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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 6, 2006 No. 355

About features of functioning of the business entities performing activities in the field of power industry mainly for satisfaction of own production needs

(as amended on on February 14, 2009)

According to article 6 of the Federal Law "About features of functioning of power industry during transition period and about modification of some legal acts of the Russian Federation and recognition voided some legal acts of the Russian Federation in connection with adoption of the Federal Law "About Power Industry" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on features of functioning of the business entities performing activities in the field of power industry mainly for satisfaction of own production needs.

2. Determine that Federal Antimonopoly Service is the federal executive body authorized on control of accomplishment of requirements of article 6 of the Federal Law by business entities "About features of functioning of power industry during transition period and about modification of some legal acts of the Russian Federation and recognition voided some legal acts of the Russian Federation in connection with adoption of the Federal Law "About Power Industry" (further - the Federal Law), including behind observance by business entities of the features of functioning established by the Provision approved by this resolution.

3. To Federal Antimonopoly Service together with the Ministry of Industry and Energy of the Russian Federation and the Ministry of Economic Development and Trade of the Russian Federation to develop and provide in accordance with the established procedure the draft of the act of the Government of the Russian Federation establishing rules of control of accomplishment of requirements of article 6 of the Federal Law by business entities in a month.

4. Determine that:

Item 2 of this resolution becomes effective from the effective date rules of control of accomplishment of requirements of article 6 of the Federal Law by business entities;

Items 5 and 6 of the Provision approved by this resolution become effective after 2 months from the specified date.

 

Prime Minister

Russian Federation M. Fradkov

Approved by the order of the Government of the Russian Federation of June 6, 2006 No. 355

Regulations on features of functioning of the business entities performing activities in the field of power industry mainly for satisfaction of own production needs

1. This Provision establishes features of functioning in case of which respect requirements of article 6 of the Federal Law "During transition period and about modification of some legal acts of the Russian Federation and recognition voided some legal acts of the Russian Federation in connection with adoption of the Federal Law "About Power Industry" (further - the Federal Law) do not expatiate on features of functioning of power industry on the business entities performing activities for production, transfer and purchase and sale of electrical energy with use belonging to them on the property right or other legal cause of power plants and other power generation facilities, directly connected among themselves and (or) with the power receiving devices belonging to these subjects, is preferential for satisfaction of own production needs (further - business entities).

2. The business entity at the same time owns on the property right or other legal cause by power plants (power plant) and power receiving devices which are directly technology connected among themselves by the objects of electric grid economy belonging to business entity.

3. The amount of consumption by business entity of electrical energy, total in month, for satisfaction of own production needs exceeds 75 total percent for month of amount of the electrical energy made with use of the power plants (power plant) belonging to it.

4. The amount of the electrical energy which is monthly transferred on other persons belonging to business entity to power networks does not exceed amount of monthly consumption by business entity of electrical energy for satisfaction of own production needs.

5. The business entity carried according to the legislation on power industry to the group of people, the services in supervisory control which are subject to obligatory servicing when rendering in power industry signed the agreements providing obligations on supervisory control belonging to it on the property right or on other legal cause by power plants (power plant), or made the stipulated by the legislation actions of the Russian Federation necessary for the conclusion of the relevant agreements.

If production of electrical energy at the specified power plants (power plant) is performed with use (utilization) of by-products of the main industrial production (domain, coke, converter gases, oil mixes, the departing heat of processing equipment, etc.), supervisory control of such power plants (power plant) is exercised taking into account technical and technology operating modes of the equipment of the main industrial production of business entity.

6. The business entity concluded with the organization for management of single national (all-Russian) power network of the agreement on method of operation of the objects of electric grid economy belonging to it which are included in the register of the objects of electric grid economy entering single national (all-Russian) power network including about procedure for coordination of actions for change of their operational condition, carrying out repair work, implementation of upgrade and other actions concerning these objects, or made the stipulated by the legislation actions of the Russian Federation necessary for the conclusion of the relevant agreement (including directed the offer on the conclusion of the relevant agreement containing conditions, stipulated by the legislation about the power industry for this agreement type specified to the organization).

7. The business entity signed stipulated by the legislation agreements about power industry for the purpose of ensuring its functioning within Power pool system of Russia, including service provision agreements on transfer of electrical energy.

8. If power receiving devices of other consumers of electrical energy are technology attached to the objects of electric grid economy belonging to business entity:

the amount of the electrical energy accepted by such consumers does not join in amount of consumption of electrical energy for satisfaction of own production needs of business entity;

the business entity provides non-discriminatory access to services in transfer of electrical energy to consumers of electrical energy whose power receiving devices are technology attached to objects of electric grid economy of business entity, and performs supply of the specified consumers with electrical energy based on purchase and sale agreements of electrical energy (power supply) to the conclusion by such consumers of the relevant agreements with other power sales organization.

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