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Investigation of the Causes of Accidents in the Electric Power Industry: Assessment of the Need for Changes and the Concept of Regulatory Development
 
PIIS231243500025253-6-1
DOI10.18254/S231243500025223-3
Publication type Article
Status Published
Authors
Konstantin V. Moskvin 
Occupation: Lawyer at the Department of Regulatory Affairs of the Legal Division of Market Council for Organizing the Efficient System of Trading at the Wholesale and Retail Electricity and Capacity Market Non-Profit Partnership Association
Affiliation: Market Council for Organizing the Efficient System of Trading at the Wholesale and Retail Electricity and Capacity Market Non-Profit Partnership Association
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 1
Pages77-88
Abstract

The occurrence of accidents at electric power facilities and power receivers has a significant impact on the quality of energy supply to electricity consumers, the functioning of the fuel and energy complex, the socio-economic development of the country and national security. The attainment of the objective of the electric power industry specified in the Energy Strategy for the period up to 2035 and the implementation of the general principles and objectives of regulating reliability and safety in the electric power industry and the quality of electricity established in the Electric Power Industry Law is impossible without the development, adoption and timely updating of regulations governing the procedure for investigating the causes of accidents in the electric power industry. Previously, issues related to the regulation of the procedure for investigating the causes of accidents in the electric power industry were not considered in legal studies, with the exception of certain procedural issues in judicial practices in cases of appeal against investigation reports on the causes of accident. The purpose of the study is to establish the need to amend the legal regulation of the procedure for investigating the causes of accidents in the electric power industry and to form a concept for the development of the accident investigation procedure.

Keywordsenergy law, electric power industry, legal regulation of the investigation of causes of accident
Received19.02.2023
Publication date31.03.2023
Number of characters34192
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Table of contents

I. The Importance of Legal Regulation for the Procedure for Investigating the Causes of Accidents in the Electric Power Industry
II. The Evolution of Legal Regulation of the Procedure for Investigating the Causes of Accidents in the Electric Power Industry
III. Experience of Legal Regulation of the Procedure for Investigating the Causes of Accidents in the Electric Power Industry in the EAEU Countries
3.1 The Republic of Belarus
3.2.The Republic of Kazakhstan
3.3.The Kyrgyz Republic
IV.Assessment of the Need to Improve Laws and regulations Governing the Investigation of the Causes of Accidents
V.Description of Proposed Regulatory Changes
1

I. The Importance of Legal Regulation for the Procedure for Investigating the Causes of Accidents in the Electric Power Industry
2 As part of the implementation of the Energy Strategy of the Russian Federation for the period up to 2035 (hereinafter referred to as the “Energy Strategy up to 2035”), improving the quality of energy supply to consumers is a key objective of the electric power industry.
3 The attainment of this objective involves the improvement of the sectoral system of monitoring the activities of electric power companies for the preparation and reliable sustaining peak loads by electric power facilities, including in order to reduce the risks of accidents in power-supply systems.
4 The accidents at electric power facilities and power receivers have an impact on the quality of energy supply to electricity consumers, the functioning of the fuel and energy complex, the socio-economic development of the country and national security.
5 Reliable and safe functioning of the UES of Russia and technologically isolated power-supply systems, availability of electricity for consumers, energy and environmental safety, priority of ensuring the life and health of personnel at electric power facilities and power receivers are the basic principles and methods of the state regulation and control in the electric power industry in accordance with Federal Law No. 35-ФЗ dated March 26, 2003, on Electric Power Industry (hereinafter referred to as the “Federal Law on Electric Power Industry”).
6 The state regulation of reliability and safety in the electric power industry and the quality of electricity is aimed at ensuring sustainable, reliable and safe functioning of the industry, as well as preventing the occurrence of accidents related to the operation of electric power facilities and power receivers.
7 Accordingly, the attainment of this objective of the electric power industry specified in the Energy Strategy up to 2035 and the implementation of the general principles and objectives of regulating reliability and safety in electric power industry and the quality of electricity established in the Federal Law on Electric Power Industry is impossible without the development, adoption and timely updating of regulations governing the procedure for investigating the causes of accidents in the electric power industry.
8 The establishment of an algorithm for investigating the causes of accidents in the electric power industry in laws and regulations ensures:
9 Implementation of a comprehensive investigation of the causes of technological disturbances by the Federal Service for Environmental, Technological, and Nuclear Supervision (Rostekhnadzor), proprietors, other legal owners of electric power facilities and/or power receivers or organizations operate and maintain them within a formally defined investigation procedure;
10 Detection of deficiencies in the operation, design, manufacture of equipment, construction of buildings and structures that led to an accident or incident; elaboration of a plan of preventive actions by electric power industry entities and electricity consumers to prevent similar technological disturbances;
11 Timely technical assessment of the operation of electric power facilities and power receivers; justification of technical solutions adopted by the entities of the electric power industry and consumers of electricity;
12 Assessment of the economic consequences of accidents at electric power facilities and power receivers;
13 Increased responsibility of the personnel of the electric power industry companies and the design companies involved by them;
14 Accumulation, processing and systematization of information about accidents.
15 Legal regulation of the procedure for investigating the causes of accidents in the electric power industry has a direct impact on improving the regulatory framework for ensuring the safe, reliable and sustainable functioning of infrastructure and energy industry facilities in accordance with the provisions of the Energy Security Doctrine of the Russian Federation, approved by Executive Order of the President of the Russian Federation No. 216 dated May 13, 2019. Besides, the availability of unambiguously interpreted rules for investigating the causes of accidents helps to avoid problems in law enforcement practice, helps to reduce conflicts between the electric power industry entities and electricity consumers.
16 The existence of accidents of systemic importance is a factor in the development of legal and technical regulation in the Russian electric power industry. [1] At the same time, the effective functioning of the legal and technical regulation system in the electric power industry is achieved not only through the development and adoption of laws and regulations, technical regulations and standards, but also through the creation of mechanisms to ensure their implementation and control. [2]
17 Previously, issues related to the regulation of the procedure for investigating the causes of accidents in the electric power industry were not considered in legal studies, with the exception of certain procedural issues in judicial practices in cases of appeal of the report of the investigation of causes of accidents in the electric power industry [3].

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