Recalculation of electricity consumption

Article 83(1), point 6 of the Bulgarian Energy Act provides for the recalculation of electricity consumption where electricity was not metered, was incorrectly metered or was measured inaccurately because of an unauthorised connection, a change to the wiring arrangement or unauthorised interference with instruments, installations or devices referred to in Article 120(3). In the case discussed here, additional quantities of electricity were charged to the customer’s account under the Electricity Metering Rules, published in State Gazette No. 35 of 30 April 2019. The Rules were issued by the chair of the Energy and Water Regulatory Commission and adopted by a Commission decision under item 1 of Minutes No. 67 of 24 April 2019. Article 83(1), point 6, read with Article 83(2) of the Energy Act, provides that the organisation and operation of the power system are also governed by the Commission’s Electricity Metering Rules, which establish the principles for identifying unmetered, incorrectly metered or inaccurately measured electricity. The Commission’s powers follow from Article 21(1), point 3 of the Energy Act, read with Article 2(1) of the Normative Acts Act. In legal terms the Rules are subordinate legislation adopted by the competent authority under statutory powers and, as such, are lawful and binding. Under Article 51(2) of the Rules, if a site is found to have an unauthorised connection to the electricity network, the network operator calculates the electricity consumed over a period of no more than 180 days reckoned back from the date of detection. The quantity is calculated at half the carrying capacity of the equipment connecting the site’s installation to the network, assuming a 24-hour load. Recalculation under paragraph 2 is based on a metrological inspection and an inspection report drawn up under Article 49 of the Rules. Article 49(1) requires the network operator to draw up a report when carrying out inspections under the Rules, except in the case specified in the second sentence of Article 42(5). Paragraph 2 sets out the formal requirements: the report must be signed by a representative of the network operator and by the network user or the user’s representative. If the user or their representative is absent or refuses to sign, it is signed by the operator’s representative and a witness who is not employed by the operator. Under Article 58, if an inspection reveals an unauthorised connection or interference with the metering system, the network operator must immediately notify the Ministry of the Interior.

This article does not constitute a legal opinion or advice concerning a particular situation or person. For assistance with a specific case, consult a lawyer who practises energy law.