Which regulatory documents govern the relationship between the electricity supplier and the consumer?
Currently, the relationships arising during the sale and purchase of electricity on the retail electricity market between distribution system operators or electricity suppliers and consumers are regulated by:
- The Law of Ukraine "On the Electricity Market,",
-The Rules of the Retail Electricity Market, approved by the National Commission for State Regulation of Energy and Utilities (NCER) Resolution No. 312 dated March 14, 2018,
- The Distribution System Code, approved by NCER Resolution No. 310 dated March 14, 2018.
Electricity supply is carried out based on contracts concluded between consumers and distribution system operators.
What to do in case of poor electricity supply quality at home?
According to the Procedure for Ensuring Quality Standards of Electricity Supply Services and Compensation to Consumers for Non-Compliance, approved by NCER Resolution No. 375 dated June 12, 2018, the electricity supplier and/or distribution company must ensure the general quality standards for electricity supply services.
Obligations of the Distribution System Operator (DSO):
The DSO must comply with electricity quality indicators that characterize reliability (continuity) of supply, commercial quality of distribution (transmission) services, and electricity quality. The list and values of these indicators are approved by the regulator (NCER).
Consumer Rights:
Consumers have the right to:
- Receive electricity of proper quality in accordance with the contract and electricity quality standards;
- Compensation in case of non-compliance with quality indicators;
- Compensation for damages according to contract terms and Ukrainian law.
Procedure for Checking Electricity Quality:
The procedure for checking electricity quality upon consumer complaints, requests, or claims is defined in Chapter 13.2 of Section XIII of the Distribution System Code (DSC). In case of receiving a complaint, request, or claim from an individual consumer or a group of consumers (collective complaint/request/claim) regarding electricity quality, the Distribution System Operator (DSO) must review it within 15 days from the date of receipt. If measurements of electricity quality parameters at the consumer’s distribution point are required, the review period extends to 30 days. For collective complaints, requests, or claims, the review period is up to 45 days.
Following the review, the DSO must provide a written response to the consumer containing:
1) If the complaint is justified:
- Reasons for non-compliance with quality indicators;
- Measures and deadlines to eliminate the causes of non-compliance or results of remedial works if already resolved;
- Results of electricity quality measurements, if performed.
2) If the complaint is rejected:
- Documents confirming the consumer’s violation of the Distribution System Code (DSC) requirements, particularly if the consumer’s installations or devices do not comply with the standards or technical connection conditions established by state authorities or the Distribution System Operator (DSO), as well as regulatory and technical documents, resulting in electricity quality parameters at the consumer’s distribution point not meeting the indicators defined by the DSC;
- Results of measurements of electricity quality parameters confirming the DSO’s compliance with the regulatory electricity quality indicators, conducted in accordance with the requirements of clauses 6.2.1–6.2.5 of Chapter 6.2, Section VI of the DSC and clause 13.2.10 of Chapter 13.2, Section XIII of the DSC, over a period of no less than 7 calendar days, excluding the duration of power supply interruptions;
3) In case the consumer withdraws the complaint/appeal/claim regarding the quality of electricity, submitted in writing in any form, the Distribution System Operator (DSO) is obliged to provide a written response to the consumer before the end of the review period, indicating that the complaint/appeal/claim will not be considered.
The DSO is required to eliminate the causes of non-compliance with electricity quality indicators within 30 days if they can be resolved by simple works (operational actions by the DSO personnel), or within 180 days if complex works (construction works or replacement of network elements) are necessary.
How is compensation provided for poor-quality electricity supply?
According to the Procedure for ensuring quality standards in electricity supply services and providing compensation to consumers for their violation, approved by the resolution of the National Energy and Utilities Regulatory Commission (NEURC) dated June 12, 2018, No. 375, if the guaranteed quality standards of electricity supply services are not met, the Distribution System Operator (DSO) provides compensation to the consumer in the amounts specified in Appendix 1 to the Procedure (net of applicable taxes, if any) and according to the procedures defined in Chapter 6 of the Procedure.
According to clause 6.12 of Chapter 6 of the Procedure, if the electricity supplier or DSO fails to provide compensation for non-compliance with guaranteed electricity quality standards, the consumer has the right to independently apply to the supplier or DSO using the form provided in Appendix 3 to the Procedure.
In case of an unjustified refusal to provide compensation or ignoring the application, the consumer has the right to appeal to NEURC and its territorial bodies.
Disputes between participants of the retail electricity market are resolved through negotiations.
If agreement cannot be reached through negotiations, which is documented by at least one party, the dispute is considered based on the consumer’s or another retail market participant’s application within the powers granted by law to NEURC or by court. The State Energy Supervision Authority may also be involved in resolving disputes within its competence.
Where to seek consultation regarding electricity supply quality?
If you need consultation on the reliability and quality of electricity supply or on billing for consumed electricity, you can contact the Information and Consultation Center for electricity consumers at your regional electricity distribution company (Oblenergo).
For questions concerning the technical condition of electrical installations and networks, you should contact the State Energy Supervision Authority in the respective region or submit an electronic inquiry via the official website of the State Energy Supervision Inspectorate of Ukraine: sies.gov.ua.
