of April 21, 2010 No. 269
About carrying out tenders for investment projects on forming of perspective technology reserve of capacities on production of electrical energy and introduction of amendments to some acts of the government of the Russian Federation
The government of the Russian Federation decides:
1. Approve enclosed:
Rules of carrying out tenders for investment projects on forming of perspective technology reserve of capacities on production of electrical energy;
changes which are made to acts of the Government of the Russian Federation.
2. To Federal Tariff Service in coordination with the Ministry of Energy of the Russian Federation and the Ministry of Economic Development of the Russian Federation to approve single for all investment projects on forming of the perspective technology reserve of capacities on production of electrical energy the indicator of return on capital used in case of production of electrical energy, corresponding to the average monthly cost of the short-term capital attracted for the purpose of replenishment of the current assets necessary for fuel acquisition in a month.
3. Determine that realization of the powers provided by this Resolution is performed by federal executive bodies in the limits set by the Government of the limiting Russian Federation of number and salary fund of employees of central offices of the corresponding federal executive bodies and their territorial authorities.
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of April 21, 2010 No. 269
1. These rules determine procedure for the organization and holding open tenders of investment projects by forming of perspective technology reserve of capacities on production of electrical energy (further respectively - tender, the investment project, perspective technology reserve).
2. The organization and carrying out tender are performed by the system operator or appropriate subject of supervisory control in technology isolated territorial electric utility system (further - the organizer of tender).
3. The organizer of tender within a month from the date of acceptance by the Ministry of Energy of the Russian Federation in coordination with the Ministry of Economic Development of the Russian Federation, Federal Antimonopoly Service and taking into account offers of executive bodies of subjects of the Russian Federation of the decision determining size necessary for the established generating capacity of the generating object put into operation by results of tender (further - the generating object), its territorial arrangement and term of its commissioning, makes the decision on terms of carrying out tender.
4. The organizer of tender within 20 working days from the date of decision making about terms of carrying out tender creates the tender committee consisting of 9 people, including 2 representatives from the organizer of tender, the Ministry of Energy of the Russian Federation, the Ministry of Economic Development of the Russian Federation, Federal Antimonopoly Service and the chairman of tender committee who is the representative of the organizer of tender. For forming of tender committee the organizer of tender sends written requests to the specified federal executive bodies.
Federal executive bodies no later than 5 working days from the date of receipt of the written request send to the organizer of tender of the offer on participation of 2 authorized representatives as a part of tender committee.
Representatives of Federal Antimonopoly Service and representatives of executive bodies of subjects of the Russian Federation in the territory of whom creation of the generating object is supposed participate in work of tender committee with the right of advisory vote.
The organizer of tender involves experts to preparation and carrying out tender. At meetings of tender committee experts have rights of advisory vote.
5. The chairman of tender committee approves regulations of work of tender committee.
Organizational technical supply of activities of tender committee is performed by the organizer of tender.
6. The meeting of tender committee is competent if at least two thirds of total number of members of tender committee participate in it. The decision is made by a majority vote the members of tender committee participating in meeting. The decision can be made by holding absentee voting. In this case the decision is made by two thirds of voices of total quantity of members of tender committee.
The solution of tender committee is drawn up by the protocol and signed by all present members of tender committee with indication of data on the decision of each member of the commission.
If the decision is made by holding absentee voting, the opinions of members of the commission stated in writing are applied to the minutes of tender committee.
7. The organizer of tender provides preparation of the notification on carrying out tender, the tender documentation, the feasibility statement necessary for ceiling calculation of price of the investment project and materials of engineering researches, and also performs risk analysis of the investment project.
The Ministry of Economic Development of the Russian Federation for carrying out tender provides to the organizer of tender forecasts of the prices (rates) for the 20-year period for gas, coal, electrical energy, nuclear fuel, and also for gas transportation services for trunk gas pipelines of the organization - the owner of the Unified gas supply system and on coal transportations by rail.
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