Non-contractual and unmetered electricity consumption

Issues of non-contractual and unaccounted consumption of electrical energy are regulated by the “Basic Provisions for the Functioning of Retail Electricity Markets”, approved by Decree of the Government of the Russian Federation of May 4, 2012 N 442 (Section I, X) (hereinafter referred to as the Basic Provisions).

Cases of non-contractual consumption of electrical energy include:

— unauthorized connection of power receiving devices to power grid facilities;

— consumption of electrical energy in the absence of a duly concluded agreement ensuring the sale of electrical energy (power) in retail markets.

Cases of non-contractual consumption of electricity do not apply to cases of consumption of electricity in the absence of an agreement ensuring the sale of electricity (power) in retail markets within 2 months from the date established for acceptance by the supplier of last resort for servicing consumers.

Upon detection of non-contractual consumption of electrical energy, the network organization draws up a report on unaccounted consumption of electrical energy and, no later than 3 working days from the date of its preparation, sends it to the person who carried out the non-contractual consumption. Later, a calculation of the volume of non-contractual consumption of electrical energy (power) and an invoice for payment of electrical energy in the volume of non-contractual consumption are sent.

The volume of non-contractual consumption of electrical energy is determined based on the value of the permissible long-term current load of each input wire (cable) by calculation, in accordance with paragraph 2 of Appendix No. 3 to the Basic Provisions, for the period of time during which the non-contractual consumption of electrical energy was carried out, but no more than in 3 years.

In this case, the period of time during which non-contractual consumption of electrical energy was carried out in the form of unauthorized connection of power receiving devices to electrical grid facilities is determined from the date of the previous control check of the technical condition of electrical grid facilities in the place where the fact of non-contractual consumption of electrical energy was later revealed, until the date identifying the fact of non-contractual consumption and drawing up a report on unaccounted consumption of electrical energy.

The cost of electrical energy in the volume of non-contractual consumption determined in accordance with this paragraph is determined based on the prices (tariffs) specified in Section IV of the Basic Provisions.

A person who has carried out non-contractual consumption is obliged to pay an invoice to pay the cost of electrical energy in the amount of non-contractual consumption within 10 days from the date of receipt of the invoice (clause 196 of the Basic Provisions).

Cases of unaccounted consumption of electrical energy include:

facts of consumption of electrical energy in violation of the terms of the energy supply contract (purchase and sale (supply) of electrical energy (power), contract for the provision of services for the transmission of electrical energy) and the Basic provisions of the procedure for accounting for electrical energy on the part of the consumer (buyer), expressed in the following:

- interference with the operation of a metering device (metering system), the responsibility for ensuring the integrity and safety of which is assigned to the consumer (buyer), including violation (damage) of seals and (or) visual control signs applied to the metering device ( accounting system);

— failure to comply with the deadlines established by the contract for notification of the loss (malfunction) of a metering device (metering system);

— commission by the consumer (buyer) of other actions (inactions) that led to distortion of data on the volume of electrical energy (power) consumption.

The fact of unmetered consumption of electrical energy can be detected, including during an inspection of the condition of metering devices, as well as during an inspection of the metering device before its dismantling.

Upon detection of unaccounted consumption of electrical energy, the network organization draws up a report on unaccounted consumption of electrical energy and, no later than 3 working days from the date of its preparation, sends it to the person who carried out the unaccounted consumption.

The volume of unmetered consumption of electrical energy is determined using the calculation method provided for in subparagraph “a” of paragraph 1 of Appendix No. 3 to the Main Annexes. The volume of unaccounted consumption of electrical energy (power) is determined from the date of the previous control check of the metering device until the date of detection of the fact of unaccounted consumption of electrical energy (power) and drawing up a report on unaccounted consumption of electrical energy. If such an inspection was not carried out within the planned time frame, it is determined from the date no later than which it should have been carried out in accordance with the Basic Provisions.

The cost of electrical energy in the volume of unaccounted consumption is included by the guaranteeing supplier (energy sales, energy supply organization) in the invoice issued to the consumer (buyer) for payment of the cost of electrical energy (power) purchased under an agreement ensuring the sale of electrical energy (power) for that billing period, in in which the fact of unaccounted consumption was identified and a report on unaccounted consumption of electrical energy was drawn up and sent to the consumer.

The consumer (buyer) is obliged to pay the specified invoice within the period specified in the agreement ensuring the sale of electrical energy (power).

From the date of drawing up the act on unaccounted consumption of electrical energy, the volume of consumption of electrical energy (power) and the volume of services provided for the transmission of electrical energy are determined in the manner prescribed by the requirements of paragraph 166 of the Basic Provisions for calculating the volume of consumption of electrical energy (power) and services provided for the transmission of electrical energy for the case of failure to provide meter readings within the established time frame starting from the 3rd billing period.

The document recording the unaccounted, non-contractual consumption of electrical energy (power) is the act of unaccounted for electricity consumption. The requirements for this act are established by paragraph 193 of the Basic Provisions.

The act on unaccounted consumption of electrical energy must contain the following data:

— about a person carrying out unmetered or non-contractual consumption of electrical energy;

— on the method and place of unaccounted or non-contractual consumption of electrical energy;

— about metering devices at the time of drawing up the report;

- on the date of the previous inspection of metering devices - in case of detection of unmetered consumption, the date of the previous inspection of the technical condition of electric grid facilities in the place where non-contractual consumption of electrical energy was detected - in case of detection of non-contractual consumption;

— explanations of the person carrying out unmetered or non-contractual consumption of electrical energy regarding the identified fact;

— comments on the drawn up act (if any).

When drawing up an act on unaccounted consumption of electrical energy, the consumer who carries out the unaccounted consumption (the guaranteeing supplier serving him (energy sales, energy supply organization)) or the person who carries out the non-contractual consumption of electrical energy must be present.

The refusal of a person carrying out unaccounted or non-contractual consumption of electrical energy to sign the drawn up act on unaccounted for unaccounted consumption of electrical energy, as well as his refusal to be present when drawing up the act must be recorded, indicating the reasons for such refusal, in the act of unaccounted for consumption of electrical energy, drawn up in the presence of 2 disinterested persons

Judicial practice 2021: what management organizations and homeowners associations should take note of

In his speech, Sergei Sergeev analyzed 17 decisions of the Supreme Court of the Russian Federation and regional practice over the past year on issues related to the management of houses:

challenging decisions of the Civil Housing Inspectorate,
management of the house after making changes to the register of licenses,
assessing the validity of OSS decisions,
use of common property,
developer vote,
transfer of technical documentation and others.

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You will find a detailed analysis of all the cases considered and the presentation in the documents attached to this article. And we will focus on one of the issues - the review of the RF Armed Forces on how to pay for unaccounted consumption of a utility resource.

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Responsibility and Obligations

Before complying with the requirement of the management company or any other electricity supplier (it may be different in each specific case), you must know how to pay and within what time frame you must be notified of the amount of the debt.

After determining the amount, the consumer must receive an invoice no later than three working days from the date of execution of the Act, or up to two working days after assessing the cost of non-contractual consumption of electrical power.

The invoice is delivered to the addressee in a manner that requires confirmation of receipt. After which you need to pay this invoice within no more than 10 working days. What fine will have to be paid depends on the number of phases and the period during which the non-contractual consumption occurred.

If payment has not been made within the specified time frame, then judicial practice shows that the invoice amount can be received by the supplier in order to recover unjust enrichment.

At the same time, you can appeal the service provider's decision on the amount of the fine if the requirements to provide an invoice within the established deadlines were not met or if the calculations used incoming cable cross-sections and deadlines that did not correspond to reality.

The legislation does not provide for other administrative or criminal liability or penalties.

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Calculation of cost and volume

Before determining the amount of the bill for non-contractual electricity consumption (the so-called fine), you need to know the volume of consumption. How is it calculated correctly? A calculation is carried out based on the cross-section of the cable and its permissible long-term current load, but for a period of no more than 3 years.

More precisely, the period is determined depending on the specific situation:

If you connected to the network without permission, then the period lasts from the date of the last control check of the technical condition of objects in the territory where the connection was made.
If you continued to consume during the restriction period, then from the date of introduction of the restriction regime or full restriction (if compliance verification was not carried out). If an Unaccounted Consumption Act has already been drawn up, then from the date of its registration, depending on what comes later.

The cost for individuals is equal to the cost of a regular kWh, according to the tariffs of their region. And for legal entities, for example, enterprises, it is calculated from several factors, such as:

the average cost of electricity during the period of non-contractual electricity consumption in this region;
premiums assigned by suppliers for sales and the cost of additional services;

The calculations also apply a payment coefficient for consumed power equal to 0.002824, its market value is multiplied by it.

Note: the services of various organizations controlling the infrastructure, as well as the supplier’s sales allowance, are not paid.

W (kWh) – total estimated power used during the period of using electricity without a contract. If there is a meter, then since the last control check of its readings.

Iadd dl (A) – permissible long-term current load of the conductors of the input cable. At the same time, the Act indicates the cross-section and brand of your wire or cable.

Cosφ is the power factor of your electrical installation at full load. Typically equal to approximately 0.9.

Tbd – the period during which non-contractual electricity consumption occurred. But no more than 26280 hours.

The network company must confirm that it installed a seal on the meter in a timely manner

Point 4 of the review is devoted to the issue of installing seals on meters. The RF Supreme Court indicated that a guaranteeing supplier or network organization in a claim against a subscriber can refer to the absence of a seal on the control panel. But in this case, it is they who are required to prove that they installed the seal in a timely manner.

The evidence includes documents on the commissioning of the metering device and acts of verification of settlement meters, which are drawn up in accordance with paragraphs 153 and 176 of Rules No. 442.

In the act of unaccounted consumption, the subscriber can raise an objection that when the meter was put into operation, the company did not install a seal. In this case, the guaranteeing supplier or network organization must provide the court with confirmation that they performed their work efficiently.

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Actions and sanctions

When identifying the fact of non-contractual electricity consumption, a number of actions are taken:

A regime of complete consumption restriction is introduced against the violator until the bill is paid.
An Unaccounted Consumption Report is drawn up, which indicates the date and time when the restriction mode was introduced and the characteristics of the consumer's electrical installations (power receivers) for which it is introduced.
Bills for consumed electricity are prepared. This document must also indicate the calculation of this amount.

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