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Challenging Aspects of Legal Regulation of the Coordination of Public and Corporate Administration Measures in Energy Saving and Raising Energy Efficiency in the Power Grid Complex
 
PIIS231243500022403-1-1
DOI10.18572/2410-4396-2021-2-83-87
Publication type Article
Status Published
Authors
Mikhail S. Gorshkov 
Affiliation: Kutafin Moscow State Law University (MSAL)
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 2
Pages83-87
Abstract

The modern modernization of the fuel and energy complex across the globe is focused on the development of the use of renewable energy sources as well as energy saving and raising energy efficiency. Unfortunately, the level of energy intensity of production in the Russian Federation lags behind the one of the world's leaders by several times (from 1.2 to 4). The Energy Strategy of the Russian Federation until 2035 approved by Order of the Government of the Russian Federation No. 1523-р of June 9, 2020, stipulates that, among the the key measures for the development of energy saving and raising energy efficiency, there are the improvement of the regulatory framework as well as the updating of the existing and the introduction of new energy management systems in accordance with the requirements of ISO 50001:2018 standard. At the same time, the tasks in this area cannot be fully accomplished without coordination of actions of government authorities and corporate governance bodies.

This article analyzes the legal framework for energy management as a modern method of corporate governance in the energy saving sector on the example of Interregional Distribution Grid Company of Center, PJSC, and brings forward proposals for the development of legal regulation in the field of energy saving and raising energy efficiency in territorial grid companies at the level of the constituent entities of the Russian Federation.

 

Keywordsenergy law, energy legislation, energy efficiency, energy management system, corporate governance, power grid complex
Received01.06.2021
Publication date30.06.2021
Number of characters12561
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1 In recent years, the tendencies of the world economy are strongly tied to raising energy efficiency and energy saving in the use of energy and fuel resources, thus, the reduction of energy resource consumption, production prime cost and ensuring a decrease in the energy intensity of the economy are pressingissues of the global economy.
2 V.V. Romanova correctly refers legal regulation of public relations in the field of energy saving and energy efficiency to the tasks of the energy law and order as the most important mechanism for fulfilling the necessary conditions for ensuring energy security. [1]
3 Raising of energy efficiency is secured by a set of measures, which include management (such as improving the management system), other organizational, technical, information, marketing and investment measures.
4 The improvement of the management system stipulates a chain of consecutive actions that are implemented in close cooperation with government authorities and under their direct control.
5 The State Report on the Status of Energy Saving and Raising Energy Efficiency in the Russian Federation 2020 prepared by the Ministry of Economic Development of the Russian Federation (hereinafter referred to as the «Ministry of Economic Development of Russia») points out that the current rate of increase in the energy efficiency of the economy in Russia are behind the world’s average rates, therefore, the Ministry of Economic Development of Russia developed a set of measures ensuring 30% decrease of the energy intensity of GDP by 2030. [2] The Ministry of Economic Development of the Russian Federation mentions the lack of organization and coordination among the obstacles to raising energy efficiency in the Russian Federation.
6 In this regard, it becomes clear that it is impossible to carry out an effective state policy in the field of energy saving and energy efficiency without the development of corporate management of companies.
7 In the study of the challenging aspects of legal regulation for the use of energy saving technologies, V.V. Romanova notes the expediency of applying corporate legal regulation [3]. V.V. Romanova gives an example thattheinstitutionofantimonopolycompliance is used in order to ensure compliance with the requirements of antimonopoly laws and rightly indicates that the use of energy saving, energy efficient technologies in relation to energy resources is an equally important task. [4] In her publication, V.V. Romanova words a proposal for the need to develop a concept of compliance in the field of energy saving and raising energy efficiency, on the feasibility of supplementing the energy law with the appropriate provisions, on the development of corporate regulatory acts to ensure compliance with the legal requirements in the field of energy saving and raising energy efficiency. [5] The Energy Strategy of the Russian Federation until 2035 approved by Order of the Government of the Russian Federation No. 1523-р of June 9, 2020 (hereinafter referred to as the «Energy Strategy») established that technological saving is hindered by shortage of investments and insufficient efficiency of state policy measures aimed at investment mobilization.
8 As a result, the Energy Strategy establishes the task of updating the existing and the introduction of new energy management systems in accordance with the requirements of ISO 50001:2018 standard as one of the key measures that should ensure fulfilment of the tasks of developing energy saving and raising energy efficiency.
9 The concepts of corporate governance and energy management are directly related, since energy management is a separate part of corporate governance.
10 As there are no definitions of these concepts in the law, the very concept of corporate governance is viewed based on the systemic interpretation of bylaws and legal publications. So, corporate governance is understood as a set of management methods to exercise control over the activities of a corporation. [6]
11 Energy management is understood as a set of management methods to raise energy efficiency.
12 That is, energy management is a separate part of corporate governance that implements the programs of energy saving and raising energy efficiency.
13 Thus, noting the renewal and the introduction of new energy management systems in the Energy Strategy, the role of this part is not questioned and there is established the task of the need to improve a certain part of corporate governance of the organizations of the fuel and energy complex (hereinafter referred to as the «FEC»).
14 The analysis is based on the actions of the state holding Rosseti, PJSC, and subsidiaries and affiliates of Rosseti, PJSC, aimed at the implementation of energy saving and energy efficiency raising measures in the implementation of energy management on the example of Interregional Distribution Grid Company of Center, PJSC, as well as government control measures in this area.
15 These companies were taken for analysis due to the fact that the Ministry of Energy of Russia, the Federal Property Management Agency and the Ministry of Economic Development of Russia have an opportunity to influence the activities of these companies directly through representation in management bodies and not only via of regulatory mechanisms.

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