ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 18, 2020 No. 554

About introduction of amendments to some acts of the Government of the Russian Federation concerning enhancement of the organization of accounting of electrical energy

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to acts of the Government of the Russian Federation concerning enhancement of the organization of accounting of electrical energy.

2. Determine that the metering devices of electrical energy (measuring transformers) which are not conforming to the requirements specified in the Section X of Basic provisions of functioning of the retail markets of electrical energy approved by the order of the Government of the Russian Federation of May 4, 2012 No. 442 "About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy" used on the date of entry into force of this resolution can be used up to the expiration of the intertesting interval established for them, before the expiration of operation or until exit of such metering devices out of operation or their loss.

3. Recommend to the guaranteeing suppliers of electrical energy no later than one month from the effective date of this resolution to place in the centers of internal consumer service (buyers) and on the websites on the Internet information on procedure for equipment of power receiving devices of consumers of electrical energy metering devices of electrical energy, procedure for removal and transfer of indications of metering devices of electrical energy, persons (the name of the organizations) to whom obligations on ensuring implementation of the specified functions, about other questions of the organization of commercial accounting of electrical energy (capacity) taking into account the changes approved by this resolution are assigned.

4. To provide to the Ministry of Energy of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Ministry of digital development, communication and mass communications of the Russian Federation and Federal Antimonopoly Service carrying out monitoring of implementation of this resolution and on its results to report in the Government of the Russian Federation till July 1, 2021.

5. This resolution becomes effective since July 1, 2020.

Approved by the Order of the Government of the Russian Federation of April 18, 2020 No. 554

Changes which are made to acts of the Government of the Russian Federation concerning enhancement of the organization of accounting of electrical energy

1. In Basic provisions of functioning of the retail markets of electrical energy approved by the order of the Government of the Russian Federation of May 4, 2012 No. 442 "About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy" (The Russian Federation Code, 2012, No. 23, Art. 3008; 2013, No. 1, Art. 45, 68; No. 5, Art. 407; No. 31, Art. 4226; No. 32, Art. 4309; No. 35, Art. 4523, 4528; 2014, No. 7, Art. 689; No. 32, Art. 4521; 2015, No. 5, Art. 827; No. 10, Art. 1540, 1541; No. 23, Art. 3312; No. 28, Art. 4244; No. 37, Art. 5153; 2016, No. 9, Art. 1266; No. 22, Art. 3212; No. 42, Art. 5942; No. 44, Art. 6135; No. 51, Art. 7372; 2017, No. 1, Art. 178; No. 2, Art. 338; No. 8, Art. 1230; No. 20, Art. 2927; No. 21, Art. 3009; No. 23, Art. 3323; No. 29, Art. 4372; No. 31, Art. 4923; No. 32, Art. 5077; No. 36, Art. 5441; No. 45, Art. 6674; No. 47, Art. 6987, 6997; 2018, No. 3, Art. 543; No. 28, Art. 4212, 4223; No. 34, Art. 5483; No. 39, Art. 5970; No. 41, Art. 6241; No. 51, Art. 8007; No. 53, Art. 8666; 2019, No. 26, Art. 3453; 2020, No. 2, Art. 189):

a) the sixteenth Item 2 to state the paragraph in the following edition:

"non-accounting consumption" - consumption of electrical energy with violation of the power supply (purchase and sale (delivery) of electrical energy (capacity), rendering services in transfer of electrical energy) established by the agreement and the this document of accounting treatment for electrical energy from the consumer (buyer) expressed in intervention in operation of the metering device, measuring complex, the measuring transformers of current and (or) tension connected among themselves according to the established scheme by secondary chains through which metering devices are established (are connected) (further - measuring transformers), systems of accounting, components of intellectual system of accounting of electrical energy (capacity) in cases of violation of integrity (damage) of the metering device, measuring complex, measuring transformers, violations (damage) of the seals and (or) signs of visual inspection applied on the metering device, measuring complex measuring transformers, system of accounting, components of intellectual system of electrical energy (capacity), on the devices interfering access to them, located to installation site of the metering device of electrical energy (measurement point the metering device) when according to this document the metering device, measuring complex, measuring transformers, system of accounting, components of intellectual system of accounting of electrical energy (capacity) are installed in borders of balance sheet accessory of the consumer (buyer) and (or) in borders of the parcel of land belonging to such consumer on the property right or other legal cause on which power receiving devices of the consumer are located (further - borders of the parcel of land) or if the obligation on ensuring integrity and safety of the metering device, measuring complex, measuring transformers (system of accounting) is assigned to the consumer (buyer), and also with violation of the specified procedure, the metering device found in borders of balance sheet accessory of the consumer (buyer) of connection of power receiving devices to measurement point or in borders of the parcel of land of the consumer (buyer) of connection to measurement point the metering device of the power receiving devices located in borders of this parcel of land.";

b) add the Section I with Item 8 (1) the following content:

"8(1). For the purposes of this document the notification is understood as delivery of the notification to person to whom it is addressed, or its direction to such person to one of the following methods (except as specified when for separate types of notifications different ways are directly provided):

a) the registered mail - if the addressee is the citizen, then the notification goes on registration address of the citizen or the residence, or to the address which the citizen specified itself in the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity), rendering services in transfer of electrical energy), or if addressee is the individual entrepreneur or the legal entity, then the notification goes to the address specified in the Unified State Register of Private Entrepreneurs or the Unified State Register of Legal Entities or to the address specified by the individual entrepreneur or the legal entity in the relevant agreement. The notifications sent to the specified addresses are considered received even if the corresponding person actually does not live (is not) to the specified address, after control terms of transfer of written correspondence;

b) inclusion of the text of the notification in the invoice for payment of the consumed electrical energy (capacity), the rendered services in transfer of electrical energy and (or) services which rendering is integral part of process of delivery of electrical energy to consumers;

c) e-mail - to the e-mail address which is specified in the relevant agreement. At the same time the notification is considered received at the time of its direction;

d) the direction of the short text message (further - the SMS message) on the subscriber number allocated with the operator of mobile radiotelephone communication (further - number of the mobile phone) which is specified in the relevant agreement. At the same time the notification is considered received at the time of its direction;

e) facsimile or other telecommunication channels - on condition of opportunity availability to authentically determine from whom the message proceeded and to whom it is addressed. At the same time the notification is considered received at the time of its direction.";

c) in Item 16:

in paragraph one of the word "for consumers" to exclude;

the fifth to state the paragraph in the following edition:

"the requirement about removal of indications of metering devices by person responsible for removal of indications of metering devices according to the Section X of this document, for the date and time established according to the paragraph the fourth this Item, and on their transfer no later than 2 months from the date of removal to the guaranteeing supplier, the offer on which conclusion of agreement is accepted the consumer according to Item 21 of this document, or in other cases - to the network organization with which the consumer signs the electrical power transmission agreement, and in case of not conclusion of such agreement - to the network organization to which objects of electric grid economy power receiving devices of the consumer are attached. At the same time if person responsible for removal of indications of metering devices, the network organization is, such indications are transferred to the address of the corresponding guaranteeing supplier no later than 10 working days from the date of their removal;";

d) in the offer the first Item 22 "consumer" shall be replaced with words the word "the subject of the retail markets";

e) to add Item 32 paragraph two after the words "approved by the order of the Government of the Russian Federation of December 27, 2004 No. 861" with words "(further - Rules of technological accession)";

e) Item 39 in paragraph one (words of "power receiving devices of consumers of electrical energy, facilities for production of electrical energy, and also objects of electric grid economy belonging to the network organizations and other persons to power networks" to exclude 1);

g) in Item 40:

the ninth to state the paragraph in the following edition:

"the conditions about accounting treatment for electrical energy (capacity) with use of metering devices and order of interaction of agreement parties in the course of such accounting specified in Item 42 of this document, characteristic of the metering devices which are available for date of the conclusion of the agreement, and condition about procedure for scoping and cost of consumption of electrical energy (capacity) in case of lack of metering devices and in other cases when according to this document settlement methods are subject to application;";

the fourteenth to state the paragraph in the following edition:

"penalty in the amount of and in cases which are provided by the Section X of this document;";

h) in paragraph four of Item 41 of the word of "power receiving devices of consumers of electrical energy, facilities for production of electrical energy, and also objects of electric grid economy belonging to the network organizations and other persons to power networks" to exclude;

i) in Item 42:

state paragraph two in the following edition:

"procedure for installation and the admission of the established metering device in operation by person obliged to perform such actions in accordance with the legislation of the Russian Federation about power industry including operations procedure of the consumer (buyer) and the guaranteeing supplier which they shall make for the purpose of ensuring installation and the admission of the established metering device in operation;";

the fourth to state the paragraph in the following edition:

"the name and contacts of the legal entity responsible in accordance with the legislation of the Russian Federation about power industry for operation of the metering device;";

to state paragraphs of the sixth and seventh in the following edition:

"procedure, methods and frequency of removal and transfer of indications of metering devices by the responsible person obliged to perform the specified actions according to this document;

procedure for the message on metering device exit (measuring complex, measuring transformers) out of operation and its loss;";

to declare the paragraph of the eighth invalid;

the ninth to state the paragraph in the following edition:

"obligation of the consumer (buyer) on ensuring access to installation site of the metering device of representatives of the organizations authorized on making of actions for installation, commissioning and dismantle of the metering device, check and removal of indications, including control removal of indications in cases and according to the procedure which are provided by the Section X of this document.";

the eleventh to state the paragraph in the following edition:

"If delivery points on the date of the conclusion of the agreement are not equipped with metering devices, the agreement shall contain also specifying on person obliged to perform in accordance with the legislation of the Russian Federation about power industry actions for providing the equipment of points of delivery with metering devices of electrical energy, and also condition about procedure for scoping of consumption of electrical energy (capacity) of the rendered services in transfer of electrical energy in case of lack of metering devices and in other cases when settlement methods according to the Section X of this document are subject to application.";

j) to declare the paragraph of the eighth of Item 43 invalid;

k) in paragraph one of Item 45 of the word "power receiving devices of consumers of electrical energy, facilities for production of electrical energy, and also objects of electric grid economy belonging to the network organizations and other persons, to power networks, approved by the order of the Government of the Russian Federation of December 27, 2004 No. 861" to exclude;

l) the paragraph one of Item 63 to state in the following edition:

"63. Concerning the subject of the retail markets owning on the property right or other legal cause by the facility for production of electrical energy (capacity) and the power receiving devices connected by the objects of electric grid economy belonging to this subject on the property right or other legal cause on which transfer of all or parts of amount of the electrical energy consumed by the specified power receiving devices of such subject for the purpose of participation in the retail markets in the relations selling electrical energy (capacity) made on the facilities for production of electrical energy (capacity) belonging to it is performed separate hourly accounting of production and own consumption of electrical energy according to the procedure, provided by the Section X of this document shall be provided. The owner of the respective facilities for production of electrical energy (capacity) and power receiving devices shall provide access to installation site of the metering device of representatives of the organizations authorized on making of actions for installation, commissioning and dismantle of the metering device, check and removal of indications, including control removal of indications.";

m) the eleventh Item 64 to state the paragraph in the following edition:

"availability and proper functioning of the metering devices established concerning the facility for production of electrical energy (capacity) and power receiving devices (objects of electric grid economy) concerning which the agreement is signed allowing to measure hourly production volumes and consumption of electrical energy, the list of such metering devices, and also condition about removal and transfer of indications of such metering devices to the guaranteeing supplier in terms and according to the procedure which are established by the Section X of this document;";

o) in paragraphs five and the ninth Item 65 of the word "established by Items 161 and 164 of this document" shall be replaced with words "established by the Section X of this document";

o) the paragraph of the seventh of Item 65 (to state 1) in the following edition:

"availability and proper functioning of the metering devices established concerning the qualified generating objects concerning which the agreement is signed allowing to measure hourly production volumes of electrical energy, the list of such metering devices, and also condition about removal and transfer of indications of such metering devices to the guaranteeing supplier in terms and according to the procedure, which are established by the Section X of this document;";

p) state Item 76 in the following edition:

"76. The guaranteeing supplier has no right to establish in contracts of power supply with the citizens specified in Item 71 of this document, other requirements to metering devices of electrical energy except the requirements provided by the Section X of this document and other regulatory legal acts. At the same time installation of metering devices of electrical energy is performed by person to who in accordance with the legislation of the Russian Federation about power industry such obligation is assigned.";

c) the eleventh Item 85 to state the paragraph in the following edition:

"For implementation of final settlements on electrical energy (capacity) person authorized according to the Section X of this document on making of the specified actions shall provide provision to the guaranteeing supplier (the power sales, power supplying organization) of the indication of the metering devices used for agreement settlements for date of termination or change of the agreement.";

r) the twenty fourth Item 88 to declare the paragraph invalid;

s) in paragraph five of Item 113 of the word "in Item 164" shall be replaced with words "in the Section X";

t) in Item 119 of the word of "power receiving devices of consumers of electrical energy, facilities for production of electrical energy (capacity), and also objects of electric grid economy belonging to the network organizations and other persons to power networks" to exclude;

x) to state paragraph two of Item 129 in the following edition:

"At the same time scoping of consumption of electrical energy objects of electric grid economy of other owners is performed according to the procedure, established by the Section X of this document, and in case of non-presentation of indications, the double not admission for the purposes of conducting check or lack of metering devices on border of such objects of electric grid economy determination of amounts of consumption of electrical energy is performed according to the Section X of this document.";

v) state the Section X in the following edition:

"X. Rules of the organization of accounting of electrical energy in the retail markets

136. The guaranteeing suppliers and the network organizations provide commercial accounting of electrical energy (capacity) in the retail markets, including by acquisition, installation, replacement, the admission in operation of metering devices of electrical energy and (or) other equipment, and also intangible assets which are necessary for ensuring commercial accounting of electrical energy (capacity), and subsequent their operation, that number by means of intellectual systems of accounting of electrical energy (capacity):

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