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The legislation does not separate the concepts of capacity of electric power (energy) and capacity of generating devices (generating capacity). In addition, when analyzing this concept, the existing interrelation and interaction of legal and technical norms in the process of legislative regulation of capacity, which determines the technical and legal nature of this legislation, is not taken into account. The characteristic of energy described in literature as an independent commodity leads to its separation from the main purpose of the contractual obligations of the parties, the subject of which is the obligation of the power supplying organization to supply the subscriber with energy through the connected network. But the characteristic of capacity as no more than a quantitative or qualitative indicator of energy cannot be accepted, because it takes this notion beyond the limits of legal relations on energy supply. In relations based on the model of power supply, capacity as an economic-legal concept is a technical, technological and other kinds of activity, carried out by any (not only transmitting electric and thermal energy) supplying organization by the connected network to maintain equipment (generating devices at power supply) in such a condition that ensures the generation and transfer of resources in the quantity and quality specified in the contract with the consumer for the use of the consumer. Power in the power industry as an object of technical and legal regulation can be defined as special legal rules established by the competent authorities, by means of which technical characteristics of the equipment are established, compliance with which allows ensuring the availability of the generating equipment of the supplying organization for power generation of the quantity and quality specified by the contract, as well as technical characteristics of the transmitted power.


Power supply, electric power capacity, generating capacity, legal and technical rules of electric power legislation

Legal and technical regulations of legislation on capacity in energy sector

A. M. Shafir


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