ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 24, 2024 No. 55

About modification of the Order of the Government of the Russian Federation of May 4, 2012 No. 442

The government of the Russian Federation decides:

Approve the enclosed changes which are made to the Basic provisions of functioning of the retail markets of electrical energy approved by the order of the Government of the Russian Federation of May 4, 2012 No. 442 "About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy" (The Russian Federation Code, 2012, No. 23, the Art. 3008).

Approved by the Order of the Government of the Russian Federation of January 24, 2024 No. 55

Changes which are made to Basic provisions of functioning of the retail markets of electrical energy

1. State Item 7 in the following edition:

"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 technological 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 technological 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 technological 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 technological 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".".

2. Add with Item 7 (1) the following content:

"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.".

3. The fourth Item 30 to state the paragraph in the following edition:

"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.".

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