Rights and obligations of the consumer according to Art. 58 of the Law of Ukraine "On the Electricity Market"

1. The consumer has the right to:

1. Purchase electric energy for own consumption under bilateral contracts and on organized market segments, provided that he concludes an agreement on the settlement of imbalances and an agreement on the provision of services for the transmission of electric energy with the operator of the transmission system, and in the case of joining the distribution system - an agreement on the provision of services with distribution of electrical energy with the operator of the distribution system; or buy electricity on the retail market from electricity suppliers or from producers producing electricity at distributed generation facilities, according to the rules of the retail market;

2. To change the electricity supplier under the conditions defined by this Law and the rules of the retail market

3. Receive electrical energy of appropriate quality in accordance with the terms of the contract and electrical energy quality standards; 

4.  For compensation, which is applied in case of non-compliance with the quality indicators of electricity supply services;

5. For the compensation of damages caused as a result of non-fulfillment by its counterparties of the terms of contracts concluded on the electricity market;

6.  For non-discriminatory access to the transmission system, distribution systems on the basis of contracts with the transmission system operator, the distribution system operator in accordance with the requirements of the transmission system code, the distribution system code;

7.   For access to information regarding activities on the electric energy market in the manner and scope determined by the market rules and other legal acts regulating the operation of the electric energy market;

8. Submit appeals, complaints and claims to the relevant electricity supplier, operator of the distribution system, in particular regarding the quality of electricity supply, regarding the provision of electricity supply services, and receive, in accordance with the procedure established by law, reasoned answers or notifications about measures to eliminate the causes of the complaint by the electricity supplier;

9.  Submit complaints to the Regulator in accordance with the procedure for considering complaints and resolving disputes;

10.  To receive from the relevant electricity supplier the information stipulated by the law and the terms of the contract for the supply of electricity to the consumer;

11. To receive from the relevant electricity supplier a notification of his intention to make changes to any terms of the contract for the supply of electricity to the consumer no later than 20 days before the introduction, and in case of disagreement with the proposed changes, to terminate the contract with the electricity supplier in accordance with the procedure specified in the contract;
     

12. Other rights in accordance with legislation and concluded contracts. 

13. 2. The consumer is obliged to:

14. To pay for electric energy and services provided to him in accordance with concluded contracts;

15. Provide commercial accounting service providers, with whom he has entered into an agreement, access to his electrical installations for installation, maintenance and reading of indicators from electricity consumption accounting devices;

16. To comply with the rules of technical operation, safety rules during the operation of own electrical installations, legal acts regulating the functioning of the electric energy market, and the terms of concluded contracts

17.  Regulate the relationship with the operator of the distribution system regarding the technical support of the distribution of electric energy in the manner determined by the code of distribution systems.

Rights and obligations of the consumer according to clause 5.5. Rules of the retail electricity market

5.5.1. The consumer of electric energy has the right:
1) to connect own electrical installations to the networks of the system operator or other owner of power networks in accordance with the procedure provided for by the Distribution Systems Code or the Transmission System Code;

2) at the choice of the electricity supplier;
3) to choose commercial offers with different tariff plans;
4) simultaneously have more than one concluded contract for the supply of electric energy to the consumer, subject to compliance with these Rules and the Code of Commercial Accounting. At the same time, the contract on the supply of electricity to the consumer is concluded between the electricity supplier and the consumer and provides for the supply of the entire amount of actual consumption of electricity by the consumer in a certain period of time by one electricity supplier;

5) buy electric energy for own consumption under bilateral contracts according to the Market Rules and on organized market segments, provided that he concludes an agreement on the settlement of imbalances and an agreement on the provision of electric energy transmission services with the operator of the transmission system, and in the case of joining the distribution system - additionally agreement on the provision of services for the distribution of electric energy with the operator of the distribution system; or buy electric energy on the retail market from electricity suppliers or from producers producing electric energy at distributed generation facilities, according to these Rules;

6) to receive high-quality services for the distribution (transmission), supply and commercial accounting of electric energy;
7) change the electricity supplier under the conditions specified by the Law of Ukraine "On the Electricity Market" and these Rules;
8) receive electrical energy of appropriate quality in accordance with the terms of the contract and electrical energy quality standards;
9) receive information on the quality of electric energy, tariffs (prices), payment procedure, terms and conditions of its distribution and consumption;

10) for compensation applied in case of non-compliance with quality indicators of electricity supply services;
11) for damages in accordance with the terms of the contract and the legislation of Ukraine, which is applicable in case of non-compliance with the indicators of the quality of electricity supply services and the quality of electric energy;
12) to appeal to the electricity supplier on the issue of changes to the contractual terms in the manner prescribed by these Rules;
13) access to the calculation means of measurement installed outside the consumer's facility and information stored in the primary database of electronic multifunctional calculation means of measurement;

14) to receive compensation from the system operator within the limits of justified costs for maintenance of technological electrical networks, which are jointly used by the system operator with the consumer;
15) to receive from the relevant electricity supplier the information stipulated by the law and the terms of the contract on the supply of electricity to the consumer;

16) receive from the relevant electricity supplier a notification of his intention to make changes to any terms of the contract for the supply of electricity to the consumer no later than 20 days before making these changes, and in case of disagreement with the proposed changes, terminate the contract with the electricity supplier without paying the fines provided for in the contract for its early termination;

17) to transfer the functions of operation of its electrical installations on the basis of a separate contract to another organization that has the right to carry out such activities;
18) for the return from the operator of the distribution system, which distributes electric energy to the sub-consumer, of funds for the distribution of unaccounted-for measuring equipment of the sub-consumer of electric energy, and from the sub-consumer - the cost of this electric energy;

19) for access to information regarding activities on the electric energy market in the manner and scope determined by the Market Rules and other legal acts regulating the operation of the electric energy market;
20) for compensation for losses that occurred due to the actions or inaction of a sub-consumer, electricity supplier, network owner, operator of a small distribution system, system operator, provider of commercial accounting services.

5.5.2. The household consumer, in addition to the rights specified in clause 5.5.1 of this chapter, has the right to:
1) installation in your private household of a generating unit intended for the production of electrical energy from the energy of solar radiation and/or wind energy, the installed capacity of which does not exceed that established in accordance with the law and permitted for consumption in accordance with the consumer contract for the provision of services with distribution (transmission) of electrical energy (and confirmed by the passport of the point of distribution (transmission) of electrical energy) with the consumer, and for the production of electrical energy from such an installation without a corresponding license;

2) sale to a provider of universal services of electric energy produced by a generating unit of a private household, the installed capacity of which does not exceed the capacity established in accordance with the law and permitted for consumption in accordance with the consumer agreement on the provision of services for the distribution (transmission) of electric energy, at the "green" tariff in the amount exceeding the monthly consumption of electricity by such private households.

5.5.3. A non-domestic consumer, in addition to the rights specified in clause 5.5.1 of this chapter, has the right to organize additional metering sites at one address in accordance with the design decisions agreed with the relevant system operator. At the same time, the project should exclude the possibility of connecting to electrical networks at additional (separate) measurement sites of electrical installations or current receivers not provided for by the project.

5.5.4. Household consumers and small non-household consumers have the right to receive universal services in accordance with the Law of Ukraine "On the Electricity Market".
5.5.5. The consumer of electric energy is obliged to:
1) use electric energy exclusively on the basis of the contract (contracts);

2) to pay for electric energy and services provided to him in accordance with concluded contracts;
3) under the condition of incomplete payment for the consumed electric energy, stop own electricity consumption in accordance with the terms of the contract;
4) pay invoices issued on the basis of acts of violation of these Rules and terms of the contract;

5) comply with the rules of technical operation, safety rules during the operation of own electrical installations, legal acts regulating the operation of the electric energy market, and the terms of concluded contracts;
6) ensure proper technical condition and safe operation of their electrical installations and electrical devices in accordance with the requirements of regulatory and technical documents and regulatory legal acts of Ukraine;

7) regulate, in the manner determined by the Code of Distribution Systems and these Rules, relations regarding the technical support of the distribution of electric energy with the operator of the distribution system by concluding a separate contract for the provision of services for the provision of reactive electrical energy flows (or in the form of an appendix to the consumer contract for the provision of services with distribution of electrical energy);

8) ensure the preservation and integrity of the calculation means of commercial electric energy accounting and seals (imprints of their brands) established on its territory and/or object (in its premises) in accordance with the sealing act;
9) immediately notify the system operator and the provider of commercial accounting services about deficiencies in the operation of the measuring device;

10) agree with the system operator on new connections and conversions of internal electrical wiring, carried out in order to increase the consumption of electric power;
11) provide settlement documents at the request of the representatives of the electricity supplier and/or the system operator (after they present their official certificates or after the consumer receives an official request from the relevant retail market participant) to check the correctness of the payment and the compliance of their records with the readings of the commercial accounting tool;

12) provide access to the representatives of the system operator (after they present their official credentials) to the consumer's facility for technical inspection of commercial accounting (measuring equipment), electrical installations and wiring, measurement of electrical energy quality indicators, control of the level of electrical energy consumption , as well as to perform disconnection and limit the consumption of electric energy by the consumer (sub-consumer) in accordance with the procedure established by these Rules and to fulfill their justified written requirements for the elimination of detected violations, if this is stipulated by the terms of the contract;

13) ensure unhindered access to representatives of the commercial accounting service provider, electricity supplier and/or system operator (after they present their official certificates) to the calculation means of commercial electricity accounting installed at the consumer's facilities, for visual or automated removal of the calculation means commercial accounting;

114) not to prevent the replacement of commercial accounting tools in case of such replacement at the expense of the commercial accounting service provider or the system operator;
15) not to prevent the cutting of branches of trees growing on the territory belonging to the consumer, to ensure a distance of at least 1 meter from the wires of the overhead line of the electric network with a voltage of 0.4 kV and at a distance of 2 meters for electric lines with a voltage of 10 kV;

16) no later than 20 working days before the termination of the use of electric energy at the consumer's facility, notify the electricity supplier, the system operator and the provider of commercial accounting services in writing about the termination of the contracts and pay for the electric energy, including the day of departure;
17) to ensure unimpeded access to their own electrical installations of the authorized representatives of the relevant executive authorities (after they have presented their official certificates), who have been given the appropriate powers in accordance with the legislation of Ukraine, as well as to carry out their orders;

18) in case the consumer chooses a tariff or a commercial offer that provides for calculations based on tariffs differentiated by time periods (including by hours of the day), ensure the use of appropriate means of differential (hourly) measurement of the amount of electrical energy;
19) timely take appropriate measures to eliminate detected violations;

20) prevent the unaccounted use of electrical energy from the consumer's technological electrical networks, as well as compensate the losses caused to the system operator and/or the consumer (primary consumer), in case of detection of the unaccounted use of electrical energy from the consumer's technological electrical networks;
21) calculate and compile the balance of electrical energy of own networks;

22) maintain own networks in a state that meets the requirements of regulatory documents;
23) in the event of a difference between the volumes of electric energy distributed on the border of the main consumer and its sub-consumers, urgently implement organizational and technical measures to eliminate the causes of its occurrence;

24) in case of connection of new sub-consumers to their own technological electrical networks within the limits of the authorized (contractual) capacity, notify the system operator and the electricity supplier about this and initiate the adjustment of the authorized (contractual) capacity (reduction of the authorized (contractual) capacity by the amount of the authorized (contractual) capacity of the new sub-consumers );

25) promptly notify the central body of executive power that implements state policy in the field of supervision (control) in the field of electricity, the central body of executive power that implements state policy in the spheres of industrial safety and occupational health, the electricity supplier and the system operator, as well as those participants of the retail market, which have registered with the commercial accounting administrator as providers of commercial accounting services, in accordance with their authority to:

Violation of the electrical energy accounting scheme, malfunctions in the operation of automated accounting systems and accounting means of commercial accounting, which belong to the consumer by virtue of the right of ownership (use) or are installed on the territory of the consumer;

violations that are associated with the disconnection of power lines, damage to the main equipment, electric shock to people and animals, as well as fires caused by the malfunction of the consumer's electrical installations or electrical installations located on the territory of the consumer;
violation of the terms of use of the contractual volume of electricity consumption, schedules for limiting the consumption of electric energy, limiting the consumption of electric power, emergency shutdowns of electricity consumers, special schedules for emergency shutdowns;
detection of unaccounted use of electrical energy from the consumer's technological electrical networks;

26) before making a final decision to change the electricity supplier, conduct preliminary discussions with the new electricity supplier to determine the possibility of supplying electricity.

5.5.6. Decommissioning, as well as putting into operation after repair, technological electrical networks of the consumer, through which electricity is transported to sub-consumers, is carried out only in agreement with the system operator. The coordination procedure is determined by the system operator and may be specified in the contract (appendices to the consumer contract on the distribution of electric energy). Terms, duration, conditions and other requirements for carrying out the specified works are stipulated in the contract between the system operator and the main consumer and in the corresponding contract between the main consumer and the sub-consumer (if necessary).

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5.5.7. The consumer must provide access to the system operator's personnel for operational switching, disconnection of the system operator's electrical installations, maintenance of electrical energy metering devices, emergency system automation, and work related to the construction and repair of the system operator's electrical networks located on the consumer's territory.

5.5.8. In the event of obstruction of access to the consumer's electrical installations of authorized representatives of the relevant executive authorities (within the limits of their powers, determined by regulatory legal acts), authorized representatives of the electricity supplier - to the metering node and/or the system operator - to the section of the power grid from the border of balance ownership to the metering node (including) such a consumer and/or officials of such a consumer are responsible in accordance with the legislation of Ukraine.

5.5.9. The consumer (the main consumer) compensates the participants of the retail market for losses caused by the forced violation of the terms of the contract by other consumers (sub-consumers) regarding the volumes of supply, indicators of the quality of electricity supply and/or contracted capacity, caused by the actions and/or inaction of the consumer (the main consumer) .

5.5.10. In the event of a violation of the electricity metering scheme, damage or theft of electricity metering devices as a result of actions (inaction) of the consumer, their repair, replacement, installation of measuring equipment and technical inspection shall be carried out at the expense of the consumer.

5.5.11. Consumers who own a backup power source (an electrical installation designed for the production or transformation and distribution of electrical energy), which must be specified in the contract with the system operator, bear full responsibility for its technical condition and readiness for timely start-up.

Damages and negative consequences from untimely or unauthorized start-up of backup power sources are compensated at the expense of their owners.

5.5.12. The consumer is not responsible for property damage caused to the electricity supplier, system operator or third parties, and material damage caused by:
1) force majeure circumstances (the presence of force majeure circumstances is confirmed by the relevant act);
2) unqualified actions of the personnel of the system operator, commercial accounting service provider, electricity supplier or sub-consumer.

5.5.13. A non-household consumer, in addition to the duties and responsibilities specified in clauses 5.5.5-5.5.12 of this chapter, is obliged to:
1) use electricity rationally, avoid wasteful (inefficient) use of electricity;
2) maintain the indicators of the quality of electric energy in its networks in accordance with the indicators determined by the Transmission System Code and the Distribution System Code and the terms of the contract with the system operator;

3) to compensate for the flow of reactive electrical energy in order to save energy and comply with the quality indicators of electrical energy;
4) ensure the functioning of own calculation means of measuring the amount of electrical energy in accordance with the requirements of regulatory and technical documents and passport data of the manufacturer of the relevant commercial accounting means by concluding a contract with a commercial accounting service provider;

5) ensure unimpeded access of the commercial accounting service provider and/or the system operator to the database of the local data collection and processing equipment for obtaining and transmitting information on the volume and parameters of electric energy flows and the amount of power consumed;
6) use emergency, fire prevention measures and measures for the safe operation of electrical installations;

7) agree with the system operator on the change of the power supply reliability category and the placement of automatic reserve activation devices (AVR), the use of the automatic reserve activation scheme (AVR) and automatic frequency discharge schemes (ACR);
8) to provide the system operator and the electricity supplier with schedules of electric energy consumption and power levels within the time frame(s) established by the contract;

9) in the case of the transfer of electric energy to the electric networks of other business entities, ensure the drawing up of the balance of electric energy in own technological electric networks for conducting commercial calculations;
10) in the cases stipulated by these Rules, enter into a contract for the provision of services to ensure the flow of reactive electrical energy with the operator of the system, on the territory of which the licensed activity is carried out, the consumer's electrical installation is connected;

11) ensure compliance with the established power consumption regimes, compliance with the specified amount of restrictions and emergency shutdowns specified in the contract with the system operator;
12) at the request of the system operator, to connect their current receivers under the action of automatic frequency discharge (ACR) and automatic load disconnection system (SAVN);

13) stop the distribution or limit the volume of distribution of electric energy to the sub-consumer at the reasonable request of the operator of the distribution system;
14) stop the distribution or limit the amount of distribution of electric energy to a sub-consumer at the justified request of the electricity supplier, if the main consumer is the owner and/or balance keeper of a small distribution system;

15) promptly notify the central executive body that implements state policy in the field of supervision (control) in the field of electricity, the central executive body that implements state policy in the fields of industrial safety and occupational health, the electricity supplier and the system operator in accordance with their powers about cases malfunctions of equipment and devices of relay protective automation (RZA) and devices of automatic frequency discharge (ACR), which belong to the system operator and are located in the premises or in the consumer's electrical installations;

16) in case of connection of new sub-consumers to own technological electric networks within the limits of the authorized (contractual) capacity, notify the system operator and the electricity supplier about this and, in accordance with the procedure established by the Code of distribution systems and the Code of the transmission system, initiate the adjustment of the authorized (contractual) capacity (reduction of the authorized ( contractual) capacity by the amount of connected capacity of new sub-consumers);

17) in the case of the use of technological electrical networks by the operator of the distribution system, conclude an agreement with him on the joint use of technological electrical networks.