In this fresh case (the decision was made on December 5, 2021 ), we will analyze in detail how miners are calculated, how disassembly takes place on the spot, and what consequences all this entails.
👾 Decision of the Arbitration Court of the Yaroslavl Region dated December 5, 2021 in case No. А82-2886/2021
In 2018, an individual entrepreneur rented a garage box with an area of 263 sq.m. in the village of Shchedrino, Yaroslavl region, and started mining cryptocurrencies.
In October 2020, during control measures, representatives of PJSC Rosseti Center revealed violations of the power supply scheme at the address of garage boxes, expressed in unauthorized connection of power receiving devices.
An act was drawn up on unaccounted for the consumption of electrical energy dated 07.10.2020, which recorded the fact that the miner consumed electricity without a supply agreement concluded with TNS energo Yaroslavl PJSC to connect electrical equipment for cryptocurrency mining.
The act also indicates the absence of a meter and the presence of the actual measured power at the time of the check – 42.6 kW. The act is signed by the miner with the mark “disagree”.
In accordance with paragraph 189 and paragraph 2 of Appendix No. 3 to the Basic Provisions for the Functioning of Retail Electricity Markets, approved by Decree of the Government of the Russian Federation No. 442 dated 04.05.2012 , the volume of non-contractual consumption of electric energy was calculated, which amounted to 572,378 kWh for the period 8760 h.
The cost of non-contractual consumption amounted to 2,197,931.52 rubles. (572,378 kWh x 3.84 rubles).
👾 Rosseti filed a lawsuit against the miner – the tenant of the box to recover the above debt.
👾 Interrogated at the court session as a witness, the employee of the network organization, who took part in the inspection, spoke in detail about the course of the inspection:
The audit was carried out in connection with the complaints of the owners of the garages about the voltage drop and the heating of the garage.
The witness also said that the current power was measured in the shield located in the immediate vicinity of the disputed garage (on the photographs submitted by the plaintiff it can be seen that the cable leaves the garage and enters the shield), the power was 42.6 kW, which is reflected in the act from 07.10.2020.
The specified power is not typical for the consumption of such a room as a garage box (usually the power consumed by such an object is 2 kW).
Network operators disconnected the facility (cut the cable), called the police.
After some time, a miner and another man drove up to the garage, who in every possible way prevented the employees of IDGC of Center from entering the garage.
Employees of the network organization sealed the door.
After the arrival of the police, the plaintiff’s employees managed to enter the garage, where they found devices intended for cryptocurrency mining, which is reflected in the report of the inspection of the scene dated 08.10.2020, compiled by the senior investigator of the OMVD of Russia.