On recognition as illegal and cancellation of the act on the results of the inspection and the order to eliminate violations
No.6001-23-00-6ap/417 dated 08/10/2023
Plaintiff: JSC "Z"
Respondent: State Institution "Territorial Department of the Committee for Atomic and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan region" (hereinafter referred to as the Department).
Interested parties: State Institution "Committee for Atomic and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan" (hereinafter referred to as the Committee), JSC "Kazakhstan Electric Grid Management Company "KEGOC" (hereinafter referred to as JSC "KEGOC").
The subject of the dispute is the recognition of the illegal and cancellation of the act on the results of the inspection and the instruction on the elimination of violations.
Review of the defendant's cassation appeal.
PLOT: The Kyzyl-Kainar substation, owned by JSC Z, is connected to the 110kV buses of the ZHRES through the 110kV L-115 and L-127 networks of ZHES LLP. The consumers of "R" LLP engaged in digital mining are powered by the Kyzyl-Kainar PS-11kV (there are sub-consumers: "Ex" LLP, IP "S" LLP, "I" LLP, "T" LLP, CHK "N", CHK "A"). On September 24, 2021, JSC "KEGOC" appealed to the Committee with an appeal on the need to immediately stop the supply of electric energy to the Kyzyl–Kainar substation.
On behalf of the Committee, the Department conducted an unscheduled inspection for compliance with the electric power industry. According to the requirements of the legislation in the region, an act on the results of the audit was drawn up and an order was issued to eliminate the violation dated October 19, 2021, No. 24. By a decision of February 2, 2021, the Committee dismissed the complaint of JSC "Z" about challenging the above-mentioned acts.
Judicial acts:
1st instance: the claim is satisfied.
Appeal: the court's decision is overturned, the claim is denied.
Cassation: the appeal ruling is upheld.
Conclusions: The Court of First Instance motivated the satisfaction of the claim by violations committed during the verification procedure and that a number of violations attributed to the plaintiff are unfounded.
Disagreeing with such conclusions, the court of appeal, overturning the court's decisions, proceeded from the fact that the Department conducted the audit in compliance with the requirements established by law. Technical specifications for connecting sub-consumers to the electric networks of JSC "Z" JSC "KEGOC".
Missing: not agreed with the system operator
design and technical acceptance documentation for all newly connected and reconstructed electrical installations of consumers;
-before the start of installation or reconstruction of electrical installations:
1) technical specifications from the energy transmission company;
2) completed project documentation;
3) design documentation agreed with the energy transmission organization that issued the technical specifications for the project; - in the operational control panels (points) and other premises intended for this purpose, operational diagrams (mock-ups) of electrical connections of electrical installations under operational control, which indicate the actual position of all devices and grounding points, with their numbers indicated; -single-line diagrams of electrical connections of electrical installations for all voltages under normal operating conditions of the equipment, approved by the person responsible for electrical installations of the consumer at least once every 2 years; 160 -operational logs of switching in electrical circuits of switchgear substations "Kyzyl Kainar" and "Z";
-technical documentation:
1) approved project documentation (drawings, explanatory notes) with all changes made during construction, installation and commissioning and subsequent operation;
2) acts of acceptance of hidden works, testing and commissioning of electrical equipment, acceptance of electrical installations into operation;
3) Executive operating schemes; -technical documentation: during the commissioning of a cable transmission line with a voltage above 1000V;
-coordination of the maximum permissible loads of the supply elements of the electrical network and the conditions for setting up relay protection with the dispatching service of the energy transmission organization.
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