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Operational Process Management and Operational Dispatching Management in Electrical Energy Industry: Practical Issues of the Correlation of Concepts
 
PIIS231243500022358-1-1
DOI10.18254/S23124350021649-5
Publication type Article
Status Published
Authors
Vladimir V. Prokhorenko 
Affiliation:
JSC SO UES
Kutafin Moscow State Law University
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 3
Pages56-59
Abstract

The similarity of the terms “operational process management” and “operational dispatching management in the electrical energy industry” in practice often leads to an inaccurate definition of the contents of these concepts. This, in turn, creates a risk of imbalance in the distribution of areas of responsibility between the electrical energy industry entities as a result of improper application of the legal structures established by law. The essence of dispatching (ODM), in general, is the management of the process conditions of the energy system operation by determining and controlling the process conditions of individual facilities most significant for the energy system. The significance of electrical energy industry facilities for the energy system regime is determined by the System Operator independently and is formalized by including such facilities in the list of dispatching facilities. Meanwhile, OPM are measures taken by the electrical energy industry facility owner, expressed in planning and managing the process conditions of operation of the electrical energy industry facilities owned by it, changing their operational state, and preparing for the repair work. Legislative norms should not allow conflicting interpretations in order to avoid situations where law enforcement authorities make decisions that affect not the area of law, but the area of technological processes, which, of course, is both unjustified and highly risky.

Keywordsenergy law, operational dispatching management in electrical energy industry, operational process management in electrical energy industry
Received12.07.2022
Publication date30.09.2022
Number of characters14248
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1 The similarity of the terms “operational process management” and “operational dispatching management in the electrical energy industry”, as well as the corresponding definitions given in Federal Law No. 35-FZ dated of March 26, 2003 “On the Electrical Energy Industry” (the “Electrical Energy Industry Law”), in practice often leads to an inaccurate definition of the contents of these concepts. This, in turn, creates a risk of imbalance in the distribution of areas of responsibility between the electrical energy industry entities as a result of improper application of the legal structures established by law.
2 An example of the confusion of the concepts under consideration is the situation that developed during the proceedings in one of the cases in the Commercial Court of the Chuvash Republic (A79-12408/2020) [2].
3 The case summary is as follows. The branch of the System Operator, in the course of exercising its functions of operational dispatching management in the electrical energy industry, excluded a number of electric grid facilities owned by the Joint-Stock Company from the System Operator’s dispatching facilities. By virtue of Article 12(1)(2) of the Electrical Energy Industry Law a System Operator is a designated company that solely exercises centralized operational dispatching management within the Unified Energy System of Russia (when a technologically isolated territorial electrical energy system is connected to the Unified Energy System of Russia in the cases established by the Russian Government and during the transition period determined by the Russian Government also within the corresponding technologically isolated territorial electrical energy system) and authorized to issue operational dispatching commands and orders that are mandatory for electrical energy industry entities and consumers of electrical energy that affect the electrical energy mode of operation of the electrical energy system.
4 It is worth recalling that the inclusion of electrical energy industry facilities in the list of dispatching facilities of the System Operator is regulated by Clause 9 of the Rules for Operational Dispatching Management in the Electrical Energy Industry, approved by Russian Government Decree No. 854 dated December 27, 2004 (the “ODM Rules”), whereby each dispatch center of the system operator determines the transmission lines and equipment of electrical grids with a 35kV Voltage Class and above, equipment of electrical energy stations, relay protection and automation devices, communication channels, other equipment located at the specifies electrical energy facilities (including electrical energy facilities owned by consumers of electrical energy), the process conditions of operation and the operational condition of which affect or may affect the electrical energy mode of the energy system in the operating area of the respective dispatch center and in relation to which it exercises dispatch management or dispatch maintenance, and includes them to the dispatch center’s list of dispatching facilities.
5 The inclusion of electrical energy industry facility in the dispatch center’s list of dispatching facilities allows the System Operator to take into account the mode of its operation when calculating and planning the operating modes of the energy system as a whole and limits the powers of the owners to freely change the process conditions of the facility operation and its operational state. Such a change occurs only on the dispatch command of the dispatch center or in agreement with it (Article 14(1)(6) to (8) of the Electrical Energy Industry Law, Clauses 10, 21 of the ODM Rules, Clause 41 of the Process Operation Rules for Electric Energy Systems, approved by Russian Government Decree No. 937 dated August 13, 2018, hereinafter the “POR”).
6 Since the System Operator manages the process conditions of operation of electrical energy facilities in order to ensure the reliable functioning of the energy system as a whole, it does not manage the modes of operation of facilities that do not affect the electrical energy regime of the energy system.
7 At the same time, the influence of the process conditions of the facility operation or its operational state on the electrical energy mode of the energy system is not constant and may change due to changes taking place in the energy system, the commissioning of new electrical energy facilities and power receivers or their decommissioning, growth or reduction in electrical energy consumption, etc. Therefore, the dispatch center’s list of dispatching facilities is reviewed in view of the changed conditions.
8 The liquidation manager of the Joint Stock Company considered that the exclusion of electric grid facilities from the list of dispatching facilities and the subsequent termination of the provision on the relationship between the Joint Stock Company and the System Operator violated the rights of the Joint Stock Company, as it imposes on it the obligation to carry out operational process management and bear, as a consequence, unreasonable expenses, and filed an application with the commercial court to recognize the System Operator’s actions as illegal and to grant an interlocutory injunction in the form of imposing the obligation on the System Operator to include the Claimant’s electric grid facilities in the System Operator’s list of dispatching facilities. The injunction motion was satisfied by the court.

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1. Mezhdunarodnaya nauchno-prakticheskaya konferentsiya v ramkakh Moskovskogo yuridicheskogo foruma «Musinskie chteniya». 2022 [International Scientific and Practical Conference within the framework of the Musin Readings Moscow Legal Forum, 2022]. Energy Law Challenges. Available at: https://musinlc.ru/g2022/  (in Russian)
2. Court Orders in case No. A79-12408/2020. Available at: https://ras.arbitr.ru/  (in Russian)
3. State Standard R 57114-2016. National Standard of the Russian Federation. Unified Energy System and Isolated Energy Systems. Electrical Energy Systems. Operational Dispatching Management in Electrical Energy Industry and Operational Process Management. Terms and Definitions (approved and put into effect by Order of Rosstandart No. 1302-st dated October 4, 2016) (Clause 3.63). Moscow, Standartinform Publ., 2016. (In Russian)
4. Federal Law No. 174-FZ, dated June 11, 2022, “On Amendments to the Federal Law ‘On the Electrical Energy Industry’ and Certain Regulations of the Russian Federation”. Official Internet Portal of Legal Information. Available at: http://pravo.gov.ru  (Accessed June 11, 2022)

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