Current Problems of the Institution of Regulatory Agreements in the Electric Power Industry
Year: 2025
Type: article
Abstract: This paper analyzes the legal nature and key features of regulatory agreements in the electric power industry and examines the main objectives and tasks of this legal institution. In the Russian legal system, substatutory legal regulation of regulatory agreements only emerged in 2023. A number of legal issues related to the institution of regulatory agreements remain unresolved. It is necessary not only to determine the legal classification of such agreements but also to define their place within the system of special legislation on the electric power industry and their relationship with other branches of law, including civil, budgetary, and administrative law. The article also explores the limits of applying civil law provisions to regulatory agreements, the mechanisms for challenging regulatory agreements by third parties, and the problematic aspects of the procedure for concluding and enforcing such agreements. The absence of clear guidance in current electric power industry legislation on the applicability and scope of civil law provisions to regulatory agreements creates uncertainty for the parties involved concerning grounds for termination, invalidation, the application of penalties, etc. Moreover, a fundamental issue of whether regulatory agreements and the tariff decisions based on them can be challenged by third parties (including both other grid operators and consumers) remains unresolved. These gaps in legal regulation hinder the fulfillment of one of the core functions of regulatory agreements: ensuring long-term stability and clarity in tariff regulation for grid operators and other entities in the electric power sector. To address these gaps, the article proposes amending the Law on the Electric Power Industry to include provisions on the applicability of civil law provisions to regulatory agreements, as well as a provision establishing that regulatory agreements may not be challenged independently of the tariff-setting decisions
Source: Herald of V.A. Musin Law Center
DOI: 10.61525/s0035543-7
Author: Nikita G. Derkach
Language: English
Topic: Energy Law and Policy
Subfield: Information Systems and Management
Field: Decision Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412929088