THE ACTIVE ENERGY COMPLEX: A LEGAL EXPERIMENT OR “COMBAT RECONNAISSANCE”?

One of the directions for the distributed energy development in Russia is an active energy complex, as an industrial microgrid. The performed research is aimed at analyzing the proposed legal model of a pilot project of active energy complexes and its compliance with the rules of a legal experiment. Analysis of individual legal and organizational aspects of the model of the proposed relations within the framework of an active energy complex made it possible to determine a list of problems that need to be addressed. As a result of the study, it was determined that the pilot project, declared as a legal experiment, does not comply with the basic rules of its implementation. The normative acts adopted regarding the pilot project of an active energy complex are mainly related to technical, rather than legal and organizational regulation. As a result, participants in such an experiment are exposed to increased legal risks that are difficult to compare with the expected economic benefits. The reason for this is the lack of a comprehensive legal and regulatory framework governing relations between the entities that make up the active energy complex, and of a common understanding of the pilot project. According to the current regulatory framework, a pilot project is an activity aimed at creating conditions for the functioning of active energy complexes, and at the same time, it is a purposeful organizational activity for the creation, operation, and formation of these complexes. The study revealed the legal and organizational shortcomings of the proposed procedure for the implementation of a pilot project of an active energy complex. Elimination of deficiencies will reduce risks and establish a transparent procedure for interaction between project participants.

distributed energy, retail electricity market, wholesale electricity market, active energy complex, legal experiment, criterion, pilot project, legal regulation in the electrical power industry, legal model, organizational and economic model.

Byk F. L., Epifantsev A. V. The active energy complex: a legal experiment or “combat reconnaissance”? Business. Education. Law, 2021, no. 2, pp. 234—238. DOI: 10.25683/VOLBI.2021.55.247.