Snt owner of power lines is a network organization. Do I need to transfer networks? Application
I also receive quite a lot of letters from the Leningrad region, in which gardeners express concern that the power supply in horticultural non-profit associations does not fit into the framework of legal norms in the field of electric power industry.
In a month and a half or two in the Nevsky District Court of St. Petersburg, a trial will begin on the claim of a member of one of the SNT, located in the Leningrad Region, to compel JSC "Petersburg Sales Company" to conclude an energy supply contract.
In 2013, at the general meeting of the SNT, it was decided to transfer the electrical networks to the grid organization, but the grid organization did not express a desire to accept the grids on its balance sheet.
In 2014, at the general meeting, they decided to conclude all energy supply agreements with PSK OJSC and were refused.
Sincerely, Chinakaev Shamil.
(At the request of gardeners, I am currently writing an article “Peculiarities of national technological connection”.)
The beginning of the end of extortion
There comes a point in the life of any CNT member or individual gardener when he begins to think about certain questions.
Member of the SNT:- I am obliged at my own expense to maintain the electrical networks of the SNT, while in the neighboring village, whose inhabitants have technological connection to the electrical networks of the network organization, there is no such obligation.
Individual grower:- I have concluded an energy supply agreement with an electricity supplier, I have an indirect technological connection to the electric grids of a grid organization through SNT power grid facilities, I pay for electricity to the electricity supplier’s settlement account, but this does not protect me from illegal disconnection of electricity from my site, does not protect me from extortion money from me in the amount of membership and earmarked contributions of members of the SNT.
And, first of all, an individual gardener asks himself the following question: is it possible to get a technological connection to the electric networks of a grid organization in addition to SNT networks, what legal norms allow me to do this.
We can answer this question: it is real.
Let's try to present you here a theoretical justification.
Consider case No. 238-13-AZ, initiated on 11.06.2013 on the grounds of a violation by IDGC of Center (Moscow, 2nd Yamskaya st. 4) of Part 1 of Article 10 of Federal Law No. 135-FZ of 26.07.2006 "On Protection of Competition" http://belgorod.fas.gov.ru/solution/9695
The essence of the case is as follows: the citizen had previously entered into an agreement on the power supply of the power receiving device at site No. 14, however, at the suit of SNT, this contract was declared invalid by a court decision due to the fact (as indicated in the court decision) that no evidence was presented of connecting his power receiving device (technological connection) directly to the networks of the energy supply organization, which, according to the law, is a prerequisite for concluding an energy supply agreement.
The citizen subsequently applied for the technological connection of power receiving devices (located on 3 land plots belonging to him) to the electric networks of the grid organization. In the application, he indicated a maximum power of 15 kW, a voltage level of 0.4 kV (380V).
But the grid organization in contracts for the implementation of technological connection to power grids and technical conditions for them deliberately indicates the voltage level - 0.23 kV, and not 0.4 kV, as indicated in applications for technological connection, and evades concluding an agreement on the conditions specified in applications.
The citizen sent a reasoned refusal to sign draft contracts to the grid organization with a proposal to change the submitted drafts and the requirement to bring them into line with Decree of the Government of the Russian Federation of December 27, 2004 No. 861, which contains the rules for technological connection to electric networks. Having received a refusal from the grid organization to change the terms of the contract, the citizen filed a complaint with the Belgorod OFAS Russia.
At the meeting of IDGC of Centre, JSC, he pointed out that he did not refuse to the citizen in the technological connection of his power receiving devices, but offered to connect to the networks of a grid organization by indirect connection through the networks of SNT "Beryozka".
As is clear from the citizen's explanations, he is not satisfied with the indirect connection through the networks of SNT "Beryozka", as well as the voltage level of 0.23 kV.
This decision of the Belgorod OFAS dated October 04, 2013 contains some, important for us, interpretations (clarifications) of the rules for technological connection.
In particular, it says:
The Commission believes that the conclusions of the grid organization on the technological connection of power receiving devices of a citizen located at sections No. 7 and No. 15 on applications No. 15481913 and No. 15481923 dated April 28, 2012 indirectly to the electric networks of IDGC of Center through the electrical network of SNT Beryozka are subject to deviation due to the following.
In support of his position, the representative of IDGC of Centre, JSC referred to paragraphs 5 and 6 of the "Rules for non-discriminatory access to services for the transmission of electric energy and the provision of these services" approved by Decree of the Government of the Russian Federation dated December 27, 2004 N 861 (hereinafter - the "Rules non-discriminatory access”), which regulate the organizational and legal order of relations in case of indirect connection through other electric grid facilities. He pointed out that, according to the meaning of these legal norms, the process of indirect technological connection is not excluded from the concepts of industry rules and therefore its legality is unreasonably questioned by a citizen.
According to the Commission, the representative's reference to the indirect position of the paragraphs is due to an incorrect interpretation of industry norms. In the literal sense of the normative interpretation, the provisions of the above paragraphs determine the organizational and legal framework and processes associated with cases of already existing connection of power receiving devices and are industry-specific regulation of legal relations that have arisen after the procedure described in paragraph 2 of part 4 of Article 26 of the Law "On Electricity" and Section IV "Rules for technological connection", therefore, have no relation to other measures of technological connection assigned to the grid organization.
By virtue of clause 3 of the Rules for Technological Connection, the grid organization is obliged to carry out measures for technological connection in relation to any person who has applied to it, provided that he complies with these Rules and that there is a technical possibility of technological connection.
Regardless of the presence or absence of the technical feasibility of technological connection as of the date of the applicant's application, the grid organization is obliged to conclude an agreement with the persons specified in clauses 12.1, 14 and 34 of these Rules, who applied to the grid organization with an application for technological connection of power receiving devices owned by them or on another basis provided by law, as well as to carry out measures for technological connection in relation to the power receiving devices of such persons.
Thus, in view of the foregoing, as well as from the meaning of paragraphs 8,16 and 17 of the "Rules for Technological Connection", paragraph 1 of Article 26 of the Law "On Electricity", it follows that technological connection is carried out directly to the electric grid facilities of the grid organization with the voltage level required by the applicant .
Therefore, the conditions of clause 10 of the TS, which contains provisions regarding the construction of a power transmission line-0.23 from the existing VL-0.23, which is on the balance sheet of SNT "Beryozka", are a condition that contradicts the conditions of the "Rules for Technological Connection". As follows from the materials of the case, the electrical network of the non-profit partnership does not belong to IDGC of Center on any real right, therefore, actions to use it can infringe on the interests of third parties who are not interested in providing their property in favor of third parties.
With regard to the technological connection of a residential building at site No. 14, which already has a connection to the power grids of SNT Beryozka, the Commission considers that, in accordance with paragraph 2 of the Rules for Technological Connection, an exhaustive list of activities covered by these Rules has been disclosed. These are cases of connection of newly commissioned, previously connected reconstructed power receivers, the connected capacity of which increases, as well as cases in which, in relation to previously connected power receivers, the category of power supply reliability, points of connection, types of production activities that do not entail a revision of the value of the connected capacity are changed , but changing the scheme of external power supply of such power receiving devices.
In accordance with subparagraph a) of paragraph 7 of the Rules for Technological Connection, the right of a legal or natural person (hereinafter referred to as the applicant) is established to choose the necessary nature of measures for the implementation of technological connection, reconstruction of power receiving devices and an increase in the maximum capacity, as well as changing the category of reliability of power supply, points connection, types of production activities that do not entail a revision (increase) of the maximum power value, but change the scheme of external power supply of the applicant's power receiving devices.
In the circumstances considered by the Commission (citizen), having applied for a technological connection to the electric networks of a grid organization with the required voltage level of 0.4 kV, thereby wanted to make a technological connection to the electric networks of a grid organization, bypassing the networks of a garden partnership through which its power receiving was supplied device, i.e. change the point of connection, which is one of the grounds for concluding an agreement for technological connection to electric networks.
Therefore, the Commission comes to the conclusion that the application of a citizen dated April 28, 2012 No. 15481929, similarly to other applications submitted by him (where there is no technological connection), is subject to the provisions of the "Rules for technological connection" and the exclusion of any measures for this application is not can be produced.
At the same time, the Commission takes into account that, in accordance with Article 26 of the Law "On the Electric Power Industry", the contract for technological connection is public. By virtue of Article 426 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), a public contract is a contract concluded by a commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who it will apply (retail trade, transportation by public transport, communication services, energy supply, medical, hotel services, etc.).
In accordance with Article 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties, in the form required in the relevant cases, on all essential terms of the agreement. Essential are the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.
Thus, it would be legitimate to conclude that it is the applicant who has priority in determining and choosing the terms of the contract, therefore, in relation to this case, he has the right to choose the voltage class of the electrical facilities to which the technological connection should be made.
In the case under consideration, the actions of IDGC of Centre, JSC to impose the terms of the contract impose unreasonable and unforeseen restrictions by law and industry rules on a citizen who intends to receive electrical energy with the required nominal voltage, and, therefore, infringe on his interests in creating full and comfortable conditions for living (existence).
For this reason, all restrictions and obstacles of the grid organization in providing voltage of 380 volts (choosing a voltage class) should be recognized as completely unfounded and inconsistent with paragraph 19 of the "Rules for technological connection", according to which the grid organization is prohibited from imposing on the applicant services and obligations that are not provided for by these Rules .
The Commission considers the arguments of the company regarding the specific connection of the legal framework for technological connection with the Federal Law of April 15, 1998 N 66-FZ "On horticultural, gardening and dacha non-profit associations of citizens" (hereinafter - Law No. 66) the Commission considers untenable and based on the incorrect application of the law and therefore not relevant to the present dispute. After all, the above law does not regulate relations in the field of electric power industry, including in relation to technological connection to power grids. This Law extends its effect to relations arising in connection with the conduct by citizens of gardening, horticulture and dacha farming (Article 2 of Law N 66-FZ), and cannot be considered as a priority normative act that defines a special (special) procedure for technological connection of individuals, specified in clause 14 of the "Rules for Technological Connection" (another refutation of the above argument was given earlier in the text of the decision).
Just as the position of the grid organization regarding the segregation (separation, division) of applicants in the process of technological connection on the principle of assigning their land plots to one or another category of land cannot be applied. This position will not comply with the fundamental constitutional principles of equality and publicity of obligations that arise for IDGC of Centre, JSC in the process of performing work or rendering services by virtue of the current legislation.
Based on the foregoing, guided by Article 23, Part 1 of Article 39, Parts 1-4 of Article 41, Article 49, Article 50 of Federal Law No. 135-FZ of July 26, 2006 "On Protection of Competition", the Commission
R E S H I L A:
1. Recognize IDGC of Centre, JSC as having violated clause 3 of part 1 of article 10 of the Law “On Protection of Competition” in terms of imposing unfavorable conditions on a citizen under contracts for technological connection of power receiving devices, namely, consent to conclude an agreement, subject to the introduction into it of provisions regarding goods in which the counterparty is not interested, and other requirements not provided for by the provisions of the Federal Law of March 26, 2003 N 35-FZ "On the Electric Power Industry" and the provisions of the "Rules for the technological connection of power receiving devices of consumers of electric energy, facilities for the production of electric energy, as well as electric grid facilities households belonging to grid organizations and other persons, to electric grids”, approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861;
2. Issue to IDGC of Centre, JSC a binding order aimed at stopping the violation of paragraph 3 of part 1 of Article 10 of the Law "On Protection of Competition", in accordance with which the latter should indicate the need to change the terms of contracts for technological connection of power receiving devices containing unacceptable imposition . Therefore, to clarify that in connection with the execution of this instruction, IDGC of Centre, JSC has a need to send completed and signed draft contracts and technical specifications for signing to a citizen on technological connection to electric grid facilities with the required voltage class of 0.4 kV, specified in citizen's applications.
1. If a member of the SNT or an individual gardener is not satisfied with the indirect connection to the power grids of the grid organization through the power grid facilities of the SNT, he has the right to apply to the grid organization to change the point of connection, for direct technological connection to the power grids of the grid organization, bypassing the power grids of the SNT .
2. In the sample applications for technological connection (for example, MOESK), as the grounds for filing an application, only the connection of power receiving devices (EPD) put into operation for the first time and an increase in the maximum capacity of previously connected power receiving devices is indicated. This does not prevent the citizen from changing the application and including it as the basis "Change of the point of attachment".
3. Only a citizen who has an electrical network support of the corresponding voltage of the grid organization to which the request.
4. If there are many citizens who have received direct technological connection to the electric grids of a grid organization, then this will force grid organizations to accept SNT networks on their balance sheets in order to avoid unnecessary expenses.
We can help those who wish to prepare documents for a new technological connection (application and EPU location plan). To do this, you need a copy of the certificate for the land plot, contact phone number, postal code of the applicant at the place of residence, email address. It is also necessary to indicate what voltage and power are declared: 220 V, 5 kW or 380 V, 15 kW.
In 2013, we realized that indirect connection to the networks of a grid organization through SNT networks and direct power supply contracts with an electricity supplier do not fully protect us from illegal power outages from our sites at the whim of the chairman of the board, do not protect us from extortion of money in the amount of membership and earmarked contributions from members of the SNT. After all, the chairmen of the board do not live according to laws, but according to concepts. Their arguments are as follows: - Everyone pays for the repair of electrical networks, for losses in electrical networks, then you, having land plots on the territory of SNT, must comply with the rules that we prescribed for you in our charter. Well, it's clear in the statute. Step to the left, step to the right - execution for the individual. In the sense that you pay for everything, and do not pay in the amount of membership and earmarked contributions - get a circumcision.
For 3 years now, they have not been able to reach the simple truth that we don’t care about this charter, because there are currently no laws registered on the planet Earth, according to which the constituent document of a legal entity can act in relation to non-participants of this legal entity (not members legal entity). There used to be such laws in Russia, but these laws were called serfdom.
There is such a Russian proverb: "To speak idle is what to write on the water."
We thought about what needs to be done in order to destroy the weapon of blackmail and extortion - the electric networks of SNT, giving people electric networks belonging to the network organization in return, to put all gardeners (including members of the board) on an equal footing: to force all gardeners to connect directly to the electric networks of the network organization, to force all gardeners to conclude direct energy supply contracts.
Are we right? You can't force people to be happy if they don't want to.
But if you look at Art. 543 of the Civil Code of the Russian Federation, it follows from its meaning that it is the responsibility of the energy supply organization, and in a new way - the network organization, to repair, operate and reconstruct the electrical networks of SNT to the boundaries of the land plots of gardeners. So let at least one article of the Civil Code of the Russian Federation begin to work within the boundaries of the Romanovka SNT land allotment.
At one of the general meetings, individual gardeners proposed to the board to take measures in order to become part of the village of Romanovka. Representatives of the board then very frightened the members of SNT "Romanovka", explaining to them that a management company would come, that they would have to pay a lot of money. Chatting is not carrying bags.
We decided to do everything possible so that the management companies in the field of electricity supply - OAO "MOESK" and OAO "Mosenergosbyt" - finally came to the boundaries of the land allotment of SNT "Romanovka". Then we'll see if we have to pay a lot of money to OAO Mosenergosbyt, or is it only for electricity at the tariffs of the Moscow Region, but at the rural tariff?
At the end of 2010 and at the beginning of 2011, the reconstruction of 0.4 kV electrical networks was carried out in SNT "Romanovka" with the replacement of wooden poles with reinforced concrete ones, with the replacement of bare AS wires with SIP wires.
The chairman of the board of SNT "Romanovka" carried out these works according to her concepts of electrical installation methods. Without the permission of Gostekhnadzor, without a project, without installing lightning protection devices, re-grounding the neutral wire, without carrying out the necessary measurements and tests, without compiling as-built documentation, although assurances that everything will be done according to the rules and regulations, at the general meeting of SNT "Romanovka" sounded.
As a result, the following result was obtained: electrical networks are present in nature, but they do not legally exist, since the following documents are missing:
Permission of Gostekhnadzor for admission to the operation of electrical networks;
The project of electrical installations, agreed with the state expertise;
Executive documentation (contracts for the production of installation works, executive drawings, acts of hidden work, protocols for measuring and testing electrical equipment, protocols for measuring the resistance to current spreading of grounding devices, acts of acceptance and delivery of installation works, etc.);
Acts of the BTI on the primary inventory of the electrical facilities of SNT;
The act of transferring electrical networks to the balance of the legal entity SNT "Romanovka".
What is fraught with the operation of electrical networks without the necessary documents and permits?
So far everything seems to be fine. There is even one official document with the seller of electricity - an energy supply agreement, in which SNT "Romanovka" established the boundary of balance sheet ownership and operational responsibility on the 10 kV side, five kilometers from the boundaries of the land allotment, although the networks are not accepted on the balance sheet of a legal entity, although gardeners consume electricity with voltage 220 volts, not 10,000 volts. What does not happen in "our kingdom"?
There is such a Russian proverb: "It will be quiet - it will be dashing."
There was an accident in the electrical networks of SNT, the inspector of Rostekhnadzor forms a list of a couple of dozen violations of the rules for the operation of electrical installations, the main of which are the lack of an operating permit, the absence of a person responsible for the electrical economy and the lack of documentation for the electrical installation.
The chairman of the board is under court, the electrical installation is turned off. According to the complaints of the owners of the plots to local authorities, the prosecutor's office, the governor, the president of the Russian Federation, after a few months, voltage is applied to the plots with an order for the new chairman to eliminate the remarks of Rostekhnadzor within two months.
And the remarks are not removable. You can hire a person responsible for the electrical economy, but if there is no documentation for the electrical installation, then there will be no permit for admission to operation. Three months later, again shutdown and this time for a long time.
Such a story is not a myth, but a description of a situation that really happened in one of the SNTs, and maybe not in one.
Although JSC "MOESK" has a target program for the transfer of the electrical facilities of SNT to the balance of JSC "MOESK", however, for SNT "Romanovka" this path is closed, because. it is impossible to transfer to the balance sheet electrical equipment for which all the necessary documents are missing and which is not listed on the balance sheet of a legal entity.
Can you tell me if this can be fixed?
We answer: although the train has already left, it is possible to correct what has been done. It is necessary to once again collect money from the members of the SNT, obtain permission for the reconstruction of electrical networks, order a project from the appropriate organization, pass a state examination, dismantle everything built, assemble according to the project, draw up as-built documentation, obtain permission to operate electrical networks, make an initial inventory through the BTI, to accept the grids on the balance of the legal entity, to transfer the electric grids to the balance of JSC "MOESK".
You will say, is it possible to order a project of what has already been installed in the relevant organization, pass the state examination, then draw up as-built documentation with measurements and tests?
Let's think.
They made a project according to the assembled one, handed over the project for state expertise, received a conclusion: the distances here and there to the supports relative to fences or the roadbed were not maintained, the cross-sections of wires on such and such highways do not correspond to the calculation, the length of the spans here and there does not comply with the rules for electrical installations, etc. .d. etc. It needs to be demolished and rebuilt.
Once the leader of the world proletariat V.I. Lenin insisted that even a cook could run the state. Yes, she can, if she is entrusted with it, but the cook will manage very badly.
If the state should be run by people with appropriate training and leadership experience, then the reconstruction of electrical networks should be handled by professionals in the field of power supply.
At present, our sites are fed through Kalugaenergo networks. Some chairmen of SNT "Romanovka" at general meetings announced plans to connect to the networks of JSC "MOESK", however, they set some wild prices: 1.4 million rubles for technological connection, plus 2 million rubles for the construction of a 10 kV transmission line - in 2011, 5 million rubles - in 2012 and 2013, without bothering to read government decree No. 861. Our chairmen could not even understand such a simple thing that the payment for technological connection includes everything and there is no need to build 10 kV or 0.4 kV lines by ourselves. Everything will be built at the expense of payment for technological connection and additional investments by the contractor selected by the grid organization through a tender.
Why is a new technological connection needed? Members of SNT "Romanovka" were tormented for their money to repair the 10 kV cable through which the substation is powered. The service life of the cable has long expired, and there is a 10 kV overhead line owned by JSC "MOESK" nearby.
Individual gardeners in 2012 offered a way out: everyone should switch to direct energy supply contracts http://ind-sad.narod.ru/index/0-37. After all, according to PP No. 442 dated May 4, 2012, the point of electricity supply is located on the border of the land plot or near the border of the land plot - on the nearest 0.4 kV support. Then both the 10 kV cable and the existing substation with a 250 kVA transformer and 0.4 kV networks along the streets of SNT "Romanovka" will inevitably be transferred to the balance of the grid organization, and the grid organization will repair and, if necessary, change this 10 kV cable at its own expense, however the board of SNT "Romanovka", not taking into account the interests of the members of the SNT, but considering only their own interests, did not take this step. But at the same time, it was not necessary to pay 550 rubles for a new technological connection, it was not necessary to take out registration points to the boundaries of the site. This would be a cost-free way. The Board of SNT "Romanovka" did not follow this path.
There was another way - unprofitable for the owners of land. It would be possible for a legal entity to obtain a technological connection of the existing substation to the electrical networks of JSC "MOESK". This path is disadvantageous in that we would again have to maintain the 10 kV line, the substation and the 0.4 kV electrical networks along the streets ourselves.
If you look carefully at the rules for technological connection, you can see the following: in PP No. 861, paragraph 17 says:
With regard to horticultural, gardening, dacha non-profit associations and other non-profit associations (garage-building, garage cooperatives), the amount of payment for the technological connection of power receiving devices should not exceed 550 rubles multiplied by the number of members of these associations, provided that each member of such an association joins no more than 15 kW according to the third category of reliability (one source of power supply), taking into account the power receivers previously connected at this point of connection when connected to the electric networks of a grid organization at a voltage level of up to 20 kV inclusive and the location of the power receivers of these associations at a distance of no more than 300 meters in cities and urban-type settlements and no more than 500 meters in rural areas to existing power grid facilities of network organizations.
From the location of the RSC-0.4 kV transformer substation SNT "Romanovka" with a capacity of 250 kVA to the nearest 0.4 kV support in the village of Romanovka, 200 - 300 meters. The cost for each owner of the site would be 550 rubles, and in total for SNT 550x200 = 110 thousand rubles.
That is, each gardener paid 550 rubles for a new technological connection, and it would be good for the chairmen of the board, who change almost every year.
Not knowing the laws and voicing the amount of 5 million rubles, the chairmen were not going to let go of a weapon to fight individuals, a bird of happiness or a goose that lays golden eggs - electric networks, intending to leave a common electric meter on the 10 kV side. Golden eggs are membership dues, because. if there is no common counter, then it is difficult to justify the need for the existence of a legal entity.
If the electrical networks existing in SNT "Romanovka" cannot be transferred to the balance of JSC "MOESK", then what happened with the reconstruction of electrical networks? Factory "Vain Labor". And gardeners' money is down the drain.
If the electric networks existing in SNT "Romanovka" cannot be transferred to the balance of OJSC "MOESK", then what can be done?
Then let the state build us new, correct electrical networks with an agreed project, executive documentation, etc.
We reasoned as follows: if we have the right to change the point of connection, then we can agree with JSC "MOESK" on an investment program for the construction of new, correct electrical networks for us.
To do this, we visited the nearest office of JSC "MOESK" and agreed with the manager that individual gardeners apply for a new technological connection. A day later, two individual gardeners applied for technological connection to the electric grids of JSC "MOESK", and then all the rest.
At the beginning, two people with a distance of more than 500 meters received contracts for the implementation of technological connection of power receiving devices to electric networks and specifications (technical conditions). The contract price is 194,505 rubles. Of course, they did not sign such an agreement.
In TU MOESK undertakes: construction of a transformer substation BMKTP-10 kV, 1 unit, installation of a transformer with a capacity of 250 kVA, construction of one overhead line-10 kV - tap from the overhead line-10 kV feeder 5 with RP-5, length - 550 meters, SIP wire 3 1x70, installation of a linear disconnector at the tap point from the 10 kV overhead line, construction of a 0.4 kV overhead line from the 0.4 kV switchgear of the newly constructed BMKTP 10 kV, total length - 3400 m, SIP wire 2 3x95 + 1x95 (VL-0 section .4 kV feeder 1 and feeder 2 from RU-0.4 kV BMKTP should be made in a double-circuit version - 250 m).
As we can see, the far-sighted executives of JSC "MOESK" laid in the TS not a transformer with a capacity of 40 kVA, which would be enough for all individuals, but 250 kVA - for all owners of land plots in the region of the address of registration of the legal entity SNT "Romanovka".
As we can see, in order to reduce losses in the 0.4 kV networks, the executives of JSC "MOESK" laid a SIP wire with a cross section of 95 millimeters square, and not 35 millimeters square, which was installed by the chairman of the board in 2011.
After a complaint to the Internet reception of MOESK, contracts for 550 rubles were received and signed by 3 people (whose plots are located on the edge of the SNT). The term for the implementation of measures for technological connection is 6 months.
It took two months from filing an application to receiving the first contract for 550 rubles.
We recently received a letter from JSC "MOESK" with the following content:
"The contractor plans to complete construction and installation work on power supply of land plots of 9 applicants in the village of Romanovka, Serpukhov district in the II quarter of 2014. The construction work itself will take 1-2 weeks. The project is currently undergoing the necessary approvals. Sorry for the delay in work."
So let's wait until the southern electric grids build us the right electric grids.
It seems to us that when the contractor builds electrical networks for us, the members of SNT "Romanovka" and members of the board, who at general meetings shouted that it was necessary to cut the wires to all individuals, that they should be kicked out of the sites, that our direct energy supply contracts were not legal, since they were concluded without their knowledge, sensing the benefit of a direct energy supply contract for themselves, they will rush to draw up contracts for technological connection with OAO MOESK, and then an energy supply agreement with OAO Mosenergosbyt.
And there is a benefit:
No need to double pay for losses in electrical networks (as part of the tariff for electricity and to the cash desk of SNT);
Receipts for electricity will come to the apartment, for payments for electricity it is not necessary to support the chairman of the board, accountant, treasurer.
Some will be able to issue a rural tariff.
Competent, non-aggressive members of the SNT "Romanovka" are already asking when it is possible to apply?
If everything works out as we planned, then the electrical networks of SNT "Romanovka" (until they disappear) will remain the same monument to the bungling of the chairmen of the board of SNT "Romanovka" as well as other objects.
There is a Russian proverb: "There are many people, but there is no smart person."
They started building a water pipeline, then the chairmen of the board lost interest in this idea. Now large-diameter pipes, a pumping station and storage tanks are lying around within the boundaries of the Romanovka SNT land allotment. 10 or 11 tons of pipes with a diameter of 53 mm, bought with the money of SNT members, evaporated somewhere.
We decided to build another pond - according to the chairman, the existing pond does not have enough water according to the norms of firefighters. Trees were cut down. We received a fine of 50 thousand rubles from the forester. A few years later, the chairman announced at a general meeting that, according to the norms, it is necessary to have a fire tank or a pond with a volume of 50 cubic meters, and there are tens of thousands of cubic meters of water in the existing pond, so nothing needs to be built.
We bought rails for stepchildren of wooden supports. The rails were stolen.
They blocked the way for an individual, the fireman issued a fine of 40 thousand rubles.
In 2012, the general meeting of SNT "Romanovka" adopted a program for the removal of electricity meters to the supports of VTL-0.4 kV with payment for this to the SNT cash desk. The program was not carried out solely because of the unwillingness of the then chairman of the board to do something. None of the members of the SNT, with the exception of individuals, did not ask themselves such a question: “Do I need this?”.
Who makes stupid decisions? Chairman of the Board. From whose money is the fine paid? Members of SNT "Romanovka".
Maybe the general meeting of SNT is involved in this case? No. For many years the decisions of the meetings are void, as they are held in the absence of a quorum.
If you remember, the list goes on.
In order to prove the need for the continued existence of a legal entity, the chairmen of the board are ready every year to put forward and adopt by an unauthorized meeting any wild programs that are not at all necessary for the owners of the plots.
Conclusion: SNT "Romanovka" is the standard of bungling, obscurantism and lawlessness, although many gardeners from other SNTs can say - And ours is even worse.
It is natural for the realities of our country that in the second quarter of 2014 the installation work was not completed. On June 29, about 30 supports for power lines were delivered, but no further movement was observed.
Appropriate complaints were sent through the Internet reception of JSC "MOESK".
On July 2, a drilling machine appeared and three workers began to install 10 kV supports. A drum of wire was unloaded on the field.
You can familiarize yourself with the Photos on the topic "Construction of electrical networks for 550 rubles" by looking at the photo album (item at the end of the menu "Photo albums").
According to unverified information, the chairman of the board intends to collect 21,000 rubles from each site for technological connection. And they will take the money. Recently, some joker posted an announcement on behalf of the board that you need to hand over 300 rubles to clear the pond. They took the money.
It turned out that indeed the chairman of the board informs the members of the SNT "Romanovka" at a meeting that it is necessary to collect 21 thousand rubles from each.
Within the boundaries of the land allotment of SNT "Romanovka", the administrator of this site posted announcements with the following content:
"Dear gardeners!
Individual gardeners, through negotiations with the Moscow United Electric Grid Company OJSC, achieved the construction of a 10 kilovolt line, a new 250 kVA substation and 380 volt lines along the streets of SNT Romanovka.
Payment for technological connection is 550 rubles from each owner of the land plot.
The contract for technological connection is concluded by each owner with JSC "MOESK" individually at the address: Bolshevik settlement, st. Karpova, d. 12. Money 550 rubles is transferred to the settlement account of JSC "MOESK" upon conclusion of the contract. For 550 rubles JSC "MOESK" installs a pole 380 volts near the site of the applicant.
Documents for the conclusion of an agreement with JSC "MOESK" on the implementation of technological connection are submitted by each owner individually at the address: Bolshevik settlement, st. Karpova, d. 12. Money 550 rubles is transferred to the settlement account of JSC "MOESK" upon conclusion of the contract. .
The Board of SNT "Romanovka" has nothing to do with these agreements. There is no need to pay 21,000 rubles to the cash desk of SNT Romanovka.
In case of connection to the electric grids of OJSC “MOESK”, everyone will receive the following benefits:
- no need to pay for losses in electrical networks to the SNT cash desk;
- no need to maintain an electrician and pay for the repair of electrical networks;
- Receipts for electricity will come to the apartment, for payments for electricity it is not necessary to maintain the chairman of the board, accountant, treasurer.
- there is an opportunity to issue a rural tariff."
Ads hang for a maximum of half a day, then they are torn down. Advertisements are reprinted and posted. Members of the SNT constantly come and come to the site and ask to explain why the chairman of the board wants to collect 21,000 rubles from them.
July 5, Saturday, all day they carried supports from Moscow and put them on the field. On Sunday, July 6, poles of 0.4 kV were installed on one of the streets of SNT "Romanovka".
Gardeners reported that our announcements are being disrupted by the chairman of the board.
There are rumors that the construction in SNT "Romanovka" is being carried out according to a targeted program, which provides for the replacement of the electrical networks of all SNTs in Russia.
The following announcements have been posted:
"Dear gardeners!
Someone is spreading rumors that in 2012 a program was adopted in Russia to replace the electric networks of SNT and that construction in SNT Romanovka is being carried out under this program. I inform you that this is a lie. Similar programs for gardeners were not accepted.
There is Government Decree No. 861 of December 27, 2004. According to it, individual gardeners, through negotiations with Moscow United Electric Grid Company OJSC (MOESK OJSC), achieved the construction of a 10 kilovolt line, a new 250 kVA substation and 380 volt lines along the streets of SNT Romanovka ". The construction is financed by OAO MOESK.
Payment for technological connection to new networks is 550 rubles from each owner of the land plot. The Board of SNT "Romanovka" has nothing to do with these agreements. You don't have to pay anyone 21,000 rubles.
Due to the construction of new electrical networks, no one has the right to disconnect electricity from the garden plot, which is powered by old electrical networks. Connection to new electrical networks occurs exclusively at the voluntary request of the gardener.
July 9, 2014 Several men arrived with chainsaws. They said that they would cut down the forest near the pond, because. trees interfere with the installation of 0.4 kV supports. However, work has not yet begun. Apparently there have been problems.
10 July. Apparently, the cutting down of the trees did not work out. Today we began to install supports between the trees. Photos will be posted later.
For more than a month, the installers did not appear in SNT "Romanovka". As we understood, they were transferred to another facility. On August 18, they appeared, did some work, installed supports on three more streets, pulled wires on 2 more streets, but the drill bit broke.
Work continued in September. At the end of August, a substation with a 250 kVA transformer was installed. Two individuals handed over their metering units to the representative of OAO "MOESK". We hope that someday the work will be completed and we will connect to the electric networks of the grid organization and disconnect from the SNT networks.
Installation work ended on the twentieth of September. On the northern side of the SNT (behind the pond), installation work will be carried out next year. On the south side, all work is completed.
In August, they stopped accepting applications from members of SNT "Romanovka" for technological connection at the office of OAO "MOESK" in the village. Bolshevik. Allegedly, a new head of the Southern Electric Networks came and forbade accepting applications.
Earlier we wrote: "If there are a lot of citizens who have received direct technological connection to the electric networks of a grid organization, then this will force grid organizations to accept SNT networks on their balance sheets in order to avoid unnecessary expenses." There were rumors that OAO "MOESK" is ready to accept networks of SNT "Romanovka" on its balance sheet. Under what conditions is a big mystery. A general meeting of SNT "Romanovka" on this issue is scheduled for November 1.
Individual gardeners who fulfilled the technical conditions received acts of technological connection to the electrical networks of OAO MOESK, acts of delimitation of the balance sheet ownership of power networks and delimitation of the operational responsibility of the parties, certificates of admission of metering devices into operation and took them to the office of OAO Mosenergosbyt for the conclusion of an energy supply agreement.
"Members of SNT "Romanovka" and individual gardeners!
On November 1, 2014 (Saturday) at 14:00, a general meeting of SNT "Romanovka" will be held.
Agenda:
Connection to the Southern Electric Grids - a branch of JSC "MOESK". Their conditions: to transfer our electrical networks to their balance free of charge - 5 minutes.
Stay with your own (as it is written in the original announcement) electrical networks as they are at the present time - 5 minutes.
Miscellaneous..... - 20 minutes.
(collection and registration at the trailer at 13-30).
It is not clear why the ad also placed an appeal to individual gardeners. Almost all of them have contracts for technological connection to the electric grids of JSC "MOESK" for 550 rubles. And the issues of disposing of property alien to them (electric networks of SNT) should not worry them.
At the general meeting of SNT "Romanovka" in 2012, the author of these lines tried to drive the thesis into the heads of SNT members that if everyone concludes direct energy supply contracts, then according to these contracts, the points of electricity supply will move to the border of the sites of SNT members and electrical networks within the boundaries of the land allotment SNT "Romanovka" sooner or later will pass to the balance of the network organization. However, the board said: "We will not give our property to anyone."
Now it can happen forcibly-compulsorily, under the pressure of JSC "MOESK". You transfer networks to us, and we accept applications for technological connection from SNT members. You do not transfer networks to us, and we do not accept applications for technological connection from SNT members. It is clear that not accepting applications is an illegal decision, but which of the members of SNT "Romanovka" knows about this and which network organization is currently bothering with compliance with laws if money is at stake?
If a positive decision is made, then the members of the SNT should wait for the determination of the amount of the targeted contribution for the preparation of documentation for the gratuitous transmission of electrical networks. In this case, the disappearance of electrical networks belonging to SNT "Romanovka" will happen faster.
Members of SNT "Romanovka" missed another option. In 2010, the head of the Serpukhov district gathered the chairmen of the boards of SNT, DNT, NP and informed them that a network organization had been created that was ready to accept networks of non-profit associations on its balance sheet.
To what extent this idea was implemented, we do not know. Most likely, this program stumbled on the unwillingness of the chairmen of the board to let go of the weapon of blackmail and extortion - the electrical networks of non-profit associations. In SNT "Romanovka" no one has heard of this program.
November 1, 2014. An authorized meeting of SNT "Romanovka" was held, which voted by a majority of votes for the gratuitous transfer of electrical networks of SNT "Romanovka" to the balance of OAO "MOESK". How much the members of SNT "Romanovka" will have to pay for this was not announced.
Individual gardeners began to receive energy supply contracts.
The efforts of gardeners in the Moscow region, who fought for the rural tariff, were to some extent crowned with success. If you registered a residential building (appointment - non-residential), residential building (appointment - residential), residential building (appointment - non-residential), residential building (appointment - residential) on the land plot, then you will receive a rural tariff.
Decree of the committee on prices and tariffs of the Moscow region dated February 13, 2014 No. 11-R.
It says:
3. Determine the list of consumers equated to the population, in respect of which in 2014, on the grounds provided for in paragraphs 1 and 2 of this Procedure, electricity tariffs with a reduction factor are applied:
- horticultural, horticultural or dacha non-profit associations of citizens - non-profit organizations established by citizens on a voluntary basis to assist its members in solving common social and economic problems of horticulture, horticulture and dacha farming, in relation to the volume of electrical energy purchased in the interests of the population consuming electrical energy in residential buildings (residential buildings) located in rural areas.
How does a transformer work? - WOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO.
At the beginning of February 2015, the transformer from OJSC "MOESK" began to hum, voltage appeared on the lines from OJSC "MOESK".
This event was supposed to happen at the end of 2014, but something did not work out for them. A claim was filed with OAO Mosenergosbyt: - Energy supply contracts were concluded, but you don't sell electricity, why did you sign them then? This is not good.
So now the persons who have concluded an energy supply agreement with OAO Mosenergosbyt come to the site, quickly disconnect from the SNT lines and connect to the lines from OAO MOESK.
The destruction of weapons for blackmail by switching off and extortion of money from gardeners (electrical networks of SNT "Romanovka") has begun.
Chinakaev Shamil,
individual gardener.
Dear gardeners!
There is a proposal from members of the Partnership to transfer the transformer substation and the SNP power grid to an energy supply organization. This is a very serious step. For a comprehensive study and understanding by you of the issue related to the transmission of electrical networks of the ESO, materials from the Internet were selected. We invite you to familiarize yourself with them:
Transfer of power facilities to a third-party grid organization
So, before taking a serious step, let's think together.
MOESK is ready to take their power grids to its balance from SNT. Conditions: the status of a non-profit organization with the transferring party, executed documents and serviceable equipment.
Representatives of JSC "Moscow United Electric Grid Company" (MOESK) took part in a "round table" on the topic: "Issues, problems and difficulties that arise when concluding power supply contracts between horticultural associations and JSC" Mosenergosbyt ". MOESK was represented by Sergey Saltykov, Director of the Electricity Transportation Department, and Maxim Malyvanov, Head of the Electricity Transportation Services Department.
The chairmen of horticultural associations of the Moscow region, who came to the meeting, among other things, asked one of the most pressing questions for dacha associations, how to transfer the electric grid property of garden associations to the balance sheet of MOESK.
Sergey Saltykov's answer “Today JSC “MOESK” has a practice of taking ownership of power grid property transferred free of charge by third parties. This procedure is carried out on the basis of an agreement on the gratuitous transfer of electric grid facilities.
This requires the fulfillment of three conditions. First, the transferring party must be a non-profit organization. Secondly, it is required to have a complete package of technical, title-establishing and title-certifying documentation for the transferred objects, as well as the land plots under them. Thirdly, the transferred equipment must be technically sound.”
Saltykov also added that another option for gardening partnerships is to transfer property to the balance of the local government.
Sources: MOESK
Order 846 dated October 19, 2012 determines the mechanism for the transmission of SNT networks of MOESK. The SNT network itself (electric line) + KTP must be registered with the USRR:
1. A certificate of state registration of ownership of objects must be issued.
2. A cadastral passport of the property must be issued. + to these documents, SNT must submit: 1. constituent documents 2. annual balance of SNT for the previous year
3.certificate of the book value of the property
4.information about the presence of persons responsible for electrical facilities + certificate + certification in Rostekhnadzor
5.information on the number of households connected to the transmitted power line
6. information about the availability of individual metering devices
Here is the complete list of documents:
1. Application
2. Constituent documents (Charter), in full;
3. A document confirming approval for the post of Chairman of the CIS;
4. Certificate of registration with the tax authority;
5. Certificate of state registration of a legal entity;
6. Minutes of the general meeting on the consent of the members of the partnership to the transaction
7. List of transferred power grid property
8. Documents confirming the ownership of the power grid property
9. Certificate of state registration of ownership of power grid property
10. The act "On admission to operation of the electrical installation" and the act on the delimitation of balance sheet ownership must be signed and stamped.
11. Contracts for the construction of lines and substations;
12. Technical passport for power grid facilities
13. Certificate for the land plot allocated for the construction / operation of the power grid property.
14. Cadastral passport.
15. Contract for the construction of power supply facilities
16. Contract of those. accession
17. Specifications
18. Statement of the technical condition of networks (% depreciation, balance sheet/residual value, year of commissioning, length of networks, power of substations, certificate of electricity balance (losses, supply to the network, productive supply).
19. Report on determining the market value of property (valuation)
After, when everything is presented, the MOESK working group, having arrived at the place and examined everything (having the documents provided), WILL DECIDE TO TAKE THE SNT NETWORK OR NOT.
At one time, each SNT received TU, made a project and concluded an agreement with a contractor, built a network, the network company accepted and electricity went through the wires. But each SNT further had to register the right to a linear facility (electric line + KTP) and receive a certificate. It may not have been necessary at the time.
But then the year 2013 came and the networks said: IF YOU WANT US TO TRANSFER THE ELECTRIC LINE WITH POSTS + PTS, THEN DESIGN EVERYTHING AS PLEASED AND WELCOME TO US. What partnerships do not have: 1. there is no certificate of ownership of the SNT electrical facility 2. it is possible that in the paragraph on the number of households, copies of the owners' passports + copies of the land certificate + copies of the house certificate will be required. 3.individual metering devices must be modern, with a certain class of accuracy.
What to do IF PART OF THE DOCUMENTS ARE NOT AVAILABLE? DESIGN. The decision on the transfer of networks and on the issue of concluding direct contracts IS MADE BY THE GENERAL MEETING OF SNT MEMBERS And only after that you can start working on this issue. All work may take several years and it is not a fact that each chairman will pull this work. If you turn to intermediaries, they will take a decent amount of money, but the intermediary firm itself will not register the houses as property, the documents for which must be attached to the package. So gardeners should all think: TRANSFER NETWORKS + CONCLUDING DIRECT AGREEMENTS OR WORK JOINTLY WITHIN THE FRAMEWORK OF SNT ON THE ISSUE OF ELECTRICITY SUPPLY TO GARDENERS.
But at the same time, maintaining networks owned by gardening associations in good condition, modernizing, replacing or repairing at their own expense is a serious financial burden on SNT and not everyone can afford it,
According to the law "On the Electric Power Industry" dated March 26, 2003 No. 35-FZ (as amended on November 25, 2013), the owner bears the burden of maintenance, gardeners pay not only the tariff, but also the associated costs for:
- network content,
- their overhaul and current repairs, otherwise an increase in losses in the network is inevitable.
That is, the owner pays:
- FOR SERVICE AND MAINTENANCE OF NETWORKS;
- FOR LOSSES in networks;
- FOR THE MAINTENANCE OF HIGHLY QUALIFIED PERSONNEL;
- FOR MODERNIZATION AND UPDATE OF THE NETWORK FACILITY;
- bears LEGAL RESPONSIBILITY FOR THE CONDITION AND SECURITY OF THE NETWORK FACILITY
Why is it profitable for gardeners to transfer SNT power grids to MOESK?
As practice shows, for some reason the losses in our networks are huge, despite the fact that the networks are new, and this significant item of our expenses is paid by our contributions, and these amounts could be used for other activities, for example, for roads. By the way, "... the main volume of electricity losses occurs in a step-down transformer precisely in the winter, when it operates, as they say, at idle without a mass analysis of electricity by consumers."
2. Maintenance, repair, reconstruction at the expense of MOESK. MOESK has the right to hire contractors for repair work and maintenance (only for work) and at its own expense!
3. An increase in power up to 15 kW for 550 rubles will be received by every gardener who needs this power.
4. Payment directly to the energy company., i.e. individual subscription.
5. The law obliges the owner of the networks to have a highly qualified employee certified by Rostekhnadzor with the appropriate access groups responsible for the energy sector.
In the light of stricter safety requirements, he will have to study regulatory documents, categorize objects, draw up safety data sheets, coordinate them with authorized bodies, and so on. The content of such a highly qualified specialist requires appropriate payment. Which is beyond the power of most SNTs. There are a lot of examples when people are considered power engineers far in old age and with dubious certificates.
Federal Law of the Russian Federation of July 21, 2011 N 256-FZ
"On the safety of fuel and energy complex facilities." Entered into force on October 25, 2011.
“The law establishes the organizational and legal framework in the field of ensuring the safety of fuel and energy complex facilities in the Russian Federation (with the exception of nuclear power facilities). Defines the powers of public authorities, as well as the rights, duties and responsibilities of legal entities and individuals owning the fuel and energy complex facilities on the basis of ownership or other legal right. In addition, the law will criminalize acts that violate the requirements for ensuring the safety of fuel and energy complex facilities and “negligently caused serious harm to human health”, as well as causing major damage or death of one or more people. This innovation is implemented by supplementing the Criminal Code of the Russian Federation with Article 217.1. Investigation of criminal cases for crimes stipulated by the named article of the Criminal Code of the Russian Federation, the law will refer to the jurisdiction of the Federal Security Service.
The law determines that the security of fuel and energy complex facilities is the state of protection of fuel and energy complex facilities from acts of unlawful interference. “An act of unlawful interference” is defined as an unlawful action (inaction) that threatens the safe operation of a fuel and energy complex facility, causing harm to life and health of people, damage or destruction of property, or creating a threat of such consequences.
A separate item of expenditure: those funds that SNT collects in excess of the established tariff for the maintenance of networks. Gardeners constantly spend their money on repairing and maintaining networks, not understanding what they are paying so much for.
And so this chain stretches: the power grids are deteriorating, people are paying more and more.
In the electric power industry, electric networks should be operated by professionals, that is, electric grid companies and necessarily under a contract, and not "left" specialists on a one-time call for a lot of money in their pocket.
What are the benefits and what is the consumer (SNT) entitled to by transferring networks to an energy company?
An energy company can remove the above-mentioned heavy financial and legal burden related to the issue of power supply in terms of high-voltage lines from the SNT and its leader.
It is all the more important that the energy company must carry out these works according to the law "On Electric Power Industry" at its own expense, without charging any additional fee. That's what the law says.
The transfer of electrical equipment to the balance of the energy company is one of the options for solving the problems that SNT has. This removes all the "headaches" from the owners of substations, supports and wires that have served their purpose.
Gardeners will have a responsible person who can be asked for the correct operation of the power grid.
When connecting new consumers in accordance with the "Rules for non-discriminatory access to services for the transmission of electric energy and the provision of these services" (Decree of the Government of the Russian Federation of December 27, 2004 No. 861), the grid organization is obliged to deliver to the consumer the power prescribed in the contract with the electricity supplier (sales company). When signing an agreement with your sales company for the next calendar year, in the annex, the line of losses in high-voltage networks will be marked "0".
Therefore, everyone will benefit from the transfer of networks to the grid company: all gardeners who will pay only according to the tariff, and chairmen who will throw off this burden of responsibility and unnecessary worries.
So, let's try to think about each declared PLUS that awaits us when transferring networks to the balance of a grid company:
1. Absence of payment for losses in power networks.
Here you should understand what amount we are talking about. If last year I paid 1,000 rubles for the electricity used, then I went bankrupt in the amount of 70 rubles (in our case, 7%), no more. So give the network in order to save 70 rubles. I am not interested. However, if the gardener gave 20,000 rubles for the year, the losses amount to 1,400 rubles. then there is already something to save. So with this item clearly everyone decides for himself whether he saves or not.
2. Service at the expense of MOESK
About the content. The maintenance of our networks (expenses, electrician, etc.) is included in the membership fee. At the same time, we can serve only the "low" part. For the maintenance of the "high" part, you can conclude an agreement with MOESK - the issue price for operational maintenance is ~ 30 tr. per year, for operational and technical ~ 50 tr. per year. At the same time, they will be required to come to accidents and eliminate their consequences (but this is already for separate money, depending on the scale of the disaster).
3. Repair, reconstruction at the expense of MOESK.
This is a weighty argument. But in principle, complete deterioration of our networks in the near future does not threaten, so there is some time to "smoke on the sidelines" and think "to transfer or not to transfer" slowly, without investing in the reconstruction of networks. However, this is before the first accident, where you have to pay a tidy sum.
On the other hand - at whose expense (at their own, from the budget, for ours) will this repair or modernization be carried out? And on what basis? Well, if there is an accident, then it is understandable, according to the law, we must be provided with light within 24 hours after the accident. But what should serve as the basis for the start of reconstruction or modernization? Why would MOESK suddenly rush to reconstruct a dead-end line on which 100 people are powered, and to which you can no longer connect anyone, even if you install a 1000 kW transformer? For them it is unprofitable. Most likely, on paper, they will not refuse such modernization, and will feed breakfasts that we are about to be included in the plan, but whether we will wait for this modernization in this life is a big question. Maybe grandchildren...
4. An increase in the power of each household up to 15 kW for 550 rubles will be received by every gardener who needs this power. Attention: after the gardener fulfills the specifications from MOESK and checks for the fulfillment of the specifications and for the compliance of its intra-house electrical part with fire and electrical standards. And this is also an investment. Interestingly, every gardener who wants 15 kW has such a correspondence ....
Theoretically, it is so, but as far as I understand, we have been allocated a certain capacity for SNT and, when switching to direct contracts, we can only claim 1.8 kW of guaranteed capacity allocated for each site. Those. in order to obtain GUARANTEED 15 kW, MOESK will theoretically have to change the transformer and wires (if necessary). But when visiting MOESK, we were told that at the same time we would still have to fork out for the trans and its replacement, it would just be a little cheaper for the circle than if we did not give up the network. This question is not at all clear. Here you need to dig the laws.
On the other hand, now we do not have a limit in kW and the power in the plots is regulated only by the equipment installed at the entrance to the house. We regulate the power supplied by ourselves. Moreover, with the current workload of our networks, it can exceed 15 kW.
Therefore, I propose not to take this into account as a plus, because it can be considered in the same way as a minus.
5. Payment directly to the power company, i.e. individual subscription.
The transition to direct contracts is possible without the transfer of networks. And it is better to use it in this order - first go to the individual, then transfer the network. Otherwise, the transfer of networks will entail a mess and confusion with calculations and recalculations in the MES, because for some period the SNT will be a subscriber in the MES and will have to pay the bills. And the transition period will be a heavy burden for all of us since. payment for electricity. Therefore, it is better for us to do it ourselves, carefully tracking the transition for each gardener. And then pass the network.
By the way, an individual transition to direct contracts will cost much less than the transfer of networks. True, at the same time, the obligation to maintain networks and pay for losses remains on the shoulders of SNT.
I think that this is not a plus, because the question is generally from a different area and does not intersect with the transmission of networks. At the same time, I want to add that only those who have a properly executed certificate of ownership of the plot will be able to conclude direct contracts.
Another issue concerns public lands. The list of documentation for the transfer of networks to the balance of MOESK refers to documents for the land on which the network is located. Under our internal network 100% of the land is in common use. And what about the lands along which the power cable is laid from the border of the balance sheet? This is not a vozdushka, it is buried in the ground under the plots of SNT "Gavrikovo". How to transfer this land? How should we formalize our PDOs when transferring networks? Are we leasing this land? Or should we give it away? Will they pay for it?, because the tax authorities will not remove the land tax from us. And the process of land transfer itself is not simple - it means that each owner of the PDO needs to write a waiver in favor of MOESK, because the PDO is jointly owned by gardeners.
And what about the area around the lighting poles? Is there any regulation at what distance should the fence be installed? And then maybe a letter from MOESK will come to me with demands to move my fence in accordance with the norms.
What about the supports themselves? Indeed, in the case of the transfer of energy facilities to a third-party grid organization, we will no longer be able to use the poles for our own purposes - for example, for a telephone cable, the Internet, or we will have to pay for their rent to their owner at their rates. And what about the interior lighting line, who will balance it? Who will serve, change light bulbs and lanterns? MOESK, MES, Prefecture? We can no longer get close to the supports.
And if we are still going to install gas, water supply and sewerage, then how in this case will we have to coordinate their implementation under the PDO? Indeed, in this case, in some part they will no longer be ours, there will be a certain security zone around the poles and the PTS, where you don’t “dig”, and given that the roads, along with the roadsides, we already have 6-8 m ( and at the present time you can’t really clear up), then this moment can generally put an end to other communications.
In addition, we also have the common property of SNT, which is connected to the networks - a gatehouse, a well, automatic gates, the same general lighting. If we transfer the network to the balance, and then we want to install something else as members of the SNT (for example, a barrier, a powerful fire pump, etc.), or we need to connect additional consumers from among the SNT (the site is divided among relatives and 2 independent households) - then what, the chairman will bow to MOESK or MES to listen that there is not enough capacity and we should wait for modernization? Will I need to get new technical specifications or what? If so, then this is not an option at all. At present, things are getting better with this.
You also need to understand that when transferring networks, the new owner is free to dispose of them as he likes, including re-equipping. And in principle, if the new owner decides that our transformer is too powerful, can he replace it with a less powerful one or connect additional consumers to it? This, of course, is absurd, but I mean that the owner can do absurd things, and after that we will only have to shrug and say that we “wanted the best”.
There is also a doubt that the new owner will not invest, he is interested in squeezing profits from the received free equipment. On the network, he will hang a maximum of consumers, and when the networks get worn out and problems begin, we will be asked to solve them in court. Repairs and modernization of village networks have been waiting for years. And with SNT, I think, they will not stand on ceremony at all.
And also, one should not discount the fact that when transferring to the balance of MOESK, you will also have to pay a lawyer and, possibly, a person who will draw up the necessary documents.
There is no need to hurry with a decision here, everything needs to be weighed and understood in what fundamentally we will win. It is necessary to communicate with the chairmen of the SNT, who have already transferred their networks to the grid organization, to find out if everything is as smooth as MOESK is laying? What documents are really sufficient for transfer and what steps need to be taken?
Information from the forum:
Danger when transferring the network and KTP SNT to other hands
Niko: One of the SNT board members warns the chairmen to be vigilant. The transfer of the high side (10 kW) and the transformer to the balance sheet of the power company is MMM pure water. I explain with an example. A certain JSC (LLC) created by a group of individuals and legal entities becomes an intermediary between the sales company and SNT. The company receives income in % of the electricity tariff for losses on the high side of the consumer (SNT). The more the consumer consumes, the greater the income of JSC (LLC). By transferring your property to the balance of the sales company, you thereby increase the company's fixed assets. Then the OJSC is reorganized into a CJSC and shares are issued for sale on the stock exchange. Then the company falls apart and creditors (new owners of shares) sell the property of the CJSC through the courts. And SNT remains without light or redeems its own property for unrealistic money. I think that it is only necessary to transfer your networks (KTP) on lease for 11 months with a prolongation for one year. Thus, the property remains in the SNT and the maintenance of the networks by the energy company. Even when renting your networks on the high side, the company will receive its% on losses.
This, of course, is already beyond good and evil, MOESK is not MMM, but it's worth thinking about.
... A priori, it is assumed that SNT has networks (otherwise there is nothing to transmit)
... In the Moscow region, MOESK has a certain competitor in the face of the Moscow Regional Electric Grid Company - http://www.oaomoesk.com/
They are engaged in servicing networks in district centers, villages and towns of Mosk. areas.
It would be a stretch to call them that. Although they are a completely independent structure with their own networks. The site lists the areas they serve.
The transmission, in general, was possible in the Moscow region so far only to them, since for the development of its capacities, this small Moesk is ready to take even SNT Networks. Only the transfer procedure itself is complicated.
…These friends will take you only if your networks have a perspective in terms of new connections.
... They already receive their money from you, through their share in the electricity tariff (the transport component of the tariff), and take you now, (having no such prospect of new connections to the High Voltage Line) for them, only extra spending on the subsequent modernization of your internal networks.
... Networks accept any, since the more networks IDGCs have, the more losses are included in the tariff, and there is no need to put the networks in order and install meters for everyone, our IDGCs have such a policy to accept everything as quickly as possible, only the decision of the general meeting is needed, I can do that I don’t know exactly about Buryatia, as in other regions.
... Poorly searched. There is no specific document for everyone, the site is only for Buryatia. This apparently depends on the desire of the SO itself, our SO takes all networks, moreover, some even buy or rent such a policy from our SO, but I don’t know what is happening in your region and I can’t say that your networkers are just as ready to accept all networks as we have on any conditions. I won’t prove to you that everything is simple, don’t believe it, and don’t believe it, it remains only to regret that you were so unlucky with CO. Apparently, IDGCs have different policies in the regions.
… I still don't quite understand the details myself. Energosbyt seems to agree to buy networks from SNT, but he has no money. At the same time, he does not want to take the old networks.
There is a site souzsadovodov39.ru where you can read and ask in more detail.
... In general, the situation with the transmission of networks is both complex and simple. You can sell networks to an energy supply organization, but then there are difficulties with documents. You can recognize the networks as ownerless, then they will be automatically accepted for balance. The issue with the land on which the transformer substation and supports are located is not clear. And most importantly, it is not entirely clear whether they should be given away or not? Too many pros and cons.
... Most likely, IMHO, energy supply organizations, having received such a status, act on the basis of paragraph 4 of Art. 26 No. 35-FZ.
But whether they can acquire SNT networks, still not being network organizations, is unlikely: they operate within the framework of the TU of the network organization. Usually, SNT networks are acquired by network organizations of the second level.
…Today I spoke with a representative of the networks, who said that there is a government decision to transfer all small subnets, such as SNT, to MOESK within the next few years.
He convinced me that it was profitable. Tariffs will be rural, and payment through energy sales.
... Sales (guaranteeing supplier) of networks cannot have, by definition.
We need a network company (SO).
…That's how it happens. Energosbyt promises to take it with pleasure, but the jaw of the network sags from their promises ...
... In general, the situation has changed dramatically in 2 years: before, the networks were crippled by the three letters SNT, and the taperichas themselves offer to take the networks into balance. They already sent documents with protocols ... And in sales, when they say to transfer networks to them, they mean networks. They have a very close relationship with each other.
… We want to get rid of the networks that are on our balance - electric and gas. Can you tell me how to justify this to the local administration?
… Haven't done anything yet, just talked to local power grids. They do not want to take, they say it is unprofitable for them, because of the property tax. Say, let the administration accept it on its balance sheet and they will serve ...
…The way it is. So far, there is only one option - to convince the administration to recognize your networks as ownerless (built with public money), unless, of course, they are formalized in your country, as required by modern legislation.
…Another question? What networks did you use? It's just that in addition to federal networks - such as Northern, Western, in the Moscow region there are also regional (district), you have those that serve the Mytishchi region - MOESK, only the regional power grid.
... Good day to everyone! I can say for MO Domodedovo district and the branch of MOESK Southern Networks in Podolsk. We are ready to accept SNT networks in any form, the only condition is to bring all the meters to the poles at our own expense and provide a set of necessary documents.
... I am trying to transfer the constructed 0.4 kV network and transformer substation to the balance of networks. Received a refusal with the wording "your area is not promising from the point of connection of new subscribers"!
… All this is great when MOESK is interested in "pillars" and "sharing".
…Even if we assume that SNT networks are properly designed, their transfer, even for rent, will still be of interest to SO only in the event of the prospect of new large connections of new consumers. Otherwise, why is it SO? You yourself wrote - "they, as well as from their networks, receive their share from Energosbyt for transportation." SO needs perspective in terms of new connections. Somewhere like that.
And I wanted to say that people themselves often foolishly do not realize what they need for a normal life and why, in particular, transfer networks to the balance of SO.
... Over the weekend, a conversation took place with the chairman of the SNT.
It turned out she was afraid to give the network to MOESK because:
An easement will be imposed on our common land - and, like, it will no longer belong to the SNT.
Further, no one knows, but suddenly, in a couple of years, MOESK will take and sell the networks to some company, and it will already dictate tariffs ...
... Well, the last thing I will not argue with is that almost all electricity poles in gardeners' plots are not according to the rules. And no one will endure their capital fences for the sake of ephemeral happiness - to be on the balance sheet of MOESK.
And this means - hello new requisitions: about 1 million rubles for wires for 100 sections and about 400-500tr in total for a new substation if this one is covered with a basin after 30 years of operation
So it goes…
Question: The gardening partnership pays for electricity according to the meter. But after the counter, this is what: consumers + idling of the transformer + losses in the wires + theft. For this reason, the partnership is forced to approve an inflated "internal" tariff, otherwise it will simply not make ends meet.
Answer: From its gardeners, SNT (SPK, DSK, etc.) does not have the right to accept payments for consumed electricity at a tariff different from that established in the subject of the Russian Federation. If the SNT, represented by the chairman or the board, of the general meeting, decides on its own to establish a tariff at which it will collect money for the electricity consumed by gardeners, then this SNT commits at least two offenses for which criminal and administrative liability is provided. The FTS of Russia and the FAS Russia have already given official clarifications on this issue several times, information about the courts and prosecution of SNT on this issue is regularly published in the media.
It should be noted that the FTS of Russia also clarified at what rate gardeners should pay for the electricity they consume - at the rate for the urban population without electric stoves.
Losses that occur in SNT networks and transformer substations should be included in membership fees, and evenly distributed to all SNT members.
Question: The sound of a word is not higher than its meaning. It doesn't matter how we call it: "internal tariff" or tariff + a piece of the membership fee. The meaning remains the same, that is, gardeners pay for electricity used to heat wires, etc. They don’t attract people for terminology, the only exception is, perhaps, cases of insult.
Answer: There is only one difference - accounting for losses in membership fees is within the framework of the legislation, while approval by the meeting of the "internal tariff" is outside the framework. The Law "On the Electric Power Industry" 35-FZ clearly assigns the authority to set tariffs for electricity to the jurisdiction of the constituent entities of the Russian Federation. Terminology is very important. Write in the minutes of the meeting that you have set a "tariff" - break the law, exceed your authority.
Question: Including losses in wires in membership fees, in my opinion, is completely wrong. Then these losses, in equal shares, are paid by all members of the SNT. And those who are heated by three heating elements at once, and those who simply do not have electricity. This is injustice.
Answer: The power consumed by the consumer and the amount of losses are things that are not directly related. A house with a power consumption of 30 kW can be located 30 meters from the transformer, and the losses in the network section from the transformer to this house can be 0.1% of its consumption. And another house, which consumes power of 5 kW, may be located a kilometer from the transformer, and the losses from the transmission of electricity to this house will be 5%. According to the "internal tariff", the one who is not to blame for the formation of losses, but only to blame for the fact that he consumes electricity more than others, will have to pay for the losses that were formed from the supply of other consumers. Both options have pros and cons, so justice in this matter is a very conditional thing.
Question: Both methods of accounting for losses in the electrical networks of the partnership (including losses in membership fees or "internal" tariff) have their drawbacks. So, there is no ideal option for accounting for losses for horticultural partnerships?
Answer: It is possible to get away from the problems with losses that arise in the networks of horticultural associations.
1 option. The horticultural partnership transfers its electrical networks to the network company (sells, transfers under a lease agreement, etc.). Each member of the horticultural partnership (as a consumer) concludes an energy supply agreement with a guaranteeing supplier (an energy retailer that serves the given territory), and independently pays for its consumption according to the readings of its meter. In this case, the gardening partnership does not pay for anything at all, the network company itself maintains the electric network transferred to it. Losses of electricity in the network in this case are taken into account in the tariff for electricity transmission services for the grid company.
Option 2. The horticultural partnership submits an application to the executive authority of the subject of the Russian Federation in the field of state regulation of tariffs, to establish a tariff for electricity transmission services, receives such a tariff for its networks. In the future, a grid company superior to the horticultural partnership will pay the horticultural partnership at this tariff for the transmission of electrical energy through SNT networks to gardeners' houses. In this case, electricity losses will be taken into account as part of the costs when calculating the tariff for electricity transmission services. Each SNT member in this option also enters into a direct contract with a guaranteeing supplier serving the given territory, and pays the guaranteeing supplier for its electricity consumption directly, according to its meter readings.
Question: Do I understand the second option correctly, that gardeners pay the energy sales at a tariff, and the energy sales, at the same time, also return part of the money to gardening for transmitting electricity through the partnership network to the house of each of the gardeners? But the energy market will not like this.
Answer: You understand correctly, and the sales company does not care at all. Because the sales company already pays for the transmission services provided by the network companies. Now in each region there is a "boiler" scheme of payments for services for the transmission of electrical energy. Sales companies collect money from consumers (for example, 4 rubles per kWh), pay the cost of generating electricity to the electricity market (say, 2 rubles out of 4) and the “boiler holder” in the region (the largest grid company) for transmission services ( 1.5 rubles out of 4). Of the cost of 1 kWh (4 rubles), the remaining 0.5 rubles. - this is the money of the sales company (sales allowance of the supplier of last resort). The “boiler holder”, which receives payment from all distribution companies for all services of all network companies in the region (at a single “boiler” tariff), keeps part of the money received from sales for itself (for the maintenance of its power grids), and transfers part to other network companies that they stand below it along the lines. In the simplest version, the scheme looks exactly like this. I must say that our country is huge, and in different regions the above scheme may become more complicated, look different, but the essence will remain the same.
Question: If the partnership receives a transmission tariff, then horticulture is an electric grid organization. Is it permissible to consider a gardening partnership in such a status?
Answer: On the question of whether gardening can be called an electrical grid, I answer that it is possible. The legislation refers to a network company providing electricity transmission services to any person (including an individual or an entrepreneur without forming a legal entity) that owns or disposes of electric grid facilities (and these are networks, transformer substations and distribution substations) on the basis of the law established by law, through which electrical energy is supplied (flows) to other persons (any, i.e. both individuals and legal entities). That is why, from the point of view of antimonopoly legislation and legislation on state regulation of tariffs, if horticulture owns networks and a transformer substation, horticulture is a network company with all the rights and obligations that follow from this.
Question: The power grid organization must also issue technical conditions for technological connection. Law 66 does not provide for any specialists in electricity in horticulture. How will the chairman of the board draft these specifications? Every second chairman, puzzled by such a topic, will get a nervous breakdown.
Answer: Yes, when contacting a consumer who wants to connect to SNT networks, SNT will be obliged to issue technical specifications to such a consumer. Moreover, an individual with a connected power of up to 15 kW will have to be connected for 550 rubles, by virtue of the law. If SNT evades issuing technical conditions, I would recommend immediately contacting the territorial body of the FAS Russia so that this issue is resolved within the framework of the law.
If there is not enough capacity of the transformer substation, the legislation establishes the procedure for increasing the capacity of substations. From January 1, 2011, all costs for increasing the capacity of substations are compensated at the expense of tariffs for electric power transmission services, by coordinating investment programs and their implementation by grid organizations in the manner established by the Government of the Russian Federation. In addition, shortfall in income of grid companies from providing preferential terms for connecting consumers with a connected capacity of less than 15 kW should also be taken into account in the tariff for electricity transmission services.
Regarding the fact that the chairmen do not want to deal with this, this is a separate topic for discussion. In our country, to my regret, very often the chairmen of garden associations are professionally unsuitable for the performance of their duties. However, the law is the same for all, and it must be observed. Otherwise, we are doomed to vegetate in the form in which most SNTs are now: no documents for land, no normal roads and electricity, a complete mess with finances and various frauds.
In my understanding, CNT, like any other organization, requires good management, and my gardening experience confirms that CNT can exist without the problems of collecting electricity bills, stealing electricity, normal roads, and for all this, members do not pay crazy money .
Question: Suppose a member of the partnership comes to the board, who did not pay the target contribution for the poles. The board and it is obliged to connect for 550 rubles? And I'm not talking about an individual who is not a member of the partnership, I'm talking about a non-paying member.
Answer: Yes, it is. And even if a person comes from outside, he must connect. From my point of view, the board should rejoice, as there is a real opportunity to increase the capacity of the association's transformer substation. After all, if a partnership has a transmission tariff and receives funds from this tariff for the maintenance of its networks, the emergence of a new consumer is an ideal basis for launching the procedure for agreeing on an investment program. After the investment program is agreed and included in the transmission tariff, SNT will have funds to increase the capacity of the substation. Moreover, not at the expense of the purse of gardeners, but at the expense of the tariff for the transmission of electricity.
Question: Can a horticultural partnership be both a power grid and a consumer at the same time? It turns out that when gardeners converge, they are the power grid, and when they disperse, they are consumers. This is straight up a hoax.
Answer: It is possible to be a consumer and a network company at the same time. Many large and medium-sized enterprises simultaneously combine both of these statuses, since electrical energy flows to other consumers through their electrical networks and substations, while they themselves simultaneously consume electrical energy for their production needs.
Question: Are gardeners entitled to enter into contracts with energy sales companies for the consumption of electricity on their own behalf? Or is it only a horticultural partnership, as a legal entity, that can conclude such an agreement with the energy sales company?
Answer: According to the FAS Russia, if the decision to conclude an energy supply agreement was made at a general meeting or a meeting of the board, and this decision is recorded in the minutes of this meeting, then gardeners are not entitled to conclude a direct contract with sales. If such a decision is not reflected in the minutes of meetings or boards, he has the right. A gardener who has left the horticulture membership has the right to conclude a direct contract with the market or to settle this issue within the framework of an agreement with horticulture. But there is a hidden pitfall here.
To conclude a direct contract, the gardener must submit for sale:
- two energy supply contracts filled out by the gardener (consumer) and signed by him (the form is written, there are sample forms on the sales sites, you can take the form in the sales itself for free);
- a project for the energy supply of a house (plot) agreed upon by the network company to which the consumer is connected (in our case, agreed with SNT), indicating the connected capacity, to which an act of technological connection to networks signed between the gardener and SNT, as well as an act of delimiting the operational responsibility and balance sheet, signed by the gardener and SNT, the acts indicate the type, model, serial number and readings of the meter standing by the gardener;
- the conclusion of the state energy supervision (rostekhnadzor) that the power receiving devices comply with safety requirements (given by the inspector who comes upon application).
The sales company (guaranteeing supplier) does not have the right to refuse to conclude an agreement with a consumer - an individual. After receiving the above documents, the sales company within 15 days is obliged to send to the consumer 1 copy of the energy supply agreement signed on its part. If not, you can apply to the territorial subdivision of the FAS Russia, the legislation establishes significant fines for the supplier of last resort's evasion from concluding an agreement.
Question: Somewhere on the Internet I read about a gardener (or even a group of gardeners) who wished to conclude a direct contract. Energosbyt did not even object, but made it a condition to install a telemetric meter. Since the telemetry meter turned out to be expensive, the matter stopped.
Answer: The requirements of the sales companies to install any meters, with or without a GPRS channel, or allowing remote readings, are an unauthorized initiative of the sales companies, not based on legal norms. Electric energy meters are certified for use on the territory of the Russian Federation by the authorized government body, and not by sales companies. The consumer himself has the right to decide which counter to install, depending on his financial situation. The main thing is that the electric meter must be certified by the authorized body, which will definitely be indicated in the meter's passport.
Question: Controllers will go crazy looking for metering devices installed, in fact, without an address. It seems that the requirement of the energy sales company for the installation of telemetric meters by gardeners who want to conclude contracts with the energy sales company directly is legitimate.
Answer: Each property has an address. And for your garden plot, it is also there, and is registered in your land documents. Moreover, local governments have long been assigned a postal address at the request of any property owner. How the controllers of the sales company will take the readings is the problem of the sales company. It receives a tariff (sales allowance) for its activities, the calculation of which also takes into account the costs of paying controllers, traveling by car, and buying these cars. The vast majority of sales companies complain about their financial situation, but if you look at their financial statements on their official websites, you can find that they are very profitable. I would even say that they are very, very profitable.
In most regions of the country, since January 1, 2011, tariffs have been regulated only for the population, and for other consumers, market prices, and this further improves the financial position of energy companies, including sales companies.
Question: Even a gardener who has left the partnership, he is, as it were, still attached to gardening, because a special law is applied in gardening affairs - FZ-66. And it says that an individual gardener uses common property for a fee. For the use of the electricity network, the individual pays to gardening, and for electricity - to sales. It turns out that the individual pays twice, and he fails to achieve happiness.
Answer: Federal Law 66-FZ regulates only the activities of horticultural associations of citizens, it does not regulate legal relations in the areas of electric power, state regulation of tariffs and control of natural monopolies. At the same time, it should be noted that the provisions of 66-FZ in no way contradict the legislation in these areas.
In case of concluding a direct contract with sales for the use of the partnership's power grid, the individual does not have to pay anything to the partnership! The individual pays the electricity supply company for the consumed electricity at the final tariff, which includes everything: the cost of generation, the cost of transmission services and the sales margin of the last resort supplier (sales company). And the sales company is obliged to regulate all relations with network companies itself.
SNT, which owns networks, and in the case of an individual, itself has the right to decide whether it wants to receive a tariff for the transmission of electricity and already at the expense of this tariff maintain its electrical networks, or not to receive a tariff for transmission services, and, accordingly, not to receive and money for their services, i.e. independently, at their own expense, maintain their networks, and provide services for the transmission of electric energy for free.
Andrey Gromov answered the questions,
member of the board of SPK "Rodnichok", Moscow region.
Questions were asked by D. Okhapkin
February 2011
This is a rebuke to one comrade who seriously set out to sue horticulture (not being a member) for refusing to make a technological connection:
A horticultural non-profit partnership is a non-profit organization and, accordingly, cannot act as an economic counterparty in an energy supply or technological connection agreement. Also, there is no documentary evidence that SNT. is the owner or balance holder of the electrical facilities.
The terms of the Energy Supply Agreement no. between horticulture and the guaranteeing supplier JSC "Petersburg Sales Company" limit contractual values of power consumption are established and at the same time it is stipulated that horticulture has the right to change the power in excess of the network limit only with the prior consent of the guaranteeing supplier and subject to the fulfillment of the technical conditions of the network organization and the guaranteeing supplier. Thus, horticulture is not entitled, in the absence of technical conditions and without the consent of the guaranteeing supplier, to connect new consumers to the power grid, since such connection will entail a violation of the terms of the agreement on the maximum capacity allocated to horticulture. Annex to the Agreement no. it was found that the limiting contractual values of power consumption are 160 kVA.
Taking into account the existing loads, there is no free capacity in SNT, the connection of a new consumer will entail a shortage of capacity and taking measures to increase it. Citizens residing on the territory of horticulture and running households on an individual basis can consume electrical energy in the amount determined for members of the SNT and those who left the SNT members. The consumption of electricity in a larger amount may lead to a malfunction of the electrical substation, which provides electricity to all land plots located on the territory of the SNT.
The contract for technological connection for the purpose of supplying power to your power receiving device within the limits of the connected capacity declared by you according to the 3rd category of reliability of the power supply of the object, determined by the individual technical conditions for connection, must be concluded with you by the grid organization - the branch of JSC "Lenenergo" "Vyborg Electric Networks" (Roshchinsky RES) . In itself, the possibility of using even a member of the partnership of the engineering networks of the horticultural partnership cannot be regarded as a circumstance that exempts the grid organization from the need to consider its application for technological connection in accordance with the Rules for technological connection of consumers' power receiving devices. The SNT cannot be assigned duties that are not characteristic of its functions and tasks, namely, to take actions to actually connect the facility to the power grid, that is, a set of technical and organizational measures that ensure their physical connection (contact).
A horticultural or dacha non-profit association of citizens cannot be a network organization, since it is not an economic entity and does not carry out the corresponding type of licensed economic activity. Electricity consumption by all gardeners and individual gardeners in SNT. is accounted for by a commercial meter installed in switchgear-0.4 kV in TP-. on which settlements are made between SNT and the guaranteeing supplier.
SNT, through the power grids of which the power receiving device of a consumer who is not a member of the SNT, is indirectly connected to the power grids of the grid organization, does not have the right to prevent the flow of electricity through SNT facilities for such a consumer. After the implementation of technological connection in the manner prescribed by the Decree of the Government of the Russian Federation of December 27, 2004 No. No. 861, you have the right to consume energy from horticultural networks, compensating horticulture for the corresponding costs.
The contract that will be concluded between SNT and you for this purpose must include the condition that you pay for the consumed electricity monthly according to an individual meter with a mandatory additional payment to compensate for losses in the amount established by Appendix 3.1 to the contract between SNT and the guaranteeing supplier. Another condition will be your obligation to freely allow a person authorized by the SNT board to take control readings of your individual meter.
Article 10 of the Federal Law of July 26, 2006 No. No. 135-FZ "On Protection of Competition" prohibits actions (inaction) of an economic entity occupying a dominant position, the result of which is or may be the prevention, restriction, elimination of competition and (or) infringement of the interests of other persons, including the following actions (inaction), including: — economically or technologically unjustified refusal or evasion from concluding an agreement with individual buyers (customers) if there is a possibility of production or supply. Thus, the refusal (evasion) of the Roshinsky Distribution Zone of the branch of JSC "Lenenergo" "Vyborg Electric Networks" from concluding an agreement with you for technological connection will be a violation of paragraph 5 of part 1 of Article 10 of the Federal Law "On Protection of Competition".
According to the clarifications of the Federal Antimonopoly Service of the Russian Federation (“Journal of the Head and Chief Accountant of Housing and Public Utilities”, No. 11, 2010, Part II), on issues related to technological connection to electric networks, an individual who is a member of a gardening partnership can independently apply to a network organization with an application for technological connection, while the obligation to resolve issues related to indirect connection to electric networks lies with the grid organization (clause 25.1 of Decree of the Government of the Russian Federation No. 861).
Thus, the conclusion of an agreement between you and SNT to pay for electricity consumption through the cash desk and SNT settlement account is possible if you fulfill the technical conditions for connecting the power receiving device to existing energy networks, which must be certified by the state energy supervision authorities.
By virtue of Article 3, Clauses 2 and 3 of Article 26 of the Federal Law “On the Electric Power Industry”, electric power transmission services are a set of organizational and technologically related actions, including operational and technological management, ensuring the transmission of electric energy through the technical devices of electric networks in accordance with with mandatory requirements. The provision of services for the transmission of electrical energy is carried out on the basis of a public contract paid services. A party to a public contract that is obliged to conclude it, and which can be sued for compulsion to conclude it, is (mandatory) a commercial organization (Article 426 of the Civil Code of the Russian Federation).
http://snt-forum.ru/forum. &t=350&start=10
. “The rules for the application of judicial precedents are formulated in the decision of the Constitutional Court of the Russian Federation dated January 21, 2010 N1-P, and they are as follows:
1) as a general rule, a judicial precedent extends its effect (legal force) only to the future;
2) courts have the right to give retroactive effect to their precedents, but this requires a special indication of retroactive effect in the text of the relevant judicial act;
3) a ban has been introduced on giving retroactive effect to judicial precedents that give an interpretation of tax law that worsens the rights of taxpayers;
4) a prerequisite for the applicability of a judicial precedent in a particular case is the similarity of the actual circumstances of the case under consideration and the case on which the judicial precedent is formulated. That is, in order to resolve the issue of the applicability of a particular judicial precedent in a particular tax dispute, it is necessary to verify the similarity of the actual circumstances of the relevant court cases. Otherwise, there is a risk of error in applying the precedent.
SOLUTION
In the name of the Russian Federation
March 16, 2012 Oktyabrsky District Court of Tomsk.
Thus, the court found that power lines and a transformer substation, from which it is necessary to obtain technical conditions for the subsequent technological connection of power receiving devices (plaintiff's garden house), in this case are located on the territory and under the jurisdiction of SNT [. ] and are intended to meet the needs of the members of the partnership in power supply, respectively, these objects of the electric grid economy belong to the property of the general use of the partnership and therefore are jointly owned by the members of the gardening partnership.
“By virtue of the provisions of paragraph 2 of the “Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services”, a horticultural partnership is a grid organization that is obliged to carry out in the prescribed manner the technological connection of power receiving devices (power plants) of individuals - members of the partnership to electric networks , as well as to conclude contracts for the provision of services for the transmission of electrical energy using electric grid facilities.
http://snt-forum.ru/forum/viewtopic.php?f=11&t=350
. Moscow. region OFAS has finally made a decision on our case, which was initiated back in February!”
. “The case was heard 7 times, in addition to the defendant (MOESK), JSC Mosenergosbyt, Rostekhnadzor and SNT Novo-Vasilyevskoye were also involved in the case (at the request of the defendant).
Text of the operative part:
1. The case against the defendant should be terminated due to the absence of violations.
2. The Commission found that the applicants were previously technologically connected to the MOESK networks indirectly through the SNT networks and were disconnected from the power supply mechanically.
3. Oblige SNT to restore the power supply to the applicants. Transfer the material about the illegal disconnection to the prosecutor's office of the Moscow Region and the Central Internal Affairs Directorate in order to bring the perpetrators to justice.
4. Applicants have the right to apply to the supplier of last resort with an application for the conclusion of direct energy supply contracts in the manner and within the time limits established by law.
5. In order to compensate for the costs of operating networks, SNT has the right to apply to the regional commission for tariffs to establish a transmission tariff.
6. The decision may be appealed in court. The term of appeal is 3 months. from the date of receipt of the final decision.
Doesn’t it follow from the above that SNT becomes a network organization only for its members and citizens who are engaged in horticulture, horticulture or dacha farming individually on the territory of a horticultural, horticultural or dacha non-profit association (Article 8 of the Federal Law-66), because . Is the infrastructure built or being built at their expense and the flow of electricity is carried out taking into account the allocated capacity for each land plot in accordance with the power supply project?
MINISTRY OF ENERGY OF THE RUSSIAN FEDERATION
LETTER
In pursuance of the instructions of the Government of the Russian Federation dated August 31, 2016 N DM-P11-5236 (paragraph 3), dated December 20, 2016 N AD-P9-7781, we inform you about the development of the Ministry of Energy of Russia, together with the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia, of unified recommendations on the procedure for transferring power grid facilities owned by horticultural, gardening and dacha non-profit associations of citizens to the balance of territorial grid organizations on a voluntary basis (hereinafter referred to as recommendations, SNT, TSO), with the participation of executive authorities of the Tyumen and Moscow regions, as well as PJSC Rosseti .
At present, the issue of ensuring the reliability of the supply of consumers located in the territories of SNT with electric energy, as well as compliance with the requirements for its quality, continues to be acute. Practice shows that often SNT electric grid facilities are extremely worn out, are in substandard technical condition and require reconstruction and implementation of measures aimed at ensuring compliance with the requirements of the rules for the installation of electrical installations and the rules for technical operation, the requirements for the boundaries of the security zones of electric grid facilities and the organization of an accounting system electrical energy.
In accordance with the foregoing, please bring the recommendations to the SNT and TSO of your region and, together with local authorities, provide assistance to SNT that have expressed a desire to transfer their power grid facilities to the balance of TSO, including the execution (restoration) of documents confirming ownership or other legal the right to power grid facilities and the land plots on which they are located, as well as to ensure that economically justified costs for the operation of SNT power grid facilities transferred to the balance of TSOs are taken into account in full when setting tariffs for the provision of electricity transmission services.
A.V. Novak
Application. Uniform recommendations on the procedure for transferring power grid facilities owned by horticultural, horticultural and dacha non-profit associations of citizens to the balance sheet of territorial grid organizations on a voluntary basis
Application
Uniform recommendations on the procedure for transferring power grid facilities owned by horticultural, horticultural and dacha non-profit associations of citizens to the balance of territorial grid organizations on a voluntary basis (hereinafter referred to as recommendations, SNT, TSO) have been developed in order to facilitate the transfer of power grid facilities of SNT to the balance of TSO and improve reliability power supply to consumers, as well as the quality of electrical energy in accordance with the requirements of technical regulations and other mandatory requirements.
Recommended sequence of actions when transferring SNT power grid facilities to the balance of TSO
1. Sending SNT to the address of the TSO, to the electrical networks of which the SNT power grid facilities are technologically connected, proposals for the acquisition of electrical networks located within the boundaries of the SNT.
The proposal is sent in any form, indicating the information and characteristics of power grid facilities (length of overhead and cable power lines by voltage classes, number and rated power of power transformers, etc.), contact information, with copies of documents (if any) specified in Appendix N 1 to the recommendations.
2. Conducting a joint on-site technical inspection of SNT electrical networks with an inventory of SNT electrical grid facilities:
- suitable for operation without the need for their reconstruction;
- suitable for operation subject to the possibility of their reconstruction;
- unsuitable for operation due to the impossibility of their reconstruction due to the location of facilities on public land plots in hard-to-reach and inaccessible places, on land plots owned by third parties;
- ownerless networks located within the boundaries of SNT.
During a technical inspection, as a rule, the condition of electric grid facilities is assessed in accordance with Appendix No. 2 to these recommendations.
3. Formation of a list of SNT electrical networks that can be transferred to the balance of TSOs, excluding networks that are unsuitable for operation, and registered as ownerless.
4. Sending recommendations to the SNT from the TSO regarding networks that are unsuitable for operation at the time of the survey, depending on the reasons (indication of objects for the service of which land plots should be allocated, indication of ownerless objects for which registration of rights is required).
5. TSO definition of the form of a civil law contract providing for the transfer of SNT power grid facilities to the TSO balance (donation agreement, long-term lease agreement, sale and purchase agreement, future real estate purchase and sale agreement).
6. Adoption of the decision by the SNT to hold a general meeting of members (meeting of authorized persons) of the SNT in the manner established by the Federal Law of April 15, 1998 N 66-ФЗ "On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens".
7. Holding a general meeting of members (meeting of authorized persons) of the SNT.
The agenda of the general meeting of members (meeting of authorized persons) is determined individually for each SNT, depending on:
- type of ownership of the alienated property (joint ownership of SNT members or property of SNT as a legal entity);
- the type of grounds for the use of land plots on which alienated power grid facilities are located (property or permanent perpetual use);
- types of alienated real estate objects (power grid facilities and land plots under them or only power grid facilities).
The TSO provides advisory support for the formation of the agenda and the draft protocol of the general meeting of members (meeting of authorized persons) of the SNT in order to indicate in the minutes all the essential terms of the agreement providing for the transfer of electric grid facilities of the SNT to the balance of the TSO, as well as indicate the actions that need to be taken by the SNT to conclude such an agreement .
8. Carrying out SNT actions and work necessary to conclude an agreement for the transfer of SNT power grid facilities to the balance of TCO, including (if necessary):
- performance of actions necessary for registration of ownership of land plots under power grid facilities;
- for ownerless power grid facilities - registration of property rights, including in court;
- for power grid facilities unsuitable for operation - the implementation of a set of measures to bring them to a condition suitable for further operation or create conditions for the possibility of their reconstruction (in the case of an unsuitable location of facilities).
The subject of the contract for the sale of future real estate should be the transfer of electric grid facilities to TSOs, the rights to which are not registered. The terms of this agreement provide:
- obligations of SNT to register ownership rights to transferred objects and to allocate land plots under objects (in the absence of rights to land plots under objects, registration of rights to land plots is also provided);
- obligations of SNT for the subsequent transfer of registered objects to the balance of TSOs and the transfer to the possession and (or) use of TSOs of land plots formed under these objects.
9. Sending to the TSO the minutes of the general meeting of members (meeting of authorized persons) of the SNT, documents and information necessary for concluding an agreement providing for the transfer of electric grid facilities of the SNT to the balance of the TSO.
10. Preparation of TSO package of documents for the transaction.
11. Conclusion of an agreement providing for the transfer of SNT power grid facilities to the balance of TCO.
12. When concluding a contract for the sale of future real estate - the fulfillment by SNT and TCO of the conditions provided for in this contract.
13. Signing of the Act of acceptance and transfer of real estate (power grid facilities and land plots under them).
14. Registration of the rights of TSOs to acquired power grid facilities and the establishment of security zones in accordance with the Decree of the Government of the Russian Federation of February 24, 2009 N 160 "On the procedure for establishing security zones of power grid facilities and special conditions for the use of land plots located within the boundaries of such zones" .
Appendix N 1. Recommended list of documents sent by SNT to the TSO when transferring electric grid facilities to the balance of the TSO
Appendix No. 1
1. Constituent documents.
2. Certificate of state registration of a legal entity, extract from the Unified State Register of Legal Entities (date of issue no more than 2 months).
3. Confirmation of the powers of the sole executive body.
4. An act of delimitation of the balance sheet ownership and operational responsibility of the parties, and in its absence, the following documents are allowed to be provided: an act of allowing the electrical installation to be put into operation, technical specifications and an act of their implementation, a construction contract with acts of putting objects into operation, passports for equipment, a project and estimates, an agreement purchase and sale of an object, an energy supply contract.
5. Minutes of the general meeting with a decision on the transfer of electric grid property to the TSO on the basis of ownership or other legal right in accordance with the requirements of the charter (annexes to the minutes: list of transferred property, list of actually powered consumers).
6. Documents confirming the ownership or other legal right to power grid facilities.
7. Scheme of the SNT land plot indicating the location of power grid facilities, as well as points of technological connection to TSO networks.
Annex N 2. Assessment of the state of power grid facilities of SNT
Appendix No. 2
Overhead power lines 0.4 and 6-20 kV:
The condition of wooden, reinforced concrete and metal supports (rotting of wood, cracking of concrete racks and attachments, condition of reinforcement, condition of braces, etc.);
- the state of spans of overhead lines (long spans, non-compliance with the size of the wire, non-observance of the distance from the wire to buildings, non-observance of the distance from the carriageway);
- condition of the route of overhead lines (width of the route, thickets of trees and shrubs);
- the condition of the bare wire (twisting, connections, fluffing, wire breaks, etc.);
- the state of the self-supporting insulated wire (SIP) (fastening, connections, insulation condition, etc.);
- condition of insulators (chips, cracking of insulators, unsatisfactory condition of hooks and traverses);
- the state of lightning protection devices, grounding slopes and ground loops (lack of arresters, surge arresters, spark gaps, no repeated grounding on 0.4 kV overhead lines);
- the state of disconnectors and sectional switches of overhead lines.
Cable power lines 0.4 and 6-20 kV:
The condition of the cable and cable boxes (lack of as-built and technical documentation, laying diagrams, results of high-voltage tests of cable insulation).
Transformer stations 6-20/0.4 kV:
State of the protected zone of the TP (thickets of trees and shrubs);
- condition of the fencing and structures of the transformer substation (lack of fencing, service platforms, condition of the foundation, corrosion of structures and hulls, lack of doors and locks);
- condition of the transformer (lack of as-built and technical documentation, results of high-voltage tests of cable insulation and oil analysis, low oil level, oil leaks, casing corrosion);
- the condition of the equipment of 6-20 kV switchgear and 0.4 kV switchgear (inlets, bushings and support insulators, current-carrying tires, disconnectors, knife switches, circuit breakers, surge arresters, arresters, etc.);
- state of the ground loop of the transformer substation 6-20/0.4 kV.
Electronic text of the document
prepared by Kodeks JSC and verified against:
official website of the Ministry of Energy of Russia
http://minenergo.gov.ru
as of 09/01/2017