The Legal Regulation of Network Capacity in Electric Power Supply Obligations

In this article, the author considers the concept of “capacity” in energy supply obligations. In the introductory part of the article, the author analyzes the category “power” from different aspects: technical, economic, and legal. A significant part of the article is devoted to identifying the legal nature of power. The author presents the views of legal scholars that reveal the content of this category. Based on the analysis, the author concludes that “power” is not an object of civil rights. The concept of “power” is borrowed from the technical and economic sphere of knowledge and is used to denote the obligation by virtue of which the power supply organization assumes the obligation to maintain the generating equipment in readiness for energy production, and the consumer is given the corresponding right of claim. At the same time, the author notes that power supply is impossible without energy transportation, and therefore, there is a need to maintain the availability of equipment at network facilities that have a hierarchical structure. In conclusion, the author suggests introducing the concept of “grid capacity” into scientific circulation along with the legal category “generating capacity” to indicate the obligation to maintain the availability of power equipment at grid facilities.