electrical energy), affect the quality of electrical energy, the reliability of the Unified Energy System of Russia and, in this connection, provide services on a reimbursable contractual basis to ensure the withdrawal of the Unified Energy System of Russia from emergencies. These consumers can provide other services agreed with them on the terms of the contract.

Generation- a producer of electrical energy. The owner or other legal owner of generating equipment for whom the production and sale of electrical energy is the main activity:

1. Territorial generating companies (TGK-5)

3. JSC Rus Hydro

4. JSC Atomenergo

5. Independent manufacturers.

Open joint stock companies created as a result of the restructuring of regional energos on the basis of generating assets.

Combined generation of electricity and heat- the operating mode of thermal power plants, in which the production of electrical energy is directly related to the simultaneous production of thermal energy.

The guaranteeing supplier of electricity (hereinafter referred to as the guaranteeing supplier) is a commercial organization obliged, in accordance with this Federal Law or voluntarily assumed obligations, to conclude a contract for the sale and purchase of electricity with any consumer who has contacted him or with a person acting on behalf and in the interests of the consumer and those wishing to purchase electrical energy.

System Operator Of the Unified Energy System of Russia. Dispatch center of the System Operator of the Unified Energy System in the organizational and legal form of the branch, which manages the operating modes in a part of the territory of the UES of Russia under the leadership of the higher dispatch centers of the System Operator of the Unified Energy System (Chuvash branch of the RDU);

Administrator trading system ... An organization in the form of a non-profit partnership, the main purpose of which is to provide services for organizing trade on the wholesale electricity (capacity) market, as well as to conduct financial settlements for the supplied electricity and services provided to participants in the wholesale market, to ensure equal conditions for all participants in the wholesale electricity market, protection of the interests of suppliers and buyers of electrical energy, increasing the efficiency of production and consumption of electrical energy.

The subjects of the electric power industry on the territory of the Chuvash Republic are power generating, power grid companies, including municipal property, dispatching and sales companies.

Chuvash branch "T +". The Chuvash branch of PJSC "T +" is the basis of the energy complex of the republic, providing:

1. Basic generation of electrical energy for supplying consumers throughout the republic in annual volumes of over 2,200 million kWh;

2. Heat supply to the largest cities of the republic (CHP-3 - almost 100% thermal energy for the residential and social sectors of Novocheboksarsk, and CHP-2 - about 50% of Cheboksary;

4. Stable passage of the autumn-winter maximum load of the power system;

5. Tariff preferences for heat consumers.

The Chuvash branch of T + is not only the basis for sustainable heat supply to consumers in cities, but also ensures a decrease in natural gas consumption with the introduced technological and emergency restrictions on gas supplies to the republic by maintaining the necessary reserves of fuel oil. At the same time, by purchasing over 435 million m3 of natural gas at commercial prices and providing reserves of fuel oil in the established volumes, it supplies heat at tariffs significantly lower than the average tariffs for gas boiler houses in the republic. The company includes three thermal and one wind power plants. Table 3.1 shows the values ​​of the installed, available and operating capacities of the branch's power plants. The total installed capacity of the power plants is 852.2 MW.

Table 1

The decrease in the efficiency of thermal power plants is determined by:

Insufficient steam consumption from the extraction of turbines at Cheboksarskaya TPP-2 and Novocheboksarskaya TPP-3 and underutilization of capacities at thermal power plants;

Inconsistency of generating capacities with the existing consumption of heat and electric energy by enterprises of the republic;

Insufficient performance of auxiliary equipment of thermal power plants (circulation pumps, cooling towers);

Aging of fixed assets;

Inconsistency of technological modes with equipment parameters;

Lack of a single space for dispatching distribution and metering of electrical energy;

The presence in tariffs for thermal energy of cross-subsidization by industrial consumers of the housing and communal complex;

Trends in the withdrawal of heat load consumers from CHP networks.

Reduced heat load consumption industrial enterprises and steam extraction from the turbines of Cheboksarskaya TPP-2 and Novocheboksarskaya TPP-3 reduces the heating load of power units, leads to increased fuel consumption and an increase in the cost of heat and electricity.

To overcome the noted negative trends and increase the sustainability and efficiency of energy supply, it is required:

1. Increase in the consumption of heat load and steam from the collectors of stations of all CHPPs, the development of main heating networks to provide efficient heating thermal energy for housing and communal services and industrial complex cities;

2. Modernization of water treatment equipment and pumping stations, auxiliary equipment, switching equipment, relay protection and automation systems to ensure modern requirements on operational safety and improving the efficiency of existing generating capacities.

3. Replacement of exhausted and obsolete generating capacities with power complexes operating in a steam-gas cycle.

Cheboksarskaya HPP (RusHydro branch) Table 3.2 shows the total capacities of the HPP generators.

Table 3.2

The operation of the Cheboksary HPP began in 1980. The wear rate of its hydro turbines and hydro generators is 35.5%, with the total balance sheet value of the equipment being 862 million rubles.

Decrease in the efficiency of equipment operation, limitation and underutilization of capacity for the Cheboksary HPP are due to:

Off-design (lowered) pressure at the Cheboksary HPP;

Off-design operation of the hydraulic turbines of the Cheboksarskaya HPP in the "propeller" mode;

Currently, the economic, environmental, technical and organizational issues of raising the level of the reservoir are being worked out.

The total installed capacity of all power plants on the territory of the republic is about 2000 thousand kW. However, the available capacity of power plants is less than 1,450 thousand kW.

The regional electric grid company OJSC Chuvashenergo includes three subdivisions of electric grids: Alatyrskoe (NPP), Severnoe (SES), Yuzhnoe (YuES). The length of overhead lines on the balance sheet of OJSC Chuvashenergo is 20,933 km. At the same time, the length of overhead lines on metal supports is 282 km, including double-circuit lines - 76 km; on reinforced concrete supports - 12,560 km, including double-circuit lines - 546 km; on wooden supports - 8 091 km.

Power transmission lines for agricultural purposes account for 95.6% of the total length of lines, including 1,840 km at 35-110 kV; 6-10 kV - 9253 km; 0.4 kV - 9041 km.

Analysis and expert assessment of the technical condition of high-voltage equipment of trunk grids and substations with a voltage of 220 kV and distribution networks of 6-110 kV, carried out on the basis of the results of energy audits conducted by independent companies (ZAO NPO Promenergo, Samara Center for Energy Saving and Energy Efficiency, Regional Scientific, Technical and Innovative energy saving center (RNTITSE) "NP" ASINEKS ", as well as express examinations, measurement and test reports of the diagnostic service of" Engineering Center "LLC show that there are problems associated with the hardware reliability of the power system.

Analysis of the structure of 220 kV main power grids and investigation materials of accidents in the power system show that there are certain flaws in the design solutions. The most vulnerable system element in the 220 kV network is the 220 kV outdoor switchgear of the CheHPP, to which all four nodal substations and another independent source of electricity, CHPP-2, are radially connected by two 220 kV transmission lines. The 220-kV buses of CHPP-2 do not have direct autonomous connections with the hub substations of the main grids. The Abashevo substation, which provides power supply to the consumer of the first category in terms of power supply reliability (gas pumping station), has actually only one independent source - the ORU-220kV CheGES bus. It is powered at the branches of the taps from two 220 kV transmission lines CheGES-Venets and CheGES-Kanash-2.

The main problems of 110-10-6 kV distribution networks are: steady aging of high-voltage electrical equipment; deterioration of the quality of suspension and support insulators, oil-paper insulation; deterioration of the equipment of telemechanics, communications, emergency automation and relay protection systems.

According to the analysis of the diagnostic results, the most stressed elements with the greatest number of developing defects in high-voltage electrical equipment include: high-voltage bushings with paper-oil insulation; regulators under load (OLTC) of power transformers; contact systems of high-voltage switches; substation grounding loops (due to corrosion); reinforced concrete supports of overhead lines in networks with isolated neutral (6-35 kV) and significant capacitive currents; lightning protection systems of substations, means of protection of high-voltage electrical equipment from working switching and lightning overvoltages. All of the above expert assessments of the state of high-voltage electrical equipment and the main current problems of high-voltage electrical networks also relate to the substations of the generating enterprises of the CheHPP, CHPP-1, 2 and 3.

The main goals of the further development of the main and distribution networks of the Chuvash energy system are: overcoming the aging of fixed assets of electrical networks and high-voltage equipment by steadily increasing the scale of work on reconstruction, modernization and technical re-equipment; development of centralized technological management electrical networks.

Electric networks of municipal property are 26 enterprises through electric networks of which 1215 695 kWh are transmitted. electric energy, or 28% of productive supply.

The technical condition of networks in rural areas is characterized by an extreme degree of wear and tear. Most enterprises lack the necessary structures for the proper maintenance of the technical condition of the equipment (electrical laboratories, etc.). Due to insufficient funding for the reconstruction of networks, their wear increases annually by 1-2%, and in diversified utilities, funds received for the transportation of electricity are used to finance other, unprofitable activities. The state of power grids is critical, while there is no system of sectoral monitoring of their state of planning the replacement of retired capacities.

For a number of enterprises there is no reliable information according to the executive schemes of electrical networks, the composition of the equipment, its actual state, all this poses a real threat to the reliability of power supply.

An additional threat to the reliability of energy supply is commercial losses and theft of electrical energy, which do not have a source of coverage in the tariff for the transportation of electrical energy and will form the basis of enterprises' unprofitability.

The existing structure of utility power grid enterprises does not ensure the implementation of a coordinated technical policy in the power grid infrastructure of the Chuvash Republic, attraction of investment resources for the development of electrification. This is a deterrent to the development of electrification and the implementation of socio-economic development programs in the territories, participation in the national project “affordable housing”. Bringing the structure of municipal electric grids in line with the tasks at hand is one of the priority measures.

Operational dispatch control in the electric power industry.

Chuvash branch of RDU

Sole management technological modes of operation of electric power facilities are carried out by the system operator of the UES of Russia (SO). Subordinate to him are other subjects of operational dispatch control in the electric power industry (ODU in E), which are organizations or individuals authorized to issue operational dispatch commands and orders that are mandatory for ODU in E of a lower level. On the territory of the Chuvash Republic, dispatching and management of a part of the system is carried out by the RDU, performing the following functions: operational management of energy facilities in a fixed territory, determination of system restrictions and proposals for their removal, forecasting and assessment of electricity and capacity balances, calculation of dispatch schedules, organization of a balancing market and placement reserves, long-term planning, coordination of the annual repair schedule for equipment of power plants and power transmission lines, organization of the operation of operational and technological control systems of the UES: PA (emergency automation), telemechanics and communications, ASDU (automated dispatch control system), ASKUE (automated system for commercial metering of electricity) ...

RDU (Nizhny Novgorod) through its representative office in Cheboksary carries out operational and technological (dispatch) control interacting with the dispatch offices of OJSC Chuvashenergo, the Chuvash branch of PJSC T + and Cheboksarskaya HPP.

RDU participates in the coordination technical requirements generating and grid companies, qualified consumers for the necessary technical monitoring and control systems for the objects of their balance sheet ownership.

In the future, the main directions for improving regional dispatch management should be considered:

Creation of operational information systems equipped with modern computers and specialized software products;

Building a regional system for automatic power control;

Implementation of digital complexes of multilevel emergency control automation;

Installation of ASKUE systems at power facilities;

Expansion of the network of linear and telephone communication channels, as well as telemechanics devices.

This will reduce operating costs associated with the elimination of system accidents, and establish operational regulation of the operating modes of the power system in the Czech Republic, improve the reliability of operation. automated systems operational and technological (dispatch) control (PZA, PA, AVN, ARCHM, ASDU, ASKUE and communication facilities).

The reliable functioning of the power supply system of the Czech Republic is ensured, in addition to the state legal and financial regulation and control, technical regulation. The measures of technical regulation and control (supervision) include the adoption of technical regulations in the areas of technical and technological safety, the quality of electrical and thermal energy, the establishment of power reserve standards, as well as the installation of electrical installations of activities of entities related to the operation of electrical and thermal equipment, including in compliance with the safety precautions of its maintenance.

Features of production and consumption of electricity.

Non-discriminatory access to infrastructure - ensuring equal access of market participants to services for the transmission of electricity, operational dispatch management and services of the administrator of the wholesale market trading system.

Seasonal, daily schedules of electricity and power consumption. Features of electricity production using various technologies at various types of power plants: hydroelectric power plants, pumped storage power plants, nuclear power plants, thermal power plants, state district power plants, wind power plants. Combined (two-product) generation at power plants, electric and thermal energy.

The quality of electrical energy. Frequency, voltage and other quality parameters are regulated by GOST. The technical conditions for the connection of the consumer by the power grid organization are issued taking into account the quality assurance of electrical energy. GOST 13109-97 “Electrical energy. Compatibility of technical

means electromagnetic. Electricity quality standards in general-purpose power supply systems "

Power supply reliability. In the contracts for the provision of services for the transmission of electrical energy and energy supply, the category of the reliability of the supply of electrical energy to the consumer is determined, which determines the content of the obligations to ensure the reliability of the supply of electrical energy to the corresponding consumer, including:

the permissible number of hours of disconnection per year, not associated with the consumer's failure to fulfill obligations under the relevant contracts and their termination, as well as with force majeure circumstances and other grounds excluding the liability of guaranteeing suppliers, energy supply, energy sales and network organizations and other subjects of the electric power industry to the consumer in accordance with the legislation of the Russian Federation and the terms of contracts;

power supply recovery time.

The first category of reliability provides for the need to ensure a continuous mode of operation of power receiving devices, an interruption in the supply of electrical energy to which may entail a threat to the life and health of people, a threat to the security of the state, and significant material damage.

The conditions of the second category of reliability provide for the need to ensure the reliable functioning of power receiving devices, an interruption in the supply of electrical energy to which leads to unacceptable violations of production processes.

Power supply to consumers not assigned to the first or second categories of reliability is carried out according to the third category of reliability.

For the first and second categories of reliability, the permissible number of shutdown hours per year and the timing of the restoration of power supply are determined by the parties, depending on the specific parameters of the power supply scheme, the presence of backup power sources and features technological process consumer, but there cannot be more than the corresponding values ​​provided for the third category of reliability.

For the third category of reliability, the permissible number of hours of disconnection per year is 72 hours, but no more than 24 hours in a row, including the period for restoring power supply, except for cases when longer periods are required for the repair of power grid facilities, agreed with the federal executive body for state energy supervision.

A reserve source of electricity supply in the event that the condition of the agreement on the first or second category of reliability provides for its presence, is established by the consumer and is maintained in a state of readiness for use in the event of outages or the introduction of restrictions on the consumption of electrical energy. If the consumer does not fulfill this requirement, a backup source of electricity supply is installed and maintained by the grid organization at the expense of the relevant consumer, and in the event of power outages due to equipment damage, including as a result of natural disasters, as well as due to the need to disconnect the power supply from in order to eliminate the threat to life and health of people (hereinafter - out-of-order shutdowns) before the installation of such a backup source, the grid organization is not responsible for violation of the terms of the reliability category under the contract.

Wholesale Electricity (Power) Market (WECM)

The sphere of circulation of a special product - electrical energy (power) within the framework of the Unified Energy System of Russia within the boundaries of the single economic space of the Russian Federation with the participation of large producers and large buyers of electrical energy who have received the status of a subject of the wholesale market and act on the basis of the rules of the wholesale market approved in accordance with Federal Law "On Electric Power Industry" by the Government of the Russian Federation. The criteria for assigning producers and buyers of electricity to the category of large producers and large buyers are established by the Government of the Russian Federation.

During the transition period in the wholesale market, trade in electrical energy and capacity is carried out using the following mechanisms:

a) trade in electrical energy (capacity) at regulated prices (tariffs) on the basis of contracts for the sale and purchase of electrical energy (capacity). Regulated contracts for several years are concluded for periods corresponding to the categories of consumers of electrical energy (power) determined in accordance with the established procedure, in respect of which the periods of validity of regulated contracts are differentiated.

Sale and payment of electricity and capacity can be carried out both under a single regulated contract providing for the sale and purchase of electricity and power, and under separate regulated contracts;

b) trade in electrical energy at free (unregulated) prices determined by agreement of the parties in bilateral contracts for the purchase and sale of electrical energy (hereinafter - free bilateral contracts);

c) trade in electrical energy at free (unregulated) prices determined by competitive selection of price bids from buyers and suppliers, carried out one day before the start of delivery (hereinafter - competitive selection of price bids for the day ahead);

d) trade in electrical energy in volumes corresponding to deviations at free (unregulated) prices determined by agreement of the parties in bilateral contracts (hereinafter - free bilateral contracts for the purchase and sale of deviations);

e) trade in electrical energy at free (unregulated) prices determined by competitive selection of bids from suppliers and participants with regulated consumption, carried out no later than one hour before the supply of electrical energy in order to form a balanced mode of production and consumption of electrical energy (hereinafter - competitive selection of bids to balance the system);

f) trade in electrical energy (capacity) at regulated prices (tariffs) in order to compensate for losses, as well as to ensure joint operation of the UES of Russia and energy systems of foreign states.

Electricity retail markets

The subjects of retail markets are:

b) guaranteed suppliers;

c) energy sales organizations;

d) energy supplying organizations that sell produced or purchased electrical energy to consumers and combine this activity with the activity of transmitting electrical energy (hereinafter - energy supplying organizations);

e) utility service providers who purchase electrical energy in order to provide utility services to citizens;

f) grid organizations and other owners of power grid facilities;

g) producers (suppliers) of electrical energy, the sale of which is not carried out on the wholesale market;

h) the system operator and other subjects of operational dispatch control in technologically isolated territorial electric power systems.

The sale of electricity (capacity) in retail markets at regulated prices (tariffs) is carried out in volumes corresponding to those determined in accordance with the Rules of the Wholesale Electricity (Capacity) Market of the Transitional Period and Section X of the Retail Market Rules in the volumes of purchase of electricity (capacity) at regulated prices. prices (tariffs) by guaranteeing suppliers, energy supply organizations and energy sales organizations supplying electrical energy, including for the supply of consumer citizens using electrical energy for household consumption.

The sale of the remaining volumes of electrical energy (capacity) in the territories of the constituent entities of the Russian Federation included in the price zones of the wholesale market is carried out at unregulated prices in the manner established by the Rules of the retail market.

In retail markets, electric energy (power) is supplied to consumers (serving their customers) at regulated prices (tariffs) by guaranteeing suppliers, energy supply organizations and energy sales organizations, among which buyers are citizens-consumers and (or) those equated to them in accordance with the regulatory legal acts in the field of state regulation of tariffs for a group (category) of consumers (buyers), in the amount purchased by the relevant organizations at regulated prices (tariffs) in the wholesale and retail markets.

The supply of electricity to citizens-consumers and those equated to them in accordance with regulatory legal acts in the field of state regulation of tariffs to groups (categories) of consumers (buyers) in the volume of all actual consumption is carried out at regulated prices (tariffs).

Electricity (capacity) in excess of the volumes supplied to buyers at regulated prices (tariffs) is paid at unregulated prices within the limits of unregulated prices in retail markets.

The subjects of the electric power industry in accordance with the federal law No. 35-FZ "On the electric power industry" of March 26, 2003 include persons (organizations) engaged in the production of electrical, thermal energy and capacity, the purchase and sale of electrical energy and capacity, energy supply to consumers, the provision of transmission services electric energy, operational dispatch management in the electric power industry, the sale of electric energy (capacity), the organization of the sale and purchase of electric energy and capacity.

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

Technological infrastructure organizations include: the company that manages the unified national power grid (Public Joint Stock Company Federal Grid Company of the Unified Energy System (PJSC FGC UES)), the organization that carries out dispatch management (Joint Stock Company System Operator of the Unified Energy System ( SO UES JSC)), 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 Wholesale Electricity Market Trading System - JSC ATS and its subsidiary Joint Stock Company Financial Settlement Center - abbreviated as JSC CFR. The activities of infrastructure organizations, including pricing and terms of interaction with counterparties, are subject to government regulation.

Generation companies generate and sell electricity in the wholesale or retail markets to sales organizations or large end consumers - participants in the wholesale market. Sales organizations purchase electricity in the wholesale and retail markets and sell it to end consumers. The purchase and sale of electricity and capacity by generating companies, sales organizations, grid organizations and large consumers participating in the wholesale electricity and capacity market is carried out in accordance with the Rules for the operation of the wholesale electricity and capacity market and the Agreement on Accession to the trading system of the wholesale electricity and capacity market. Signing the Treaty of Accession and joining self-regulatory organization participants in the wholesale electricity and capacity market (Association "Non-commercial partnership Market Council for organizing an efficient system of wholesale and retail trade in electrical energy and capacity", abbreviated as the Association "NP Market Council") is a prerequisite for participation in the sale and purchase 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 amending some legislative acts of the Russian Federation and invalidating some legislative acts of the Russian Federation in connection with the adoption of the federal law" On the electric power industry "" combine activities on transmission of electric energy and operational dispatch management in the electric power industry with the activity of producing and buying and selling electric energy from the date of the end of the transitional period of reforming the electric power industry (2011) to groups of persons and affiliated persons within the boundaries of one price zone of the wholesale market is prohibited. Thus, the combination within the same price zone of natural monopoly types of activities with competitive ones is not allowed, at the same time, in competitive types of activities, the combination 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 a 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). Main function System operator - control over the observance of technological parameters of the functioning of the power system. To perform this function, the System Operator can issue mandatory commands to generating and grid companies, consumers with regulated load. Also, the System Operator controls the sequence of withdrawal of generating and network capacities for repair, monitors the implementation of investment programs by generating and grid 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 the volumes and prices of trade in the wholesale electricity market, conducts competitive capacity takeoff (CCO) and ensures the functioning of the balancing market - trading in deviations from the planned volumes of production and consumption of electricity.

Grid organizations carry out two main types of activities - transmission of electric energy through electric grids and technological connection of power receivers of electric power consumers, power plants of generating companies and power grid facilities of other owners to electric grids. Both of these activities are naturally monopoly and regulated by the state.

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

Electricity transmission services are provided by the grid organization on the basis of an agreement on the provision of paid services for the transmission of electric energy. The contract for the provision of transmission services is public, that is, its essential conditions are determined by the Government of the Russian Federation. Public contracts are mandatory for the conclusion of the network organization at the request of the consumer of services.

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

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

The concept of the electric power industry and its subjects

Electricity concept. Electricity is the basis for the functioning of the country's economy and the life support of citizens. This is its strategic importance and role in the life of society. Electric power industry - ϶ᴛᴏ a branch of the economy, which includes a set of economic relations arising in the production process (including production in the mode of combined generation of electric and thermal energy) of electric power transmission, operational dispatch control in the electric power industry, sales and consumption of electric energy using production and other property objects (including those included in the Unified Energy System of Russia), owned by property or on another basis stipulated by federal laws, to the subjects of the electric power industry or other persons.

Subjects of the electric power industry. In accordance with Art. 3 of the Electricity Law subjects of the electric power industry are persons carrying out activities in the field of electricity, incl. production of electrical, thermal energy and capacity, purchase and sale of electrical energy and capacity, energy supply to consumers, provision of services for the transmission of electrical energy, operational dispatch management in the electric power industry, sales of electrical energy (capacity), organization of purchase and sale of electrical energy and capacity. From the above definition, it follows that consumers of electrical energy are not included in the circle of subjects of the electric power industry, but they are subjects of the wholesale and retail electricity markets.

As a result of the reform of the electric power industry, which was completed mainly by 2008, the RAO EU of Russia holding ceased to exist and a new structure of this industry was formed, the key elements of which are:

Organization for the management of the unified national (all-Russian) electric grid;

System operator;

Market Council;

Generating companies;

Commercial operator

- distribution companies;

Sales companies;

Repair and service companies.

Along with the indicated subjects of the electric power industry, the current legislation names three more groups of subjects participating in the role of agents of the electric power sector in one or another of its areas. These groups include subjects of operational dispatch management (Article 12 of the Electricity Law), wholesale market participants (Article 31 of the Electricity Law), and retail market participants (Article 37 of the Electricity Law). At the same time, some of the subjects of the electric power industry are a member of one or another of the listed groups, and members of one group can act as members of another or other groups.

By the subjects of operational dispatch control are the system operator of the Unified Energy System of Russia and other subjects of operational dispatch management (organizations and individuals) authorized to issue operational dispatch commands and orders mandatory for subjects of operational dispatch management of a lower level, subjects of the electric power industry and consumers of electrical energy with controlled load within the dispatching responsibility zones of the respective subjects of operational dispatch control, whose activities are carried out on the basis of contracts with the system operator and other subjects of operational dispatch control and subordinate to operational dispatch commands and orders of the subjects of operational dispatch control of a higher level.

The list of organizations that carry out operational dispatch control in the electric power industry, their structure and areas of dispatch responsibility are determined by the main provisions of the wholesale market functioning and the rules of the wholesale market approved by the Government of the Russian Federation.

The peculiarities of the organization of operational dispatch control are established by Sec. II of the Rules of Operational Dispatch Management in the Electric Power Industry, approved by the Decree of the Government of the Russian Federation of December 27, 2004 ᴦ. No. 854.

Wholesale market entities within the meaning of paragraph 1 of Art. 31 of the Electricity Law are participants in the circulation of electrical energy - suppliers of electrical energy (generating companies) and buyers of electrical energy (energy sales organizations, large consumers of electricity, guaranteeing suppliers), who have received the status of a wholesale market entity in the manner prescribed by Art. 35 of this law, as well as the administrator of the wholesale market trading system, organizations that ensure the functioning of the technological infrastructure of the wholesale market, incl. organization for the management of a unified national (all-Russian) electric grid and a system operator.

According to paragraph 2 of Art. 35 of the Law on the Electricity Industry, the status of the objects of the wholesale market - participants in the circulation of electrical energy in the wholesale market receive:

Electricity suppliers connected to power grids and owning or on another basis stipulated by federal laws, generating equipment, the installed generating capacity of which exceeds the minimum permissible value established by the main provisions of the wholesale market;

Electricity consumers who are connected in accordance with the established procedure to electric grids and whose quantitative characteristics of the declared electricity consumption exceed the minimum permissible values ​​established by the main provisions of the wholesale market functioning (large consumers of electricity);

Power sales organizations that purchase electrical energy for the purpose of its subsequent sale in retail markets and whose quantitative characteristics of the declared purchase of electricity exceed the minimum permissible values ​​established by the main provisions of the wholesale market;

Guarantee suppliers, regardless of the quantitative characteristics of the volume of electricity consumption they serve;

Territorial network organizations in terms of payment for losses arising in their networks.

At the same time, within the meaning of the provisions of par. 7 clause 2 and clause 5 of Art. 35 of the Law on the Electricity Industry, the wholesale market entities can also be electricity consumers who are retail market entities.

Retail market entities the participants in relations for the production, transmission, purchase and sale and consumption of electric energy in retail markets, as well as for the provision of services inextricably linked with the process of supplying electric energy to consumers are recognized. To those in accordance with paragraph 1 of Art. 37 of the Law on the Electricity Industry includes: electricity consumers, energy sales organizations, guaranteeing suppliers, territorial grid organizations providing services for the transmission of electricity, subjects of operational dispatch management that carry out this management at the level of retail markets; electricity producers who do not have the right to participate in the wholesale market on the basis of Article 35 of the Electricity Law.

Electricity consumers within the meaning of Art. 3 of the Electricity Law are persons who purchase electrical and thermal energy for their own household and (or) production needs.

Suppliers of last resort commercial organizations are recognized that, in accordance with the Law on Electricity or voluntarily assumed obligations, to conclude a contract for the sale and purchase of electrical energy with any consumer who has applied to him or with a person acting on behalf and in the interests of the consumer and wishing to purchase electrical energy.

Power sales (power supply) organizations organizations are recognized that, as the main type of activity, sell produced or purchased electrical energy to other persons.

Utility service providers legal entities are recognized regardless of their organizational and legal form, as well as individual entrepreneurs that provide utilities, produce or purchase utilities and are responsible for the maintenance of intra-building engineering networks, using which utilities are provided to the consumer. The executors are a management organization, an association of homeowners, a housing construction, a housing or other specialized consumer cooperative, and with direct control apartment building owners of premises - another organization that produces or purchases communal resources.

Networked are organizations that own, by right of ownership or on another basis established by federal laws, objects of the electric grid economy, with the use of which such organizations provide services for the transmission of electrical energy, and also carry out, in the prescribed manner, technological connection of power receiving devices (power plants) of legal and individuals to power grids.

Manufacturers (suppliers) electric energy is recognized as the owners or other legal owners of generating facilities that produce electrical energy (power) for the purpose of selling it, or other legal entities that are owners of electrical energy (power) produced at generating facilities, or have the right to sell it.

The concept of the electric power industry and its subjects - the concept and types. Classification and features of the category "The concept of the electric power industry and its subjects" 2017, 2018.

Electricity entities

Art. 3 of the Federal Law "On the Electricity", the approximate names a list of such entities: subjects of the electric power industry - persons operating in the field of the electric power industry, including the production of electricity, heat and power, the purchase and sale of electricity and energy, operational dispatch management in the electric power industry, the sale of electrical energy (capacity), the organization of the sale and purchase of electrical energy and capacity.

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

Among the subjects of the electric power industry, the organization for the management of the Unified National Electric Grid, the system operator, the administrator of the trading system, and generating companies stand out. The organization managing the Unified National Electric Grid is OJSC Federal Grid Company.

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

The trading system administrator is a non-profit organization "Market Council". This is an analogue of the Central Bank of the Russian Federation, since the Market Council is empowered to develop regulations and so on.

Generating companies - producers of electrical energy; these are the owners or other legal owners of hydroelectric power plants, nuclear power plants, 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 Features of Management and Disposal of Property and Shares of Organizations Operating in the Field of Atomic Energy Use").

In the electric power industry, in addition to the electric power industry entities, the legislator also specifies the operational dispatch management entities, the wholesale market entities, and the retail market entities. At the same time, a simple addition of these entities does not provide a list of electric power entities.

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

Normative acts contradictory on this point: cf. regulations on attributing power grid facilities to the Unified National Electric Grid and on maintaining registers of these facilities and a provision on the criteria for attributing power grid facilities to the Unified National Electric Grid.

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 transition

period of the economy, but, obviously, national features

the future of the Russian market, which can provide

harmony of interests and stability of public life<1>.

<1>Yakushev V.S. Civil Code Russia (part two) - the continuation of the formation of market legislation (general legal characteristic) // Russian legal journal. 1996. N 2.S. 16.

Electric power industry is a branch of the economy of the Russian Federation, which includes a set of economic relations arising in the process of production (including production in the mode of combined generation of electric and thermal energy), transmission of electric energy, operational dispatch control in the electric power industry, sales and consumption of electric energy from the use of production and other property objects (including those included in the Unified Energy System of Russia), owned or on other grounds stipulated by federal laws, to the subjects of the electric power industry or other persons. This concept contained in Art. 3 Federal law of March 26, 2003 N 35-FZ "On the electric power industry"<2>(hereinafter referred to as the Federal Law), which establishes legal basis economic relations in the electric power industry (Article 1), i.e. establishes the features of the legal regulation of relations regulated by civil law.

<2>Collection of legislation of the Russian Federation. 03/31/2003. No. 13. Art. 1177.

The federal law consolidated the main provisions for reforming the industry, including the division of activities in the electric power industry into competitive and non-competitive ones, and established the specifics of legal regulation of a legal entity's activities depending on the type of electric power facilities that it uses when carrying out entrepreneurial activities in this industry.

In the course of the reform, a large number of power industry entities were created, including generation companies, technological and commercial infrastructure organizations, and energy sales companies.

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

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

<3>We are ready to consider any responsible proposals // Kommersant. 26.08.2011. N 158, p. 10.

The federal law classifies network organizations as infrastructure organizations.

Under the infrastructure it is customary to understand the totality of industries, enterprises and organizations belonging to these industries, their types of activities, designed to provide, create conditions for the normal functioning of the production and circulation of goods, as well as the life of people ...<4>.

<4>Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. Modern economic dictionary. M .: INFRA-M, 2006 (SPS "ConsultantPlus").

Some of the subjects of the electric power industry are classified by federal law as subjects of commercial or technological infrastructure... The organizations of the commercial infrastructure of the wholesale market include the non-commercial partnership "Market Council", which is the organizer of the wholesale electricity and capacity market, a commercial operator of the wholesale market that provides services for organizing wholesale trade in electricity, capacity and other goods and services admitted to circulation on the wholesale market, as well as other organizations of commercial infrastructure.

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

<5>In turn, the management of a number of major regional TGOs is carried out JSC "Holding of Interregional Distribution Grid Companies" established on July 1, 2008 on the day of the liquidation of RAO UES of Russia. The state owns 53.7% of shares in KMGCK. In turn, KMGCK, OJSC owns 51-100% of shares in regional TSO - IDGCs. assets of the distribution grid complex of Russia (substations and grids with a voltage of 0.4 - 220 kV), with the exception of the Far East and grids of regional energy systems that were not part of RAO "UES" Main characteristics of the holding:

• 591 billion kWh- the volume of electricity transmitted through the holding's grids in 2010 (about 59% of Russia's 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. 26.08.2011. No. 158, p. 10; The government will open up networks for investors // Kommersant. 03/14/2011. N 42 / P.

In addition, the objects used by grid organizations in the course of their entrepreneurial activities are classified by the legislator 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 formed by the UNEG, territorial distribution networks through which electricity is transmitted, and one system operational dispatch control.

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

The interaction of the subjects of the wholesale and (or) retail markets with the UNEG and (or) TSO management organization is carried out in accordance with the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, approved by the Decree of the Government of the Russian Federation of December 27, 2004 N 861<6>, The Rules of the Wholesale Electricity and Capacity Market, approved by the 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 the Decree of the Government of the Russian Federation of August 31, 2006 N 530<8>.

<6>Collection of legislation of the Russian Federation. 12/27/2004. No. 52 (part 2). Art. 5525.
<7>Collection of legislation of the Russian Federation. 04.04.2011. No. 14. Art. 1916.
<8>Collection of legislation of the Russian Federation. 11.09.2006. No. 37. Art. 3876.

At the moment, the Federal Law does not disclose the concept of "infrastructural organization" and does not establish the specifics of the legal regulation of the activities of such organizations. The assignment or non-assignment of a legal entity to an infrastructure organization does not change the legal regulation of the activity of this entity. At the same time, the development of the UNEG and power grid facilities of the TGO is a priority network organizations and 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's investment policy in the development of the UNEG are to increase the efficiency of the electric power industry, eliminate technological restrictions on the flow of electric energy and increase the throughput of electric networks to ensure the delivery of capacities by power plants. For these purposes, the state regulates the investment activities of the UNEG management organization.

The first legal concept "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 the Decree of the Government of the Russian Federation of December 27, 2004 N 861 (hereinafter referred to as the Rules).

<9>Until the beginning of 2003, an attempt was made in legal acts to introduce the concept of an electric grid organization into the legal field. So, in particular, in accordance with clause 3 of the Rules for the provision of services for the transmission of electrical energy, approved by the Resolution of the Federal Energy Commission of the Russian Federation of 11.09.1998 N 36/3, "electric grid organization"- a legal entity, regardless of its organizational and legal form, owning or on another legal basis electrical networks and (or) devices for converting electrical energy, carrying out economic activity for the provision of comprehensive services related to the use of electrical networks and (or) devices for converting electrical energy. Considering that the text of the Resolution was not officially published and the Resolution of the FEC of the Russian Federation of May 14, 2003 N 37-e / 15, the above Resolution was declared invalid, in this article we will not characterize this concept.

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

This concept, due to its incorrectness, was changed by the 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 provisions of the Rules are aimed at the implementation of Art. 426 of the Civil Code of the Russian Federation and clause 2 of Art. 26 of the Federal Law and stipulate general principles and the procedure for ensuring non-discriminatory access to services for the transmission of electrical energy, as well as the provision of these services, including preventing the grid organization from refusing to conclude a public contract if it is possible to provide the consumer with appropriate services (transmission of electrical energy and technological connection).

<10>Resolution of the Government of the Russian Federation of March 21, 2007 N 168 "On Amending Certain Decrees of the Government of the Russian Federation on Electric Power Issues" published in the Collected Legislation of the Russian Federation, 02.04.2007, N 14, Art. 1687.

At the same time, the previously existing concept excluded the application of the norms 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 on a legal basis. On the basis of this, she owned the objects of the electric grid economy. Abuse, as a rule, was expressed in evasion from concluding an agreement on the implementation of technological connection by organizations owning electric grid facilities, while the main activity of which was not transmission or technological connection.

At present, according to clause 2 of the Rules, grid organizations are organizations that own, on the basis of ownership or on another basis established by federal laws, power grid facilities, with the use of which such organizations provide services for the transmission of electrical energy and carry out, in accordance with the established procedure, technological connection of power receiving devices ( power plants) of legal entities and individuals to power grids, as well as those exercising the right to conclude contracts for the provision of services for the transmission of electrical energy using power 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 a subject of the electric power industry, in the presence of which a person can be recognized as a grid 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 referred to as the Civil Code of the Russian Federation), the participants in relations regulated by civil law are citizens and legal entities. A legal entity of the Civil Code of the Russian Federation means an organization that owns, operates economically or operational management separate property and is responsible for its obligations with this property, can, on its own behalf, acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and defendant in court (Article 48 of the Civil Code of the Russian Federation).

<11>Civil Code of the Russian Federation of November 30, 1994 N 51-FZ // Collected Legislation of the Russian Federation. 05.12.1994. N 32. Art. 3301.

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 by 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 other than in the cases and in the manner established by law. Civil rights may be limited on the basis of federal law and only to the extent necessary in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the country's defense and state security (paragraph 2, clause 2 Article 1 of the Civil Code of the Russian Federation). Federal law does not directly establish the goals of introducing the restriction, and the restriction itself is clearly legal and technical<12>not expressed.

<12>Legal technique in a broad sense can be defined as a set of means and methods by which the goals, designated or pursued by the authorities of civil society, fit into the mainstream of legal norms and are achieved through the effective implementation of these norms. See: P. Sandevoir Introduction to Law. M., 1994.S. 135.

In accordance with the legal position of the Constitutional Court of the Russian Federation, consistently set forth in the 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 ambiguity of the law give rise to the possibility of ambiguous interpretation and, therefore, its arbitrary application, which is contrary to the constitutional principles of equality and justice, from which follows the requirement of certainty, clarity, unambiguousness of legal norms and their consistency in the system of current legal regulation; otherwise, contradictory law enforcement practice may take place, which weakens the guarantees of state protection of rights, freedoms and legitimate interests.

Thus, from the point of view of legal techniques 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 - an organization that owns power grid facilities on the basis of ownership or on another basis established by federal laws. The second sign of a network organization is based on the principle of title ownership<13>by a legal entity with power grid facilities. Under the objects of the power grid facilities st. 3 of the Federal Law understands power lines, transformer and other substations, distribution points and other equipment intended to provide electrical connections and transfer electrical energy. The legislation of the Russian Federation does not contain a general rule limiting the turnover capacity of power grid facilities.

<13>Title ownership is the ownership of a thing based on any right (legal basis or title) arising from a relevant legal fact, for example, ownership based on a contract of sale of a thing or on its transfer by way of inheritance. In contrast to this, titleless (actual) ownership is not based on any legal basis, although under the conditions established by law it can also entail certain legal implications// Civil law: In 2 volumes. Vol. I: Textbook / Resp. ed. prof. E.A. Sukhanov. 2nd ed., Rev. and add. M .: Publishing house "BEK", 2003. S. 493.

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

• provision of services for the transmission of electrical energy;
• implementation in the prescribed manner of technological connection of power receivers (power plants) of legal entities and individuals.

Prior to the adoption of the Federal Law, a subordinate normative legal act delimited the concept of "transmission of electrical energy" from the concept of "distribution of electrical energy"<14>.

<14>See: The main directions of reforming the electric power industry of the Russian Federation, approved by the Decree of the Government of the Russian Federation of July 11, 2001 N 526 (Collected Legislation of the Russian Federation. July 16, 2001. N 29. Art. 3032).

At present, the legislation of the Russian Federation on the electric power industry does not contain the aforementioned delimitation, and by services for the transmission of electrical energy, the Federal Law understands a set 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 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 services for a fee. The contract for the provision of these services is public <15>.

<15>In accordance with paragraph 1 of Art. 426 of the Civil Code of the Russian Federation, a public contract is an agreement concluded 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 turns to it (retail trade, transportation by public transport, communication services, energy supply, medical, hotel services, etc. etc.).

The activities for the provision of services for the transmission of electrical energy, carried out by grid organizations, as well as the specified activities of the owners or other legal owners of power grid facilities are carried out under conditions of natural monopoly and are regulated in accordance with the legislation on natural monopolies, the Federal Law "On Electricity" and other federal laws ...

Article 4 of the Federal Law of August 17, 1995 N 147-FZ "On natural monopolies"<16>classifies the activity on the transmission of electrical energy to natural monopoly types of activity.

<16>Collection of legislation of the Russian Federation. 08.21.1995. No. 34. Art. 3426.

Production under conditions of natural monopoly has an important technological feature defining 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. In connection with such a cost structure, it is not the competition of several producers, as in other industries, that is more efficient, but the absence of competition and the monopoly of one commodity producer. The main feature of a natural monopoly is that meeting demand in a given market under a monopoly is more efficient than under a competitive environment.<17>.

<17>Avilov G.E., Belov V.E., Klein N.I., Kotov S.F., Pavlova O.K., Razgulyaev Yu.A., Tsukanova N.Sh. Commentary on the Federal Law "On Natural Monopolies" // Legislation and Economics. N 19-20 (137-138) / 96. P. 6.

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

<18>Erina E.N. Problems of price regulation in relation to subjects of natural monopolies of the fuel and energy complex // Legislation and Economics. 2008. N 4.

One of the most important functions of the bodies regulating natural monopolies is the formation and maintenance of the register of subjects of natural monopolies. The decision to introduce regulation is the basis for the inclusion of 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 violates the law. The register includes only those economic entities that are engaged in the production (sale) of goods under conditions of natural monopoly.

In addition to the aforementioned type of activity carried out in accordance with the legislation on natural monopolies, the grid organization is obliged to perform in relation to any person who applied to it measures for technological connection of newly commissioned, newly built, expanding their previously connected capacity and reconstructed power receivers to their power grids. (hereinafter referred to as technological connection), subject to the observance of the Rules for technological connection of power receivers of consumers of electric energy, facilities for the production of electric energy, as well as facilities of the electric grid facilities belonging to grid organizations and other persons, to electric grids, approved by the Decree of the Government of the Russian Federation dated December 27 2004 N 861 (hereinafter referred to as the Technological Connection Rules), and the availability of the technical capability for technological connection.

According to par. 2 p. 1 art. 26 of the Federal Law, technological connection is carried out on the basis of an agreement on the implementation of technological connection to power grid facilities, concluded by the grid organization and the person who applied to it. The specified agreement is public.

It should be noted that the owner (who is not a grid organization) of an energy receiving device or electric power facilities that were previously technologically connected in an appropriate manner, upon agreement with the grid organization, has the right to connect a third party (another owner of an electric power facility) to their networks, provided that the previously issued technical conditions are met. In this case, an agreement on the implementation of technological connection is concluded between the specified owner of the power receiving device and a third party, the fee for which is set in accordance with the legislation of the Russian Federation on the electric power industry.

The fourth sign. A grid organization is an organization "exercising the right to conclude contracts for the provision of services for the transmission of electrical energy using electric grid facilities belonging to other owners and other legal owners included in the UNEG."

This feature is typical for the UNEG management organization. Currently, more than 60 legal entities are the owners of power grid facilities, which by their parameters refer to UNEG facilities. The total number of such facilities owned by other owners is more than 400. As a rule, we are talking about power grid facilities of persons who were not part of the RAO UES of Russia holding, therefore it was impossible to consolidate such facilities through centralized corporate procedures.

Federal law in order to ensure the security of the Russian Federation, to protect the rights and legitimate interests of legal entities and individuals, to ensure the unity of the economic space in the field of electricity circulation restricted the owners or other legal owners of power grid facilities included in the UNEG, in the exercise of their rights in terms of:

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

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 power grid facilities included in the UNEG, limited by the Federal Law, are exercised by the UNEG management organization.

The UNEG management organization concludes agreements with other owners or other legal owners of power grid facilities included in the UNEG that determine the procedure for using these facilities.

The conclusion of such contracts is obligatory for the owners or other legal owners of power grid facilities included in the UNEG.

These four features of a grid 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 field of 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 power grid facilities. Grid organizations are professional participants in the electricity and capacity markets; they provide services for the transmission of electrical energy on an ongoing basis and carry out technological connection activities. The contracts on the basis of which the above services are provided are public, and network organizations have no right to refuse to conclude them or to give preference to one or another potential consumers <19>.

<19>So, in the Decision of the Constitutional Court of the Russian Federation of 06.06.2002 N 115-O, it is indicated that the refusal of an organization to conclude a public contract if possible, provide the consumer with appropriate services it is not allowed, and in such a case evading the conclusion of a public contract, the other party has the right to apply to the court with a demand to compel the conclusion of an agreement and to compensate for losses caused by an unjustified refusal to conclude it (paragraph 3 of Article 426 and paragraph 4 of Article 445 of the Civil Code of the Russian Federation).

Other owners of power grid facilities, as a rule, created power grid facilities to meet their own production needs. Compulsion of such owners to the obligatory conclusion of contracts with any person who applied would constitute a restriction of rights and a violation of the fundamental principle of civil law - freedom of contract (clause 1 of 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, power supply schemes settlements and the continuity of the process of production, transmission and consumption socially significant product- electricity and capacity legislation of the Russian Federation on the electric power industry imposes certain restrictions on other owners of power grid facilities.

The federal law provides that another owner of power grid facilities, to which power receivers or power industry facilities are technologically connected in a proper manner, is not entitled to interfere with the transmission of electrical energy to these devices or objects and (or) from these devices or objects, including the conclusion of in relation to these devices or objects of contracts for the sale and purchase of electrical energy, contracts for energy supply, contracts for the provision of services for the transmission of electrical energy.

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

(1) power plants electricity producers;

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

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

such a 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 power plants of electric power producers, ownerless power grid facilities or power receivers (power grid facilities) of persons who do not provide services for the transmission of electric energy are connected, to which its power receiving device is directly connected.

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

The said owners and other legal owners of power grid facilities, through which the consumer's power receiving device is indirectly connected to the power grids of the grid organization, are entitled to provide services for the transmission of electrical energy using their power grid facilities after setting a tariff for them for services for the transmission of electrical energy.

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

The specified criteria for differentiating network organizations are currently conditional, since there are often cases when the UNEG management organization provides services to the subjects of retail markets and, conversely, the TGO provides services for the transfer of electrical energy to the subjects of the wholesale market. In addition, the Federal Law allows for the possibility, until January 1, 2014, for the UNEG management organization to lease the power grid facilities by TGO in agreement with the authorized federal executive bodies.<20>.

<20>See: Rules for coordinating the transfer of power grid facilities included in the unified national (all-Russian) power grid, leased to territorial grid organizations, approved by Decree of the Government of the Russian Federation of December 27, 2010 N 1173 // Collected Legislation of the Russian Federation. 06.06.2011. No. 23. Art. 3316.

At the same time, it should be emphasized that the UNEG is the main part of the Unified Energy System of Russia and includes a system of main power transmission lines that unite most of the country's regions, and is one of the elements of guaranteeing the integrity of the state.<21>.

<21>Chapter II. Directions of reforming the electric power industry, section 2. Reforming the electric power industry, subsection "Establishment of a federal grid company" Main directions of reforming the electric power industry of the Russian Federation, approved by Decree of the Government of the Russian Federation of 11.07.2001 N 526.

In accordance with Art. 7 of the Federal Law, the UNEG is a complex of power grids and other power grid facilities owned by or on another basis stipulated by federal laws to the subjects of the power industry and ensuring a stable supply of electricity to consumers, the functioning of the wholesale market, as well as the parallel operation of the Russian power system and power systems foreign states.

The criteria for classifying power 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 power grid facilities as UNEG and the procedure for maintaining the register of power grid facilities included in the UNEG were approved by Decree of the Government of the Russian Federation of October 28, 2003 N 648.

<22>Collection of legislation of the Russian Federation. 30.01.2006. No. 5. Art. 556.

However, one exception is made in the legislation of the Russian Federation: the complex of electric grids and other objects of the electric grid facilities of public railway transport does not belong to the UNEG. Open Joint Stock Company "Russian railways"disposes of the specified objects independently, taking into account the restrictions established by the Federal Law of February 27, 2003 N 29-FZ" On the peculiarities of management and disposal of property of railway transport "<23>.

<23>Collection of legislation of the Russian Federation. 03.03.2003. No. 9. Art. 805.

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

In accordance with clause 3 of the Regulation on classifying power grid facilities as UNEG and on maintaining the register of power 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 by the UNEG management organization<24>.

<24>The Russian Federation owns 79.48% of the shares of JSC FGC UES. Market capitalization of JSC FGC UES as of December 31, 2010 - 452 billion rubles. At present, JSC FGC UES owns the bulk of the UNEG facilities:

• number of substations - 797;
• total capacity of 35 - 750 kV transformers - 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 stipulates that the share of the Russian Federation in the authorized capital of the UNEG management organization upon completion of the restructuring of RAO UES of Russia must be at least 75 percent plus one voting share.

The creation of a UNEG management organization, according to the reformers, should allow:

to strengthen the integrating role of the Unified Energy System of Russia and ensure interaction between producers and consumers of electricity 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;

to increase the energy security of the state;

contribute to the implementation of an effective state foreign economic policy in the field of the electric power industry.

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

The UNEG management organization renders, on a reimbursable contractual basis, services for the transmission of electrical energy through the UNEG to the subjects of the wholesale market, as well as to other persons who have, on the basis of ownership or on another basis stipulated by federal laws, electric power facilities that are technologically connected to the UNEG in accordance with the established procedure.

The concept of "territorial network organization" is disclosed in Art. 3 of the Federal Law, according to which a territorial grid organization means a commercial organization that provides services for the transmission of electrical energy using power grid facilities that are not part of the UNEG. Based on the definition of TCO, we can conclude that this 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-making as the main goal of their activities (commercial organizations) or do not have profit-making as such a goal and do not distribute the received profit among the participants (non-profit organizations). Legal entities that are commercial organizations can be created in the form of business partnerships and companies, production cooperatives, state and municipal unitary enterprises.

Thus, on the one hand, the differentiation of grid organizations into a UNEG management organization and territorial grid organizations is based on the second sign of the legal concept of a grid organization by the title of ownership of power grid facilities and their differentiation into UNEG facilities and non-UNEG facilities. UNEG. On the other hand, there is a unifying feature: network organizations are commercial organizations. In addition to the aforementioned signs of grid organizations (their legal definition and classification by legislation as infrastructure organizations), it is necessary to pay attention to two more signs, which are based on the conceptual provisions of the Federal Law and were used as the basis for reforming the electric power industry of the Russian Federation.

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

<25>A prohibiting norm is a norm that establishes the subject's obligation to refrain from committing actions of a certain kind (for example, not to inform unauthorized persons about the fact of adoption; not to pass laws that violate human rights and freedoms). See: S.S. Alekseev Law: ABC - Theory - Philosophy: The Experience of Comprehensive Research. M .: Statut, 1999.S. 64.

In particular, there are two prohibitions. The first is set in clause 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 for the purchase and sale of electrical energy and power (except for the purchase of electrical energy (power) carried out for its own (economic) needs; purchase of electrical energy (power) carried out in order to compensate for losses in electrical networks and technological ensuring the joint operation of the Russian electric power system and the electric power systems of foreign states, 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 activities for the purchase and sale of electrical energy (except for the purchase by territorial grid organizations of electrical energy 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, while 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 for the possibility of simultaneously owning or on other grounds provided for by federal laws, property directly used in the implementation of activities for the transmission of electric energy and operational dispatch control in the electric power industry, and property directly used in the implementation of activities for the production and sale of electricity.

In addition, par. 5 tbsp. 4 of the Federal Law of March 26, 2003 N 36-FZ "On the specifics of the functioning of the electric power industry during the transition period and on amending certain legislative acts of the Russian Federation and invalidating some legislative acts of the Russian Federation in connection with the adoption of the Federal Law" On the electric power industry "<26>establishes that organizations created during the reorganization of RAO UES of Russia, its subsidiaries and dependent companies are not entitled to simultaneously own power grid facilities related to the UNEG and power grid facilities not related to the UNEG.

<26>Collection of legislation of the Russian Federation. 03/31/2003. No. 13. Art. 1178.

One more, very specific, technological feature of the network organization can be pointed out. As you know, in the process of transferring electrical energy through the objects of the electric grid economy, there is natural decline transmitted energy, the so-called losses.

In accordance with clause 51 of the Rules, grid organizations are obliged to pay the cost of actual losses of electrical energy arising in the network facilities they own, minus the cost of losses accounted for in 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 electricity producers, and the volume of electrical energy consumed by power receivers connected to this network, as well as transferred to other network organizations. ...

Consumers of services, with the exception of electricity producers, are obliged to pay as part of the tariff for electricity transmission services the standard losses arising from the transmission of electricity through the network by the network organization with which the relevant persons have entered into an agreement, except for losses included in the price (tariff) electrical energy, in order to avoid double counting.

The norms of technological losses are established by the authorized federal executive body in accordance with the rules and methods for calculating the normative technological losses of electricity in electrical networks.<27>.

<27>Instructions for organizing in the Ministry of Energy of the Russian Federation work on the calculation and substantiation of standards for technological losses of electricity during its transmission through electric grids, approved by Order of the Ministry of Energy of Russia dated December 30, 2008 N 326 // Bulletin of normative acts of federal executive bodies. 20.04.2009. N 16.

The norms for losses of electric energy in electric grids are established in relation to the totality of power transmission lines and other objects of the electric grid economy belonging to the corresponding grid organization, taking into account the differentiation by voltage levels of the grids when setting tariffs for services for the transmission of electric energy.

Based on the foregoing, we can offer the following concept of a grid 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 in the register of natural monopoly entities in accordance with the procedure established by law and providing services on a reimbursable basis for the transfer of electrical energy and (or) technological connection to the power grid facilities of the grid organization of power facilities and (or) power receiving devices, the price (tariffs, payment) for which, in accordance with the legislation, is established and (or) regulated by the authorized government bodies, and the nature of the activities of such an organization obliges it to provide these services in relation to everyone who turns to it.