ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 26, 2004 No. 109

About pricing concerning electrical and heat energy in the Russian Federation

The government of the Russian Federation decides:

1. Approve enclosed:

Pricing bases concerning electrical and heat energy in the Russian Federation;

Rules of state regulation and application of rates for electrical and heat energy in the Russian Federation.

2. To federal executive bodies to develop and approve the methodical instructions and other documents provided by pricing Bases concerning electrical and heat energy in the Russian Federation and Rules of state regulation and application of rates for electrical and heat energy in the Russian Federation.

3. Declare invalid the order of the Government of the Russian Federation of April 2, 2002 No. 226 "About pricing concerning electrical and heat energy" (The Russian Federation Code, 2002, No. 15, the Art. 1431).

4. Ceased to be valid

 

Approved by the order of the Government of the Russian Federation of February 26, 2004 No. 109

Pricing bases concerning electrical and heat energy in the Russian Federation

I. General provisions

2. The following concepts are hereunder used:

"regulating authorities" - Federal Tariff Service and executive bodies of subjects of the Russian Federation in the field of state regulation of rates;

"regulated activities" - activities within which calculations for delivered goods (services) are perfromed on rates (prices) which are subject to state regulation. This concept is applied only with the purpose to identify the expenses relating to regulated activities and does not mean application concerning these activities of any other regulation, except establishment of rates (prices);

"rates" - system of price rates at which calculations for electrical energy (capacity) and heat energy (capacity), and also for the corresponding services rendered by the organizations performing regulated activities are perfromed;

"pricing" - settlement process and establishments of regulated rates (prices) applied when calculating for electrical energy and capacity and heat energy (capacity), and also for the corresponding services rendered by the organizations performing regulated activities;

"effective period of rates (prices)" - period of time between changes of rates (prices) by regulating authorities;

"settlement period of regulation" - the period (calendar year) for which rates (prices) are calculated;

"necessary gross revenue" - economically reasonable amount of the financial resources necessary for the organization for implementation of regulated activities during the settlement period of regulation;

"indication price of electrical energy" - the weighted average cost of unit of electrical energy calculated for the purpose of forming of regulated agreements in the wholesale market and used for determination of regulated rates for electrical energy (capacity) in the retail markets for the corresponding period of regulation;

"indication price of capacity" - the weighted average cost of power unit calculated for the purpose of forming of regulated agreements in the wholesale market and used for determination of regulated rates for electrical energy (capacity) in the retail market for the corresponding period of regulation;

"long-term parameters of regulation" - the parameters of calculation of rates set to the long-term period of regulation during which they are not reviewed;

"method of comparison of analogs" - the method applied to establishment of long-term parameters of regulation, based on comparison of indicators of the organization activity performing regulated activities with the similar indicators of other organizations comparable to it on economic and technical characteristics;

"invested capital" - the capital which was used for creation of the assets necessary for implementation of regulated activities which amount is determined for the beginning of each long-term period of regulation;

"the size of the invested capital" - the size of the invested capital established by results of independent assessment upon transition to regulation of rates on the basis of long-term parameters of regulation of organization activity;

"base of the invested capital" - the value of the invested capital used when forming regulated rates for the next period of regulation according to methodical instructions for regulation of rates using income method of the invested capital;

"net working capital" - the difference between the size of the current assets and size of the current obligations of the organization performing regulated activities established by regulating authorities for the long-term period of regulation;

"the term of return of the invested capital" - the term during which the capital invested in the current year will be in full returned to the organization performing regulated activities by inclusion of the corresponding payments in the necessary gross revenue considered when calculating rates;

"rate of return of the invested capital" - the size reflecting economically reasonable level of profitability of the invested capital, determined taking into account ratio of the loan capital and equity;

"economically reasonable ratio of the loan capital and equity" - the ratio of the loan capital and equity of the organization performing regulated activities, achievable during the long-term period of regulation, providing minimal cost of the invested capital in case of the set risk level of insolvency of the organization;

"operating expenses" - the expenses connected with production and sales of products (services) in regulated types of activity, except for fixed asset depreciations, maintenance expenses of borrowed funds, expenses connected with lease of the property used for implementation of regulated activities, and the expenses on fee rendered by the organizations performing regulated activities;

"basic level of operating expenses" - the level of operating expenses established for the first year of the long-term period of regulation;

"index of efficiency of operating expenses" - the indicator characterizing dynamics of change of the expense level, the corresponding goods (services) connected with deliveries, allowing to provide step-by-step achievement of the effective level of operating expenses determined by method of comparison of the analogs or way of calculation of the effective expense level connected with content of the standard equipment;

"economy of operating expenses" - change of level of the actual operating expenses in comparison with the level of actual expenses of previous year, less the size characterizing change of the expense level provided by index of efficiency of operating expenses. Level of the actual operating expenses considered when calculating economy of operating expenses cannot exceed the level established by regulating authorities for this year;

"level of reliability and quality of implementable goods (services) "set of the indicators reflecting quality characteristics of implementable goods (services).

Values of other concepts used hereunder correspond accepted in the legislation of the Russian Federation.

II. System of rates (prices)

3. Rates (prices) are a part of the system regulated rates (prices) and the free (non-regulated) prices.

Treat regulated rates (prices):

1) regulated rates (prices) and (or) their limiting (minimum and (or) maximum) levels in the wholesale market:

on electrical energy (capacity) sold in the wholesale market under agreements within limiting (minimum and maximum) the sales amounts of electrical energy (capacity) at regulated prices (rates) determined according to Rules of the wholesale market of electrical energy and capacity (further - rules of the wholesale market);

on electrical energy (capacity) sold in the wholesale market in the territories of the subjects of the Russian Federation not united in price zones of the wholesale market;

on electrical energy (capacity) acquired by the organization for management of single national (all-Russian) power network for the purpose of compensation of losses of electrical energy within limiting (minimum and maximum) the sales amounts of electrical energy (capacity) at regulated prices (rates) determined according to rules of the wholesale market;

on the electrical energy (capacity) sold (acquired) on wholesale market for the purpose of technological support of joint operation UES of Russia and electric utility systems of foreign states, and also sold (acquired) in the wholesale market under agreements within limiting (minimum and maximum) sales amounts of electrical energy (capacity) at regulated prices (rates) for the purpose of export (import) to electric utility systems of foreign states (further the guaranteed export (import);

2) regulated rates and (or) their limiting (minimum and (or) maximum) levels on electrical energy (capacity) in the retail markets:

delivered in the retail markets to the population;

delivered in the retail markets to other categories of consumers (except for the populations) the guaranteeing suppliers power supplying and the power sales organizations which consumers the population, in the amounts corresponding to the amounts of electrical energy (capacity) sold on regulated rates (prices) in the wholesale market in subjects of the Russian Federation which territories are united in price zones of the wholesale market is among;

3) regulated rates for heat energy (capacity) in the retail market;

4) rates (the amount of payment) and (or) their limiting (minimum and (or) maximum) levels on the services rendered in the wholesale and retail markets of electrical energy (capacity) and in the retail market of heat energy (capacity) the organizations performing regulated activities.

The prices determined by results of competitive selection of price requests or by agreement of the parties on wholesale and the retail markets belong to the free (non-regulated) prices for electrical energy (capacity).

The prices determined by results of competitive selection of contractors of services in ensuring system reliability belong to free (non-regulated) service prices on ensuring system reliability.

5) regulated rates for electrical energy (capacity) sold in the retail markets of the Komi Republic, the Arkhangelsk region, the Kaliningrad region, the Southern Yakut area of the Republic of Sakha (Yakutia), Primorsky Krai, Khabarovsk Krai, the Amur region, the Jewish Autonomous Region (further - the territories not united in price zones of the wholesale market) the guaranteeing suppliers (the power sales, power supplying organizations).

III. Principles and methods of regulation of rates (prices)

4. Establishment of regulated rates (prices) is performed by regulating authorities according to the purposes and the principles of state regulation provided by the Federal Laws "About State Regulation of Rates for Electrical and Heat Energy in the Russian Federation", "About Power Industry" and regulatory legal acts establishing rules of functioning wholesale and the retail markets.

5. Regulation of rates (prices) is based on the principle of obligation of separate accounting by the organizations performing regulated activities, amounts of products (services), the income and expenses on production, transfer and sale of energy in accordance with the legislation of the Russian Federation.

In case of establishment of regulated rates (prices) repeated accounting of the same expenses on the specified types of activity is not allowed.

6. The organizations performing regulated activities shall keep separate account on the following types of activity:

1) production of electrical energy (capacity);

2) production of heat energy (capacity);

3) transfer of electrical energy (capacity) on single national (all-Russian) power network;

4) transfer of electrical energy on the power networks belonging on the property right or other legal cause to the territorial network organizations;

5) transfer of heat energy (capacity);

6) rendering services in the organization of functioning and to development of Power pool system of Russia;

7) the services in the organization of trade in the wholesale market of electrical energy (capacity) connected with the conclusion and the organization of execution of transactions on the address of electrical energy (capacity);

8) ensuring system reliability;

9) technology accession to power networks;

10) supervisory control in power industry, including separate accounting on the following services:

management of technology working hours of power generation facilities and power receiving devices of consumers of electrical energy, and also ensuring functioning of technology infrastructure wholesale and retail markets;

ensuring reliability of functioning of power industry by the organization of selection of contractors and fee on ensuring system reliability, services in providing conclusion of Power pool system of Russia from emergencies and services in forming of technology reserve of capacities;

11) sale of electrical energy (capacity);

12) sale of heat energy (capacity).

7. In case of establishment of regulated rates (prices) regulating authorities take the measures directed to exception of calculations of economically unreasonable expenses of the organizations performing regulated activities.

If following the results of the settlement, including long-term period of regulation based on the this statistical and accounting records and other materials unreasonable expenses of the organizations performing regulated activities for acquisition account from regulated activities are revealed, regulating authorities shall make the decision on exception of these expenses of expense amount considered in case of establishment of rates for the next settlement, including long-term period of regulation.

7.1. Regulating authorities establish the level of reliability and quality of implementable goods (services) corresponding to long-term investing programs of the organizations performing regulated activities according to methodical instructions for calculation of level of reliability and quality of implementable goods (services) for the organizations performing the corresponding type of regulated activities, the approved authorized federal executive bodies.

Regulating authorities control observance of level of reliability and quality of implementable goods (services).

Regulating authorities annually adjust necessary gross revenue of the organization performing regulated activities, according to the methodical instructions for application of the lowering (raising) coefficients allowing to provide compliance of price level of the organization performing regulated activities, to the level of reliability and quality of the delivered goods (services), approved by Federal Tariff Service. Adjustment of necessary gross revenue of the organization performing regulated activities is made also by results of control actions for observance of level of reliability and quality of implementable goods (services).

8. Regulating authorities on the basis of the actions for expense reduction of the organizations performing regulated activities which are previously approved with them shall within 2 years after the termination of payback period of expenses on holding these actions keep the settlement expense level, the rates for the period preceding expense reduction considered in case of regulation if the method of regulation does not provide other.

9. If the organization performs except regulated other types of activity, expenses on their implementation and income (losses) gained from these types of activity is not considered when calculating regulated rates (prices).

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