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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 4, 2012 No. 442

About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy

(The last edition from 26-07-2018)

According to the Federal Law "About Power Industry" Government of the Russian Federation decides:

1. Approve enclosed:

Basic provisions of functioning of the retail markets of electrical energy;

Rules of complete and (or) partial restriction of the mode of consumption of electrical energy;

changes which are made to acts of the Government of the Russian Federation concerning functioning of the retail markets of electrical energy.

2. Determine that:

a) this resolution is applied to the relations following from the public agreements which are earlier signed in the retail markets of electrical energy (further - the retail markets), regarding the rights and obligations which will arise after its introduction in force;

b) this resolution is applied when calculating obligations for sale and purchase of electrical energy (capacity) in the wholesale market of electrical energy (capacity) (further - the wholesale market) and the retail markets since April, 2012;

d) provisions of this resolution on points of contract supply of rendering services in transfer of electrical energy are applied to the conditions about accession points provided in earlier signed electrical power transmission agreements before reduction of such agreements in compliance with this resolution;

e) settlement methods, except settlement methods of determination of amounts of non-accounting and free-lance consumption of electrical energy, and procedure for their application, established by the Basic provisions of functioning of the retail markets of electrical energy approved by this resolution are applied since July 1, 2012, and till January 1, 2013 with 0,8 coefficient to the corresponding amount received as a result of application of settlement method;

e) development and deployment of the quality standards of consumer service (buyers) according to the requirements established by the Basic provisions of functioning of the retail markets of electrical energy approved by this resolution, and programs of actions for improvement of quality of consumer service (buyers) are performed by the guaranteeing suppliers till May 1, 2013;

g) the direction to consumers of services in transfer of electrical energy, and also to consumers (buyers) under the agreement of power supply of notifications on need of inclusion in the specified agreements of size of the maximum capacity of power receiving devices determined according to the Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services approved by the order of the Government of the Russian Federation of December 27, 2004 No. 861, is performed respectively by the network organizations and the guaranteeing suppliers in 2-month time;

h) information about the established Basic provisions of functioning of the retail markets of electrical energy approved by this resolution, the settlement methods which are subject to application in cases of lack of the metering device, not admission to the metering device for the purposes of carrying out control removal of its indications, conducting check of its condition and also in cases of failure to provide indications of metering devices and identifications of the facts of non-accounting and free-lance consumption of electrical energy is carried to consumers (buyers) in the invoices for payment of electrical energy (capacity) exposed till July 1, 2012, and also on the official sites of the guaranteeing suppliers on the Internet;

i) person who owns on the property right or on other legal cause object (part of object) for production of electrical energy (capacity) (including power plant), the specified in the paragraph one of Item 31 of Rules of the wholesale market of electrical energy and capacity approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172 "About approval of Rules of the wholesale market of electrical energy and capacity and about introduction of amendments to some acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity" and did not receive concerning power plant in general confirmation about non-proliferation of the requirement of the Federal Law "About Power Industry" on realization of all made electrical energy and capacity only in the wholesale market, had the right to implement all electrical energy made on such object (part of such object) only in the wholesale market;

j) control of observance by the guaranteeing suppliers of Rules of determination and application by the guaranteeing suppliers of the non-regulated prices of electrical energy (capacity) approved by the order of the Government of the Russian Federation of December 29, 2011 No. 1179, is performed by federal antimonopoly authority and executive bodies of subjects of the Russian Federation in the field of state regulation of rates according to the procedure, determined by the Government of the Russian Federation;

k) sales allowances of the guaranteeing suppliers in the form of formula for group (subgroups) "other consumers" are established for 2012 by executive bodies of subjects of the Russian Federation in the field of state regulation of rates in time which is not exceeding 2 months from the date of entry into force of methodical instructions, stipulated in Item 6 these resolutions.

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