ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of November 14, 2007 No. 378

About approval of the Procedure for establishment of cases of manipulation the prices of electrical energy (capacity) in the wholesale market of electrical energy (capacity)

1. Approve the enclosed Procedure for establishment of cases of manipulation by the prices of electrical energy (capacity) in the wholesale market of electrical energy (capacity).

2. Direct this order to state registration in the Ministry of Justice of the Russian Federation in accordance with the established procedure.

3. I reserve control of execution of this order.

Appendix

to the order of Federal Antimonopoly Service of November 14, 2007 No. 378

Procedure for establishment of cases of manipulation the prices of electrical energy (capacity) in the wholesale market of electrical energy (capacity)

I. General provisions

1. This Procedure establishes rules of identification and suppression of cases of the manipulation the prices of electrical energy performed by participants of the wholesale market of electrical energy (capacity) (further - the wholesale market), the system operator, the network organization by making economically and (or) technology frivolous actions, including with use exclusive (including temporary) provisions in the wholesale market (separate price zones of the wholesale market) which lead to the considerable change in price (price) of electrical energy, including way

submissions of the overestimated (underestimated) requests for sale (purchase) of electrical energy;

submissions of the price request in which amount does not correspond to the amount of electrical energy developed with use of the maximum value of capacity of the generating equipment of such participant determined by the system operator according to rules of the wholesale market.

2. Exclusive provision the provision of business entity (group of persons) in zone of free overflow allowing business entity (group of persons) to exert the determining impact on forming of equilibrium price on electrical energy during the certain period of condition of the wholesale market which is characterized by lack of possibility of replacement of the amount of electrical energy delivered by this business entity with supply rate of electrical energy other managing subjektov* is recognized.

3. Other terms and concepts used in this Procedure are applied in the values determined by the legislation of the Russian Federation on power industry and the antitrust law of the Russian Federation.

II. Monitoring of the prices of electrical energy and establishment of the facts of manipulation the prices of electrical energy in the wholesale market

4. Identification of cases of manipulation the prices of electrical energy in the wholesale market is performed by antimonopoly authority including based on data of the monitoring of the prices of electrical energy performed by Trading System Administrator of the wholesale market.

5. Trading System Administrator of the wholesale market by results of each trading session performs monitoring of the prices (price) for the amounts of electrical energy included in planned hourly production (consumption), counterbalancing the demand and supply of electrical energy and determined by results of competitive selection of price requests for the days ahead in each price zone of the wholesale market, and also determined as a result of competitive selection for balancing of system (further - equilibrium prices (price) of electrical energy).

6. The purpose of monitoring of the prices is detection considerably of the overstated (underestimated) equilibrium prices on electrical energy.

Monitoring of hourly equilibrium prices on electrical energy in nodes of settlement model (group of the nodes of settlement model carried to group of the points of delivery of generation) determined according to the Treaty of Accession to trade system is daily conducted by Trading System Administrator by the following criteria:

- variation of equilibrium prices (price) of electrical energy in more than in 10 percent of nodes of settlement model in borders of the zones of the wholesale market carried to zone of free overflow from the corresponding value of equilibrium price on electrical energy determined for similar hours of prior days;

- variation of equilibrium prices (price) of electrical energy in more than in 10 percent of nodes of settlement model in borders of the zones of the wholesale market carried to zone of free overflow from the corresponding value of equilibrium price of the electric power determined for similar hours of days of the last week;

- variation of equilibrium prices (price) of electrical energy in more than in 10 percent of nodes of settlement model in borders of the zones of the wholesale market carried to zone of free overflow from the corresponding weighted average value of equilibrium price of the electric power determined for similar (hours) days of the last month (quarter);

- variation of equilibrium prices (price) of electrical energy in more than in 10 percent of nodes of settlement model in borders of the zones of the wholesale market carried to zone of free overflow from the corresponding price value, the electrical energy (capacity) established for such subject of the wholesale market in the purchase and sale agreement at regulated prices (rates) (further - the regulated agreement).

7. Numerical values of the size of variation which is subject to identification during monitoring are established by Trading System Administrator in coordination with Federal Antimonopoly Service.

8. In case of identification of size of variation of equilibrium prices (price) of electrical energy, the stipulated in Item 6 presents About, Trading System Administrator carries out the analysis of the reasons of this variation. On analysis results Trading System Administrator creates the list of subjects which actions could lead to variation of equilibrium prices. Are included in the specified list, including the participants of the wholesale market who made the following actions:

- submission of the price request which created equilibrium price in node of settlement model (group of the nodes carried to group of points of delivery of generation);

- submission of the price request is higher than the price request which created equilibrium price in node of settlement model (group of the nodes carried to group of points of delivery of generation);

- submission of the price request in which amount does not correspond to the amount of electrical energy developed with use of the maximum value of capacity of the generating equipment of such participant determined by the system operator according to rules of the wholesale market.

9. Trading System Administrator of the wholesale market provides the following information in antimonopoly authority:

- the list of participants created on analysis results, this procedure which is carried out according to Item 8;

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