Правоприменительная практика по договору технологического присоединения к электрическим сетям

Abstract

The article analyzes materials of the judicial practice on issues of technological connection to electrical grids. The reviewed examples show that: a) the judicial practice is contradictory, and judgments in certain cases are issued at violation of the principle of technological connection on a once-only basis; b) the laws on technological connection need to be updated in terms of determination of the party responsible for payment for grid operator services if the technological connection procedure started by the initial owner of a connected real estate unit is completed by a new owner. Law improvement proposals are brought forward as a result of the performed study, in particular, it is suggested to include in the Technological Connection Rules a provision to place title holders of real estate units, on the territory of which the applicant’s energy receiver is located, under an obligation to throw no obstacles in the way of a grid operator performing technological connection. It is also suggested to supplement the standard technological connection agreement with a clause imposing the obligation to pay for grid operator services on the real estate owner.