Project for technological connection to electric networks. Ways to implement technological connection to electric networks: advantages of individual methods, ways to resolve disputes

Process connection is a service for creating consumption/issuance opportunities electrical power provided by network organizations to legal and individuals. The essence of the technical connection service is the legal and appropriate technical regulations connection of power receiving devices of the client (applicant) to the network facilities.

Technological connection is carried out for objects of any purpose that do not have power supply: individual buildings on a personal plot, cottages, residential complexes, administrative buildings, production facilities, etc.

For objects already connected to the network, the technical connection service is necessary procedure when the existing power consumption is insufficient and it needs to be increased. Technological connection is also carried out if the client needs to increase the reliability category of the facility's power supply.

Technological connection service consists of several stages:

Submission of an application by a client - an individual or legal entity- with a description of the necessary actions: technological connection, increase in capacity, reconstruction, change in categorization, transfer of the point of connection to the network, changes in types of production that entail changes in the power supply scheme. The application shall be accompanied by information certifying the applicant and the necessary specifications object.

Preparation and approval specifications network organization: the approval of specifications is carried out with the system operator and adjacent grid organizations (these additional approvals of specifications are carried out only when the power plant sets its technical conditions).

Drawing up and signing an agreement on technological connection service.

Implementation of the technological conditions for connection by the parties - the customer and the grid organization: the technical conditions are carried out by each of the parties under the terms of the contract, which strictly stipulates the division of work according to their balance sheet.
Control by the network organization of the fulfillment of technical conditions by the customer.

Participation of a representative of the grid organization in the inspection of the facility and connected devices by federal supervisory and control authorities: the inspection is being carried out official representing the executive power in the field of technological supervision, in the presence of the owner of the devices (customer); a representative of the operational dispatch control may take part in the survey, if this is regulated by the Rules.

Coordination of the work performed and obtaining an operating permit from the authorized executive body in the field of technological supervision and control.

Performing the actual connection of the customer's facilities to the electrical network: the actual connection involves the establishment of a physical connection between the economic facilities of the grid organization and power receiving devices, electrical networks and power plants of the customer. In this case, the actual supply (reception) of power and voltage is not performed (the switching device is fixed in the “off” position).
Drawing up an act on the completion of technological connection (acceptance certificate).

Drawing up an act on establishing the boundaries of responsibility during operation and the boundaries of balance sheet ownership.

Applying voltage to the object (energy receiving installations, electrical networks, etc.) of the customer.

The technical connection service was singled out among others and transferred to the jurisdiction of grid organizations in order to ensure the most reliable, constant power supply to consumers. This decision is confirmed by legislative acts.

The legislation not only established technological connection for grid organizations, but also determined the terms for the provision of technical connection services, outlined the rights and obligations of the customer and the contractor (grid organization).

As soon as the technological connection is completed (the necessary checks and approvals have been carried out, acts have been signed, physical connection devices), the customer has the right to consume electricity in the declared volumes, subject to its timely payment in accordance with the current tariffs.

Services for technical connection are carried out at tariffs developed by local authorized bodies in the field of state regulation of tariffs. The value of the tariff is determined in accordance with the norms established by federal acts.

*Company SERVICE renders full complex services for the preparation of documentation required for technological connection.

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Ways to implement technological connection to electrical networks: the advantages of individual methods, ways to resolve disputes.

December 27, 2004 by Government Decree Russian Federation No. 861 approved the Rules for the technological connection of power receivers of consumers of electric energy, facilities for the production of electric energy, as well as electric grid facilities owned by grid organizations and other persons, to electric networks (hereinafter referred to as the Rules for technological connection).
The adoption of these Rules was positively accepted by the public, and first of all, consumers of services of grid organizations, since they prescribed in detail the procedure for technological connection, the rights and obligations of consumers and grid organizations, methods of protection against unreasonable requirements of grid organizations, the cost of technological connection to electric networks.
It is especially important that the above Rules provide for different kinds technological connection, which depend on various factors: the technical capability of the network organization, the choice of the consumer, the cost of connection, etc. Conventionally, they can be designated as follows:
- accession to general order;
- connection by individual project;
- connection by power redistribution;
- connection to electric power generation facilities.
For almost a decade of practice of applying the Rules for technological connection, the pros and cons of certain types of technological connection for both grid organizations and consumers, as well as certain issues that need to be resolved in the implementation of technological connection, have been identified.
In this article, we will try to understand these issues and determine which method of technological connection is the most optimal.

Technological connection in the general order.

The Federal Law "On the Electric Power Industry" provides that the technological connection to electric grid facilities of power receiving devices of consumers of electric energy, electric energy production facilities, as well as electric grid facilities owned by grid organizations and other persons, is carried out in the manner established by the Government of the Russian Federation, and is of a one-time nature (Article 26 of the Law).
Thus, it is obvious that the Rules for Technological Connection are the only legal act regulating the issue under consideration.
From the content of paragraph 7 of the Rules it follows that in general view the technological connection procedure is as follows:
a) filing an application by a legal or natural person;
b) conclusion of an agreement on the implementation of technological connection to electric networks;
c) fulfillment by the parties of the agreement of the measures provided for by the agreement;
d) obtaining permission from the federal state energy supervision body for admission to operation of the applicant's facilities (except for persons whose maximum power receiving devices do not exceed 100 kW, the technological connection of which is carried out by redistributing the maximum power or the connection of which is carried out to electric networks with a voltage class of up to 10 kV inclusive);
e) implementation by the grid organization of the actual connection of the applicant's facilities to electric networks. At the same time, the actual connection is understood as the physical connection (contact) of the electric grid facilities of the grid organization to which the application was submitted, and the applicant's facilities (power receiving devices) without actually supplying (receiving) voltage and power to the applicant's facilities;
f) the actual reception (supply) of voltage and power, carried out by turning on the switching device;
g) drawing up an act on technological connection, an act of delimitation of balance sheet ownership, an act of delimitation of the operational responsibility of the parties, as well as an act of harmonization of technological and (or) emergency armor.
In case of technological connection in the general order, the applicant sends an application to the grid organization, the networks of which are located at the shortest distance from the boundaries of its section. Payment for technological connection is established for network organizations by the authority tariff regulation the corresponding subject of the Russian Federation. However, for the technological connection of consumers whose maximum power of devices does not exceed 15 kW, such a fee cannot exceed 550 rubles.
At the same time, it should be taken into account that the legislation on the electric power industry understands a network organization as a company that legally owns electric grid facilities and provides electric power transmission services through these facilities.
Recently, the Supreme Arbitration Court of the Russian Federation considered a dispute between a consumer and a grid organization. The highest court of the system of arbitration courts in the framework of case No. А76-10850/2011 considered a situation in which unjust enrichment was recovered from a grid organization in the form of the paid cost of electricity transmission services, since it did not meet the above requirements. At the same time, the courts of the first, appellate and cassation instances successively decided that the plaintiff was actually technologically connected to the networks of JSC FGC and should pay exactly to it for the services of electric power transmission.
However, the Presidium of the Supreme Arbitration Court of the Russian Federation came to the conclusion that even if the grid organization does not have the rights to legal ownership of electric grid facilities, consumers are obliged to pay for its services under a contract for the provision of services for the transmission of electric energy. Issues of the legality of ownership of electrical networks should not concern consumers, since the service is actually provided to them. Relations on settlements for electric networks owned and used must be resolved by network organizations with the owners of these networks in a separate procedure.

Technological connection according to an individual project.

Clause 3 of the Rules for Technological Connection stipulates that the grid organization is obliged to carry out measures for technological connection in relation to any person who applied to it, provided that he complies with these Rules and availability of technical feasibility of technological connection.
Clause 28 of the Rules provides the criteria for the availability of technical feasibility of technological connection:
- preservation of power supply conditions for other consumers connected to the electric grids of the grid organization;
- no restrictions on the maximum power in the networks to which technological connection is to be made;
- no need for reconstruction or expansion (construction of new) power grid facilities to meet the needs of the applicant.
If any of the specified criteria is not met, it is considered that there is no technical possibility of technological connection.
In this case, the Rules allow for technological connection according to an individual project.
This order provides for a number of features. Thus, after receiving an application for technological connection, the grid organization, within 30 days, sends an application to the tariff regulation body to establish a payment for technological connection according to an individual project. Payment for technological connection for an individual project is set with a breakdown of the cost for each event.
After that, the grid organization sends the applicant a draft contract, individual technical conditions, and a decision on approving the payment for technological connection on an individual project.
At this stage, the applicant has a choice - he can independently perform part of the activities provided for by the technical conditions, thereby reducing the cost of technical connection.
If, after receiving the documents from the grid organization, the applicant refuses to conclude the contract, then he pays the grid organization the expenses actually incurred by it, related to the calculation of the payment for technological connection.
In practice, according to an individual project, technical connection is carried out by objects in the immediate vicinity of which there are no networks, or in the case of technical connection of objects with a large capacity, for the energy supply of which the construction of additional networks is required.
In October 2012, the FAS of the East Siberian District, in the framework of case No. A33-14309 / 2011, considered a dispute between a grid organization and a legal entity that carried out technical connection on an individual project. In the framework of this case, the applicant actually refused the technical connection on an individual project and refused to pay the grid organization the actual costs incurred. However, the arbitration courts of three instances consistently pointed out the unlawfulness of the consumer's arguments and recovered from him the cost of the actual costs incurred by the grid organization for the implementation of the technological connection of the applicant's facilities to electric networks.

Technological connection by power redistribution.

According to paragraph 40 of the Rules for technological connection, indirect technological connection of the applicant's power receiving devices to electric networks through the power grid facilities of persons who have concluded an agreement with the applicant on the redistribution of a part of the maximum power of their own power receiving devices in favor of the applicant is allowed, provided that the applicant and a third party conclude an agreement on the indirect connection of the applicant's power receiving devices.
The agreement on power redistribution must specify the following obligations of the person whose connected power of power receiving devices is redistributed:
- change of protection devices and devices that provide control of the maximum power value;
- making changes to the documents providing for the interaction of the grid organization and persons (persons), the maximum power of the power receiving devices of which is redistributed.
At the same time, organizations that have concluded an agreement on power redistribution send a network organization to whose network facilities in in due course power receiving devices were previously connected:
- notification of signing an agreement on capacity redistribution (signed by the parties to the agreement);
- a copy of the act on technological connection or other documents confirming the volume of maximum power;
- an application for technological connection of power receiving devices of a person in whose favor it is supposed to redistribute the excess of connected capacity;
- a certified copy of the concluded agreement on the redistribution of power.
According to clause 37 of the Rules for Technological Connection, the provisions established by the Rules for Technological Connection for the Technological Connection of Power Receiving Devices (Section II of the Rules for Technological Connection) apply to relations arising after the grid organization receives a notification. Thus, the further algorithm of actions is similar to the technical connection in the general order.
As a rule, in the procedure under consideration, the technical connection of premises located in an apartment building and transferred to non-residential, as well as premises that were previously part of a single property complex (factory, combine, etc.) and for one reason or another passed into the possession and use of other persons.
The undoubted advantage of this method of technological connection is that the amount of payment for technological connection for the applicant is determined on an individual project based on the costs of the grid organization for the implementation of measures related exclusively to measures for the redistribution of the maximum power of specific power receivers(electric networks) and the construction of a network infrastructure from the boundaries of the applicant's site to the electric network of the grid organization.
However, it must also be taken into account that general rule The Civil Code of the Russian Federation prohibits donation in relations between commercial organizations(Article 575). Therefore, the provision of services, performance of work by one organization in favor of another on a gratuitous basis is not allowed and may entail negative tax consequences.
In order to eliminate such risks, the agreement on the redistribution of power must be paid, that is, the obligation of the organization to provide part of the power must be opposed by the obligation of the consumer to pay for these actions in any form.

Technological connection to electric power generation facilities.

The Rules provide for the procedure for the technological connection of electric grid facilities to the electric networks of an organization that is not a grid organization.
In particular, Article 2 federal law"On the electric power industry" refers to the subjects of the electric power industry, including persons engaged in the production of electric energy and power.
According to paragraph 5 of the Rules for technological connection when connecting power receiving devices to distribution devices power plant, the latter performs the functions of a grid organization in terms of determining the technical feasibility of technological connection, coordinating technical conditions with the subjects of operational dispatch control and related grid organizations, as well as performing necessary conditions contracts.
Thus, if a consumer applies to an organization that produces electricity and owns the relevant electric grid facilities with an application for technological connection, the latter will be obliged to carry out technological connection in the manner prescribed by the Rules for technological connection.
Technological connection is carried out in accordance with the general procedure (Section II of the Rules for Technological Connection) with the payment of the tariff for technological connection established for the relevant organization.
In this regard, of particular interest is the Decree of the Federal Arbitration Court of the Volga District dated August 9, 2012 in case No. A57-11855 / 2011. Within the framework of this case, the court considered a dispute between a producer of electric energy and a tariff regulation body on the establishment of a payment for technological connection.
A legal entity applied to an organization that owns electric power generation facilities for the purpose of technological connection.
According to the organization's calculations, the costs for technical connection amounted to 2,927,988 rubles, of which 2,265,891 rubles were the costs for the construction and reconstruction of electric grid facilities from existing facilities to connected power receivers of the consumer. The tariff regulation body has excluded these costs from the payment for technological connection.
However, the court came to the conclusion that in the absence of the technical possibility of technological connection of the consumer's power receiving installations to the distribution networks of the power plant without the construction of new or reconstruction of existing electric grid facilities, the establishment of payment for technological connection without taking into account such necessary costs entails the impossibility of the actual performance of work on technological connection without causing damage to the energy supply organization.
Thus, with the considered method of technical connection, there is a risk of establishing a high payment for technological connection, which will significantly increase the consumer's costs.

Conclusion.

Thus, today there is a fairly wide range of types of technological connection to electric networks.
However, none of them is universal and cannot be recommended as a panacea for all situations. In each case, the organization must take into account the peculiarities of its activities and determine for itself the most optimal type of technical connection.
For example, technological connection according to an individual project is more expensive than other types of technical connection, and is also carried out much longer in time.
Technological connection by power redistribution is the most beneficial for the consumer in terms of incurring costs and time of technical connection. However, in this case, the consumer may suffer from the actions of the person through whose networks the grid organization transmits electric energy to him, since in practice they often begin to prevent the flow of energy through their networks or require additional payments from the consumer.
In addition, in practice, grid organizations do not comply with the deadlines for the implementation of technical connection, which can also adversely affect the activities of the consumer.
In any case, the Technological Connection Rules provide consumers with opportunities to protect themselves from illegal and unreasonable demands and actions of grid organizations and other companies.

Dmitry Naryvsky
Center for Legal Technologies "YURCOM"

Fellow electricians! I ask for your critical opinion.

Considering in some disputable cases the sets of documents provided by the applicants for concluding a technological connection agreement, I asked myself about the significance for the grid organization of information about the applicant's right to connected power receiving devices and / or real estate on which they are located.

The superficial answer is obvious: to know whether the applicant can take any action in relation to the property to be joined (or in the territory where such property is located). But such an answer seems to be philistine, at the level of the watchman's psychology - "and so that there is order everywhere!".

You should start by answering another more general question what constitutes a technological connection from the point of view of civil law. I think that these are actual actions that lead to the improvement of property. But such actual actions can only be legal if the applicant is authorized to own the relevant property, tk. it is possession that involves physical manipulation and access to the object. Thus, in order to legally carry out the technological connection of a power receiving device, the applicant must own the property to be connected.

Ownership is a matter of fact, the legality of ownership is a matter of law (see, for example, Sklovsky K.I. Deal and ownership // Bulletin of Economic Justice of the Russian Federation. 2015. N 5. P. 51 - 62), which means the next question arising from the previous one: what happens if technological connection to power grids is carried out by a person who owns power receiving devices illegally? What will happen is what is provided for in chapter 50 Civil Code: action in someone else's interest without a mandate. It is difficult to imagine a situation where the technological connection of an object worsened its characteristics or caused harm to its owner, which means that one should proceed from the presence of “an obvious benefit or benefit and the actual or probable intentions of the person concerned”.

Here it is important to distinguish the technological connection itself as physical connection to networks, from legal relations under the relevant agreement. Of course, the actions of a third party will not create obligations for the owner to pay the cost of connection.

Regardless of the approval of the actions by the owner, the fact will remain a fait accompli - technological connection cannot be canceled. The difference arises only in the execution of documents that crown the procedure for connecting to power grids - if the owner approves the actions of an unauthorized person, then an act of technological connection and an act of delimitation of balance sheet ownership can be drawn up in relation to the owner. In the absence of approval, acts are drawn up in relation to the applicant.

All this, of course, does not quite meet the requirements of paragraph 10 of the Rules for technological connection (which, it seems to me, was written by people with the psychology of janitor J), but for practical work under the current rules, these arguments make it possible to approach the documents submitted by the applicants less demandingly, and, with sufficient reasoning, to raise the question of changing the rules.

But maybe I just don't see any significant risks?