Unused Network Infrastructure Facilities in the Energy Markets of the Eurasian Economic Union: Limits of the Operator'S Obligation to Maintain Them

The article examines the issue of unused network infrastructure facilities (power transmission lines, gas pipelines, oil pipelines, and oil product pipelines) in the energy markets of the Eurasian Economic Union from the perspective of the legal limits of the network operator's obligation to maintain such facilities. Based on an analysis of the national regulation of the EAEU member states, the article emphasizes that regulatory attention is primarily focused on issues of utility connection and obtaining services for the transportation of energy resources. The author considers utility connection not only as a physical connection to the grid, but also as a legal relationship between the network operator and the consumer of its services. This relationship is not terminated by a temporary disruption of the physical integrity of the network or by the temporary lack of demand. The de facto indefinite obligation of the network operator to service and maintain unused networks creates conflicts in law enforcement. In addition to disputes over the conditions for restoring access to the network, there are also economic implications associated with the long-term maintenance of unused network infrastructure facilities. In particular, the financial burden on network operators increases, which indirectly leads to higher costs of access as well as higher prices for network services for consumers. As a solution, it is proposed to introduce, at the national legislation level of the EAEU member states, a limitation on the period during which such networks must be kept ready to provide services. After three years of no demand for network services by consumers, it is proposed to terminate the obligation of the network operator to maintain the network ready. The article concludes that it is advisable to unify the legal regulation of this area at the level of the legislation of the EAEU member states, which would balance the interests of network operators, the state, and consumers, increase the efficiency of the use of network infrastructure, and prevent imbalance in its functioning.