SOE (Guaranteed Electricity Supplier) is a power supply company regulated by the state. It is obliged to conclude an agreement for the supply of energy with any contacting consumer located in the service area. Let us further consider the features of the activities of guaranteeing electricity suppliers.
General information
The areas of activity of guaranteeing electricity suppliers do not overlap. This means that companies cannot compete. All companies included in the list of guaranteeing electricity suppliers are participants in the wholesale market for electricity and power (wholesale market for electric energy and capacity). Most of the electricity purchased in this market. However, the supplier can buy part of the volume at retail. Presence of guaranteeing suppliers of electricity in the retail market is a necessary condition for providing consumers with electric energy. It is also worth saying that without SOEs it would be difficult to maintain a balance of production and consumption.
Activity control
The service area of a particular sales company is determined according to the register of guaranteeing electricity suppliers. This information base includes organizations in the constituent entities of the Russian Federation. The register of guaranteeing suppliers of electricity shall indicate the order number and the date the sales company was included in the list. The activities of organizations are controlled by the authorized regional power structure and the Federal Antimonopoly Service of the Russian Federation. The powers of regulators include:
- Monitoring the implementation of the GP business conditions and established ratios.
- Approval of sales allowance and tariff menu.
Activities
Companies included in the list of guaranteeing electricity suppliers purchase power and electric energy on the market, enter into agreements with network enterprises in their service area, and agreements on payment of losses of these network companies. SOEs are engaged in the sale of energy and power to end consumers under supply contracts, make settlements, issue bills, collect debts, and accept payment for delivery. Guaranteed electricity suppliers are companies that actually carry out a single window function for consumers. Many SOEs are conducting additional activities.
In particular, suppliers carry out:
- Sale, installation and maintenance of accounting devices.
- The implementation of electrical products.
- Acceptance of payments of other enterprises (for cellular communications, the Internet, utilities).
- Energy audit.
- Issue of technical conditions.
- Maintenance of home electrical networks MKD.
Features of work
The legislation establishes certain obligations of a guaranteeing electricity supplier. As mentioned above, the sales company must conclude an agreement with any contacting consumer if the power receiving devices of the latter are in the service area of the GP. The establishment of this obligation is aimed at eliminating the refusal of all suppliers to conclude an agreement with the consumer. In addition, in the event of the bankruptcy of an independent sales company, its customers automatically switch to a guaranteeing supplier. Failure to comply with the requirements provided by law and industry regulations entails depriving the company of the status of a guaranteeing electricity supplier.
Energy price
The authorized bodies that control the activities of the sales companies establish a sales allowance to the guaranteeing electricity supplier. This is a kind of guarantee that the cost of customer service will be covered. SOEs provide fundraising for the financing of generating enterprises and infrastructure companies of the wholesale electricity market, so they must be sure that the costs will be paid. The sales allowance, in fact, allows you to offset the costs of servicing end consumers. The price of electricity is limited by the marginal level of unregulated cost. It involves the translation of the purchase price and transfer cost with a fixed premium. Here it is worth mentioning another requirement for a guaranteeing electricity supplier, which is informing consumers about the levels of unregulated cost by price categories. There are only six of them.
Guaranteed electricity providers: list
The largest and most efficient SOEs in Russia are considered to be OJSC:
- "Oboronenergosbyt".
- Petersburg Sales Company.
- Irkutskenergo.
- Tatenergosbyt.
- Novosibirskenergosbyt.
The list of large SOEs also includes PJSC Mosenergosbyt, LLC Rusenergosbyt.
Features of status acquisition
For the first time, guaranteeing suppliers are appointed:
- Inseparable regional energy and electrification AOs (AO-energo) or energy sales organizations formed as a result of the reorganization of AO-energo.
- OPP (wholesale consumers-resellers) and sales organizations formed on their basis, if they supply electricity to budget-dependent consumers and the population in the amount of not less than 50 million kWh / year.
- Energy retail companies serving customers connected to the electric networks of Russian Railways.
- Business entities generating or operating facilities that are not related to the Unified Energy System of the Russian Federation and isolated energy systems.
Previously, enterprises that were appointed SOEs, but were not participants in the wholesale market of electricity, should have acquired the status of a market entity until 2008. After 2008, SOEs will be appointed on a competitive basis. This procedure is designed to ensure competition, improving the quality of supply and reducing costs. The frequency of the contest is 3 years. The main criterion for determining the winner is gross revenue. It is she, taking into account indexation, that is taken into account when establishing the sales allowance. If the winner is not identified in the next competition, the current SOE continues its work.
Transfer of functions to a network company
It is allowed for a period of up to six months. Temporary transfer of the functions of a GP to a network company may be due to:
- Deprivation of the license of the current supplier for the right to sell electricity to the population.
- By taking measures with respect to the SOE to deprive him of the right to participate in trading on the wholesale market.
- Liquidation of the enterprise.
- The beginning of bankruptcy proceedings.
- Violation of obligations to pay for services and electricity in the retail market.
Change of a guaranteeing electricity supplier
This procedure is carried out publicly. Information about the change of supplier is published in local print media, posted at payment acceptance points, on the Internet (including on portals of industry departments, as well as their regional offices). When changing the guaranteeing supplier, legal entities must enter into agreements with a new SOE. As for citizens, only payment details are changed for them. Information about them is posted at all receiving points, including post offices and Sberbank branches.
Consequences for the consumer when moving to another supply company
In the event of a change of SOE, the consumer-legal entity must conclude a new contract within two months. It is enough for citizens to pay for the delivery of new details. It should be noted that payment starts from the moment when the consumer becomes aware of the change in the GP. Even if an agreement with a new supplier is drawn up later, it will contain a condition on payments for consumption from the date of transition to a new GP. The transition from a guaranteeing supplier to a sales company is at the request of the consumer. In this case, one nuance should be taken into account. If the distribution company does not purchase electricity in the retail or wholesale market, then it can only buy it from the GP.
Relations of the guaranteeing supplier with the HOA and management companies
SOE, acting as a subject of the retail market, sells electric power and housing cooperatives under the supply, purchase and sale agreement, in accordance with the Market Rules. At the same time, the purchase is measured by an accounting device located on the border of the networks of the house and the service company. Separately takes into account energy consumption for general household needs and supplies to owners of non-residential premises. Payment by citizens is made at the rates established for the population. Payments for other volumes are calculated at the rates provided for the respective legal entities.
Features of the contract
An agreement on the supply (purchase and sale) of capacity / electricity is concluded in writing (simple) form, unless otherwise provided by the Rules approved by Government Decision No. 442. The guaranteeing supplier must develop contract forms in accordance with the categories of prices or consumers, according to which tariffs are differentiated . If necessary, amend the Rules approved by Decree No. 442, entailing adjustments to the forms of contracts, the SOE is obliged to make adjustments to the forms of agreements within a month (from the date the relevant changes come into force). The supplier must post the developed / modified forms of documents in the service centers and on the official website, and also send them to the territorial division of the FAS.
Responsibility of a guaranteeing electricity supplier
It is provided for in the Civil Code and the Rules (OPFRR), approved by government Decree No. 442. The liability of the supplier is civil in nature. However, given the specifics of the status of SOEs, a company may be held administratively liable. Regulatory acts provide for 2 grounds on which sanctions can be applied to the supplier. Responsibility may come for:
- Insecurity of supply of electricity and its inadequate quality.
- Unreasonable introduction of restrictions on consumption.
Under the terms of the contract, the guaranteeing supplier is liable to the buyer (consumer) for improper performance or failure to fulfill obligations under the agreement. He is responsible not only for the quality of his work, but also for the actions of the network company and other persons involved in the provision of electricity transmission services, which are an integral part of the supply process.
Additionally
The guaranteeing supplier may refuse to conclude an energy supply agreement with the consumer if he does not have the opportunity to supply due to the lack of technological connection of power receiving devices to electric grid facilities. In this case, there should be no agreement on the connection of these devices to the power grid in accordance with the OPFRR. The supplier is obliged to notify the consumer who has contacted him about the refusal. The notice must indicate the reasons for the decision. The notification is sent within 5 days from the date of the client’s request. If the application was sent through a network organization, then the notification is sent to her. The notice period is the same - 5 days. The calculation of the period is carried out from the date of receipt of the application for the conclusion of the contract to the GP.
Participation in the competition
The application must indicate:
- Name of applicant.
- Address.
- INN
- State Registration Number.
Attached to the application:
- An extract from the register of participants in the wholesale market of electricity and energy with an indication of the direction of activity for which the entity trades power and electricity in the market. The document is issued by the market council.
- Papers confirming the amount of equity, or an agreement on the provision of a bank guarantee with the amount of coverage equal to the amount of capital required to accept the application for the tender.
- Analysis of financial condition (calculation of indicators) for the reporting period preceding the filing date of the application.
- Extract from the registry of bankruptcy data. By this document, the applicant confirms that during the year prior to the filing of the application, no procedures related to the recognition of his insolvency were carried out against him.
- Tax, statistical, accounting statements for the last year and the period preceding the date of application for participation.
- A complete list of affiliates and related parties.
In addition, the applicant must provide information on persons who are in the same group with the applicant. The form in which this information is provided is approved by the FAS. The document also indicates the signs by which persons are included in the corresponding group. Additionally, information is provided on beneficiaries in whose interests nominee holders own more than 5% of the applicant’s shares. The application shall indicate the amount of funds that the entity, in case of declaring him the winner, undertakes to offer in an offer to be sent to the creditors of the replaced SO. This amount is set off against the assignment of claims for repayment (partial or full) of the debt provided for in para. 12 p. 207 OPFRR, in accordance with the requirements defined in para. 1 and 14 p. 207 of the Rules.