Calculation of unmetered (unaccounted) electricity consumption for organizations
Recently, the number of legal disputes between consumers and network or energy sales companies over acts of unmetered electricity consumption has increased.
In this case, the consumer faces a very large financial responsibility in the form of a “fine” for unaccounted consumption of electrical energy. Therefore, consumers must clearly understand the legislative features of calculating and determining the extent of their responsibility when identifying non-accounting.
According to Government Decree No. 442 of 04.05.2012 (hereinafter referred to as the Resolution), unmetered consumption is defined as “consumption of electrical energy in violation of the energy supply agreement established (purchase and sale (supply) of electrical energy (power), contract for the provision of services for the transmission of electrical energy) and this a document on the procedure for metering electrical energy on the part of the consumer (buyer), expressed in interference with the operation of the 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 (metering system), in failure to comply with the deadlines established by the contract for notification of the loss (malfunction) of the metering device (metering system), as well as in the commission by the consumer (buyer) of other actions (inactions) that led to distortion of data on the volume of electrical energy (power) consumption.”
Important! For categories of consumers equal to the population, from July 1, 2021, a different payment procedure will apply.
How to calculate unmetered electricity consumption for SNT, see here
In case of detection of unaccounted consumption from a consumer who does not belong to the category “equal to the population”, the following provisions of the Government of the Russian Federation No. 442 apply for calculating the volume:
- Clause 195 of Resolution 442. 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 Resolution.
At the same time, in relation to the consumer, when making payments for electrical energy with whom the power rate is used, in addition to the volume of unaccounted consumption of electrical energy, the amount of power purchased under an agreement ensuring the sale of electrical energy (power) and the amount of power paid in terms of services are also determined for the transmission of electrical energy, based on the hourly volumes of electrical energy consumption, determined in accordance with subparagraph “b” of paragraph 1 of Appendix No. 3 to the Resolution.
The volume of unaccounted consumption of electrical energy (power) is determined from the date of the previous control check of the metering device (if such a check was not carried out within the planned time frame, then it is determined from the date no later than which it should have been carried out in accordance with this document) to the date identifying the fact of unaccounted consumption of electrical energy (power) and drawing up a report on unaccounted consumption of electrical energy...
2. Subparagraph “a” of paragraph 1 of the appendix to Resolution 442. The volume of electrical energy (power) consumption at the corresponding delivery point, MWh, is determined:
2.1. If the contract providing for the sale of electrical energy (power) on the retail market contains data on the maximum power of energy receiving devices at the corresponding point of delivery according to the formula:
The procedure for drawing up an act on unmetered electricity consumption
The document recording unaccounted energy consumption is the act on unaccounted electricity consumption (NPE), the rules for drawing up which are regulated by Resolution No. 442 (clauses 177 and 178).
It should be noted that the form of the act of unmetered electricity consumption is not established by Resolution No. 442. However, it specifies mandatory requirements for the content of this document. The act on NPE must reflect (clause 178):
It is also noted there what points should be contained in the NPE act if the inspection has detected an excess of the maximum power of the consumer's receiving devices.
The NPE act is drawn up by a representative of the organization conducting the inspection and sent to interested parties within 3 working days from the date of its preparation (clause 177).
According to paragraph 178 of Resolution No. 442, the NPE act must be drawn up in the presence of the consumer. However, the absence of such a person at the time of the inspection does not prevent the identification of the fact of unaccounted consumption and the drawing up of an NPE act, provided that the consumer is properly notified of the date and time of its drawing up.
The method of notification must be provided for in the electricity supply contract. But you can also use the options listed in clause 8(1) of Resolution No. 442 (for example, including the text of the message in the electricity bill, etc.).
The consumer’s refusal to be present when drawing up the NPE act and (or) evasion from signing the drawn up act must be recorded in a document indicating the reasons for the refusal.
Note! In the absence of the person who committed the unlawful consumption of electricity, an NPE act is drawn up using photo and (or) video recording equipment. Materials are subject to storage and transfer together with the act (clause 178).
Important! If illegal energy consumption is established, the electricity metering device is recognized as out of order.
W = P max x T
Where:
Pmax is the maximum power of energy receiving devices related to the corresponding point of delivery, and if the agreement ensuring the sale of electrical energy (power) on the retail market does not provide for the distribution of maximum power among delivery points, then for the purpose of applying this formula the maximum power of energy receiving devices devices within the balance sheet are distributed among delivery points in proportion to the permissible long-term current load of the corresponding input wire (cable), MW;
T - the number of hours in the billing period, when determining the volume of electrical energy (power) consumption for which, in accordance with paragraphs 166, 178, 179 and 181 of the Decree, calculation methods are subject to application, or the number of hours in the time period determined in accordance with paragraph 195 of the Decree , during which there was unaccounted consumption of electrical energy, but not more than 4,380 hours, h ;
Important: as of July 1, 2021, changes have been made to the procedure for calculating the volume of unmetered electricity consumption.
Until July 1, 2021, the maximum period for which unmetered electricity consumption could be calculated is no more than 12 months (equivalent to 8760 hours)
Now the maximum period for which unmetered electricity consumption can be calculated is no more than 6 months (equivalent to 4380 hours).
At the same time, the number of hours in a day for calculating unmetered energy consumption is assumed to be 24 hours a day, regardless of the presence or absence of the number of hours agreed in the contract or the subscriber’s operating mode.
Read about other changes in unmetered electricity consumption in 2021 here.
2.2. If the agreement providing for the sale of electrical energy (power) on the retail market does not contain data on the maximum power of energy receiving devices, or if, when identifying unmetered consumption, it was revealed that the consumer is using power the value of which exceeds the maximum power of the consumer’s energy receiving devices specified in the agreement providing sale of electrical energy (power) on the retail market, according to the formulas:
for single-phase input:
,
,
Where:
Iadd.dl. — permissible long-term current load of the input wire (cable), A;
Uf.nom. — rated phase voltage, kV;
cos is the power factor at maximum load. If there is no data in the contract, the coefficient is assumed to be 0.9.
In the vast majority of identified cases of unmetered consumption, the power of energy receiving devices is assumed to be equal to the maximum power specified in the power supply contract.
Thus, when unmetered consumption of electrical energy is detected by the consumer, the above calculation method begins to be applied.
For consumers, unmetered electricity consumption carries serious financial liability.
Using this method is a severe penalty for the consumer.
In some cases, this is indicated in court decisions: “The calculation of the volume of electricity under the act of unaccounted for consumption was adopted in pursuance of Law No. 261-FZ and is in the nature of a sanction for failure to comply with the obligation to ensure proper metering of electricity” (No. A40-3007/18-72-23 , considered on April 19, 2018 in the Moscow Arbitration Court).
Here is an excerpt from the ruling of the arbitration court in case No. A10-4223/2013: “In accordance with clause 9.6 of the contract, the volume of unmetered consumption of electrical energy (power) is determined by calculation method in accordance with current legislation from the date of the previous control check of metering devices until the date of detection of the fact of unmetered consumption of electrical energy (power) and drawing up a report on unaccounted consumption of electrical energy.”
An example of calculating unaccounted for (unaccounted for) electricity consumption for a legal entity
In order to clearly demonstrate the procedure for calculating the volume of electrical energy, when identifying unmetered consumption, we will take specific data.
The consumer was inspected on May 30, 2021. According to the results, “connection of the wire and load to the metering device” was revealed.
The Act on the instrumental verification of metering devices, on the basis of which the act on unmetered consumption was drawn up, states that the energy receiving device, in respect of which the act on unmetered consumption was drawn up, is connected to the current-carrying busbars with a PV-3 wire with a cross-section of 10 mm2. to the meter.
In this case, the calculation of unmetered electricity consumption is made based on the cross-section of the wire connected to the meter, or more precisely, based on its maximum throughput.
The maximum permissible continuous current of the specified wire is 80A. The phase voltage is 220V, the number of days of unmetered consumption is 8040 (i.e. the previous instrumental check, or the installation of a meter was completed 335 days ago).
It should be noted here that, according to paragraph 172 of the Resolution, instrumental testing of metering devices must be carried out at least once a year. Typically, network organizations are limited to this frequency of checks.
Applying the formulas indicated above, we find that the volume of unaccounted consumption is 254,707.2 kWh . Accordingly, the energy sales company will issue an invoice for payment for such consumption of electrical energy. For the Moscow region, a volume of electricity of 254,707.2 kWh will cost 1,280,706.78 rubles .
Identification of the fact of unmetered electricity consumption
The fact of off-metering energy consumption can be detected by a network organization or a guaranteed supplier during verification activities: checking the procedure for metering electricity, the condition of metering devices, inspecting devices before their dismantling (clauses 169, 170, paragraph 4, clause 177 of Resolution No. 442).
As a general rule, inspections can be both scheduled and unscheduled. Scheduled inspections (for metering devices not included in the MIS) are carried out, as a rule, once a year (paragraph 3, paragraph 170).
Unscheduled inspections can be carried out at any time, an unlimited number of times. The grounds for such a check are listed in paragraph 170 of Resolution No. 442:
Note! Unaccounted consumption can also be detected in case of non-contractual consumption in cases of suspension of supply due to the introduction of a complete restriction on the regime of electricity consumption (clause 178 of Resolution No. 442).
Any inspection of metering devices must be accompanied by the preparation of a corresponding report, as well as photo and (or) video filming, the materials of which are attached to the inspection report.
