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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 27, 2006 No. 628

About approval of Rules of control of observance by legal entities and individual entrepreneurs of prohibition on combination of activities for transfer of electrical energy and to supervisory control in power industry with activities for production and purchase and sale of electrical energy and about modification of the Regulations on Federal Antimonopoly Service approved by the order of the Government of the Russian Federation of June 30, 2004 No. 331

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 Rules of control of observance by legal entities and individual entrepreneurs of prohibition on combination of activities for transfer of electrical energy and to supervisory control in power industry with activities for production and purchase and sale of electrical energy.

2. Determine that Federal Antimonopoly Service is the authorized federal executive body having the right to make decisions on forced reorganization of legal entities (in the form of separation or allocation), and also to take Arbitration Court with the requirement about the termination of activities of individual entrepreneurs in case of non-compliance by them with the prohibition established by the legislation of the Russian Federation on power industry.

3. To Federal Antimonopoly Service together with the Ministry of Industry and Energy of the Russian Federation, the Ministry of Economic Development and Trade of the Russian Federation till March 1, 2008 to analyze practice of application of these rules and to provide to the Government of the Russian Federation the offers concerning their enhancement and also the offers concerning control of observance from end date of transition period of reforming of power industry groups of persons and affiliates in borders of one price zone of the wholesale market of prohibition on combination of activities for transfer of electrical energy and to supervisory control in power industry with activities for production and purchase and sale of electrical energy.

4. Add the Regulations on Federal Antimonopoly Service approved by the order of the Government of the Russian Federation of June 30, 2004 N331 (The Russian Federation Code, 2004, N 31, the Art. 3259), subitem 5.3.1.10 of the following content:

"5.3.1.10. behind observance by legal entities and individual entrepreneurs, and from end date of transition period of reforming of power industry groups of persons and affiliates in borders of one price zone of the wholesale market of prohibition on combination of activities for transfer of electrical energy and to supervisory control in power industry with activities for production and purchase and sale of electrical energy, including control of respect for features of functioning by the business entities performing activities in the field of power industry mainly for satisfaction of own production needs established by the legislation of the Russian Federation;".

 

Prime Minister

Russian Federation M. Fradkov

Approved by the order of the Government of the Russian Federation of October 27, 2006 No. 628

Rules of control of observance by legal entities and individual entrepreneurs of prohibition on combination of activities for transfer of electrical energy and to supervisory control in power industry with activities for production and purchase and sale of electrical energy

1. These rules establish procedure Federal Antimonopoly Service and its territorial authorities (further - antimonopoly authority) control of observance by legal entities and individual entrepreneurs (further - business entities) requirements of 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" providing prohibition on combination of activities for transfer of electrical energy and to supervisory control in power industry with activities for production and purchase and sale of electrical energy, and features of functioning of the business entities established by Regulations on features of functioning of business entities own production needs performing activities in the field of power industry mainly for satisfaction (further - features of functioning).

2. The antimonopoly authority exercises control over the implementation by business entities of the these rules of requirements specified in Item 1 by means of:

a) considerations of notifications on respect for the features of functioning given business entities according to these rules (further - notifications);

b) the directions of requests to business entities about provision of information necessary for control in accordance with the legislation of the Russian Federation;

c) conducting checks of activities of business entities in accordance with the legislation of the Russian Federation.

3. The business entity combining activities for transfer of electrical energy and supervisory control with activities for production and purchase and sale of electrical energy according to features of functioning shall send to antimonopoly authority no later than 30 days from the effective date of these rules the notification and the following documents:

a) the copy of the charter of the legal entity (the copy of the registration certificate as the individual entrepreneur);

b) copy of the certificate on entering of record into the Unified State Register of Legal Entities;

c) copies of documents, confirmatory that the property which is directly used by business entity in case of combination of activities for transfer of electrical energy and to supervisory control in power industry with activities for production and purchase and sale of electrical energy belongs to business entity on the property right or on other legal cause;

d) the register of agreements of power supply (purchase and sale of electrical energy), electrical power transmission agreements, agreements of rendering services in supervisory control, other contracts and agreements connected with use of the power generation facilities belonging to business entity operating in the last complete (incomplete) 12 months preceding date of submission of the notification, one of the parties of which is the business entity submitting the notification. The specified register shall contain the name of the partner under the agreement (agreement), data on amounts of the acquired (sold) according to it goods, on type and amount of the rendered service and the duration of the agreement (agreement);

e) the data on amounts of consumption and transfer of electrical energy by business entity (monthly for the last 12 months, preceding date of submission of the notification) including:

quantity of the electrical energy consumed by business entity for own production needs;

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