Electricity Quality: Proposals to Improve the Electric Power Industry Laws of the Russian Federation

 
PIIS231243500023550-3-1
DOI10.18254/S231243500023551-4
Publication type Article
Status Published
Authors
Affiliation: JSC SO UES Compliance Department
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 4
Pages48-55
Abstract

The issues of regulating the requirements to electricity quality and electricity quality assurance are among the fundamental issues for the electric power industry. The current system of regulating the requirements to electricity quality is based on national standards that can be applied voluntarily. At the same time, regulatory control over these requirements is essential both for achieving such goals of state regulation of reliability and safety in the electric power industry as ensuring its stable, reliable, and safe operation, preventing emergencies associated with the operation of electric power industry facilities and power receivers of electricity consumers and for the long-term development of the electric power industry. In this article, the author studies the problems identified in the laws of the Russian Federation on the electric power industry in terms of regulation of the requirements to electricity quality and quality assurance and ways of solving these problems and contradictions.

Keywordsenergy law; legal regime of energy resources; electricity quality; national standards
Received23.12.2022
Publication date27.12.2022
Number of characters20192
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1 The content of the legal regime of energy resources is fundamental for energy law. Many elements of the content of the legal regime of energy resources are of interest to scientific research. Special attention is paid to registering the number of energy resources supplied. [1] At the same time, such element of the content of the legal regime as the quality of energy resources also requires clear legal coverage to exclude legal uncertainty and minimize the risks of disagreement between the subjects of energy law.
2 As the Energy Strategy of the Russian Federation until 2035 stipulates, high quality power supply is a task set for the electric power industry as a branch of the fuel and energy complex. The implementation of this task requires creating a mechanism controlling electricity quality and improving the reliability of servicing electricity consumers. [2]
3 The laws of the Russian Federation on the electric power industry are based on the Civil Code of the Russian Federation and special regulations governing relations in the electric power industry.
4 As per Article 542 of the Civil Code of the Russian Federation, energy quality shall meet the requirements established under the laws of the Russian Federation, including mandatory rules, or stipulated by the energy supply agreement. This requirement is general in relation to those established by regulations governing legal relations in the electric power industry. Let us review the current state of regulations in the electric power industry in terms of regulating the requirements to electricity quality and electricity quality assurance.
5 As per Federal Law No. 35-ФЗ on the Electric Power Industry dd. March 26, 2003, (as amended by Federal Law No. 174-ФЗ dd. June 11, 2022) (hereinafter referred to as the Electric Power Industry Law or Federal Law No. 174-ФЗ, respectively): [3] [4]
6 - the conceptual framework of the Electric Power Industry Law includes the concept of “electricity quality”, which means the extent of compliance of electricity characteristics at a certain grid point with a combination of controlled parameters;
7 - the controlled parameters to be met by electricity characteristics are set by regulations of federal executive authorities authorized by the Government of the Russian Federation;
8 - electric power industry entities and electricity consumers should comply with the requirements of regulations in the electric power industry, which establish the requirements to electricity quality and electricity quality assurance;
9 - electric power industry entities that supply electricity to electricity consumers are also responsible to consumers for the quality of electricity supplied;
10 - electric power industry entities and electricity consumers should make sure that technical specifications and operating parameters of their electric power facilities and power receivers meet the requirements set by the regulations, which determine electricity quality;
11 - the adoption of regulations establishing requirements to electricity quality assurance is included in the scope of measures of state regulation of reliability and safety in the electric power industry. [5]
12 Thus, the Electric Power Industry Law (as amended by Federal Law No. 174-ФЗ) established the basic principles, the regulation of the requirements to electricity quality and electricity quality assurance should be based on.
13 It should be noted that currently some regulations of the Government of the Russian Federation and the Ministry of Energy of Russia impose obligations on electric power industry entities and electricity consumers related to compliance with the requirements to electricity quality and electricity quality assurance.
14 For example, under clauses 14 and 15 of the Rules for Non-Discriminatory Access to and Provision of Electricity Transmission Services, the service receiver shall maintain at the boundary point the values of quality parameters based on the operation of its power receivers, and the grid operator should transmit electricity, the quality and parameters of which meet the mandatory requirements set by the regulations. [6]
15 As per clause 80 of the Rules of Technological Operation of Electric Power Systems (hereinafter referred to as the RTO), each grid operator shall develop voltage curves in 35-110 kV grids based on the need to ensure the controlled parameters of electricity quality. Also, as per clause 135 of the RTO, the operation of consumers’ electrical installations shall not violate the mandatory requirements to electricity quality at the grid connection point. [7]
16 The obligations imposed on electric power industry entities and consumers to ensure electricity quality are also finalized in regulations governing economic relations in the electric power industry. An example is the Basic Rules of Operation of the Retail Electricity Markets (hereinafter referred to as the Basic Rules), which state that electric power industry entities, which supply electricity to consumers, shall take joint actions to ensure electricity quality in the retail markets. [8] At the same time, it should be noted that the requirements to the quality of electricity supplied are an essential condition of the electricity (capacity) sale and purchase agreement and the energy supply agreement.

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1. Romanova V.V. Energy Law Order: Current State and Tasks. Moscow : Yurist Publishing House. 2016. p. 20, 43–45; Romanova V.V. Energy Law. Textbook for the Training of Highly Qualified Personnel. Moscow : Yurist Publishing Group. 2021. p. 60–86.

2. Decree of the Government of the Russian Federation No. 1523-r on Approval of the Energy Strategy of the Russian Federation for the Period up to 2035 dd. June 9, 2020 // Official Gazette of the Russian Federation, June 15, 2020, No. 24, Art. 3847.

3. Federal Law No. 174-FZ on Amendments to the Federal Law on the Electric Power Industry and Certain Legislative Acts of the Russian Federation dd. June 11, 2022 // Official Gazette of the Russian Federation, June 13, 2022, No. 24, Art. 3934.

4. Federal Law No. 35-FZ on the Electric Power Industry dd. March 26, 2003 // Official Gazette of the Russian Federation, March 31, 2003, No. 13, Art. 1177.

5. Decree of the Government of the Russian Federation No. 244 on Improving the Requirements to Ensuring the Reliability and Safety of Power Grids and Electric Power Facilities and Amending Certain Acts of the Government of the Russian Federation dd. March 2, 2017 // Official Gazette of the Russian Federation, March 13, 2017, No. 11, Art. 1562.

6. Decree of the Government of the Russian Federation No. 861 on Approval of the Rules for Non-Discriminatory Access to and Provision of Electricity Transmission Services, Rules for Non-Discriminatory Access to and Provision of Operational Dispatch Management Services in the Electric Power Industry, Rules for Non-Discriminatory Access to and Provision of Services of the Wholesale Market Trading System Administrator, and Rules for the Technological Connection of Power Receivers of Electricity Consumers, Electric Power Generation Facilities as well as Power Grid Facilities Owned by Grid Operators and Other Entities to Power Grids dd. December 27, 2004 // Official Gazette of the Russian Federation, December 27, 2004, No. 52 (Part 2), Art. 5525.

7. Decree of the Government of the Russian Federation No. 937 on Approval of the Rules of Technological Operation of Power Grids and Amendments to Certain Acts of the Government of the Russian Federation dd. August 13, 2018 // Official Gazette of the Russian Federation, August 20, 2018, No. 34, Art. 5483.

8. Decree of the Government of the Russian Federation No. 442 on the Operation of the Retail Electricity Markets and the Full and/or Partial Restriction of the Electricity Consumption Mode dd. May 4, 2012 // Official Gazette of the Russian Federation, June 4, 2012, No. 23, Art. 3008.

9. Order of the Ministry of Energy of Russia No. 811 on Approval of the Regulations for the Operation of Consumer Electrical Installations dd. August 12, 2022 // http://pravo.gov.ru, October 7, 2022.

10. Order of the Ministry of Energy of Russia No. 1195 dd. December 28, 2020, on Approval of the Rules for the Development and Approval of Power Distribution Schemes of Electric Power Generation Facility and External Power Supply Schemes for Power Receivers of Electricity Consumers and Amendments to Orders of the Ministry of Energy of Russia No. 630 dd. August 3, 2018, on Approval of the Requirements to Ensuing the Reliability of Power Grids, the Reliability and Safety of Power Grid Facilities and Power Receivers, Methodological Guidelines for Power System Stability, No. 81 dd. February 8, 2019, on Approval of the Requirements to the Overload Capability of Transformers and Autotransformers Installed at Electric Power Facilities and its Maintenance and Amendments to the Rules of Operation of Power Plants and Grids of the Russian Federation approved by Order of the Ministry of Energy of Russia No. 229 dd. June 19, 2003 // http://pravo.gov.ru, April 28, 2021.

11. GOST 32144-2013. Interstate Standard. Electric Energy. Electromagnetic Compatibility of Technical Equipment. Power Quality Limits in the Public Power Supply Systems enacted by Order of the Federal Agency for Technical Regulation and Metrology No. 400-st dd. July 22, 2013 // Moscow : Standartinform, 2014.

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