Transfer of electrical networks to the balance sheet of the network company. The beginning of the end of extortion
Question:
Under what conditions and in what established order is it possible to transfer networks from a legal entity to OJSC "MOESK" (or another Grid Company)?
Answer:
On this moment Russian legislation does not contain any regulatory document obliging an electric grid company to accept on its balance sheet electric networks owned by legal entities. In accordance with Art. 209 of the Civil Code of the Russian Federation, the owner of any property (the owner must confirm his right of ownership of the object - a power transmission line with a Certificate of Ownership, a cadastral passport, an Act for delimiting the balance sheet ownership of networks between the owner of the overhead line and the power grid enterprise or other title documents) has the following rights:
1. The owner has the rights to own, use and dispose of his property.
2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.
The alienation of electric power facilities owned by persons occurs in the same way as the alienation of other objects. There are no special legal provisions. Since the electric grid organization is a commercial organization, the transfer of a linear facility owned by a legal entity is possible under a purchase and sale agreement. Also in accordance with Article 210 Civil Code RF, the owner of the property must independently organize repairs (reconstruction) of his property: “The owner bears the burden of maintaining the property he owns, unless otherwise provided by law or contract.”
But, you can lease your electrical networks to a Grid Company, if not MOESK, then it may be another Electric Grid Company.
Very often, electrical network assets (transformer substations, electrical networks, power centers, overhead lines and other electrical network assets) do not bring profit to the owners, since they are not a core asset or the equipment, due to wear and tear, does not meet the requirements of technical regulations. In such cases, maintenance and effective maintenance electrical networks becomes difficult.
The business process for leasing electrical grid property is as follows:
1. Conclusion of a lease agreement with the Enterprise for electric grid facilities
2. Re-registration of the necessary documentation of the Enterprise;
3. Establishing a standard for technological losses of electricity during its transmission via leased networks;
4. Establishment in the Regional Energy Commission of an individual tariff for the lessee for the transmission of electricity through leased networks;
5. Conclusion of an agreement with the superior Grid Company for the transmission of electricity;
6. Receiving money from the superior Grid Company for the transmission of electricity (in accordance with the “boiler” method);
7. Payment of rent to the Enterprise;
8. Compensation to the Enterprise possible change the tariff for purchased electricity associated with a change in the balance sheet boundary;
9. Carrying out ongoing support of document flow (providing the required current reports to the REC and the Grid Company during the year);
10. Defense of the economic feasibility of establishing the tariff for the current year (in the Regional Energy Commission).
List of documents required to conclude an agreement between the Enterprise and the Tenant:
1. Enterprise power permit;
2. Certificate of admission of the Enterprise’s electrical installations into operation, issued by Rostechnadzor;
3. Single-line diagram of the enterprise’s energy supply;
4. Schematic diagram external power supply of the Enterprise (indicating sub-subscribers);
5. Acts of delimitation of balance sheet ownership and operational responsibility of the Enterprise;
6. The current Agreement for technological maintenance of the enterprise’s electrical grid (with appendices);
7. The current Energy Supply Agreement of the Enterprise (with annexes);
8. Annual volume of power consumption of the Enterprise (broken down by month);
9. Annual volume of electricity consumption of the Enterprise (broken down by month);
10. Composition of the electrical grid of the Enterprise being leased, indicating:
- length, cross-section, brand, voltage of cable lines and overhead lines;
- power and brand of transformers;
- quantity and numbers of RTP, BKTP, TP, SP.
11. Location of electricity metering devices used to make payments to sales for consumed electricity, indicating the brand and type of electricity meter.
Standard forms of lease agreements for electric grid facilities:
Electrical equipment rental agreement
Appendix 1 - Composition of electric grid facilities
Appendix 2 - Contractual volume of electricity and power consumption
Appendix 3 - Rent Agreement
Certificate of acceptance of transfer of electric grid facilities
Full lease agreement
It is characterized by the complete transfer to the Lessor for the lease term of all property rights and obligations under the leased object, including responsibilities for the operation and repair of the leased object.
Finance lease agreement
It is characterized by a partial transfer to the Lessor for the lease term of all property rights and obligations under the leased object, not including the obligations for the operation and repair of the leased object.
Operating agreement
The agreement is a form of contract for the provision of services for a fee and is concluded with the aim of ensuring current operation and repair of the Customer's electrical installations.
Agreement on responsibility for the capital construction project
The agreement is a form of contract for the provision of services free of charge and is concluded for the purpose of ensuring the ongoing operation and repair of power installations of the Parties that are jointly owned.
Agreement for calculating tariffs for the provision of services for the transmission of electrical energy
The agreement provides the Customer with services related to the establishment by the executive authority of a constituent entity of the Russian Federation in the field of state regulation of tariffs of an individual tariff for the provision of services for the transmission of electrical energy.
Agreement for calculating the standard of technological losses for the transmission of electrical energy
Agreement for the provision of services to the Customer related to the establishment by the authorized body of the Russian Federation (Ministry of Energy of Russia) of the standard for electrical energy losses in the Customer’s networks.
Agreement for the provision of agency services for technological connection to electrical networks of additional capacity
Agreement for the provision of services related to the conclusion on behalf of the Customer of an agreement for technological connection to electrical networks in addition to the existing capacity.
Direct agreement with the consumer for the provision of services for the transmission of electrical energy
Agreement for the provision of services related to the transmission of electrical energy to the Customer’s networks from the Territorial networks network organization.
Regulatory documents regulating the process of leasing electric grid facilities
Order of October 30, 2001 On approval of methodological recommendations on the procedure for state registration of rights to real estate objects - energy production and technological complexes of power plants and electric grid complexes
I also receive quite a lot of letters from the Leningrad region, in which gardeners express concern that the electricity supply in gardening non-profit associations does not fit into the framework of legal norms in the field of electricity.
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 force the Petersburg Supply Company OJSC to conclude an energy supply agreement.
In 2013, at the general meeting of SNT, it was decided to transfer the electrical networks to a network organization, but the network organization did not express a desire to accept the networks on its balance sheet.
In 2014, at a general meeting, they decided to all enter into energy supply contracts with PSK OJSC and were refused.
Sincerely, Chinakaev Shamil.
(At the request of gardeners, I am currently writing an article “Features of national technological connection.”)
The beginning of the end of extortion
There comes a time in the life of any SNT member or individual gardener when he begins to think about certain questions.
Member of SNT:- I am obliged at my own expense to maintain the electrical networks of SNT, while in the neighboring village, whose residents have technological connection There is no such obligation for the electrical networks of a network organization.
Individual gardener:- I have entered into an energy supply agreement with an electricity supplier, I have an indirect technological connection to the electrical networks of a network organization through the SNT electrical grid facilities, I pay for electricity to the current account of the electricity supplier, but this does not protect me from illegal disconnection of electricity from my site, does not protect me from extortion from me money in the amount of membership and target fees of SNT members.
And, first of all, an individual gardener asks himself the following question: is it realistic to obtain a technological connection to the electrical networks of a network 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 with a theoretical background here.
Let's consider case No. 238-13-AZ, initiated on June 11, 2013 on grounds of violation of IDGC of Center JSC (Moscow, 2nd Yamskaya St., 4) Part 1 of Article 10 of Federal Law No. 135-FZ dated July 26, 2006 “On protection of competition” http://belgorod.fas.gov.ru/solution/9695
The essence of the case is this: the citizen previously entered into an agreement for the power supply of the power receiving device at site No. 14, however, according to the claim of SNT, this agreement was declared invalid by a court decision due to the fact (as stated in the court decision) that no evidence was provided for connecting his power receiving device (technological connection) directly to the networks of the energy supply organization, which according to the law is prerequisite to conclude an energy supply agreement.”
The citizen subsequently submitted an application for technological connection of power receiving devices (located on 3 plots of land owned by him) to the electrical networks of the network organization. The application indicated a maximum power of 15 kW, voltage level of 0.4 kV (380V).
But the network organization, in contracts for technological connection to electrical networks 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 avoids concluding an agreement on the conditions specified in applications.
The citizen sent to the network organization a reasoned refusal to sign draft contracts with a proposal to change the submitted projects and a requirement to bring them into compliance with Decree of the Government of the Russian Federation of December 27, 2004 No. 861, which contains the rules for technological connection to electrical networks. Having received a refusal from the network organization to change the terms of the contract, the citizen filed a complaint with the Belgorod OFAS Russia.
At the meeting, IDGC of Center JSC indicated that it does not refuse a citizen the technological connection of his power receiving devices, but offers connection to the networks of a network organization through indirect connection through the networks of SNT "Berezka".
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 4, 2013 contains some important for us interpretations (clarifications) of the rules of technological connection.
In particular, it says:
The Commission believes that the conclusions of the network organization on the technological connection of the citizen's power receiving devices located in areas No. 7 and No. 15 according to applications dated 04.28.2012 No. 15481913 and No. 15481923 indirectly to the electrical networks of IDGC of Center JSC through the electrical network of SNT "Berezka" are subject to deviation due to the following.
To substantiate 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 electrical energy and the provision of these services” approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861 (hereinafter referred to as the “Rules”) non-discriminatory access"), which regulate the organizational and legal order of relationships during indirect connection through other power grid facilities. He pointed out that, within 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 the citizen.
According to the Commission, the representative’s reference to the indirect position of the paragraphs is due to an incorrect interpretation of industry standards. In the literal sense of the normative interpretation, the provisions of the above paragraphs determine the organizational legal basis and processes associated with cases of already existing connection of power receiving devices and are industry regulation of legal relations that arose after the procedure described in paragraph 2 of part 4 of article 26 of the Law “On Electric Power Industry” and section IV “Rules for technological connection”, therefore, the relationship to other technological measures connections assigned to the network organization do not have.
By virtue of paragraph 3 of the “Rules for Technological Connection”, the grid organization is obliged to carry out technological connection measures in relation to any person who applies to it, provided that he complies with these Rules and has technical feasibility technological connection.
Regardless of the presence or absence of the technical possibility of technological connection on the date of the applicant’s application, the network organization is obliged to enter into an agreement with the persons specified in paragraphs 12.1, 14 and 34 of these Rules, who applied to the network organization with an application for technological connection of power receiving devices belonging to them by right of ownership or on any other basis provided by law, as well as carry out technological connection measures in relation to the power receiving devices of such persons.
Thus, taking into account the above, 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 Electric Power Industry”, it follows that technological connection is carried out directly to the power grid facilities of the network organization with the voltage level required by the applicant .
Consequently, the conditions of paragraph 10 of the TU, which contains provisions regarding the construction of power transmission lines-0.23 from the existing overhead line-0.23, which is on the balance sheet of SNT “Berezka”, are a condition contrary to the conditions of the “Rules for Technological Connection”. As follows from the case materials, the electrical network of the non-profit partnership does not belong to IDGC of Centre, JSC under any proprietary right; therefore, actions to use it can infringe on the interests of third parties who are not interested in providing their property for the benefit of third parties.
As for the technological connection of a residential building on site No. 14, which already has a connection to the electrical networks of SNT "Beryozka", the Commission believes 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 power receiving devices that were put into operation for the first time, previously connected, reconstructed power receiving devices, the connected power of which is increasing, as well as cases in which, in relation to previously connected power receiving devices, the category of reliability of power supply, connection points, types of production activities that do not entail a revision of the amount of connected power are changed , but changing the external power supply scheme of such energy-receiving devices.
In accordance with subparagraph a) of paragraph 7 of the “Rules for Technological Connection”, the right of a legal entity or individual (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 increase in volume maximum power, as well as changes in the category of reliability of power supply, point of connection, types of production activities that do not entail a revision (increase) of the maximum power value, but change the external power supply scheme of the applicant’s power receiving devices.
In the circumstances considered by the Commission (a citizen), having applied for a technological connection to the electrical networks of a network organization with the required voltage level of 0.4 kV, thereby wanted to carry out a technological connection to the electrical networks of the network organization, bypassing the networks of the gardening partnership, through which his energy receiving device, i.e. change the connection point, which is one of the grounds for concluding an agreement for technological connection to electrical networks.
Consequently, the Commission comes to the conclusion that the citizen’s application dated April 28, 2012 No. 15481929, like 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 under this application does not can be produced.
At the same time, the Commission takes into account that, in accordance with Article 26 of the Law “On Electric Power Industry,” the agreement 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 recognized as an agreement concluded by a commercial organization and establishing its obligations for the sale of goods, performance of work or provision of services that such an organization, by the nature of its activities, must carry out in relation to everyone who will address it (retail trade, transport common use, 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 appropriate cases, on all the 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, has the right to select the voltage class of electrical facilities to which the technological connection must be made.
In the case under consideration, the actions of IDGC of Center, JSC to impose the terms of the contract impose on a citizen who intends to receive electrical energy with the rated voltage he requires, unreasonable restrictions not provided for by law and industry rules, and, therefore, infringe on his interests in creating full and comfortable conditions for living (existence).
For this reason, all restrictions and obstacles to the network organization in providing 380 volt voltage (choosing a voltage class) should be recognized as completely unfounded and inconsistent with paragraph 19 of the “Technological Connection Rules”, according to which the network organization is prohibited from imposing on the applicant services and obligations not provided for by these Rules .
The Company’s arguments regarding the specific connection of the legal framework for technological connection with the Federal Law of April 15, 1998 N 66-FZ “On gardening, gardening and dacha non-profit associations of citizens” (hereinafter referred to as Law No. 66) The Commission considers untenable and based on 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 electrical energy, including with regard to technological connection to electrical networks. This Law extends its effect to relations arising in connection with citizens' gardening, vegetable farming and summer cottage farming (Article 2 of Law No. 66-FZ), and cannot be considered as a priority normative act defining a special (special) procedure for technological connection individuals, specified in paragraph 14 of the “Rules for Technological Connection” (another refutation of this argument was given earlier in the text of the decision).
Likewise, the position of the network organization regarding the segregation (separation, separation) of applicants in the process of technological connection on the principle of classifying their land plots as one or another category of land cannot be applied. This position will not comply with the fundamental constitutional principles of equality and publicity of responsibilities that arise for IDGC of Center, JSC in the process of performing work or providing services by virtue of current legislation.
Based on the above, guided by Article 23, Part 1 of Article 39, Parts 1 – 4 of Article 41, Article 49, Article 50 of the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition”, the Commission
DECISION:
1. To 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 inclusion 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 Electric Power Industry” and the provisions of the “Rules for the technological connection of power receiving devices of electrical energy consumers, electrical energy production facilities, as well as electrical grid facilities farms belonging to network organizations and other persons to electric networks”, approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861;
2. Issue to IDGC of Centre, JSC a mandatory 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 be advised of 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 implementation of this instruction, IDGC of Center JSC needs to send completed and signed draft agreements and technical conditions for technological connection to power grid facilities with the required voltage class of 0.4 kV to the citizen for signing, specified in citizen applications.
1. If a member of the SNT or an individual gardener is not satisfied with the indirect connection to the electrical networks of the network organization through the SNT electrical grid facilities, he has the right to submit an application to the network organization to change the point of connection, for a direct technological connection to the electrical networks of the network organization, bypassing the electrical networks of the SNT .
2. In sample applications for technological connection (for example, from MOESK), only the connection of power receiving devices (ERDs) being put into operation for the first time and an increase in the maximum power of previously connected power receiving devices are indicated as grounds for filing an application. This does not prevent a citizen from changing the application and including “Change of point of connection” as a basis.
3. Only those citizens who have an electrical network support of the corresponding voltage of the network organization to which it is supplied can count on a fee of 550 rubles for a new technological connection (for changing the point of connection). application.
4. If there are many citizens who have received direct technological connection to the electrical networks of the network organization, this will force the network organizations to accept SNT networks on their balance sheet 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 land plot, contact number, postcode applicant's place of residence, email address. It is also necessary to indicate what voltage and power are being 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 electricity supply contracts with an electricity supplier do not fully protect us from illegal disconnection of electricity 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 targeted contributions from SNT members. After all, the chairmen of the board do not live by laws, but by 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 charter. A step to the left, a step to the right - the individual will be shot. In the sense that you pay for everything, and if you don’t pay in the amount of membership and target fees, you get circumcision.
I haven't been able to reach them for 3 years now. simple truth that we don’t care about this charter, because there are currently no laws registered on planet Earth according to which the constituent document of a legal entity can be valid in relation to non-participants of this legal entity (non-members of the legal entity). There used to be such laws in Russia, but these laws were called serfdom.
There is a Russian proverb: “Talking without doing anything is like writing on water.”
We thought about what needs to be done to destroy the weapon of blackmail and extortion - SNT electrical networks, giving people in return electrical networks belonging to the network organization, putting all gardeners (including board members) on equal terms: forcing all gardeners to connect directly to the electrical networks of the network organization, force all gardeners to enter into direct energy supply contracts.
Are we right? After all, you can’t force people to be happy if they don’t want it.
But if you look at Art. 543 of the Civil Code of the Russian Federation, then from its meaning it follows that the energy supply organization, and in a new way, the network organization, is obliged to repair, operate and reconstruct the electrical networks of SNT up to the boundaries of gardeners’ land plots. So let at least one article of the Civil Code of the Russian Federation begin to work within the boundaries of the land allocation of SNT “Romanovka”.
At one of the general meetings, individual gardeners proposed to the board that they take measures to become part of the village of Romanovka. Representatives of the board then greatly frightened the members of SNT “Romanovka”, explaining to them that a management company would come and 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 - OJSC "MOESK" and OJSC "Mosenergosbyt" - finally come within the boundaries of the land allocation of SNT "Romanovka". Then we’ll see whether we’ll have to pay a lot of money to Mosenergosbyt OJSC, or just for electricity at the tariffs of the Moscow region, and at the rural tariff?
At the end of 2010 and the beginning of 2011, SNT “Romanovka” carried out reconstruction of 0.4 kV electrical networks with the replacement of wooden poles with reinforced concrete ones, with the replacement of bare AC wires with SIP wires.
The Chairman of the Board of SNT "Romanovka" carried out this work according to her concepts of electrical installation methods. Without permission from Gostekhnadzor, without a project, without installation of lightning protection devices, repeated grounding of the neutral wire, without carrying out the necessary measurements and tests, without drawing up as-built documentation, although assurances that everything will be done according to the norms and rules were given at the general meeting of SNT "Romanovka" sounded.
As a result, the following result was obtained: electrical networks are present in nature, but legally they do not exist, since the following documents are missing:
Permission from Gostekhnadzor for admission to operation of electrical networks;
Design of electrical installations agreed with the state examination;
As-built documentation (contracts for installation work, as-built drawings, acts of hidden work, protocols for measurements and tests of electrical equipment, protocols for measuring the resistance to current spreading of grounding devices, acceptance certificates for installation work, etc.);
BTI acts on the primary inventory of SNT electrical equipment;
The act of transferring electrical networks to the balance of the legal entity SNT "Romanovka".
What are the risks of operating electrical networks without the necessary documents and permits?
Everything seems to be fine so far. 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 the legal entity, although gardeners consume electricity at voltage 220 volts, not 10,000 volts. What doesn’t happen in “our kingdom”?
There is a Russian proverb: “If it’s quiet, it’ll be bad.”
An accident occurred in the electrical networks of SNT, the inspector of Rostechnadzor compiles a list of a couple of dozen violations of the rules for operating electrical installations, the main ones being the lack of an operating permit, the absence of someone responsible for electrical equipment and the lack of documentation for the electrical installation.
The chairman of the board is on trial, the electrical installation is to be turned off. Based on complaints from plot owners to local authorities, the prosecutor's office, the governor, and the President of the Russian Federation, after a few months, voltage is applied to the plots with an order to the new chairman to eliminate Rostekhnadzor's comments within two months.
But the comments cannot be eliminated. You can hire a person responsible for electrical equipment, but if there is no documentation for the electrical installation, then there will be no permission to operate it. Three months later there was another shutdown and this time for a long time.
This story is not a myth, but a description of a situation that actually happened in one of the SNT, and maybe not in one.
Although JSC “MOESK” has a target program for transferring the electrical facilities of SNT to the balance sheet of JSC “MOESK”, this path is closed for SNT “Romanovka”, because It is impossible to transfer to the balance sheet electrical equipment for which all Required documents and which is not listed on the balance sheet of a legal entity.
Tell me, is it possible to fix all this?
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 SNT members, obtain permission to reconstruct electrical networks, order a project from the relevant organization, undergo a state examination, dismantle everything built, carry out installation according to the project, draw up as-built documentation, obtain permission to allow the operation of electrical networks, make an initial inventory through BTI, accept the networks on the balance sheet of the legal entity, transfer the electrical networks to the balance sheet of OJSC "MOESK".
You may say, is it possible to order a project of something that has already been installed in the relevant organization, undergo state examination, then draw up as-built documentation with measurements and tests?
Let's think about it.
We made a project for the installation, submitted the project for state examination, received a conclusion: the distances here and there to supports relative to fences or road surfaces are not maintained, the cross-sections of wires on such and such highways do not correspond to the calculation, the length of spans here and there does not comply with the rules for the construction of electrical installations, etc. .d. and so on. It needs to be dismantled and rebuilt.
Once the leader of the world proletariat V.I. Lenin insisted that even a cook could rule the state. Yes, maybe, if you entrust it to her, but the cook will manage very badly.
If the state must be run by people with appropriate training and leadership experience, then the reconstruction of electrical networks must be carried out by professionals in the field of electrical supply.
Currently, our sites are powered through Kalugaenergo networks. Some chairmen of SNT "Romanovka" at general meetings voiced plans for connecting to the networks of OJSC "MOESK", but set some wild prices: 1.4 million rubles for technological connection, plus 2 million rubles for the construction of 10 kV power lines - 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 fee for technological connection includes everything and there is no need to build 10 kV or 0.4 kV lines themselves. Everything will be built at the expense of payment for technological connection and additional investments by a contractor selected by the network organization through bidding (tender).
Why is a new technological connection needed? Members of SNT "Romanovka" were tormented at their own expense to repair the 10 kV cable through which the substation is powered. The cable's service life has long expired, and a 10 kV overhead line, owned by OJSC "MOESK", runs nearby.
In 2012, individual gardeners offered a solution: everyone should switch to direct energy supply contracts http://ind-sad.narod.ru/index/0-37. Indeed, according to PP No. 442 dated May 4, 2012, the point of electricity supply is located on the border of the land plot or next to the border of the land plot - on the nearest 0.4 kV support. Then the 10 kV cable and the existing substation with a 250 kVA transformer and a 0.4 kV network along the streets of SNT "Romanovka" will inevitably transfer to the balance of the network organization, and the network organization will repair and, if necessary, replace this 10 kV cable at its own expense, however The board of SNT "Romanovka", not taking into account the interests of SNT members, but taking into account only their own interests, did not take this step. But at the same time, there was no need to pay 550 rubles for a new technological connection; there was no need to move metering points to the borders 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 land owners. It would be possible for a legal entity to obtain a technological connection of the existing substation to the electrical networks of OJSC "MOESK". This route is disadvantageous in that we would have to again maintain the 10 kV line, substation and 0.4 kV electrical networks along the streets.
If you look carefully at the rules for technological connection, you can see the following: in PP No. 861, paragraph 17 says:
In relation to horticultural, gardening, dacha non-profit associations and other non-profit associations (garage construction, 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 15 kW for the third category of reliability (for one source of power supply), taking into account previously connected power receiving devices at a given connection point when connecting to the electrical networks of a network organization at a voltage level of up to 20 kV inclusive and the location of power receiving devices of these associations at a distance of no more than 300 meters in cities and urban settlements and no more than 500 meters in rural areas to existing power grid facilities of network organizations.
From the location of the 0.4 kV transformer substation of SNT "Romanovka" with a capacity of 250 kVA to the nearest 0.4 kV support in the village of Romanovka, 200 - 300 meters. The costs for each owner of the site would be equal to 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 sums of 5 million rubles, the chairmen did not intend to let go of the weapon for fighting individuals, the bird of happiness or the goose that lays golden eggs - electrical networks, intending to leave a common electric meter on the 10 kV side. Golden eggs are membership fees, because... If there is no common meter, then it is difficult to justify the need for the existence of a legal entity.
If the existing electrical networks in SNT "Romanovka" cannot be transferred to the balance of OJSC "MOESK", then what happened with the reconstruction of electrical networks? Factory "Wasted Labor". And the gardeners' money is down the drain.
If the electrical networks existing in SNT “Romanovka” cannot be transferred to the balance of JSC “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 this way: if we have the right to change the connection point, then we can agree with OJSC “MOESK” on an investment program for building new, proper electrical networks for us.
To do this, we visited the nearest office of OJSC “MOESK” and agreed with the manager that individual gardeners would submit applications for a new technological connection. A day later, two individual gardeners submitted an application for technological connection to the electrical networks of OJSC "MOESK", and then all the others.
At the beginning of the agreement on the implementation of technological connection of power receiving devices to electrical networks and technical specifications ( technical specifications) received by two people whose distance is more than 500 meters. The contract price is 194,505 rubles. They, of course, did not sign such an agreement.
TU MOESK undertakes: construction of a transformer substation BMKTP-10 kV, 1 piece, installation of a transformer with a capacity of 250 kVA, construction of one overhead line-10 kV - tap-off from overhead line-10 kV feeder 5 with RP-5, length - 550 meters, SIP wire 3 1x70, installation of a line 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 10 kV BMKTP, total length - 3400 m, SIP wire 2 3x95+1x95 (section of the overhead line-0 .4 kV feeder 1 and feed. 2 from RU-0.4 kV BMKTP should be made in a double-circuit design - 250 m).
As we see, far-sighted executives OJSC "MOESK" did not put into the technical specifications 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 area of the registration address of the legal entity SNT "Romanovka".
As we see, in order to reduce losses in 0.4 kV networks, the management employees of OJSC “MOESK” laid SIP wire with a cross-section of 95 millimeters square along the streets, and not 35 millimeters square, which was installed by the chairman of the board in 2011.
After a complaint to the Internet reception office of MOESK, 3 people received and signed contracts for 550 rubles (whose plots are located on the edge of SNT). The period for completing technological connection activities is 6 months.
Two months passed from submitting the application to receiving the first contract for 550 rubles.
We recently received a letter from OJSC “MOESK” with the following content:
"The contractor plans to complete construction and installation work on power supply to the land plots of 9 applicants in the village of Romanovka, Serpukhov district in the second quarter of 2014. The actual construction work will take 1-2 weeks. The project is currently undergoing the necessary approvals. Southern electrical networks are bringing their Apologies for the delay in completing the work."
So we will wait for the southern electrical networks to build us the right electrical networks.
It seems to us that when the contractor builds electrical networks for us, members of SNT “Romanovka” and members of the board, who at general meetings shouted that the wires of all individuals need to be cut, that they need to be kicked out of the plots, that our direct energy supply contracts are not legal, since they were concluded without their knowledge, sensing the benefits of a direct energy supply agreement for themselves personally, they will rush to draw up technological connection agreements with OJSC MOESK, and then an energy supply agreement with OJSC Mosenergosbyt.
And there is a benefit:
There is no need to pay double for losses in electrical networks (as part of the electricity tariff and to the SNT cash desk);
Receipts for electricity will be sent to the apartment; to pay for electricity, you do not need to hire a chairman of the board, an accountant, or a treasurer.
Some will be able to apply for a rural tariff.
Competent, non-aggressive members of SNT “Romanovka” are already asking when they can submit applications?
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 other objects.
There is a Russian proverb: “There are many people, but there is no smart person.”
They began to build a water supply system, then the chairmen of the board lost interest in this idea. Now large diameter pipes, pumping station and storage tanks are lying around within the boundaries of the land allocation of SNT "Romanovka". 10 or 11 tons of pipes with a diameter of 53 mm, purchased with money from SNT members, disappeared somewhere.
They decided to build another pond - according to the chairman, there is not enough water in the existing pond according to fire department standards. 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 standards, you need to have a fire reservoir or pond with a volume of 50 cubic meters, and in the existing pond there are tens of thousands of cubic meters of water, so there is no need to build anything.
We purchased rails for the stepsons of wooden supports. The rails were stolen.
They blocked the road 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 0.4 kV overhead power lines with payment for this to the SNT cash desk. The program was not implemented solely due to the reluctance of the then chairman of the board to do anything. None of the SNT members, with the exception of individuals, asked themselves the following question: “Do I need this?”
Who makes idiotic 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 matter? No. For many years, the decisions of meetings have been null and void, since they are held in the absence of a quorum.
If you remember, the list can be continued.
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 needed by the owners of the plots.
Conclusion: SNT "Romanovka" is the standard of bungling, obscurantism and lawlessness, although many gardeners from other SNT can say - But ours is even worse.
Naturally for the realities of our country, the installation work was not completed in the second quarter of 2014. On June 29, approximately 30 power transmission line supports were delivered, but no further movement was observed.
The corresponding complaints were sent through the Internet reception of OJSC "MOESK".
On July 2, a drilling machine and three workers appeared and began installing 10 kV supports. A drum of wires was unloaded onto the field.
You can familiarize yourself with Photos on the topic “Construction of electrical networks for 550 rubles” by looking at the photo album (item at the end of the “Photo Albums” menu).
According to unverified information, the chairman of the board intends to collect 21 thousand rubles from each site for technological connection. But they will bring the money. Recently, some joker posted an advertisement on behalf of the board asking for 300 rubles to be paid to clear the pond. They brought the money.
It turned out that the chairman of the board actually informs members of the Romanovka SNT at a meeting that they need 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 the Romanovka SNT.
The fee for technological connection is 550 rubles for each owner of a land plot.
The agreement for technological connection is concluded by each owner with JSC “MOESK” individually at the address: Bolshevik village, st. Karpova, 12. Money 550 rubles is transferred to the current account of OJSC “MOESK” upon conclusion of the contract. For 550 rubles, OJSC “MOESK” installs a 380 volt pole near the applicant’s site.
Documents for concluding an agreement with JSC “MOESK” on the implementation of technological connection are submitted by each owner individually to the address: Bolshevik village, st. Karpova, 12. Money 550 rubles is transferred to the current account of OJSC “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 SNT “Romanovka” cash desk.
In case of connection to the electrical networks of JSC “MOESK”, everyone will receive the following benefits:
- no need to pay for losses in electrical networks to the SNT cash desk;
- no need to hire an electrician or pay for repairs to electrical networks;
- receipts for electricity will be sent to the apartment; to pay for electricity, you do not need to hire a chairman of the board, an accountant, or a treasurer.
- there is an opportunity to apply for a rural tariff."
The advertisements hang for a maximum of half a day, then they are torn down. Advertisements are printed again 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.
On Saturday, July 5, we spent the entire day transporting supports from Moscow and putting them on the field. On Sunday, July 6, 0.4 kV poles were installed on one of the streets of SNT "Romanovka".
The gardeners reported that our announcements were being disrupted by the chairman of the board.
There are rumors that construction in SNT "Romanovka" is being carried out according to target program, which provides for the replacement of electrical networks of all SNT of Russia.
The following announcements have been posted:
"Dear gardeners!
Someone is spreading rumors that in 2012, Russia adopted a program to replace the electrical networks of SNT and that construction in SNT “Romanovka” is carried out according to 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 OJSC "MOESK".
The fee for technological connection to new networks is 550 rubles for each owner of a land plot. The board of SNT "Romanovka" has nothing to do with these agreements. There is no need 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 solely 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 poles. However, work never began. Apparently there are problems.
July 10. Apparently things didn't work out with cutting down trees. Today we started installing supports between the trees. We'll post photos later.
For more than a month, the installers did not appear at SNT "Romanovka". As we understand, they were transferred to another facility. On August 18, they showed up, did a little work, installed supports on three more streets, pulled wires on two more streets, but the drilling machine broke down.
Work continued in September. At the end of August, a substation with a 250 kVA transformer was installed. Two individuals handed over their accounting units to the representative of OJSC "MOESK". We hope that the work will someday be completed and we will connect to the electrical networks of the network organization and disconnect from the SNT networks.
Installation work was completed on the twentieth of September. On the northern side of SNT (behind the pond), installation work will be carried out next year. On the south side all work has been completed.
In August, they stopped accepting applications from members of SNT "Romanovka" for technological connection at the office of OJSC "MOESK" in the village. Bolshevik. Allegedly, the new head of Southern Electric Networks came and forbade accepting applications.
Previously, we wrote: “If there are many citizens who have received direct technological connection to the electrical networks of a network organization, this will force network organizations to accept SNT networks on their balance sheet in order to avoid unnecessary expenses.” There are rumors that OJSC "MOESK" is ready to take over the 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 OJSC "MOESK", acts of delimitation of the balance sheet ownership of electrical networks and delimitation of the operational responsibilities of the parties, acts of admission of metering devices into operation and took them to the office of OJSC "Mosenergosbyt" to conclude 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 take place.
Agenda:
Connection to the Southern Electric Networks - branch of OJSC "MOESK". Their conditions: transfer our electrical networks to their balance free of charge - 5 minutes.
To remain with your (as written in the original advert) electrical networks as they currently are – 5 minutes.
Miscellaneous..... - 20 minutes.
(collection and registration at the trailer at 13-30)."
It is not clear why the advertisement included an appeal to individual gardeners. Almost all of them have contracts for technological connection to the electrical networks of OJSC “MOESK” for 550 rubles. And the issues of disposing of property that is 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 into the heads of SNT members the thesis that if everyone enters into direct energy supply contracts, then, according to these contracts, the electricity supply points will move to the border of the SNT members’ plots and the electrical networks within the boundaries of the land allotment SNT "Romanovka" will sooner or later be transferred to the balance sheet of the network organization. However, the board said: “We will not give our property to anyone.”
Now this can happen forcibly, under pressure from OJSC "MOESK". You transfer the networks to us, and we accept applications for technological connection from SNT members. You do not transfer the 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 member of SNT “Romanovka” knows about this and which network organization is currently bothering to comply with the laws if money is at stake?
If a positive decision is made, then SNT members should wait for the amount of the target contribution to be established for the preparation of documentation for the free transfer of electrical networks. In this case, the disappearance of electrical networks belonging to SNT "Romanovka" will occur faster.
Members of SNT "Romanovka" missed another option. In 2010, the head of the Serpukhov district gathered the chairmen of the board 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.
We don’t know to what percentage this idea was implemented. Most likely, this program stumbled due to the reluctance of the board chairmen to let go of the weapon of blackmail and extortion - the electrical networks of non-profit associations. No one at SNT “Romanovka” had ever heard of this program.
November 1, 2014. An authorized meeting of SNT "Romanovka" was held, which voted by a majority of votes for the free transfer of the electrical networks of SNT "Romanovka" to the balance sheet of OJSC "MOESK". How much the members of SNT "Romanovka" will have to pay for this has not been 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 have registered a residential building (purpose - non-residential), a residential building (purpose - residential), a residential building (purpose - non-residential), a residential building (purpose - residential) on a land plot, then receive a rural tariff.
Order 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 whom in 2014, on the grounds provided for in paragraphs 1 and 2 of this Procedure, electricity tariffs with a reduction factor are applied:
- horticultural, gardening or dacha non-profit associations of citizens - non-profit organizations established by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening, vegetable gardening and dacha farming, in relation to the volume of electrical energy purchased in the interests of the population consuming electricity energy in residential buildings (residential buildings) located in rural areas."
How does a transformer work? - UUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU its
At the beginning of February 2015, the transformer from JSC “MOESK” began to hum, and voltage appeared on the lines from JSC “MOESK”.
This event was supposed to happen at the end of 2014, but something didn’t work out for them. A claim was filed with Mosenergosbyt OJSC: - Energy supply contracts were concluded, but you don’t sell electricity, why did you conclude them? This is not good.
So now people who have entered into an energy supply agreement with Mosenergosbyt OJSC come to the site, quickly disconnect from the SNT lines and connect to the lines from MOESK OJSC.
The destruction of weapons for blackmail by disconnecting and extorting money from gardeners (electric networks of SNT "Romanovka") has begun.
Chinakaev Shamil,
individual gardener.
Light / Electricity in SNT
Attention gardeners and SNT chairmen! QUESTION OF ENERGY SUPPLY! An attempt to say what and how it is now, and how it can be corrected. Whether or not to take advantage of what is stated here is up to everyone to decide for themselves.
Existing problems of SNT today. The main thing is the wear and tear of the networks!
Old emergency substations, worn out power lines, lack of power, complete absence electricity in some places. The networks belong to gardening associations, but they have to maintain them in proper condition, modernize, replace or repair them at their own expense. Which is a serious financial burden on SNT and not everyone can afford it.
It is no secret that more than 80% of the power grid facilities of garden and dacha associations have fallen into disrepair and require replacement. Hence - losses, shutdowns, accidents, maintenance costs...
And according to the Law “On Electric Power Industry”, the burden of maintenance is borne by the owner; gardeners pay not only the tariff, but also associated costs for: maintenance of networks, their major and current repairs.
Network maintenance
We should also not forget about the vast territories of some horticultural areas and the problems associated with the location of a number of electrical grid facilities. Rough terrain, forests, swamps - working in such conditions requires special equipment and technology, and special skills. Therefore, not every electric power company is ready and able to engage in gardening.”
Losses
According to the Law “On Electric Power Industry”, the owner of the networks bears the cost of losses in networks; gardeners pay not only the tariff, but also energy losses. The amount of losses also depends on the technical condition of power equipment and networks. If the electrical equipment is dilapidated, losses are inevitable.
Maintaining a highly qualified electrician
The law obliges the owner of the networks to have on its staff a highly qualified employee certified by Rostechnadzor with the appropriate clearance groups responsible for the energy sector. Which, in the light of increasingly stringent safety requirements, will have to study regulatory documents, categorize objects, draw up safety data sheets, coordinate them with authorized bodies, and so on. The maintenance of such a highly qualified specialist requires appropriate payment. Which is beyond the capabilities of most SNT. There are a lot of examples where people who are considered energy workers are far advanced in age and have dubious credentials.
Legal aspect: “under the article” chairmen
Not all chairmen, and especially the majority of new chairmen of SNT, do not understand what legal responsibility they assume when becoming the head of SNT, which has high-voltage equipment and networks.
A few words for the chairmen of the boards of gardening associations. Accepting power grid infrastructure facilities that are in an unknown state, they take risks. But not everyone realizes this!
"On the safety of fuel and energy complex facilities." Came into force on October 25, 2011.
As stated in the accompanying note to the Federal Law: “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 energy facilities). Defines the powers of government bodies, as well as the rights, duties and responsibilities of legal entities and individuals who own fuel and energy complex objects by right 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 “result in the infliction of serious harm to human health through negligence.” As well as causing major damage or death of one or more people. This innovation is being implemented by adding Article 217.1 to the Criminal Code of the Russian Federation. The law will place the jurisdiction of criminal cases for crimes provided for in this article of the Criminal Code of the Russian Federation under the jurisdiction of the authorities Federal service security. The law defines that the security of fuel and energy complex facilities is the state of protection of fuel and energy complex facilities from acts of illegal 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, resulting in harm to human life and health, damage or destruction of property or creating a threat of such consequences.
Separate Expense Item: Those cash, which SNT collects in excess of the established tariff for maintaining networks. For example, the tariff set by the Committee is 1.88 rubles. And for example, 2.68 rubles are collected. Then this difference of 0.80 rubles should be recorded as a separate line of additional expenses. Otherwise, this is also an offense.
Confusion and hassle
People constantly spend their money on repairs and maintenance of networks, without understanding why they pay so much.
Therefore, chairmen often have to carry out explanatory work with residents of partnerships: explain to them how much they paid directly for consumed electricity, how much for losses, and how much for replaced poles, transformers, wires and other equipment.
And so this chain continues: power grids are deteriorating, people are paying more and more, the chairman, who
Claims are constantly being made, and I am forced to constantly justify myself.
What are the benefits and what is the consumer (SNT) entitled to by transferring the networks to the energy company?
The energy company can remove from SNT and its manager the above-mentioned heavy financial and legal burden associated with the issue of power supply in terms of high-voltage lines.
How this can be done and what it looks like:
Firstly, no one has canceled the principle of division of labor - everyone should mind their own business.
The same is true in the electric power industry - power grids must be operated by professionals, that is, power grid companies.
It is even more important that the energy company must comply ByLaw "On Electricity", these works at your own expense. Without charging you any additional fees. That's what the law says.
Why pay twice? A little arithmetic
Let's start with the fact that while the networks are on the balance sheet of gardening, it already incurs unnecessary costs, paying money twice for the same service, namely for the delivery of electricity.
Let's explain this using the example of the Leningrad region, where one kilowatt hour of electricity costs gardeners 2 rubles 59 kopecks. As a rule, gardeners do not know that the cost of electricity itself from this amount is only one and a half rubles, and 1 ruble 9 kopecks costs the delivery of electricity through networks from the generating company to the consumer, and this amount includes the costs of repairing and modernizing networks , for the replacement of substations, reconstruction of network electrical facilities. But gardeners are forced to pay extra for the delivery of electricity and maintenance of networks, in addition to the tariff, which already takes into account these costs. If we try to draw some kind of analogy, let's imagine the following situation: a person buys a sofa with delivery from the store to his home and pays money for it.
And then, for something, on his own initiative, he takes and orders a Gazelle, which breaks down a couple of times along the way, pays for spare parts and gasoline out of his own pocket, and finally brings the sofa home, despite the fact that the seller and so I should have delivered this sofa to him for free. Absurd!
But the situation with electricity tariffs is almost the same! Delivery is already included in it from the beginning, but gardeners, who are the owners of the networks, nevertheless pay for this delivery again out of their own pockets. Thus, having networks at their disposal, gardeners are forced to overpay for electricity.
Transferring electrical equipment to the balance sheet of an energy company is one of the options for solving SNT’s problems. This removes all the headaches from the owners of outdated substations, poles and wires.
Let us remind you that whoever is the owner is:
— PAYS FOR SERVICING AND MAINTENANCE OF NETWORKS
— Pays FORLOSSESin networks
— Pays FORMAINTAINING HIGHLY QUALIFIED PERSONNEL
— PAYS FOR MODERNIZATION AND UPDATE OF NETWORK FACILITIES
— Bears LEGAL RESPONSIBILITY FOR THE CONDITION AND SECURITY OF THE NETWORK ECONOMY
You can call this differently the social division of labor, a systematic approach, the “owner factor”... The main thing is that this step brings real savings to the end consumer.
By taking on the balance sheet of the electricity grid of dacha and gardening partnerships, it realizes the gardener’s cherished dream - to receive electricity, like in the city.
No worries about paying for losses, repairing and replacing wires, installing new substations and working with emergency crews...
And most importantly, gardeners will have someone in charge who can be held accountable for the proper operation of electrical networks. Only advantages and not a single disadvantage for the end consumer.
Therefore, from the transmission of networks network company everyone will benefit: all gardeners who will pay only according to the tariff, and chairmen who will throw off this burden of responsibility and unnecessary worries.
Typical fears - based on the principle “Free cheese only comes in a mousetrap”
- No cheese or mousetraps - THERE IS A FEDERAL LAWRF dated March 26, 2003 N 35-ФЗ "About the electric power industry"
and everything said above is spelled out there, we just informed you about what is spelled out there and offer to take advantage of this law.
And yet there is mistrust, okay, let's talk further. So what concerns arise:
“They will take it away and raise prices”
If we are talking about tariffs, in response we immediately want to ask: on what basis? The fact is that the tariff is set by the Tariff Committee of the Region, Region, Territory, Republic. The tariff is set for a calendar year and no energy company has the right to set or change the tariff.
“They will take away the networks and issue incredible bills for maintenance”
If the networks are on the balance sheet of the energy company, then all maintenance costs own networks, is borne by the OWNER OF THE NETWORKS.
“On the issue of inspections of the condition of the power facility by Rostechnadzer with the typical response of the chairman: Nothing! It will pass. How many times did they check and nothing happened, we came to an agreement somehow”
Well, yes, everything for the time being. Remember the ship called “Bulgaria”. There, the owners of the ship also somehow agreed with Rostekhnadzor, since they were released on the Voyage. Well, I don’t think it’s necessary to tell what happened to the Rostekhnadzor employee and the shipowner.
"They'll steal power"
Behind this formula lies the fear that someone will not have enough electricity when connecting new consumers. According to the “Rules of non-discriminatory access to services for the transmission of electrical energy and the provision of these services” (Decree of the Government of the Russian Federation of December 27, 2004 No. 861), the network organization is obliged to deliver to the consumer the power specified in the contract with the electricity supplier (sales company). The network company is interested in ensuring that all consumers do not experience a shortage of electricity. Therefore, she ensures that all necessary technical conditions are met for new connections. If necessary, the wires will be replaced, the circuit optimized, etc. When networks are transferred to the balance sheet of a network company, individual consumers most likely will not notice this work. They may or may not see it or feel it. Unless replacing a substation will take one or two days, but the gain is worth it.
« Our networks will be scrapped"
Absurd. With the cost of one ton of scrap metal being about 2,000 rubles, the cost of dismantling and transportation to the nearest collection point will be tens of times more. Who would spend tens of thousands to earn two thousand?
“How will SNT, in the event of the transfer of electrical facilities, avoid paying for losses in networks?”
So, if SNT transfers its electric grid facilities to the ownership of an energy company, when re-signing an agreement with its sales company for the next calendar year, in the application, the line for losses in high-voltage networks will be marked “0”.
“And you know! You’ll take away the nets, but nothing will be done!”
Some chairmen of gardening companies have the position that as a result of the transfer of networks, there is a risk that the company that took the networks on its balance sheet will not modernize anything, so as a result, sooner or later, everything will completely fall apart, and everyone will sit without electricity, and again they will have to spins itself as before.
But today the situation is such that in gardening enterprises that own networks, in most cases, even now nothing is being done in terms of their modernization, since there are neither financial nor human resources for this. So, firstly, even if, abstracting from reality, we imagine that after the transfer of networks to the energy company, it will not lift a finger to update them, then nothing will change in the life of gardeners from this transfer.
But, at a minimum, there will already be a company that you can point your finger at and say: “They are to blame for our problems with energy supply!”
At the same time, by the way, the chairman of gardening will also get rid of a number of problems due to which he risks, under certain circumstances, being taken to court, for example, from liability for the death of people from an impact electric shock in faulty networks. The utility company knows full well that if it doesn't do anything about its aging networks, they will collapse.
And then the energy company itself will stop receiving income, then the sales company will immediately ask it for this first of all. After all, it will lose the consumer-payer from whom it earned money: “She will tell the energy company - We received 100 thousand rubles monthly from this consumer, and you received us They deprived me of this money!” In addition, do not forget about Rostekhnadzor. If he turns a blind eye to something in SNT, then he will ask the Energy Company in full. In addition, all energy companies are included in the register of monopoly structures and are regularly subject to both scheduled and unscheduled inspections. So, there are more than enough controllers in this system.
You can go to the website of the Ministry of Energy and watch a video recording of the meeting from April 22, 2011 at the Ministry of Energy of the Russian Federation under the leadership of the Minister of Energy of the Russian FederationS.I. Shmatko held a meeting on energy supply issues for gardening partnerships.
At this meeting, a plan for modernizing the energy sector of the SNT of the Russian Federation was worked out.
Pilot projects in accordance with this plan have already started in 6 regions of the Russian Federation.
- Rostov-on-Don
- Saratov
- Ekaterinburg
- Novosibirsk
- Volgorad
- Nizhny Novgorod
(a meeting on the issues of efficient energy supply to gardening partnerships, you can watch:
The members of the working group formed as a result of this meeting are:
- Deputy Department of Property Management of JSC IDGC Holding - T.V. Vinogradova
- Chairman of the Board of NP "GPiESK" - Yu.A. Zhelyabovsky
By and large, I haven’t said anything new here. I simply retold what is stated in the current legislation.
You can use these prescribed rights, or you can ignore them.
The choice is yours how to live, what to pay for and what not to pay for if there is such a legal opportunity.
Best regards, Sergei.
Transfer of energy facilities to a third-party network organization
So, before we take a big step, let's think together. The following are just thoughts out loud, which are purely subjective and are not stated as an axiom.
MOESK is ready to take over their power grids from SNT. Conditions: status of a non-profit organization with the transferring party, completed documents and working equipment. “Today, JSC MOESK has a practice of accepting ownership of electrical grid property transferred free of charge by third parties. This procedure is carried out on the basis of an agreement for the gratuitous transfer of electric grid facilities.
In this case, three conditions must be met. First, the transferor must be a non-profit organization. Secondly, it is required to have a full package of technical, title and title documentation for the transferred objects, as well as the land plots under them. Thirdly, the transferred equipment must be technically sound.”
Sources: MOESK
Order 846 of October 19, 2012 determines the mechanism for transferring networks to SNT MOESK. The SNT network itself (electric line) + package transformer substation must be registered in the Unified State Register:
1. A certificate of state registration of ownership of the objects must be issued.
2. A cadastral passport of the property must be issued. + in addition to these documents, SNT must submit: constituent documents and the annual balance sheet of SNT for the previous year
3. certificate of book value of the property
4. information about the presence of those responsible for electrical equipment + certificate + certification in Rostekhnadzor
5.information on the number of households connected to the transmitted power line
6.information on the availability of individual metering devices
Here is the full list of documents:
1. Statement
2. Constituent documents(Charter), in full;
3. Document confirming approval for the position 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 partnership members to carry out the transaction
7. List of transferred electrical network property
8. Documents confirming ownership of electrical network property
9. Certificate of state registration of ownership of electric grid property
10. The act “On admission to operation of an electrical installation” and the act on delimitation of balance sheet ownership must be signed and sealed.
11. Contracts for the construction of lines and substations;
12. Technical passport for electrical grid facilities
13. Certificate for a land plot allocated for the construction/operation of electrical grid property.
14. Cadastral passport.
15. Contract for the construction of power supply facilities
16. Technical agreement accession
17. Specifications
18. Information about technical condition networks (% depreciation, book/residual value, year of commissioning, length of networks, power of substations, certificate of electricity balance (losses, supply to the network, useful supply).
19. Report on determining the market value of property (appraisal)
After everything is presented working group Having arrived at the place and inspected everything (having the documents provided), MOESK WILL DECIDE TO TAKE THE SNT NETWORK OR NOT.
At one time, each SNT received the specifications, made a project and concluded an agreement with a contractor, built a network, the network company accepted it, and electricity flowed through the wires. But each SNT then had to register the right to a linear facility (electric line + package transformer substation) and receive a certificate. Perhaps at one time this was not required.
But then 2013 came and the networks said: YOU WANT TO TRANSFER TO US AN ELECTRICAL LINE WITH POSTS + PTS, THEN FILE EVERYTHING AS DUE 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 accuracy class (and for all members of the SNT).
WHAT TO DO IF PART OF THE DOCUMENTS ARE MISSING? DESIGN. The decision on the transfer of networks and on the issue of concluding direct contracts IS ADOPTED BY THE GENERAL MEETING OF SNT MEMBERS AND only after that can we begin to work on this issue. All the work may take several years and it is not a fact that every chairman will be able to complete this work. If you turn to intermediaries, they will take a decent amount of money, so gardeners should all think: TRANSFER THE NETWORK + CONCLUSION OF DIRECT CONTRACTS OR WORK TOGETHER WITHIN THE FRAMEWORK OF SNT ON THE ISSUE OF ELECTRIC SUPPLY TO GARDENERS.
But at the same time, maintaining networks belonging to gardening partnerships in proper 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 Electric Power Industry” dated March 26, 2003 No. 35-FZ (as amended on November 25, 2013), the burden of maintenance is borne by the owner; gardeners pay not only the tariff, but also associated costs for:
- content of networks,
- their major and current repairs, otherwise an increase in losses in the network is inevitable.
That is, the owner pays:
- FOR MAINTENANCE AND MAINTENANCE OF NETWORKS;
- FOR LOSSES in networks;
- FOR MAINTAINING HIGHLY QUALIFIED PERSONNEL;
- FOR MODERNIZATION AND UPDATE OF NETWORK FACILITIES;
- bears LEGAL RESPONSIBILITY FOR THE CONDITION AND SECURITY OF THE NETWORK ECONOMY
Why is it beneficial for gardeners to transfer the SNT power grid 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 for 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 the step-down transformer precisely in winter time, when it works, as they say, at idle speed without massive consumption of electricity by consumers.”
2. Maintenance, repair, reconstruction at the expense of MOESK. For repair work and maintenance, MOESK has the right to hire contractors (only for work) and at its own expense!
3. Each gardener who needs this power will receive an increase in power to 15 kW for 550 rubles.
4. Payment directly to the energy company, i.e. individual subscription.
5. The law obliges the owner of the networks to have on its staff a highly qualified employee certified by Rostekhnadzor with the appropriate clearance groups responsible for the energy sector.
In light of increasingly stringent 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 maintenance of such a highly qualified specialist requires appropriate payment. Which is beyond the capabilities of most SNT. There are a lot of examples where people who are considered to be energy workers are well advanced in age and have dubious credentials.
the federal law Russian Federation dated July 21, 2011 N 256-FZ
“On the safety of fuel and energy complex facilities.” Came 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 energy facilities). Defines the powers of government bodies, as well as the rights, duties and responsibilities of legal entities and individuals who own fuel and energy complex objects by right 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 “resulting through negligence in causing serious harm to human health,” as well as causing major damage or the death of one or more people. This innovation is being implemented by adding Article 217.1 to the Criminal Code of the Russian Federation. The law will place the jurisdiction of criminal cases for crimes provided for in this article of the Criminal Code of the Russian Federation under the jurisdiction of the Federal Security Service.
The law defines that the security of fuel and energy complex facilities is the state of protection of fuel and energy complex facilities from acts of illegal 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, resulting in harm to human life and health, damage or destruction of property, or creating the threat of such consequences.
Separate Item of Expenses: those funds collected by SNT in excess of the established tariff for the maintenance of networks. Gardeners constantly spend their money on repairs and maintenance of networks, without understanding why they pay so much.
And so this chain continues: power grids are deteriorating, people are paying more and more.
In the electric power industry, power grids should be operated by professionals, that is, power grid companies and necessarily under a contract, and not by “leftist” specialists on a one-time call for a lot of money in their pockets.
What are the benefits and what is the consumer (SNT) entitled to by transferring the networks to the energy company?
The energy company can relieve SNT and its manager of the above-mentioned heavy financial and legal burden associated with the issue of power supply in terms of high-voltage lines.
It is all the more important that, according to the Electricity Law, the energy company must carry out these works at its own expense, without charging any additional fees. That's what the law says.
Transferring electrical equipment to the balance sheet of an energy company is one of the options for solving SNT’s problems. This removes all the headaches from the owners of old substations, poles and wires.
Gardeners will have someone in charge who can be held accountable for the proper operation of electrical networks.
When connecting new consumers in accordance with the “Rules of non-discriminatory access to services for the transmission of electrical energy and the provision of these services” (Resolution 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 specified in the agreement with the electricity supplier (sales company). When signing an agreement with your sales company for the next calendar year, in the application, the line of losses in high-voltage networks will be marked “0”.
Therefore, everyone will benefit from the transfer of networks to a network 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 sheet of a network company:
1.No fees for losses in electrical networks.
Here you should understand what amount we're talking about. If last year I paid 1000 rubles for used electricity, then I went broke in the amount of 200-250 rubles, no more. So donate to the network in order to save 200 rubles. I am not interested. However, if a gardener paid 20,000 rubles in a year, then there is already something to save. So with this point, everyone clearly decides for themselves whether they are saving or not.
2. Service at the expense of MOESK
Regarding the content. The maintenance of our networks (expenses, electrician, etc.) is included in the membership fee. However, we can only serve the “low” part. For servicing the “high” part, you can enter into an agreement with MOESK - the issue price for operational servicing is ~ 30 thousand rubles. per year, for operational and technical ~ 60 rubles per year. At the same time, they will be required to come to accidents and eliminate their consequences (but this will cost some money depending on the scale of the disaster).
3. Repair, reconstruction at the expense of MOESK.
This is a compelling argument. But in principle, our networks are not in danger of being completely worn out in the near future, so we have some time to “smoke on the sidelines” and think about whether to transfer or not to transfer without rushing, without investing in the reconstruction of networks. However, this is before the first accident, where you will have to pay a tidy sum.
On the other hand, at whose expense (at their own expense, from the budget, ours) will this repair or modernization be carried out? And on what basis? Well, if there is an accident, then it’s clear, by law we must be provided with light within 24 hours after the accident. But what should serve as the basis for starting reconstruction or modernization? Why would MOESK suddenly rush to reconstruct a dead-end line that supplies power to 100 people, and to which no one can be connected, even if you install a 500 kW transformer? It's not profitable for them. Most likely, on paper, they will not refuse such modernization, and will feed breakfast 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. Every gardener who needs this power will receive an increase in the power of each household to 15 kW for 550 rubles. Attention: after the gardener has completed the specifications from MOESK and checked for compliance with the specifications and for compliance of its internal electrical part with fire and electrical standards. And this is also an investment. It’s interesting that every gardener who wants 15 kW has such a correspondence....
Theoretically, this is true, but as far as I understand, we have been allocated a certain power per SNT and, when switching to direct contracts, we can only claim 1.8 kW of guaranteed power allocated to each site (according to calculations, our transformer can easily handle 10 kW). Those. In order to receive a GUARANTEED 15 kW, MOESK will theoretically have to change the transformer and wires (if necessary).
On the other hand, now we do not have restrictions in kW and the power in the areas is regulated only by the equipment installed at the entrance to the house. For now, we regulate the supplied power ourselves. Moreover, given the current congestion of our networks, this may exceed 15 kW.
Therefore, I propose not to take this into account as a plus, because it can also be considered as a minus.
Before making a decision, let's calculate the costs, or rather their payback...
So, before we take a big step, let's think together.
MOESK is ready to take over their power grids from SNT. Conditions: status of a non-profit organization with the transferring party, completed documents and working equipment.
Representatives of the Moscow United Electric Grid Company OJSC (MOESK) took part in a round table on the topic: “Questions, problems and difficulties that arise when concluding power supply contracts between horticultural associations and Mosenergosbyt OJSC.” MOESK was represented by the director of the department for electricity transport, Sergei Saltykov, and the head of the department for the provision of electricity transport services, Maxim Malyvanov.
The chairmen of gardening associations in 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 power grid property of gardening associations to the balance sheet of MOESK.
Answer from Sergei Saltykov “Today, JSC MOESK has a practice of accepting ownership of electrical grid property transferred free of charge by third parties. This procedure is carried out on the basis of an agreement for the gratuitous transfer of electric grid facilities.
In this case, three conditions must be met. First, the transferor must be a non-profit organization. Secondly, it is required to have a full package of technical, title and title 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 the property to the balance of the local government.
Sources: MOESK
Order 846 of October 19, 2012 determines the mechanism for transferring networks to SNT MOESK. The SNT network itself (electric line) + package transformer substation must be registered in the Unified State Register:
1. A certificate of state registration of ownership of the objects must be issued.
2. A cadastral passport of the property must be issued. + in addition to these documents, SNT must submit: 1. constituent documents 2. annual balance sheet of SNT for the previous year
3. certificate of book value of the property
4. information about the presence of those responsible for electrical equipment + certificate + certification in Rostechnadzor
5.information on the number of households connected to the transmitted power line
6.information on the availability of individual metering devices
Here is the full list of documents:
1. Statement
2. Constituent documents (Charter), in full;
3. Document confirming approval for the position 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 partnership members to carry out the transaction
7. List of transferred electrical network property
8. Documents confirming ownership of electrical network property
9. Certificate of state registration of ownershipfor electrical network property
10. The act “On admission to operation of an electrical installation” and the act on delimitation of balance sheet ownership must be signed and sealed.
11. Contracts for the construction of lines and substations;
12. Technical passport for electrical grid facilities
13. Certificate for a land plot allocated for the construction/operation of electrical grid property.
14. Cadastral passport.
15. Contract for the construction of power supply facilities
16. Technical agreement accession
17. Specifications
18. Certificate of technical condition of networks (% of depreciation, book/residual value, year of commissioning, length of networks, power of substations, certificate of electricity balance (losses, supply to the network, useful supply).
19. Report on determining the market value of property (appraisal)
After everything is presented, the MOESK working group, having arrived at the site and inspected everything (having the documents provided), WILL DECIDE TO TAKE THE SNT NETWORK OR NOT.
At one time, each SNT received the specifications, made a project and concluded an agreement with a contractor, built a network, the network company accepted it, and electricity flowed through the wires. But each SNT then had to register the right to a linear facility (electric line + package transformer substation) and receive a certificate. Perhaps at one time this was not required.
But then 2013 came and the networks said: YOU WANT TO TRANSFER TO US AN ELECTRICAL LINE WITH POSTS + PTS, THEN FILE EVERYTHING AS DUE 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 accuracy class.
WHAT TO DO IF PART OF THE DOCUMENTS ARE MISSING? DESIGN. The decision on the transfer of networks and on the issue of concluding direct contracts IS ADOPTED BY THE GENERAL MEETING OF SNT MEMBERS AND only after that can we begin to work on this issue. All the work may take several years and it is not a fact that every chairman will be able to complete this work. If you turn to intermediaries, they will take a decent amount of money, but the intermediary company itself will not register the ownership of the houses, the documents for which must be included in the package. So gardeners should all think: TRANSFER THE NETWORK + ENTER DIRECT CONTRACTS OR WORK TOGETHER WITHIN THE SNT ON THE ISSUE OF ELECTRIC SUPPLY TO GARDENERS.
But at the same time, maintaining networks belonging to gardening partnerships in proper 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 Electric Power Industry” dated March 26, 2003 No. 35-FZ (as amended on November 25, 2013), the burden of maintenance is borne by the owner; gardeners pay not only the tariff, but also associated costs for:
- content of networks,
- their major and current repairs, otherwise an increase in losses in the network is inevitable.
That is, the owner pays:
- FOR MAINTENANCE AND MAINTENANCE OF NETWORKS;
- FOR LOSSES in networks;
- FOR MAINTAINING HIGHLY QUALIFIED PERSONNEL;
- FOR MODERNIZATION AND UPDATE OF NETWORK FACILITIES;
- bears LEGAL RESPONSIBILITY FOR THE CONDITION AND SECURITY OF THE NETWORK ECONOMY
Why is it beneficial for gardeners to transfer the SNT power grid 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 for 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 the step-down transformer precisely in the winter, when it operates, as they say, at idle without massive consumption of electricity by consumers.”
2. Maintenance, repair, reconstruction at the expense of MOESK. For repair work and maintenance, MOESK has the right to hire contractors (only for work) and at its own expense!
3. Each gardener who needs this power will receive an increase in power to 15 kW for 550 rubles.
4. Payment directly to the energy company, i.e. individual subscription.
5. The law obliges the owner of the networks to have on its staff a highly qualified employee certified by Rostekhnadzor with the appropriate clearance groups responsible for the energy sector.
In light of increasingly stringent 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 maintenance of such a highly qualified specialist requires appropriate payment. Which is beyond the capabilities of most SNT. There are a lot of examples where people who are considered energy workers are far advanced in age and have dubious credentials.
Federal Law of the Russian Federation of July 21, 2011 N 256-FZ
“On the safety of fuel and energy complex facilities.” Came 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 energy facilities). Defines the powers of government bodies, as well as the rights, duties and responsibilities of legal entities and individuals who own fuel and energy complex objects by right 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 “result in the infliction of serious harm to human health through negligence,” as well as causing major damage or the death of one or more people. This innovation is being implemented by adding Article 217.1 to the Criminal Code of the Russian Federation. The law will place the jurisdiction of criminal cases for crimes provided for in this article of the Criminal Code of the Russian Federation under the jurisdiction of the Federal Security Service.
The law defines that the security of fuel and energy complex facilities is the state of protection of fuel and energy complex facilities from acts of illegal 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, resulting in harm to human life and health, damage or destruction of property, or creating the threat of such consequences.
Separate Expense Item: those funds collected by SNT in excess of the established tariff for the maintenance of networks.Gardeners constantly spend their money on repairs and maintenance of networks, without understanding why they pay so much.
And so this chain continues: power grids are deteriorating, people are paying more and more.
In the electric power industry, power grids should be operated by professionals, that is, power grid companies and necessarily under a contract, and not by “leftist” specialists on a one-time call for a lot of money in their pockets.
What are the benefits and what is the consumer (SNT) entitled to by transferring the networks to the energy company?
The energy company can relieve SNT and its manager of the above-mentioned heavy financial and legal burden associated with the issue of power supply in terms of high-voltage lines.
It is all the more important that, according to the Electricity Law, the energy company must carry out these works at its own expense, without charging any additional fees. That's what the law says.
Transferring electrical equipment to the balance sheet of an energy company is one of the options for solving SNT’s problems. This removes all the headaches from the owners of old substations, poles and wires.
Gardeners will have someone in charge who can be held accountable for the proper operation of electrical networks.
When connecting new consumers in accordance with the “Rules of non-discriminatory access to services for the transmission of electrical energy and the provision of these services” (Resolution 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 specified in the agreement with the electricity supplier (sales company). When signing an agreement with your sales company for the next calendar year, in the application, the line of losses in high-voltage networks will be marked “0”.
Therefore, everyone will benefit from the transfer of networks to a network 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 sheet of a network company:
1.No fees for losses in electrical networks.
Here you should understand what amount we are talking about. If last year I paid 1000 rubles for used electricity, then I went broke in the amount of 200-250 rubles, no more. So donate to the network in order to save 200 rubles. I am not interested. However, if a gardener paid 20,000 rubles in a year, then there is already something to save. So with this point, everyone clearly decides for themselves whether they are saving or not.
2. Service at the expense of MOESK
Regarding the content. The maintenance of our networks (expenses, electrician, etc.) is included in the membership fee. However, we can only serve the “low” part. For servicing the “high” part, you can enter into an agreement with MOESK - the issue price for operational servicing is ~ 30 thousand rubles. per year, for operational and technical ~ 50 rubles per year. At the same time, they will be required to come to accidents and eliminate their consequences (but this will cost some money depending on the scale of the disaster).
3. Repair, reconstruction at the expense of MOESK.
This is a compelling argument. But in principle, our networks are not in danger of being completely worn out in the near future, so we have some time to “smoke on the sidelines” and think about whether to transfer or not to transfer without rushing, without investing in the reconstruction of networks. However, this is before the first accident, where you will have to pay a tidy sum.
On the other hand, at whose expense (at their own expense, from the budget, ours) will this repair or modernization be carried out? And on what basis? Well, if there is an accident, then it’s clear, by law we must be provided with light within 24 hours after the accident. But what should serve as the basis for starting reconstruction or modernization? Why would MOESK suddenly rush to reconstruct a dead-end line that supplies power to 100 people, and to which no one can be connected, even if you install a 1000 kW transformer? It's not profitable for them. Most likely, on paper, they will not refuse such modernization, and will feed breakfast 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. Every gardener who needs this power will receive an increase in the power of each household to 15 kW for 550 rubles. Attention: after the gardener has completed the specifications from MOESK and checked for compliance with the specifications and for compliance of its internal electrical part with fire and electrical standards. And this is also an investment. It’s interesting that every gardener who wants 15 kW has such a correspondence....
Theoretically, this is true, but as far as I understand, we have been allocated a certain capacity per SNT and, when switching to direct contracts, we can only claim 1.8 kW of guaranteed power allocated to each site. Those. In order to receive the GUARANTEED 15 kW, MOESK will theoretically have to change the transformer and wires (if necessary). But when visiting MOESK we were told that we would still have to fork out for the trans and its replacement, it would just be a little cheaper per round than if we didn’t give the network away. This question is not clear at all. Here you need to dig into the laws.
On the other hand, now we do not have restrictions in kW and the power in the areas is regulated only by the equipment installed at the entrance to the house. For now, we regulate the supplied power ourselves. Moreover, given the current congestion of our networks, this may exceed 15 kW.
Therefore, I propose not to take this into account as a plus, because it can also be considered as a minus.
5. Pay directly to the energy company, i.e. individual subscription.
The transition to direct contracts is possible without network transfer. Moreover, it is better to use exactly this order - first switch to an individual, then transfer to the network. Otherwise, the transfer of networks will lead to chaos and confusion with calculations and recalculations in the MES, because for some period SNT will be a subscriber to the MES and will have to pay the bills. And the period of transition will be a heavy burden for all of us from the point of view. payment for electricity. Therefore, it is better for us to do this ourselves, carefully tracking the transition for each gardener. And then transfer it to the network.
By the way, an individual transition to direct contracts will cost much less than the transfer of networks. However, the responsibility for maintaining the networks and paying for losses remains on the shoulders of SNT.
I think that this is not an advantage, because the question is from a completely different area and does not intersect with the transmission of networks. At the same time, I would like to add that only those who have a properly registered ownership certificate for 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 sheet of MOESK refers to documents for the land on which the network is located.Under our internal network 100% public land. But what about the lands along which the power cable is laid from the border of the balance sheet? This is not an air, it is buried in the ground under the sections of the Gavrikovo SNT.How to transfer this land? How should we formalize our PDOs when transferring networks? Are we renting out this land? Or should we give it away?Will they pay for it?, because the tax office will not remove the land tax from us. And the process of land transfer itself is not simple - sit is necessary that every the owner of the PDO wrote a waiver in favor of MOESK, because the PDO is jointly owned by the gardeners.
What about the area around the lighting poles? Is there any regulation at what distance the fence should be installed? Otherwise, maybe later I will receive a letter from MOESK demanding that I move my fence in accordance with the standards.
What about the supports themselves? After all, inIn the event of transfer of the energy sector to a third-party network organization, we will no longer be able to use the poles for our own purposes - for example, for telephone cable, or we will have to pay for their rental to their owner at their tariffs. What about the interior lighting line, who will take it into account? Who will maintain, change light bulbs and lanterns? MOESK, MES, Prefecture? We won’t be able to get close to the supports anymore.
And if we nevertheless decide to install gas, water supply and sewerage, then how in this case will we have to coordinate their implementation according to the PDO? Indeed, in this case, in some part they will no longer be ours, there will be some kind of security zone around the supports and transformer substations, where you “don’t dig”, and given that our roads, including roadsides, are already 6-8 m ( and at the present time there is not much to clear up), then this moment can generally put an end to other communications.
In addition to this, we also have common property of SNT, which is connected to the networks - a guardhouse, a well, automatic gates, and the same general lighting. If we transfer the networks to the balance, and then, as members of SNT, we want to install something else (for example, a barrier, a powerful fire pump, etc.), or we need to connect additional consumers from among SNT (the plot is divided between 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 specifications or what? If this turns out to be the case, then this is not an option at all. Currently, things are simpler with this.
You also need to understand that when transferring networks, the new owner is free to dispose of them as he pleases, including re-equipment. 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 what I mean is that the owner can do absurd things, and then all we can do is throw up our hands and say that we “wanted what was best.”
There is also a doubt that the new owner will not invest; he is interested in squeezing out profits from the free equipment he received. He will hang a maximum of consumers on the network, and when the networks become worn out and problems begin, we will be asked to solve them in court. Villages have been waiting for repairs and modernization of networks for years. And I think they won’t stand on ceremony with SNT at all.
And also, one should not discount the fact that when transferring it to the balance sheet of MOESK, you will also have to pay a lawyer and, possibly, a person who will draw up the necessary documents.
There is no point in rushing to make a decision here; we need to weigh everything and understand where we will fundamentally benefit. You need to talk to the chairmen of SNT, who have already transferred their networks to a network organization, to find out whether everything is as smooth as MOESK lays down? What documents are really sufficient for transfer and what steps need to be taken?
Information from the forum:
Danger when transferring the SNT network and package transformer substations to other hands
Niko: One of the SNT board members warns chairmen to be vigilant. Transferring the high side (10 kW) and the transformer to the balance of the energy company is pure MMM. Let me explain with an example. A certain OJSC (LLC) created by a group of individuals and legal entities becomes an intermediary between the sales company and SNT. The company receives income as a percentage of the electricity tariff for losses high side consumer (SNT). The more the consumer consumes, the greater the income of the OJSC (LLC). By transferring your property to the balance sheet of a 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 collapses and creditors (new share owners) sell the property of the company through the courts. And SNT is left without electricity or buys back its own property for unrealistic money. I believe that you should only lease your networks (KTP) for 11 months with a one-year extension. Thus, the property remains in SNT and the networks are maintained by the energy company. Even when renting your networks on the high side, the company will receive its % on losses.