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
According to the Federal Law "About Power Industry" Government of the Russian Federation decides:
1. Approve enclosed:
Basic provisions of functioning of the retail markets of electrical energy;
Rules of complete and (or) partial restriction of the mode of consumption of electrical energy;
changes which are made to acts of the Government of the Russian Federation concerning functioning of the retail markets of electrical energy.
2. Determine that:
a) this resolution is applied to the relations following from the public agreements which are earlier signed in the retail markets of electrical energy (further - the retail markets), regarding the rights and obligations which will arise after its introduction in force;
b) this resolution is applied when calculating obligations for sale and purchase of electrical energy (capacity) in the wholesale market of electrical energy (capacity) (further - the wholesale market) and the retail markets since April, 2012;
d) provisions of this resolution on points of contract supply of rendering services in transfer of electrical energy are applied to the conditions about accession points provided in earlier signed electrical power transmission agreements before reduction of such agreements in compliance with this resolution;
e) settlement methods, except settlement methods of determination of amounts of non-accounting and free-lance consumption of electrical energy, and procedure for their application, established by the Basic provisions of functioning of the retail markets of electrical energy approved by this resolution are applied since July 1, 2012, and till January 1, 2013 with 0,8 coefficient to the corresponding amount received as a result of application of settlement method;
e) development and deployment of the quality standards of consumer service (buyers) according to the requirements established by the Basic provisions of functioning of the retail markets of electrical energy approved by this resolution, and programs of actions for improvement of quality of consumer service (buyers) are performed by the guaranteeing suppliers till May 1, 2013;
g) the direction to consumers of services in transfer of electrical energy, and also to consumers (buyers) under the agreement of power supply of notifications on need of inclusion in the specified agreements of size of the maximum capacity of power receiving devices determined according to the Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services approved by the order of the Government of the Russian Federation of December 27, 2004 No. 861, is performed respectively by the network organizations and the guaranteeing suppliers in 2-month time;
h) information about the established Basic provisions of functioning of the retail markets of electrical energy approved by this resolution, the settlement methods which are subject to application in cases of lack of the metering device, not admission to the metering device for the purposes of carrying out control removal of its indications, conducting check of its condition and also in cases of failure to provide indications of metering devices and identifications of the facts of non-accounting and free-lance consumption of electrical energy is carried to consumers (buyers) in the invoices for payment of electrical energy (capacity) exposed till July 1, 2012, and also on the official sites of the guaranteeing suppliers on the Internet;
i) person who owns on the property right or on other legal cause object (part of object) for production of electrical energy (capacity) (including power plant), the specified in the paragraph one of Item 31 of Rules of the wholesale market of electrical energy and capacity approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172 "About approval of Rules of the wholesale market of electrical energy and capacity and about introduction of amendments to some acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity" and did not receive concerning power plant in general confirmation about non-proliferation of the requirement of the Federal Law "About Power Industry" on realization of all made electrical energy and capacity only in the wholesale market, had the right to implement all electrical energy made on such object (part of such object) only in the wholesale market;
j) control of observance by the guaranteeing suppliers of Rules of determination and application by the guaranteeing suppliers of the non-regulated prices of electrical energy (capacity) approved by the order of the Government of the Russian Federation of December 29, 2011 No. 1179, is performed by federal antimonopoly authority and executive bodies of subjects of the Russian Federation in the field of state regulation of rates according to the procedure, determined by the Government of the Russian Federation;
k) sales allowances of the guaranteeing suppliers in the form of formula for group (subgroups) "other consumers" are established for 2012 by executive bodies of subjects of the Russian Federation in the field of state regulation of rates in time which is not exceeding 2 months from the date of entry into force of methodical instructions, stipulated in Item 6 these resolutions.
3. The "Council for Organizing Efficient System of Trading at Wholesale and Retail Electricity and Capacity Market" non-profit partnership for the purpose of the organization and implementation of monitoring of price situation on wholesale and the retail markets requests from executive bodies of subjects of the Russian Federation, subjects wholesale and the retail markets information on price and volume indicators, and also on other sizes influencing change of price situation on wholesale and the retail markets.
The specified information is provided no later than 1 month from the date of receipt of the corresponding request.
The "Council for Organizing Efficient System of Trading at Wholesale and Retail Electricity and Capacity Market" non-profit partnership informs the federal executive bodies and executive bodies of subjects of the Russian Federation authorized in the field of control and supervision of activities of subjects wholesale and the retail markets on results of monitoring of price situation on wholesale and the retail markets.
4. To Federal Antimonopoly Service:
in coordination with the Ministry of Energy of the Russian Federation, Federal Tariff Service and the Ministry of Economic Development of the Russian Federation to develop and provide to the Government of the Russian Federation criteria of reference of the network organizations to the network organizations created based on network farms of industrial enterprises and other organizations and rendering services in transfer of electrical energy to such companies (organizations) in a month;
in coordination with the Ministry of Economic Development of the Russian Federation, Federal Tariff Service and the Ministry of Energy of the Russian Federation in 3 monthly time to develop approximate purchase and sale agreements of electrical energy (power supply) with consumers.
5. To Federal Tariff Service, the Ministry of Economic Development of the Russian Federation, the Ministry of Energy of the Russian Federation and Federal Antimonopoly Service in 3-month time to develop and provide to the Government of the Russian Federation offers on modification of regulatory legal acts on implementation of subjects of the Russian Federation by executive bodies in the field of state regulation of rates of control of observance by the guaranteeing suppliers of Rules of determination and application by the guaranteeing suppliers of the non-regulated prices of electrical energy (capacity).
6. To Federal Tariff Service in coordination with the Ministry of Economic Development of the Russian Federation, the Ministry of Energy of the Russian Federation and Federal Antimonopoly Service till August 1, 2012 to approve the methodical instructions for calculation of the sales allowance of the guaranteeing suppliers including determining procedure of payments of sales allowances in the form of formula for group (subgroups) "other consumers" proceeding from the extent of profitability of sales of the guaranteeing suppliers differentiated on groups (subgroups) of consumers, and parameters of activities of the guaranteeing suppliers and also the extent of profitability of sales of the guaranteeing suppliers.
7. To Federal Tariff Service in 3-month time to bring the regulatory legal acts into accord with this resolution.
8. To the Ministry of Energy of the Russian Federation in coordination with the Ministry of Economic Development of the Russian Federation:
in 4-month time to develop and approve methodical instructions for determination and application of coefficients of combination of maximum of consumption of electrical energy in case of determination of extent of loading entered after construction of facilities of electric grid economy;
in 6-month time to bring into accord with this resolution of the rule of development and application of schedules of emergency restriction of the mode of consumption of electrical energy and use of antiemergency automatic equipment.
9. To the Ministry of Economic Development of the Russian Federation, Federal Tariff Service, the Ministry of Energy of the Russian Federation, Federal Antimonopoly Service and the Ministry of Finance of the Russian Federation till January 1, 2013 to develop and provide projects of the regulatory legal acts concerning questions of the problem resolution of cross subsidizing in the retail markets to the Government of the Russian Federation.
10. To the Ministry of Energy of the Russian Federation, the Ministry of Economic Development of the Russian Federation, Federal Tariff Service and Federal Antimonopoly Service on the basis of the analysis of amounts of the reserved maximum capacity which are supported by the network organizations in consumer interests, and possible tariff effects from transition for payment of the specified size to prepare and provide to the Government of the Russian Federation till July 1, 2013 offers on introduction of amendments to the acts of the Government of the Russian Federation establishing features of cost determination of services in transfer of electrical energy taking into account payment of the reserved maximum capacity, the including transition terms for payment of the specified size.
11. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.
12. The paragraph the fifth Item 9 of Basic provisions of functioning of the retail markets of electrical energy approved by this resolution becomes effective after 1 year from the date of entry into force of this resolution.
Russian Prime Minister
V. Putin
Approved by the Order of the Government of the Russian Federation of May 4, 2012 No. 442
1. This document establishes the legal basis of functioning of the retail markets of electrical energy.
From the date of entry into force of the order of the Government of the Russian Federation of March 21, 2020 "About introduction of amendments to some acts of the Government of the Russian Federation concerning functioning of active energy complexes" till December 31, 2030 this document is applied No. 320 if other is not installed by application No. 5 to this document.
2. The concepts used hereunder mean the following:
"subjects of the retail markets" - participants of the relations on production, transfer, purchase and sale (delivery) and consumption of electrical energy (capacity) in the retail markets of electrical energy (further - the retail markets), and also on rendering services which are integral part of process of delivery of electrical energy to consumers;
"delivery point in the retail market" - the place of obligation fulfillment under agreements of power supply, purchase and sale (delivery) of electrical energy (capacity), rendering services in transfer of electrical energy and services which rendering is integral part of process of delivery of electrical energy to consumers, used for scoping of cross liabilities of subjects of the retail markets under the specified agreements, located if other is not established by the legislation of the Russian Federation on power industry, on border of balance sheet accessory of power receiving devices of the consumer, facilities for production of electrical energy (capacity) of the electric power producer (capacity), objects of electric grid economy of the network organization determined in documents on technology accession and before creation in accordance with the established procedure documents on technology accession - in point of connection of the power receiving device of the consumer (power generation facility) to objects of electric grid economy of the adjacent subject of power industry;
"consumer" - the consumer of electrical energy acquiring electrical energy (capacity) for own domestic and (or) production needs;
"buyer" - the buyer of electrical energy acquiring electrical energy (capacity) for the purpose of its sale and also the contractor of the utilities acquiring electrical energy (capacity) for the purpose of its use by provision of residential energy service, and also in case of absence centralized heat supplies and (or) hot water supply - for the purpose of its use by provision of utility on heating and (or) hot water supply (further - the contractor of utility);
"the electric power producer (capacities) in the retail market" - the owner or other legal owner of the facility for production of electrical energy (capacity) who is included into Power pool system of Russia, concerning whom in the wholesale market of electrical energy and capacity (further - the wholesale market) groups of points of delivery are not registered and which established generating capacity makes less than 25 MW or is equal or exceeds 25 MW and to whom the requirement of the legislation of the Russian Federation about power industry about realization of the made electrical energy (capacity) only in the wholesale market does not extend, with which use production of electrical energy (capacity) for the purpose of its sale in the retail market (non-proliferation of the requirement of the legislation of the Russian Federation on power industry about realization of the made electrical energy (capacity) only in the wholesale market proves to be true according to the Rules of the wholesale market of electrical energy and capacity approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172 (further - Rules of the wholesale market)), and also the owner or other legal owner of the facility for production of electrical energy (capacity) in technology isolated territorial electric utility systems and in the territories which are technology not connected with Power pool system of Russia and technology isolated territorial electric utility systems is performed.
For the purpose of application of this document in the territories combined in price and in not price zones of the wholesale market the subject of the retail markets corresponding to at the same time following conditions is also equated to the electric power producer (capacity) in the retail market within the sales amounts determined according to this document:
the subject of the retail markets owns on the property right or on 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 on other legal cause on which transfer of all amount or part of amount of the electrical energy consumed by the specified power receiving devices of such subject is performed;
concerning the specified facilities for production of electrical energy (capacity) and power receiving devices of such subject groups of points of delivery in the wholesale market are not registered;
the requirement of the legislation of the Russian Federation about power industry about realization of the made electrical energy (capacity) only in the wholesale market does not extend to the subject of the retail market regarding the specified facilities for production of electrical energy (capacity).
The subject of the retail market in technology isolated territorial electric utility systems and in the territories which are technology not connected with Power pool system of Russia and technology isolated territorial electric utility systems within the sales amounts determined according to this document is equated to the electric power producer (capacity) in the retail market if such subject owns on the property right or on 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 on other legal cause on which transfer of all amount or part of amount of the electrical energy consumed by the specified power receiving devices of such subject is performed;
"free-lance consumption of electrical energy" - unauthorized connection of power receiving devices to objects of electric grid economy and (or) consumption of electrical energy in the absence of the signed agreement providing sale of electrical energy (capacity) in the retail markets, consumption of electrical energy during suspension of delivery of electrical energy under the agreement providing sale of electrical energy (capacity) in the retail markets in connection with introduction of complete restriction of the mode of consumption of electrical energy in the cases provided by the Rules of complete and (or) partial restriction of the mode of consumption 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" (further - Rules of complete and (or) partial restriction of the mode of consumption of electrical energy). Free-lance consumption consumption of electrical energy in the absence of the signed agreement providing sale of electrical energy (capacity) in the retail markets is not recognized:
within 2 months from the date established for acceptance by the guaranteeing supplier on consumer service;
in the period of the conclusion of the specified agreement in case of the address of the consumer having intention to sign with the guaranteeing supplier the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity), behind the conclusion of such agreement in case of change of the owner of the power receiving device and in case of the conclusion of the agreement providing sale of electrical energy (capacity) in the retail markets before completion of technology connection of the power receiving devices on condition of adherence to deadlines established for provision to the guaranteeing supplier of the statement for the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity) (return to the guaranteeing supplier of the draft agreement (the protocol of disagreements, the supplementary agreement to the current agreement providing sale to the applicant of electrical energy (capacity) in the retail market) signed by the applicant.
"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.
The maximum capacity of power receiving devices of the consumer for the purposes of determination of its obligations in the retail market, and also for the purposes of its reference to subgroups of consumers including in case of application by the guaranteeing suppliers of the consumers of sales allowances differentiated on groups (subgroups), it is determined according to the Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services approved by the order of the Government of the Russian Federation of December 27, 2004 No. 861, About approval of Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services, Rules of non-discriminatory access to services in supervisory control in power industry and rendering these services Rules of non-discriminatory access to services of Trading System Administrator of the wholesale market and rendering these services and Rules of technology connection 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" (further - Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services), within borders of balance sheet accessory concerning the power receiving device belonging on the property right or on other legal cause to the consumer and if the consumer has several power receiving devices having among themselves electric communications through the objects of electric grid economy belonging to the consumer for these purposes the maximum capacity is determined according to the specified Rules concerning such set of power receiving devices.
Hereunder:
separate parts of price zones of the wholesale market for which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets, are the territories provided by appendix No. 3 to the Rules of the wholesale market of electrical energy and capacity approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172 "About approval of Rules of the wholesale market of electrical energy and capacity and about introduction of amendments to some acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity";
the separate parts of price zones of the wholesale market which were earlier relating to technology isolated territorial electric utility systems for which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets are the territories provided by appendix No. 4 to the Rules of the wholesale market of electrical energy and capacity approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172 "About approval of Rules of the wholesale market of electrical energy and capacity and about introduction of amendments to some acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity".
Other concepts used hereunder have the values determined by the Federal Law "About Power Industry", other Federal Laws and regulatory legal acts of the Russian Federation.
3. Subjects of the retail markets are:
consumers;
contractors of utility;
the guaranteeing suppliers;
the power sales, power supplying organizations;
electric power producers (capacities) in the retail markets;
systemically important territorial network organizations and other network organizations;
the subject of supervisory control in power industry exercising supervisory control in power industry in the retail markets - the system operator of electric utility systems of Russia (further - the system operator, the subject of supervisory control);
aggregators of management of change of the mode of consumption of electrical energy.
4. If the organization - the subject of the retail market combines activities for production of electrical energy (capacity) with activities for its sale and (or) in the cases established by the legislation of the Russian Federation on power industry combines sales activity of electrical energy (capacity) with activities for its transfer (the power supplying organization), this document in the part regulating the corresponding type of activity is applied to the relations of such organization connected with implementation of each of the specified types of activity. The power supplying organization to which networks power receiving devices concerning which with it it is terminated the agreement of power supply are attached shall sign according to the statement of person who addressed it the electrical power transmission agreement with it concerning such power receiving devices.
The guaranteeing suppliers, the power sales (power supplying) organizations, electric power producers (capacities) in the retail markets in the relations on purchase and sale of electrical energy (capacity) in the retail markets can act both as sellers of electrical energy, and buyers.
Electric power producers (capacities) in the retail markets in cases of acquisition of electrical energy (capacity) by them for own production needs act as consumers.
The network organizations acquire electrical energy (capacity) in the retail markets for own (economic) needs and for the purpose of compensation of losses of electrical energy in the objects of electric grid economy belonging to them on the property right or on other legal cause. In this case the network organizations act as consumers.
Other owners of objects of electric grid economy acquire electrical energy (capacity) for the purpose of compensation of the losses of electrical energy arising in the objects of electric grid economy belonging to them on the property right or on other legal cause and act in this case as consumers.
5. In the territories of the subjects of the Russian Federation united in price zones of the wholesale market, the electrical energy (capacity) is on sale in the following procedure:
the electrical energy (capacity), except for sales of electrical energy (capacity) to the population and categories of consumers equated to it, is on sale the guaranteeing suppliers at the non-regulated prices within limits of the non-regulated prices determined and applied according to this document, and the power sales (power supplying) organizations - at the free non-regulated prices;
the electrical energy (capacity) in the retail markets including made on the renewable energy resources functioning on the basis of use the qualified generating objects (further - the qualified generating objects), is on sale the electric power producer (capacity) in the retail market at the free non-regulated prices, the cases of sale of electrical energy (capacity) made on the qualified generating objects, to the network organizations for the purpose of compensation of losses of electrical energy in the objects of electric grid economy belonging to them on the property right or on other legal cause except for specified in Item 65.1 of this document;
delivery of electrical energy (capacity) to the population and categories of consumers equated to it, and also delivery of electrical energy (capacity) made on the qualified generating objects for the first time included in the scheme and the development program of subjects of the Russian Federation till May 1, 2021 (except for the qualified generating objects which are selected by results of the competitive selections made according to Rules of development and approval of the schemes and programs of perspective development of power industry approved by the order of the Government of the Russian Federation of October 17, 2009 No. 823 "About schemes and programs of perspective development of power industry" (further - Rules of development and approval of schemes and programs of perspective development of power industry) after December 31, 2020), to the network organizations determined in Item 65.1 of this document is performed at regulated prices (rates), the established executive body of the subject of the Russian Federation in the field of state regulation of rates;
the electrical energy (capacity) made on objects of microgeneration is on sale to the guaranteeing supplier at non-regulated and regulated prices (rates) in the procedure established by the this document;
delivery of electrical energy (capacity) made on the qualified generating objects which are selected according to Rules of development and approval of schemes and programs of perspective development of power industry after December 31, 2020, and since January 1, 2023 - also selected by results of the competitive selections made according to the Section XV of this document is performed at the prices determined in the agreements signed with such network organizations according to Item 65 (1.2) this documents.
In the territories of the subjects of the Russian Federation not united in price zones of the wholesale market, the electrical energy (capacity), except as specified, established by this document, is on sale at regulated prices (rates) in the procedure established by the this document.
In the territories not united in price and not price zones of the wholesale market, sale of electrical energy (capacity) according to the bilateral agreements of purchase and sale of electrical energy (capacity) specified in the paragraph the second Item 116 of this document is performed at the free (non-regulated) prices.
6. Consumers (buyers) participating in the field of the address of electrical energy in the retail markets having the right to acquire electrical energy according to the procedure, determined by this document, the guaranteeing suppliers, the power sales (power supplying) organizations, electric power producers have (capacities) in the retail markets.
Electric power producers (capacities) which are not subjects of the retail markets, the electrical energy (capacity) which sale in accordance with the legislation of the Russian Federation about power industry is possible only in the wholesale market having no right to sell in the retail markets.
The power sales (power supplying) organizations, except as specified, specified in Item 58 of this document, buy electrical energy (capacity) on wholesale or the retail markets with use of the same points of delivery in which they perform sale of electrical energy (capacity) in the retail market to the serviced consumers (buyers).
Consumers render services in change of the mode of consumption of electrical energy based on the agreements of rendering services in change of the mode of consumption of electrical energy signed with aggregators of management of change of the mode of consumption of electrical energy. Under the agreement of rendering services in change of the mode of consumption of electrical energy the consumer shall perform complex organizationally and (or) technology connected actions aimed at providing readiness for change of the mode of consumption of electrical energy of subject to regulation of consumption of electrical energy of the consumer of the retail market and also is direct on change of the mode of consumption of electrical energy of such object during required period of time in the established agreement amount, and the aggregator of management of change of the mode of consumption of electrical energy shall accept and pay the rendered services.
The agreements signed with violation of the requirements to their conclusion established by the this document and (or) the containing conditions not corresponding to the this document can be acknowledged invalid completely or in any part according to the civil legislation of the Russian Federation.
7. The subjects of power industry providing electric power supply to consumers, including the power sales (power supplying) organizations, the guaranteeing suppliers, the network organizations and other owners and legal owners of objects of electric grid economy, and also owners and other legal owners of facilities for production of electrical energy (capacity), subjects of supervisory control in power industry in course of execution of the obligations under the agreements signed by them in the wholesale market and the retail markets provide with collateral actions in the retail markets reliability of supply of consumers and quality of electrical energy. Requirements to ensuring reliability of supply of consumers with electrical energy and its quality are established by the Rules of technology functioning of electric utility systems approved by the order of the Government of the Russian Federation of August 13, 2018 No. 937 "About approval of Rules of technology functioning of electric utility systems and about introduction of amendments to some acts of the Government of the Russian Federation", Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services and the regulatory legal acts of the Ministry of Energy of the Russian Federation containing the requirements specified in Item 1 of the order of the Government of the Russian Federation of March 2, 2017 to No. 244 "About enhancement of requirements to ensuring reliability and safety of electric utility systems and power generation facilities and introduction of amendments to some acts of the Government of the Russian Federation".
Consumers shall organize and perform operation of the electroinstallations belonging to them according to requirements of documents, the specified in paragraph one of this Item, including User Rules for Operating Electrical Equipment of electrical energy approved by the Ministry of Energy of the Russian Federation according to the order of the Government of the Russian Federation of August 13, 2018 No. 937 "About approval of Rules of technology functioning of electric utility systems and about introduction of amendments to some acts of the Government of the Russian Federation" and also within the obligations on accomplishment of the mandatory requirements established by regulatory legal acts of the Government of the Russian Federation and the federal executive bodies authorized by it, requirements of specifications for technology accession to power networks and obligations under the agreements signed by them when implementing the activities to provide observance of parameters of reliability of supply of consumers with electrical energy and its qualities caused by work of the power generation facilities and power receiving devices belonging to them.
The subjects of power industry specified in paragraph one of this Item bear responsibility for violation of requirements to ensuring reliability of supply of consumers with electrical energy and its qualities within the obligations in accordance with the terms, specified in the agreements signed by them, except as specified, if such violations are caused only by operation of power receiving devices of the consumer of electrical energy in case of failure to carry out by it of the obligations and (or) mandatory requirements to ensuring reliability and safety in the field of power industry and quality of electrical energy.
Responsibility of subjects of power industry to contractors and consumers of residential energy service for restriction of the mode of consumption of electrical energy over admissible number of hours of restriction of variation of indicators of reliability of supply of consumers with electrical energy and its qualities is determined by the Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses approved by the order of the Government of the Russian Federation of May 6, 2011 No. 354 "About provision of utilities to owners and users of rooms in apartment houses and apartment houses".
7(1). In case of violation of requirements to ensuring reliability of supply of consumers with electrical energy and its quality consumers have the right to address the network organization with which such consumers sign electrical power transmission agreements, or to the guaranteeing supplier (the power sales (power supplying) organization) with whom the agreements of power supply or agreements containing regulations on provision of residential energy service are signed.
The appeal is sent through the official site of the guaranteeing supplier (the power sales (power supplying) organization) or the network organization to Internet networks, personal accounts or the different way allowing to confirm the fact of its obtaining.
The guaranteeing suppliers (the power sales (power supplying) organizations) and the network organizations shall provide acceptance of addresses of the consumers of electrical energy connected with violation of requirements to ensuring reliability of supply of consumers with electrical energy and its qualities.
The address of the consumer of electrical energy connected with violation of requirements to ensuring reliability of supply of consumers with electrical energy and its qualities, without fail shall contain:
for consumers of electrical energy - physical persons - surname, name, middle name (in the presence) and the residence, birth date and birth place of the citizen, series and document number proving the identity;
for consumers of electrical energy - legal entities - the complete and reduced (in the presence) name;
power supply agreement number (personal account of physical person), the agreement containing regulations on provision of residential energy service (personal account of physical person), the electrical power transmission agreement;
power receiving device address;
time of violation of requirements to ensuring reliability of electric power supply and its quality;
details and contact information of consumers of electrical energy (phone number, e-mail address);
preferable method of receipt of the answer (through personal account, by e-mail, transfer to the consumer of electrical energy of short text messages, and also by means of realization of the different ways provided by the agreement of power supply, the agreement containing regulations on provision of residential energy service, the electrical power transmission agreement);
consumer requirements.
In case of need in confirmation of the arguments consumers of electrical energy attach documents and materials or their copies to the address.
In case of obtaining by the guaranteeing supplier (the power sales (power supplying) organization) of the address of the consumer of electrical energy connected with violation of requirements to ensuring reliability of electric power supply and its quality, the copy of such address, and also documents attached to it in the form of electronic documents or electronic images of documents (the paper documents transformed to electronic form by scanning with preserving their details), signed (certified) by the strengthened qualified digital signature of the authorized person of the guaranteeing supplier (the power sales (power supplying) organization), within 2 working days after their obtaining go the network organization with which the electrical power transmission agreement for the benefit of such consumer is signed.
Based on the arrived address of the consumer of electrical energy the guaranteeing supplier (the power sales (power supplying) organization) and the network organization within 15 working days from the date of receipt of the address of the consumer of electrical energy perform the facts stated in the address.
The network organization, including (if necessary) with participation of other network organizations which objects of electric grid economy are used in the course of transfer of electrical energy for needs of power receiving devices of the consumer of electrical energy in case of receipt of the address of the consumer of electrical energy including received from the guaranteeing supplier (the power sales (power supplying) organization) performs check on the facts stated in the corresponding address and no later than one working day from the date of the expiration specified in the paragraph the fourteenth this Item sends to the consumer or the guaranteeing supplier (the power sales (power supplying) organization) the answer to the address, containing the decision on satisfaction of consumer requirements in connection with recognition of the fact of violation of requirements to ensuring reliability of electric power supply and its quality or the motivated decision on refusal in satisfaction of consumer requirements due to the lack of such fact.
The guaranteeing supplier (the power sales (power supplying) organization) directs the pertinent answer of the address of the specified consumer according to the preferable method of receipt of the answer specified in its address no later than 2 working days from the date of receipt of the answer from the network organization.
7(2). In case of adoption by the Government of the Russian Federation of the decision on prohibition on implementation of mining of digital currency (including participation in mining-pools) in certain subjects of the Russian Federation or in their separate territories the authorized body of the subject of the Russian Federation within 3 working days after day of official publication of the specified decision informs consumers whose power receiving devices are located in the specified territories, by publication of information on introduction of such prohibition with indication of the territories in which such ban, in the official printing publication in which legal acts of public authorities of appropriate subject of the Russian Federation are published (further - the official printing publication), and in electronic means of distribution of information is imposed (including with use of Internet network).
8. The actions which are subject according to this document to execution by subjects of the retail markets including actions for input of metering devices in operation, on installation of seals and (or) signs of visual inspection upon completion of metering device entry procedure in operation, on removal and provision of indications of metering devices, are made by them without collection of payment for their making if other is directly not established hereunder.
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.
9. The organization having the status of the guaranteeing supplier performs activities as the guaranteeing supplier before assignment of the status of the guaranteeing supplier in the corresponding zone of activities of other organization according to the procedure, determined in the Section XI of this document.
The guaranteeing supplier shall:
sign according to the Section III of this document the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) with any physical person or legal entity which addressed it concerning the power receiving devices located in borders of zone of activities of the guaranteeing supplier and also on the bases and according to the procedure which are established in this Section, to accept on servicing of any consumer which power receiving devices are located in borders of zone of activities of the guaranteeing supplier, in the absence of the address of the consumer;
according to the procedure, established in the Section III of this document to determine following the results of each settlement period sales amounts of electrical energy (capacity) by the purchase and sale agreements (delivery) of electrical energy (capacity) signed by electric power producers (capacity) in the retail markets with consumers the power sales (power supplying) organizations and (or) with the guaranteeing supplier specified in this paragraph, concerning the power receiving devices located in borders of zone of activities of the guaranteeing supplier in which points of delivery of electric power producers (capacity) in which according to the specified agreements obligations on delivery of electrical energy (capacity) by such producers, and according to purchase and sale agreements (delivery) of electrical energy (capacity) for the purpose of compensation of losses of electrical energy are fulfilled are also located concluded by electric power producers (capacity) in the retail markets with the network organizations concerning the objects of electric grid economy located in borders of zone of activities of the guaranteeing supplier in which points of delivery of electric power producers (capacity) in which according to the specified agreements obligations on delivery of electrical energy (capacity) by such producers are fulfilled are also located and also to perform concerning such power receiving devices and objects of electric grid economy sale of electrical energy (capacity) in the amount which is not provided with sale under the specified agreements;
observe requirements, stipulated in Item the 11th this document;
support indicators of financial condition according to appendix No. 1;
to properly fulfill obligations to consumers (buyers), suppliers of electrical energy (capacity) in the wholesale market and in the retail markets, the network organizations, the subject of supervisory control, the organizations of commercial infrastructure of the wholesale market;
Paragraph of the eighth ceased to be valid
provide 1 time in calendar year in written and electronic type in executive body of the subject of the Russian Federation in the field of state regulation of rates in the territory of which the zone of activities of the guaranteeing supplier is located, or in other executive body of such subject of the Russian Federation authorized on participation in replacement of the guaranteeing suppliers (further - authorized body of the subject of the Russian Federation), and the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of fuel and energy complex (further - authorized federal body), consumer information in forms according to appendix No. 2. The specified information can be also provided in authorized body of the subject of the Russian Federation in electronic form, providing protection against change (amendment) of data, with the letter signed by the head or other authorized person of the guaranteeing supplier;
represent to authorized body of the subject of the Russian Federation no later than 40 days after the reporting period accounting (financial) records for the I quarter, for the first half of the year and in 9 months, no later than 100 days after the termination of accounting year - annual accounting (financial) accounts (with mark of tax authority) and measure calculation of financial condition according to appendix No. 1 to this document. The specified documents shall be signed by the head and are certified by seal the guaranteeing supplier (in the presence of seal). Reliability of annual accounting (financial) accounts shall be confirmed with the audit opinion about it represented to authorized body of the subject of the Russian Federation no later than June 1 of the year following for reporting if such reporting is subject to statutory audit in accordance with the legislation of the Russian Federation.
9(1). The authorized body of the subject of the Russian Federation receives annual accounting (financial) accounts of the guaranteeing supplier and audit opinion about it from the state information resource of accounting (financial) records, the stipulated in Article 18 Federal Laws "About Financial Accounting", with use of single system of interdepartmental electronic interaction. The guaranteeing supplier represents to authorized body of the subject of the Russian Federation the annual accounting (financial) accounts and audit opinion about it specified in paragraph ten of Item 9 of this document if these documents are absent in the state information resource of accounting (financial) records.
10. The guaranteeing supplier for the purpose of ensuring high-quality and timely consumer service (buyers) shall implement:
the quality standards of consumer service (buyers) meeting stipulated in Item to the 11th this document the requirements;
programs of actions for improvement of quality of consumer service (buyers).
The guaranteeing supplier annually, since 2024, in the I quarter of the year following for expired year, publishes on the official site in the Internet (further - Internet network) the list of the actions included in the program of actions for improvement of quality of consumer service (buyers) and executed in the expired year (or specifying on their absence), and also the following information for the expired year (if technically possible on collection and processing of such information):
the number of addresses, claims and claims to actions of the guaranteeing supplier;
average for calendar month waiting time of consumers (buyers) in queue prior to internal and (or) correspondence servicing by the employee of the center of consumers (buyers);
average for calendar month holding time employees of the center of consumers (buyers) internally and (or) on channels of the correspondence servicing;
working hours of channels of the correspondence servicing within year.
11. Servicing by the guaranteeing supplier of consumers (buyers) is performed according to the following requirements:
implementation of development, placement and publication of developed forms of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) according to requirements of Item 33 of this document, forms of purchase and sale agreements of the electrical energy made on the objects of microgeneration located in zone of activities of the guaranteeing supplier according to requirements of Item 65 (3) this document;
the conclusion with the consumer (buyer) of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) according to the Section III of this document;
availability and functioning of the centers of internal consumer service (buyers) (servicing by means of personal contact with employees of the organization), and also implementation of the correspondence consumer service (buyers) (servicing by means of impersonal contact with employees of the organization, including by phone, with use of mail service, systems of video conferencing (in the presence of the corresponding equipment and technical capability) or through Internet network), and also ensuring availability free telephone or telecommunication channels between the guaranteeing supplier and consumers;
removal and acceptance of indications of metering devices, and also ensuring acceptance of indications of metering devices from consumers (buyers) by the methods allowing possibility of remote transfer of data on indications of metering devices (phone, Internet network, etc.), according to the procedure, provided by the Section X of this document;
ensuring exposure of electrical energy to the consumer (buyer) of invoices for payment with the methods allowing possibility of their remote transfer (mail, Internet network, etc.);
providing to the consumer (buyer) of possibility of introduction of payment under the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) by different methods including which is directly guaranteeing to the supplier without payment of the commission;
the organization of service of acceptance of addresses of consumers (buyers) for delivery of low-quality electrical energy or the termination of delivery of electrical energy, and also the notification of consumers (buyers) about the reasons of delivery of low-quality electrical energy or the termination of delivery of electrical energy and about the planned terms of elimination of the specified violations;
the organization of acceptance of others, the addresses of consumers (buyers) which are not specified in paragraph eight of this Item to the guaranteeing supplier in writing or orally, including by means of telephone communication, Internet network, e-mail, and also prompt response on them in essence with possibility of the solution of question of the consumer (buyer) for 1 address;
provision to consumers (buyers) by placement in the centers of internal servicing and on the official site in Internet network, and also at the request of the consumer (buyer) of the following information:
the documents necessary for the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)), procedure for its conclusion, and also procedure for receipt of information on condition of process of the conclusion of the agreement with the consumer (buyer);
the forms of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) developed and placed by the guaranteeing supplier according to Item 33 of this document and also the forms of purchase and sale agreements of the electrical energy made on the objects of microgeneration located in zone of activities of the guaranteeing supplier, developed and placed according to requirements of Item 65 (3) this document;
the quality standards of consumer service (buyers) and change of the specified standards developed and implemented by the guaranteeing supplier;
addresses of places, methods, procedure and conditions of introduction of payments on the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity), including without payment of the commission;
procedure and conditions of acceptance of indications of metering devices and effect of inactivation of metering devices or lack of metering devices;
possible effects of violation of obligations on payment of electrical energy in the form of introduction of complete and (or) partial restriction of the mode of consumption of electrical energy, and at the request of the consumer - the size of debt on payment of electrical energy;
size and procedure of payments of cost of electrical energy, applicable fares and privileges;
the schedule and procedure for consumer service (buyers) in the centers of internal consumer service (buyers), addresses and phones (in the presence) the centers of internal servicing, category of consumers which are serviced in the specific center of internal servicing, information on the channels of the correspondence servicing provided to consumers (buyers) and the mode of their work;
procedure for submission of addresses, claims and claims to actions of the guaranteeing supplier;
others, most the frequently asked questions arising at consumers (buyers) and answers to them.
In the course of the correspondence consumer service (buyers) through Internet network the guaranteeing supplier has the right to organize remote provision (acceptance) of documents, data, addresses, the conclusion of agreements between the guaranteeing supplier and consumers (buyers) through separate Sections on the official site of the guaranteeing supplier in Internet network and (or) in official software of the guaranteeing supplier for the user equipment which are understood as the software of the guaranteeing supplier applied by the guaranteeing supplier to exchange of information electronically between the consumer (buyer) and the guaranteeing supplier with use of the technical device (the mobile phone, the smartphone or the computer, including the tablet computer) connected to Internet network (further respectively - personal account of the consumer, mobile application of the guaranteeing supplier).
The guaranteeing supplier and the consumer (buyer) - the legal entity or the individual entrepreneur in case of exchange of information electronically and the conclusion of agreements sign documents electronically with use of the strengthened qualified digital signature, and the consumer - physical person signs documents electronically the simple digital signature or by agreement of the parties other types of the digital signature including strengthened by the unqualified digital signature of physical person which certificate of key of check is created and is used in the infrastructure providing information and technology interaction of the information systems used for provision of the state and municipal services electronically.
When using by the consumer - physical person of the simple digital signature:
information electronically signed by the simple digital signature is recognized the electronic document, equivalent to the paper document signed by the sign manual;
determination of person signing the electronic document with use of the simple digital signature, and verification of the simple digital signature are performed according to order of registration, identifications, authentications and authorizations of users in information system of the guaranteeing supplier established by the guaranteeing supplier and posted in open access on the official site of the guaranteeing supplier to Internet networks or in mobile application of the guaranteeing supplier.
The guaranteeing supplier creating key of the simple digital signature and the consumer - the physical person using key of the simple digital signature shall observe its confidentiality.
Access for the consumer (buyer) to personal account of the consumer and mobile application of the guaranteeing supplier can be performed with use of the federal state information system "Single System of Identification and Authentication in the Infrastructure Providing Information and Technology Interaction of the Information Systems Used for Provision of the State and Municipal Services Electronically" (further - single system of identification and authentication) in case of accession of information system of the guaranteeing supplier to the infrastructure providing information and technology interaction of the information systems used for provision of the state and municipal services and execution of the state and municipal functions electronically, according to the procedure, established by Rules of accession of information systems of the organizations to infrastructure, providing information and technology interaction of the information systems used for provision of the state and municipal services and execution of the state and municipal functions electronically, approved by the order of the Government of the Russian Federation of December 22, 2012 No. 1382 "About accession of information systems of the organizations to the infrastructure providing information and technology interaction of the information systems used for provision of the state and municipal services and execution of the state and municipal functions electronically".
The consumer (buyer) when passing procedures of identification and authentication in information system of the guaranteeing supplier with use of single system of identification and authentication for the purpose of the proper organization by the guaranteeing supplier of the correspondence consumer service (buyers) through Internet network and execution of agreements of power supply (purchase and sale (delivery) of electrical energy (capacity) has the right to provide in case of identification consent expressed with use of single system of identification and authentication to obtaining by the guaranteeing supplier from single system of identification and authentication of information on regarding data on surname, name, middle name (in the presence), birth date and birth place of physical person, its registration at the place of residence, the insurance number of the individual ledger account in system of mandatory pension insurance, identification taxpayer number, series, number and date of issue of the document, proving the identity in accordance with the legislation of the Russian Federation.
12. The guaranteeing supplier sells in the retail market electrical energy (capacity) acquired by it in the wholesale market with use of group (groups) of points of the delivery corresponding to its zone of activities (except for the guaranteeing suppliers whose zone of activities is located in technology isolated territorial electric utility systems, and also in the territories which are technology not connected with Power pool system of Russia and technology isolated territorial electric utility systems), and also in the cases provided by the this document at electric power producers is (capacities) in the retail markets, the power sales (power supplying) organizations in the retail market.
13. The guaranteeing supplier functioning in the territory of the subject of the Russian Federation entering in price or not price zone of the wholesale market before start date of its participation in trade in electrical energy and capacity in the wholesale market with use of groups of the points of delivery corresponding to borders of its zone of activities as the guaranteeing supplier or before date of inclusion according to Item 229 of this document of zone of its activities as the guaranteeing supplier concerning which it does not perform purchase of electrical energy (capacity) in the wholesale market in zone of activities of the guaranteeing supplier - the participant of the wholesale market functioning in the territory of the same subject of the Russian Federation acquires electrical energy (capacity) at the specified guaranteeing supplier - the participant of the wholesale market.
14. The guaranteeing supplier shall make actions for acceptance on consumer service which power receiving devices are located in borders of zone of its activities, in the absence of their addresses in the cases established in this Section.
15. Acceptance by the organization having the status of the guaranteeing supplier on consumer service which power receiving devices are located in borders of its zone of activities as the guaranteeing supplier in the absence of addresses of the specified consumers is performed in the following cases:
assignment of the specified organization of the status of the guaranteeing supplier;
change according to this document of borders of zones of activities of the guaranteeing supplier with inclusion in its zone of activities of the territory corresponding to all zone of activities of other guaranteeing supplier or its part;
acceptance by the power sales (power supplying) organization of the decision on its liquidation or about the termination of sales activity of electrical energy (capacity) by it to consumers. The specified organization shall notify on the made decision authorized body of the subject of the Russian Federation within 5 working days from the date of adoption of such decision with indication of expected date of liquidation or date of the termination of sales activity of electrical energy (capacity) which cannot come before 2 months from the date of the proper notice of authorized body of the subject of the Russian Federation about this method allowing to confirm receipt of the specified notification;
recognition by the bankrupt of the power sales (power supplying) organization and the beginning of the procedure of bankruptcy proceedings. The specified organization notifies authorized body of the subject of the Russian Federation on recognition by her bankrupt within 5 working days from the date of adoption of the relevant decision by Arbitration Court by the method allowing to confirm receipt of the specified notification;
acceptance by Market Council according to Rules of the wholesale market of the decision on exception of the power sales (power supplying) organization of the register of subjects of the wholesale market and (or) the termination of delivery (purchase) of electrical energy and capacity in the wholesale market in the corresponding group of points of delivery if the power sales (power supplying) organization does not provide acquisition of the corresponding amount of electric power in the retail market. In this case Market Council within 3 working days from the date of adoption of the relevant decision notifies on it authorized body of the subject of the Russian Federation and authorized federal body, the method allowing to confirm receipt of the specified notification;
non-execution or improper execution by the power sales (power supplying) organization, the contractor of utilities of obligations on payment of electrical energy (capacity) in the retail market and (or) services in transfer of electrical energy if such non-execution or improper execution attracts in accordance with the terms of the agreement refusal unilaterally of the guaranteeing supplier and (or) the network organization from agreement performance completely. The organization before which are not performed or inadequate image obligations are fulfilled, notifies authorized body of the subject of the Russian Federation on approach of the specified event by the direction of the documents confirming non-execution or improper execution by the power sales (power supplying) organization, the contractor of utilities of obligations on payment of electrical energy (capacity) and (or) services in transfer of electrical energy (settlement reconciliation statements and (or) the judgments which took legal effect), with the method allowing to confirm receipt of the specified notification;
refusal of the guaranteeing supplier according to Items 53 and 106 of this document from the power supply agreement performance (purchase and sale (delivery) of electrical energy (capacity)) concluded with the power sales (power supplying) organization or the contractor of utilities. In this case the guaranteeing supplier notifies on it authorized body of the subject of the Russian Federation by the method allowing to confirm receipt of the specified notification no later than 2 working days from the date of the direction it to the power sales (power supplying) organization or the contractor of utilities of the notification according to Item 53 of this document;
The paragraph the ninth ceased to be valid according to the Order of the Government of the Russian Federation of 07.07.2017 No. 810
16. The authorized body of the subject of the Russian Federation no later than 5 working days from the date of when he knew of approach of circumstances, stipulated in Item the 15th this document, publishes in the official printing publication and places in electronic means of distribution of information (including with use of Internet network) the following data:
for the cases specified in paragraphs second and third Item 15 of this document - information on the organization which lost the status of the guaranteeing supplier or on the guaranteeing supplier, all or part of zone of activities of which joins in zone of activities of other guaranteeing supplier, and for cases, the specified in paragraphs four - the ninth Item 15 of this document, - the circumstances specifying impossibility for the power sales (power supplying) organization to perform further electric power supply to consumers;
the name and payment details of the guaranteeing supplier obliged to accept on consumer service which power receiving devices are located in borders of zone of its activities;
the date and time established for acceptance by the guaranteeing supplier on consumer service. The specified date and time cannot precede day of publication by authorized body of the subject of the Russian Federation of the data specified in this Item and to be later than 30 days from the date of when the authorized body of the subject of the Russian Federation knew of approach of the circumstances provided by paragraphs the fourth - the eighth Item 15 of this document. The specified date and time for the cases specified in paragraphs second and third Item 15 of this document are determined by date of assignment of the status of the guaranteeing supplier of the new organization or date of inclusion in zone of activities of the guaranteeing supplier of all or parts of zone of activities of other guaranteeing supplier;
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;
the term no later than which by consumers the agreements providing sale of electrical energy (capacity) shall be signed with condition about sale of electrical energy (capacity) to them since the date and time specified according to the paragraph to the fourth this Item and also the effects specified in Item 26 of this document coming if such agreements will not be signed.
17. The authorized body of the subject of the Russian Federation within 5 working days from the date of when he knew of approach of circumstances, stipulated in Item the 15th this document, informs on the forthcoming acceptance by the guaranteeing supplier on consumer service with indication of the date established for such acceptance, the following persons:
paragraph two of ceased to be valid;
the power sales (power supplying) organization or the contractor of utilities for which the 15th came stipulated in Item this document of circumstance, or the organization which lost the status of the guaranteeing supplier, or the guaranteeing supplier all zone of activities or part of zone of activities of which joins in zone of activities of other guaranteeing supplier;
the guaranteeing supplier who shall accept on consumer service;
all network organizations rendering services in transfer of electrical energy of the power sales (power supplying) organization or the guaranteeing supplier for whom there came the circumstances specified in Item 15 of this document, or the supplier serviced by such organization or guaranteeing to consumers of electrical energy, and also all network organizations to which objects of electric grid economy power receiving devices of the consumers serviced specified by the power sales (power supplying) organization or the guaranteeing supplier are technology attached;
Market Council and the organization of commercial infrastructure of the wholesale market if the power sales (power supplying) organization or the guaranteeing supplier for whom there came the circumstances specified in Item 15 of this document is subject of the wholesale market.
The authorized body of the subject of the Russian Federation within 5 working days from the date of when he knew of approach of the case provided by the paragraph the second Item 15 of this document informs also on the forthcoming acceptance by the guaranteeing supplier on consumer service with indication of the date established for such acceptance, authorized federal body.
18. Ceased to be valid according to the Order of the Government of the Russian Federation of 30.12.2012 No. 1482
19. The power sales (power supplying) organization or the contractor of utilities for which the 15th came stipulated in Item this document of circumstance or the organization which lost the status of the guaranteeing supplier or the guaranteeing supplier whose part of zone of activities joins in zone of activities of other guaranteeing supplier, no later than 5 working days from the date of receipt of the notification, the stipulated in Item 17th this document, sends to authorized body of the subject of the Russian Federation up-to-date information in the forms provided by appendix No. 2 to this document of the serviced consumers, and also information on the available debt of consumers for the delivered electrical energy (capacity) and on collection points for payments from citizens.
The authorized body of the subject of the Russian Federation within 5 working days from the date of receipt of information specified in this Item sends the acquired information to the guaranteeing supplier who should accept on consumer service.
20. The guaranteeing supplier who should accept on consumer service no later than 11 working days from the date of receipt of the notification, the stipulated in Item 17th this document, sends to collection points for payments from citizens, including credit institutions and departments of mail service, for placement:
copies of the notification received from authorized body of the subject of the Russian Federation;
forms of payment documents with indication of details for payment from the established acceptance date in the guaranteeing supplier on consumer service.
Consumers of residential energy service who according to the Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses approved by the order of the Government of the Russian Federation of May 6, 2011 No. 354, are not on servicing at contractors of utilities on behalf of management companies, condominiums or housing cooperatives or other specialized consumer cooperatives are accepted on servicing by the guaranteeing supplier from the date established for such acceptance of the subject of the Russian Federation by authorized body and bring payment for the electrical energy consumed from this date to the guaranteeing supplier. The relevant agreements with the specified consumers of utility of electric utility service, including for lack of their written form, consist according to the housing legislation of the Russian Federation.
21. To consumers except for of citizens the guaranteeing supplier no later than 20 working days from the date of receipt of the notification, the stipulated in Item 17th this document, directs offers on the conclusion with it no later than 2 months from the date established according to the paragraph the fourth Item 16 of this document, the agreement of power supply or the purchase and sale agreement (delivery) of electrical energy (capacity) with condition about the beginning of execution of such agreement from the date and time established according to the paragraph the fourth Item 16 of this document.
In such proposal of the guaranteeing supplier the consumer's obligation in case of adoption of the proposal of the guaranteeing supplier on the conclusion of the agreement with it also shall be specified to pay to the guaranteeing supplier electrical energy (capacity) and the corresponding services in accordance with the terms, specified in this Item, and in case of adoption of the proposal of the guaranteeing supplier on the conclusion of the purchase and sale agreement (delivery) of electrical energy (capacity) - also obligation of the consumer to sign the electrical power transmission agreement with it.
In case of adoption of the offer on the conclusion with the guaranteeing supplier of the agreement of power supply the consumer shall pay to the guaranteeing supplier electrical energy (capacity) and the corresponding services consumed from the date and time established according to the paragraph the fourth Item 16 of this document.
In case of adoption of the proposal of the guaranteeing supplier on the conclusion of the purchase and sale agreement (delivery) of electrical energy (capacity) the consumer shall no later than 2 months from the date established according to the paragraph the fourth Item 16 of this document sign the electrical power transmission agreement with condition about the beginning of execution of such agreement from the date and time established according to the paragraph the fourth Item 16 of this document and also to pay to the guaranteeing supplier electrical energy and the corresponding services, except for services in transfer of electrical energy, consumed from the date and time established according to the paragraph the fourth Item 16 of this document.
22. In case of failure to carry out by the subject of the retail markets of Item 16 of this document of the requirement about removal and transfer of indications of metering devices specified in paragraph five for the date and time established according to the paragraph the fourth Item 16 of this document, the amount of consumption of electrical energy for the specified date and time is determined proceeding from duration of the period of time which expired from the date of the last removal of indications of metering devices before the specified dates and time and average amount of consumption of electrical energy during the period between the last and penultimate removal of indications of metering devices. If the specified requirement is not fulfilled on absence reason (defect) of metering devices, then when scoping consumption of electrical energy for the specified date and time the settlement methods established in the Section X of this document for cases of absence (defect) of metering devices are used.
23. If the consumer who according to Item 21 of this document accepted the proposal of the guaranteeing supplier on the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) before the date established according to the paragraph the fourth Item 16 of this document made advance payment for electrical energy to the power sales (power supplying) organization (the organization which lost the status of the guaranteeing supplier, or the guaranteeing supplier which part of zone of activities is included in zone of activities of other guaranteeing supplier) and such advance payment was not provided with delivery of electrical energy, then the organization which received such advance payment shall on specifying of such consumer transfer to it the corresponding payment amount or according to the written application of such consumer to list it to the guaranteeing supplier, with which the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) is signed.
24. The authorized body of the subject of the Russian Federation, the power sales (power supplying) organizations concerning which there came the circumstances specified in Item 15 of this document the network organizations rendering services in transfer of electrical energy (power supplying) organizations specified power sales, or the consumers of electrical energy serviced by such organizations, and also the organization of commercial infrastructure of the wholesale market provide to the guaranteeing supplier the consumer information specified in this Item for the purpose of its use by the guaranteeing supplier in the course of acceptance by it on consumer service.
If acceptance of consumers on servicing is performed in connection with change of the guaranteeing supplier or inclusion in zone of activities of the guaranteeing supplier of the territory, the corresponding zone of activities of other guaranteeing supplier or its part, consumer information who need to be accepted on servicing is provided by authorized body of the subject of the Russian Federation along with the direction of the notification according to Item 17 of this document.
The organization of commercial infrastructure of the wholesale market transfers to the guaranteeing supplier in the forms provided by appendix No. 2 to this document, the information about the consumers serviced by the power sales (power supplying) organization which is subject of the wholesale market and for which the 15th came stipulated in Item this document of circumstance which is available for it.
(Power supplying) organization specified power sales transfers to the guaranteeing supplier in the forms provided by appendix No. 2 to this document, the information about the consumers serviced by the power sales (power supplying) organization and also about the collection points for payments used by it for settlings with consumers.
The network organizations transfer to the guaranteeing supplier in the forms provided by appendix No. 2 to this document, the information about the consumers serviced by the power sales (power supplying) organization for which the 15th came stipulated in Item this document of circumstance (the organization which lost the status of the guaranteeing supplier, the guaranteeing supplier whose part of zone of activities is included in zone of activities of other guaranteeing supplier) concerning which power receiving devices for date of approach of the specified circumstances there are current agreements of rendering services in transfer of electrical energy.
The specified data are transferred within 5 working days from the date of receipt of request from the guaranteeing supplier.
The agreement between the guaranteeing supplier and the network organization, the rendering service in transfer of electrical energy to the power sales (power supplying) organizations or the consumers of electrical energy serviced by such organizations, the notification procedure by the network organization of consumers (except for citizens) can be provided to whom services by such organization, about approach of the circumstances which are the basis for acceptance of the specified consumers on servicing by the guaranteeing supplier, and ensuring receipt of drafts of the relevant agreements by them are rendered.
25. The network organization in case of receipt of the this document of the notification of authorized body of the subject of the Russian Federation on the forthcoming acceptance by the guaranteeing supplier specified in Item 17 on consumer service in which the date established for such acceptance is specified shall make the actions specified in this Section, and also actions aimed at providing regular supply with electrical energy of consumers during the procedure of their acceptance on servicing by the guaranteeing supplier or their transition to the power sales (power supplying) organization or the electric power producer (capacity) in the retail market. At the same time the network organization in case of the address to it of the consumer or the guaranteeing supplier (the power sales, power supplying organization) acting in its interests for the conclusion of the electrical power transmission agreement within 2 months from the date established for acceptance by the guaranteeing supplier on the consumer service having no right in the absence of the bases for refusal of the conclusion of such agreement established by Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services to refuse its conclusion on condition of the beginning of rendering services in transfer of electrical energy on it since the date and time specified according to the paragraph to the fourth Item 16 of this document.
After 2 months from the date established for acceptance by the guaranteeing supplier on consumer service, the network organization shall make sure that all consumers, except for the citizens who were earlier serviced by the power sales (power supplying) organization for which the 15th came stipulated in Item this document of circumstance or the organization which lost the status of the guaranteeing supplier signed in writing the agreements providing sale of electrical energy (capacity) to them.
The specified fact is determined by the network organization based on the information provided to it during the conclusion of electrical power transmission agreements in consumer interests:
the guaranteeing supplier who accepted on servicing of such consumer;
the power sales (power supplying) organization or the electric power producer (capacity) in the retail market with which, (which) such consumer signed the agreement providing sale of electrical energy (capacity);
the organization which lost the status of the guaranteeing supplier, and servicing the consumer who refused transition to the new guaranteeing supplier;
directly consumer who is independently signing (signed) the electrical power transmission agreement and showed to the network organization the copy of the purchase and sale agreement (delivery) of electrical energy (capacity) signed by it.
At consumers of the agreements providing sale of electrical energy (capacity) to them the systemically important territorial network organization no later than 15 working days from the date of the expiration specified in the paragraph the second this Item notifies the territorial network organizations to which objects of electric grid economy power receiving devices of the corresponding consumers are technology attached on the absence facts revealed by the systemically important territorial network organization according to provisions of this Item.
The guaranteeing supplier performing acceptance on consumer service shall pay the network organization the services in transfer of electrical energy rendered by it to consumers who from the established acceptance date on servicing passed them to servicing to such guaranteeing supplier under the agreement of power supply, for the period since their established acceptance date on servicing.
26. During the procedures specified in Item 25 of this document, the network organization:
reveals persons who did not sign the agreements providing sale of electrical energy (capacity) to them and at the same time actually consume electrical energy;
draws up the statement of unaccounted consumption of electrical energy in the procedure established by the this document;
calculates according to this document amounts of free-lance consumption of electrical energy for the period, expired from the date established for acceptance by the guaranteeing supplier on consumer service;
takes measures for reducing level or the termination of consumption of electrical energy in the absence of the agreement and on ensuring payment of amounts of the electrical energy consumed without the signed agreement by person consuming electrical energy by introduction of restriction of the mode of consumption of electrical energy.
Paragraph of the sixth ceased to be valid
27. The electrical energy (capacity) is sold in the retail markets based on the following agreement types providing sale of electrical energy (capacity):
agreement of power supply;
purchase and sale agreement of electrical energy (capacity);
electric power supply agreement (capacities).
28. Under the agreement of power supply the guaranteeing supplier shall perform sale of electrical energy (capacity), and also independently or through the involved third parties to render services in transfer of electrical energy and service which rendering is integral part of process of delivery of electrical energy to consumers and the consumer (buyer) shall pay acquired electrical energy (capacity) and the rendered services.
Obligation fulfillment of the guaranteeing supplier under the agreement of power supply concerning the power receiving device is performed:
since specified in the agreement of date and time, but not earlier than date and time of the beginning of rendering services in transfer of electrical energy concerning such power receiving device and not earlier than date and time of transfer to the winner of tender for right to contract of lease or the concessionary agreement concerning objects of heat supply, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of these systems which are in the state-owned or municipal property, such power receiving device according to the lease agreement signed in accordance with the legislation of the Russian Federation or the concessionary agreement if the agreement or the concessionary agreement is signed with the specified winner concerning such power receiving device;
in case of the conclusion of the agreement of power supply before completion of the procedure of technology connection of power receiving devices concerning which such agreement of power supply is signed, - from the date of the actual giving by the network organization of tension and capacity on the consumer's objects, the corresponding date of the actual accession specified in the act of implementation of technology accession, and concerning the applicants specified in Items 12 (1), 13(2) - 13(5) and 14 Rules of technology connection 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, approved by the order of the Government of the Russian Federation of December 27, 2004 No. 861 "About approval of Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services, Rules of non-discriminatory access to services in supervisory control in power industry and rendering these services, Rules of non-discriminatory access to services of Trading System Administrator of the wholesale market and rendering these services and Rules of technology connection of power receiving devices of consumers of electrical energy, facilities for production of electrical energy, and also the objects of electric grid economy belonging to the network organizations and other persons to power networks" (further - Rules of technology accession), - from the date of creation and placement according to Rules of technology accession on the official site of the network organization (other official site providing opportunity to direct the request and the enclosed documents on which readdress from the official site of the network organization) or with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" is provided in personal account of the applicant (further - personal account of the applicant on the website of the network organization) the act of implementation of technology accession (the notification on providing with the network organization possibility of the accession to power networks) signed from the network organization, but not earlier than making by the applicant of the actions testimonial of the beginning of the actual consumption of electrical energy;
in case of change of the owner of the power receiving device - from the date of origin at the new owner of the property right to the power receiving device on condition of observance by the new owner of term, stipulated in Item 34(1) this documents, for the direction to the guaranteeing supplier of the statement for the conclusion of the agreement of power supply concerning the corresponding power receiving device;
in the case specified in Item 21 of this document - from the date and time established according to the paragraph the fourth Item 16 of this document for acceptance by the guaranteeing supplier on consumer service.
Concerning one power receiving device only one agreement of power supply can be signed.
The agreement of power supply signed with the guaranteeing supplier is public.
For proper execution of the agreement of power supply the guaranteeing supplier shall according to the procedure, established by Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services, to settle the relations connected with transfer of electrical energy by the conclusion of the electrical power transmission agreement with the network organization.
The paragraph the tenth ceased to be valid according to the Order of the Government of the Russian Federation of 30.12.2022 No. 2556
The electric power producer (capacities) in the retail market and the consumer who also performs activities for transfer of electrical energy shall settle independently the relations on supervisory control in power industry with the subject of supervisory control according to the procedure, established by Rules of non-discriminatory access to services in supervisory control in power industry and rendering these services.
29. According to the purchase and sale agreement (delivery) of electrical energy (capacity) the guaranteeing supplier shall perform sale of electrical energy (capacity), and the consumer (buyer) shall accept and pay acquired electrical energy (capacity).
Obligation fulfillment of the guaranteeing supplier according to the purchase and sale agreement (delivery) of electrical energy (capacity) is performed:
since specified in the agreement of date and time, but not earlier than the conclusion the consumer (buyer) of the electrical power transmission agreement concerning the power receiving device of the consumer and not earlier than date and time of transfer to the winner of tender for right to contract of lease or the concessionary agreement concerning objects of heat supply, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of these systems which are in the state-owned or municipal property, such power receiving device according to the lease agreement signed in accordance with the legislation of the Russian Federation or the concessionary agreement if the agreement or the concessionary agreement is signed with the specified winner concerning such power receiving device;
in case of the conclusion of the purchase and sale agreement (delivery) of electrical energy (capacity) before completion of the procedure of technology connection of power receiving devices concerning which such purchase and sale agreement (deliveries) of electrical energy (capacity) is signed, - from the date of the actual giving by the network organization of tension and capacity on the consumer's objects, the corresponding date of the actual accession specified in the act of implementation of technology accession, and concerning the applicants provided by Items 12 (1), 13(2) - 13(5) and 14 Rules of technology accession - from the date of creation and placement according to Item 110 of Rules of technology accession in personal account of the applicant on the website of the network organization of the act of implementation of technology accession (the notification on providing with the network organization possibility of the accession to power networks) signed from the network organization but not earlier than making by the applicant of the actions testimonial of the beginning of the actual consumption of electrical energy;
in the case specified in Item 21 of this document - from the date and time established according to the paragraph the fourth Item 16 of this document for acceptance by the guaranteeing supplier on consumer service;
in case of change of the owner of the power receiving device - from the date of origin at the new owner of the property right to the power receiving device on condition of observance by the new owner of term, stipulated in Item 34(1) this documents, for the direction to the guaranteeing supplier of the statement for the conclusion of the purchase and sale agreement (delivery) of electrical energy (capacity) concerning the corresponding power receiving device.
The purchase and sale agreement (deliveries) of electrical energy (capacity) signed with the guaranteeing supplier is public.
In the purchase and sale agreement (delivery) of electrical energy (capacity) signed with the guaranteeing supplier the relations connected with supervisory control and transfer of electrical energy concerning power receiving devices of the consumer are not governed.
30. Within the agreement of power supply the guaranteeing supplier bears before the consumer (buyer) responsibility for non-execution or improper execution of agreement obligations, including for actions of the network organization attracted to rendering services in transfer of electrical energy and also other persons involved for rendering services which are integral part of process of delivery of electrical energy to consumers.
Within the purchase and sale agreement (delivery) of electrical energy (capacity) the guaranteeing supplier bears before the consumer (buyer) responsibility for non-execution or improper execution of agreement obligations, including for actions of persons involved by he (she) for rendering services which are integral part of process of delivery of electrical energy to consumers. For non-rendering or inadequate rendering services in transfer of electrical energy responsibility to the consumer (buyer) is born by the network organization rendering such services.
If the power receiving device of the consumer is technology attached to objects of electric grid economy of the network organization indirectly via power receiving devices, facilities for production of electrical energy (capacity), objects of electric grid economy of persons who are not rendering service in transfer, then the guaranteeing supplier and the network organization or the systemically important territorial network organization in cases when she render services in transfer of electrical energy, bear responsibility to the consumer for reliability of supply with its electrical energy and its quality within borders of balance sheet accessory of objects of electric grid economy of the network organization. Availability of the bases and the extent of responsibility of the guaranteeing supplier to the consumer are determined according to the civil legislation of the Russian Federation and the legislation of the Russian Federation on power industry.
The guaranteeing supplier and the network organization according to the civil legislation of the Russian Federation have the right of the return requirement (regress) to persons, for actions (failure to act) of which they bear responsibility to the consumer (buyer) under the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)), the electrical power transmission agreement.
31. The consumer having the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) with the guaranteeing supplier having the right in case of observance of conditions stipulated by the legislation the Russian Federation, this document to terminate the agreement signed with the guaranteeing supplier and:
sign according to this document the agreement providing sale of electrical energy (capacity) to it with the power sales (power supplying) organization;
sign according to this document the agreement providing sale of electrical energy (capacity) to it with the electric power producer (capacity) in the retail market;
start acquisition of electrical energy and capacity in the wholesale market according to the procedure provided by Rules of the wholesale market.
If the consumer terminated the agreement with the guaranteeing supplier concerning power receiving devices, consumption of electrical energy which proceeds after date and time of its termination, and at the same time there did not come date and time of the beginning of delivery of electrical energy concerning such power receiving devices under the agreements signed in the retail market or under the agreements signed in the wholesale market yet, then such consumption of electrical energy is considered as free-lance consumption and attracts the effects of free-lance consumption specified hereunder.
32. The guaranteeing supplier implements electrical energy (capacity) to consumers (buyers) in the territory of the zone of activities for public agreements of power supply or purchase and sale (delivery) of electrical energy (capacity).
The guaranteeing supplier shall sign the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) with any consumer who addressed it whose power receiving devices are in zone of activities of the guaranteeing supplier and which power receiving devices are in accordance with the established procedure attached to objects of electric grid economy or concerning power receiving devices of which the agreement on implementation of technology accession to power networks of the network organization according to Rules of technology accession or is signed with any buyer who addressed it acting for the benefit of such consumer.
The guaranteeing supplier has the right to refuse the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) with the consumer (buyer) in the absence of opportunity to deliver electrical energy (capacity) to the consumer owing to lack of technology connection in accordance with the established procedure of power receiving devices concerning which the conclusion of the agreement, to objects of electric grid economy and absence at the same time concerning the specified power receiving devices of the signed agreement on implementation of technology accession to power networks according to the Rules specified in the paragraph the second this Item or owing to finding of power receiving devices concerning which the conclusion of the agreement, out of zone of activities of the guaranteeing supplier is supposed is supposed.
About refusal of the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) with indication of the reasons of such refusal the guaranteeing supplier in writing shall notify the consumer (buyer) who addressed it within 5 working days from the date of its address to the guaranteeing supplier for the conclusion of the agreement, and in case of filing of application on the conclusion of the agreement through the network organization - the relevant network organization within 5 working days from the date of receipt of the statement for the conclusion of the agreement to the guaranteeing supplier.
33. The agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) with the guaranteeing supplier consists in simple written form if other is not established by this document.
The guaranteeing supplier shall develop the forms of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) for the consumers serviced by it differentiated on price categories and (or) on categories of consumers on which differentiation of rates, for contractors of utilities and for citizens, for the power sales (power supplying) organizations, for the guaranteeing suppliers who have the right to acquire electrical energy (capacity) at other guaranteeing supplier in the retail market is performed. In case of modification of this document, attracting need of modification of earlier developed forms of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)), the guaranteeing supplier shall no later than 1 month from the effective date of changes in this document make corresponding changes to earlier developed forms of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)).
The guaranteeing supplier shall place the developed (changed) it forms of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) in the centers of internal servicing, on the website in Internet network and to provide them to territorial authority of federal antimonopoly authority.
Federal Antimonopoly Service (its territorial authorities) exercise control of compliance developed by the guaranteeing suppliers of forms of agreements of power supply (purchase and sale (delivery) of electrical energy (capacity)) to this document.
The forms of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) placed and published thus are the draft agreement, offered by the guaranteeing supplier to the conclusion with consumers (buyers), and can be used by the consumer (buyer) having intention to sign the relevant agreement with the guaranteeing supplier or to make changes to earlier signed agreement, when giving to the guaranteeing supplier of the documents necessary according to this document, for the conclusion of the agreement or introduction of amendments to earlier signed agreement.
At the same time the consumer (buyer) regarding those terms of the contract which are included in agreement form in the form of the description of the exhaustive list of options of their application has the right to choose that option, from among belonging to this consumer (buyer) which he considers for himself the most acceptable.
In case of disagreement of the consumer (buyer) with any term of the contract which contents are offered this document, because of discrepancy of the formulation of such condition to the this document or in case of its disagreement with any term of the contract which contents according to this document can be determined by discretion of the parties he has the right to send to the guaranteeing supplier the offer on the conclusion of the agreement on other conditions (further - the protocol of disagreements to the draft agreement).
34. The consumer (buyer) having intention to sign with the guaranteeing supplier the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity) (further - the applicant) represents internally (mail, with use of the official site of the guaranteeing supplier) to the guaranteeing supplier the statement for the conclusion of the relevant agreement containing the applicant's details (for legal entities - full name, the primary state registration number and identification taxpayer number, for individual entrepreneurs - surname, name, middle name (in the presence) physical person, series, number and date of issue of the passport or other identity document of the citizen in the territory of the Russian Federation, registration address at the place of residence, the primary state registration number of the individual entrepreneur and identification taxpayer number, for physical persons - surname, name, middle name (in the presence), series, number and date of issue of the passport or other identity document of the citizen in the territory of the Russian Federation, registration address at the place of residence, one of identifiers - identification taxpayer number or the insurance number of the individual ledger account in system of the individual (personified) accounting, and also number of the mobile phone, the e-mail address of the applicant and if other is not established in Items 35, of the 74 and 106 this document, the following documents:
the draft agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) signed by the applicant or the protocol of disagreements to the draft agreement which form is placed it (is published) by the guaranteeing supplier according to Item 33 of this document (it is provided at the request of the applicant);
the documents confirming the power of the person which signed the application on behalf of the applicant - minutes abstract (decisions, the order) about position assignment of the head or the power of attorney on agreement signature if the agreement is signed not by the head, the passport copy of the citizen of the Russian Federation or other identity document if the individual entrepreneur or the citizen acts as the applicant;
the documents confirming the property right (economic maintaining, operational management, lease and other legitimate rights of ownership and (or) use, stipulated by the legislation the Russian Federation) on power receiving devices, or the documents confirming right of possession and (or) uses of the parcel of land about which supply by electrical energy it is specified in the statement for the conclusion of the agreement, or the protocol of assessment and comparison of bids for right to contract of lease of objects of heat supply, centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of these systems which are in the state-owned or municipal property which confirms that the applicant is winner of such tender;
the agreement extract of power supply (purchase and sale (delivery) of electrical energy (capacity)) signed by the authorized person of the power sales (power supplying) organization, concluded with consumers for the benefit of whom the power sales (power supplying) organization intends to acquire electrical energy (capacity) at the guaranteeing supplier which shall contain data on terms of the beginning and the end of delivery of electrical energy in each point of delivery on each such consumer, about each such point of delivery (are provided only by the power sales (power supplying) organization when it acts as the applicant);
the documents confirming technology accession (including indirectly) in accordance with the established procedure to objects of electric grid economy of the network organization of power receiving devices about which electric power supply it is specified in the statement for the conclusion of the agreement (are not provided in cases of lack of such documents at the applicant according to Item 37 of this document);
documents on the admission in operation of metering devices (are provided in the presence at the applicant of metering devices);
the document confirming availability of technology and (or) emergency armor (it is provided in case of its availability at the applicant);
other documents necessary for the conclusion of the electrical power transmission agreement according to Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services (it is provided by the applicant who submits the application for the conclusion of the agreement of power supply).
The documents specified in paragraphs six - the ninth this Item, the power sales (power supplying) organization which acts as the applicant provides to the guaranteeing supplier concerning delivery points under each agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) signed with the consumer for the benefit of whom the power sales (power supplying) organization intends to acquire electrical energy (capacity) at the guaranteeing supplier.
Paragraphs the eleventh and twelfth voided according to the Order of the Government of the Russian Federation of 11.05.2017 No. 557
In case of the conclusion of the agreement before completion of the procedure of technology connection of power receiving devices to objects of electric grid economy of the network organization concerning which the agreement is signed if the applicant in case of submission of documents to the network organization chose method of exchange of the documents electronically signed strengthened qualified (concerning applicants - legal entities or individual entrepreneurs) or the simple digital signature (concerning applicants - physical persons) and also if applicants are persons specified in Items 12 (1), the supplier 13(2) - 13(5) and 14 Rules of technology accession guaranteeing shall provide the direction of documents to the network organization, including the draft agreement of power supply (purchase and sale (delivery) of electrical energy (capacity)) signed in return, electronically signed by the strengthened qualified digital signature of the authorized person of the guaranteeing supplier.
In case of the direction of the statement for the conclusion of the agreement of power supply by the citizen performing conducting gardening or truck farming on the parcel of land located in borders of the territory of conducting by citizens of gardening or truck farming for own needs (further - the territory of gardening or truck farming) which power receiving devices were connected to power networks within technology accession of gardening or gardening non-commercial partnership earlier, in the absence of the documents provided by the paragraph the sixth this Item are submitted the documents confirming availability of membership in such partnership for date of implementation with network organization of events on technology connection of the power receiving devices belonging to such partnership or other documents confirming availability of the actual technology connection of power receiving devices of the applicant to objects of electric grid economy and in the absence of the documents provided by the paragraph the seventh this Item data on the established metering devices - type, serial number, class of accuracy, the indication for date of filing of application about the conclusion of the agreement are represented.
In case of the direction of the statement for the conclusion of the agreement of power supply by the citizen performing conducting gardening or truck farming on the parcel of land located in borders of the territory of gardening or truck farming which power receiving devices were connected to power networks within technology accession of the non-profit organization created by citizens for conducting gardening, truck farming and small-scale farming and construction till January 1, 2019 (which is not gardening or gardening non-commercial partnership) earlier in the absence of the documents provided by the paragraph the sixth this Item the documents confirming availability of membership in such non-profit organization for date of implementation with network organization of events on technology connection of the power receiving devices belonging to the specified non-profit organization or other documents are submitted confirming availability of the actual technology connection of power receiving devices of the applicant to objects of electric grid economy, and in the absence of the documents provided by the paragraph the seventh this Item data on the established metering devices - type, serial number, class of accuracy, the indication for date of filing of application about the conclusion of the agreement are represented.
In case of the direction of the statement for the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity) concerning power receiving devices of the telecom operators necessary for possibility of receipt of communication services by owners of rooms in the apartment house (employers of premises in the apartment house under the agreement of social hiring) which maximum capacity makes no more than 5 kW inclusive located on objects of common property in the apartment house in the absence of the documents provided by paragraphs the fourth and sixth this Item the copy of the act of the performed works on installation or the copy of the inventory of the existing communication network with application of a copy of the service provision agreement of communication signed with the subscriber before entry into force of the Federal Law "About Introduction of Amendments to Article 6 of the Federal Law "About Communication" and the Housing Code of the Russian Federation" is submitted the interactions of the telecom operator and person exercising control of the apartment house prepared according to Rules, in case of installation, operation and dismantle of communication networks on objects of common property in the apartment house, approved by the order of the Government of the Russian Federation of August 6, 2024 No. 1055 "About approval of Rules of interaction of the telecom operator and person exercising control of the apartment house in case of installation, operation and dismantle of communication networks on objects of common property in the apartment house". The documents provided by the paragraph the seventh this Item are represented by the telecom operator concerning power receiving devices which maximum capacity makes no more than 5 kW inclusive located on objects of common property in the apartment house in case of their availability.
In case of the direction of the statement for the conclusion of the agreement of power supply concerning the power receiving devices belonging to consumer cooperative (garage construction, to garage cooperative) (further - cooperative) or to his members, the certificate of quantity of the garages or other objects located in borders of the territory of cooperative, with indication of information on surname, name, middle name of owners or other legal owners of the garages or other objects located in borders of the territory of cooperative, series, numbers and dates of issue of passports or other identity documents of the specified owners or other legal owners in accordance with the legislation of the Russian Federation, filled with all owners or other legal owners of the garages or other objects located in borders of the territory of cooperative concerning which power receiving devices the application, consent to processing of personal data is submitted is submitted and also in case of availability of such information - cadastral numbers of the parcels of land located in borders of the territory of cooperative and data on the size of the maximum capacity of power receiving devices which is marked out for each garage or other object located in borders of the territory of cooperative according to the decision of general meeting of members of cooperative.
In case of the direction of the statement for the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity) according to Item 34 (1) this document the new owner of the power receiving device has the right to provide the indications of metering devices for date of transition to it of the property right to the power receiving device signed by the previous owner. In the absence of such indications of metering devices concerning the first settlement period from the date of the specified transition of the property right the amount of consumption of electrical energy is determined proceeding from the number of the days which expired from the date of the last removal of indications of metering devices before the specified date of transition of the property right and average amount of consumption of electrical energy a day during the period between the last and penultimate removal of indications of metering devices.
34(1). For the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity) with the guaranteeing supplier when changing the owner of the power receiving device the applicant directs to the guaranteeing supplier the application for the conclusion of the relevant agreement with application of documents, the specified in paragraphs three, the fourth and ninth Item 34 of this document (for cases of the conclusion of the agreement of power supply) or paragraphs the third and fourth Item 34 of this document (for cases of the conclusion of the purchase and sale agreement (delivery) of electrical energy (capacity), and at the request of the applicant - the draft agreement of power supply (purchase and sale (delivery) of electrical energy (capacity). Other documents specified in Item 34 or Item 35 of this document are provided at the request of the applicant.
The new owner of the power receiving device directs to the guaranteeing supplier the application for the conclusion of the agreement of power supply or the purchase and sale agreement (delivery) of electrical energy (capacity) no later than 30 days from the date of transition of the property right to the power receiving device.
In case of the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity) when changing the owner of the power receiving device obligation fulfillment under the agreement signed by the new owner begins with date of emergence of the property right to the power receiving device if other is not determined by the agreement between the previous owner and the new owner of the power receiving device. In case of availability of such agreement it is subject to the direction the applicant to the guaranteeing supplier together with appendix of the statement for the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity).
Delivery of electrical energy to the period from the date of emergence of the property right to the power receiving device about day of the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity) between the guaranteeing supplier and the new owner of the power receiving device is not free-lance consumption of electrical energy in the presence of one of the following conditions:
availability of the current agreement providing sale of electrical energy (capacity), concluded concerning the corresponding power receiving devices between the guaranteeing supplier, the power sales (power supplying) organization and the previous owner on whom obligations on payment of electrical energy (capacity) can be performed by any person;
the address of the new owner of the power receiving device to the guaranteeing supplier within 30 days from the date of transition to it of the property right to the power receiving device with the statement for the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity).
The amount of electrical energy (capacity) consumed from the date of transition of the property right to the power receiving device, determined by indications of metering devices and which is subject to payment by the new owner of the power receiving device is determined according to the paragraph the seventeenth Item 34 of this document. If before the expiration of 30 days from the date of transition of the property right to the power receiving device by the guaranteeing supplier the application for the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity) from the new owner of power receiving devices and any of the conditions provided by paragraphs the fifth and sixth this Item is not observed, consumption of electrical energy by the new owner during the period from the date of transition to the applicant of the property right to the power receiving device about day of obtaining by the guaranteeing supplier of the specified statement is considered free-lance consumption, the amount of free-lance consumption is determined by indications of metering devices (in case of impossibility of use of instrument readings of accounting - settlement method of accounting of electrical energy (capacity) in the retail markets of electrical energy, stipulated in Item 2 appendices No. 3 to this document) is not received, and the cost of electrical energy (capacity) in volume of the revealed free-lance consumption of electrical energy for the entire period of its implementation is calculated according to the procedure, stipulated in Item 84 this documents.
34(2). The guaranteeing supplier in case of the conclusion of the agreement of power supply (purchase and sale (delivery) of electrical energy (capacity) has no right to demand from the applicant of submission of the data and documents which are not provided by the this document.
35. For the conclusion of the purchase and sale agreement (delivery) of electrical energy (capacity) with the guaranteeing supplier for the purpose of compensation of losses of electrical energy the applicant on behalf of the network organization attaches the following documents to the statement for the conclusion of the relevant agreement:
the draft agreement of purchase and sale (delivery) of electrical energy (capacity) signed by the applicant or the protocol of disagreements to the draft agreement of purchase and sale (delivery) of electrical energy (capacity) which form is placed it (is published) by the guaranteeing supplier according to Item 33 of this document (it is provided at the request of the applicant);
the documents specified in paragraph three of Item 34 of this document;
the documents containing the description of borders of balance sheet accessory of objects of electric grid economy of the network organization concerning which it intends to acquire electrical energy (capacity) for the purpose of compensation of losses of electrical energy, and also data on metering devices which they are equipped.
36. The documents confirming technology accession in accordance with the established procedure to objects of electric grid economy of power receiving devices concerning which the application for the conclusion of the agreement is submitted are the statement of technology accession which is drawn up and signed by the consumer and the network organization (other owner of objects of electric grid economy, the electric power producer (capacity)) to whose networks (power plants) power receiving devices of the consumer, and (or) the act of differentiation of balance sheet accessory of power supply networks are attached.
The document on the admission in operation of the metering device of electrical energy is the statement of the admission of the metering device in operation which is drawn up according to the Section X of this document and if the admission in operation of the metering device was performed before entry into force of this document, then the document which confirmed the admission fact in operation of the metering device established concerning the corresponding point of delivery and was signed by the guaranteeing supplier (the power sales, power supplying organization) and (or) the network organization.
The document confirming availability of technology and (or) emergency armor is the act of approval of technology and (or) emergency armor constituted (changed) and approved according to the procedure, established by Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services, the consumer and the network organization (other owner of objects of electric grid economy, the electric power producer (capacity)) to whose objects of electric grid economy (power plants) power receiving devices of the consumer are attached.
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