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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 27, 2010 No. 1172

About approval of Rules of the wholesale market of electrical energy and capacity and about introduction of amendments to some acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity

(as amended on 30-04-2020)

According to the Federal Law "About Power Industry" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of the wholesale market of electrical energy and capacity;

changes which are made to acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity.

2. To the Ministry of Economic Development of the Russian Federation, the Ministry of Finance of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, the Ministry of Regional Development of the Russian Federation, Federal Tariff Service and Federal Antimonopoly Service to approve the corrected financing sources of investing program of Federal Hydrogeneration Company open joint stock company till March 25, 2011.

3. To the Ministry of Economic Development of the Russian Federation, the Ministry of Energy of the Russian Federation and Federal Tariff Service to approve the corrected financing sources of investing program of "The Russian Concern on Production of Electrical and Heat Energy on Nuclear Power Plants" open joint stock company till March 25, 2011.

4. To the Ministry of Energy of the Russian Federation to approve the corrected financing sources of investing program of Federal Hydrogeneration Company open joint stock company till April 1, 2011.

5. State Atomic Energy Corporation "Rosatom" to approve the corrected financing sources of investing program of "The Russian Concern on Production of Electrical and Heat Energy on Nuclear Power Plants" open joint stock company till April 1, 2011.

6. To Federal Tariff Service:

a) in 2 weeks time from the date of approval of the corrected investing programs specified in Items 2 and 3 of this resolution to review the components of the prices of capacity corresponding to the size of the money necessary for ensuring safe operation and financing of investing programs of subjects of power industry regarding nuclear power plants and hydroelectric power stations (including pumped storage power plants);

b) since April 1, 2011:

review for 2011 the prices of capacity for the generating objects delivering capacity in the forced mode, indication prices of the electrical energy and capacity delivered in price zones of the wholesale market for buyers - subjects of the wholesale market of electrical energy and capacity under the agreements signed in accordance with the legislation of the Russian Federation with the guaranteeing suppliers (who are power supplying with the organizations, the power sales organizations to which number of buyers of electrical energy (capacity) belong the population and (or) equated to it to the category of consumers), and also with the subjects of the wholesale market determined by the Government of the Russian Federation - the buyers of electrical energy (capacity) functioning in separate parts of price zones of the wholesale market for which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets. The specified prices are applied to the legal relationship which arose since April 1, 2011;

correct by years parameters of change of necessary gross revenue of "Federal grid company of the unified power system" open joint stock company for the purpose of smoothing of rates, having provided decrease in necessary gross revenue on content of the objects of electric grid economy relating to single national (all-Russian) power network in 2011 at the rate to 5 billion rubles and review the established rates for the services in transfer of electrical energy on single national (all-Russian) power network rendered by "Federal grid company of the unified power system" open joint stock company;

review the rates for the electrical energy and capacity delivered in not price zones of the wholesale market, rates for the electrical energy and capacity sold (acquired) in the wholesale market at regulated prices (rates) for the purpose of import (export) to the electric utility systems of foreign states installed for the Kaliningrad region and indication prices of electrical energy and capacity for buyers - subjects of the wholesale market of electrical energy and capacity in the territories not united in the price zones of the wholesale market (not price zones) established for 2011 for the Kaliningrad region established for 2011 for the Kaliningrad CHPP-2 (INTER RAO UES open joint stock company). The specified prices (rates) are applied to the legal relationship which arose since April 1, 2011;

c) till July 1, 2011 together with the Ministry of Energy of the Russian Federation and Federal Antimonopoly Service to provide to the Government of the Russian Federation offers on modification of regulatory legal acts of the Government of the Russian Federation regarding participation of representatives of Federal Antimonopoly Service and "Council for Organizing Efficient System of Trading at Wholesale and Retail Electricity and Capacity Market" non-profit partnership in work of executive bodies of subjects of the Russian Federation in the field of state regulation of rates.

7. To the Ministry of Energy of the Russian Federation:

in 9-month time to prepare together with the Ministry of Economic Development of the Russian Federation, Federal Antimonopoly Service, Federal Tariff Service and State Atomic Energy Corporation "Rosatom" and to provide to the Government of the Russian Federation offers on adjustment of the Rules approved by this resolution regarding the provisions concerning the organization of trade in capacity in the wholesale market (including the applications established by the specified Rules of coefficients when scoping underdelivery of capacity in case of failure to carry out (partial failure to carry out) by the supplier of conditions of maintenance of the generating equipment in ready state to development of electrical energy, and also possibility of transition to pricing to electrical energy proceeding from complete costs for development of electrical energy and capacity), on the basis of the analysis of functioning of the wholesale market of electrical energy and capacity after completion of transition period.

8. For the purpose of establishment of cases of manipulation by the prices of electrical energy to Federal Antimonopoly Service in coordination with the Ministry of Energy of the Russian Federation, the Ministry of Economic Development of the Russian Federation and Federal Tariff Service to approve technique of determination of compliance of price requests for sale of electrical energy to requirements of economic justification till May 1, 2011.

9. To executive bodies of subjects of the Russian Federation in the field of state regulation of rates since May 1, 2011 to review the rates for services in transfer of electrical energy established for 2011 on the power networks belonging on the property right or other legal cause to the territorial network organizations, the prices (rates) for electrical energy (capacity) delivered to buyers in the retail markets in the territories not united in price zones of the wholesale market, except for electrical energy (capacity) delivered to the population and categories of consumers equated to it and also sales allowances of the guaranteeing suppliers taking into account the subitem "a", paragraphs of the first and second subitem "b" of Item 6 of this resolution and proceeding from increase in average on the subject of the Russian Federation of straight-line rate on services in transfer of electrical energy in power networks to the territorial network organizations belonging on the property right or other legal cause, and sales allowances of the guaranteeing suppliers no more than for 15 percent. In coordination with Federal Tariff Service executive bodies in the field of state regulation of rates have the right to extend action of decisions on decrease in the rates specified in this Item and sales allowances of the guaranteeing suppliers to the legal relationship which arose since January 1, 2011.

10. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.

11. The paragraph of the sixth of Item 141 of the Rules approved by this resolution becomes effective since April 1, 2011.

Russian Prime Minister

V. V. Putin

 

Approved by the Order of the Government of the Russian Federation of December 27, 2010 No. 1172

Rules of the wholesale market of electrical energy and capacity

I. General provisions

1. These rules establish the legal basis of functioning of the wholesale market of electrical energy and capacity (further - the wholesale market), including regulation of the relations connected with turnover of electrical energy and capacity in the wholesale market since January 1, 2011.

2. In these rules the following basic concepts are used:

"the demand management aggregator on electrical energy" - the subject of power industry or the consumer of electrical energy who concluded according to the Rules of selection of subjects of power industry and the consumers of electrical energy rendering services in ensuring system reliability, and rendering such services approved by the order of the Government of the Russian Federation of March 3, 2010 No. 117 "About procedure for selection of subjects of power industry and the consumers of electrical energy rendering services in ensuring system reliability, and rendering such services and also about approval of changes which are made to acts of the Government of the Russian Federation concerning rendering services in ensuring system reliability" the agreement of rendering services in demand management on electrical energy with the system operator and the agreement (agreements) of rendering services in change of loading which concluded for operation of the specified agreement with the consumer and (or) consumers of the retail market of electrical energy;

"group of points of delivery" - one or several points in power network (delivery points) relating to one node of settlement model and (or) to single technology indivisible energy object concerning which the participant of the wholesale market performs purchase and sale of electrical energy and (or) the capacity in the wholesale market or limiting the territory concerning which purchase and sale of electrical energy and (or) capacity in the wholesale market is performed only by one participant of the wholesale market, and used for the determination and obligation fulfillment connected with delivery and payment of electrical energy and (or) capacity;

"commercial accounting" - process of measurement of amounts of electrical energy and values of electric power, collection and processing of results of measurements, forming in the settlement way based on results of measurements of data on quantity of the made and consumed electrical energy and capacity in the corresponding groups of points of delivery, and also storage and transfer of the specified data;

"competitive selection" - the procedure of determination of the prices and amounts of electrical energy or capacity as a result of selection of price requests by criterion of minimization of cost of electrical energy or capacity;

"manipulation the prices in the wholesale market" - making economically and (or) technology frivolous actions, including with use of the dominant position in the wholesale market which lead to the essential change in price (price) of electrical energy and (or) capacity;

"the organization of commercial infrastructure" - Market Council, the commercial operator of the wholesale market or other organization to which functions on providing commercial infrastructure are assigned;

"variations" - the amounts of electrical energy corresponding to changes of hourly production volumes (consumption) of electrical energy by the participant of the wholesale market between the determination moment according to these rules of amounts of planned hourly production (consumption) of electrical energy and the moment of the termination of hour of their delivery;

"the buyer with tsenozavisimy consumption" - the buyer of electrical energy and capacity who is the participant of the wholesale market, performing independent requirement planning in electric power and assumed in the procedure established by these rules obligation concerning certain group of points of delivery on change of the mode of consumption of electrical energy by ensuring readiness for implementation of tsenozavisimy decrease in purchasing amount of electrical energy;

"the consumers participating in group management by change of loading" - the consumers of the retail market of electrical energy who signed the agreement of rendering services in change of load with the demand management aggregator of electrical energy, providing decrease in amounts of consumption of electrical energy with the power receiving device by change of operating mode of the power receiving device, including including use of stores of electrical energy for complete or partial covering of consumption of electrical energy, and (or) by change of operating modes of the objects of generation belonging to such consumer the established generating capacity less than 25 MW;

"settlement model" - the description of electric utility system intended for creation of mathematical model of production process, transfer and consumption of electrical energy and capacity by means of which the production volumes realized in this electric utility system and consumption of electrical energy and capacity and the prices corresponding to them are calculated;

"system restrictions" - the maximum permissible values of technology parameters of functioning of Power pool system of Russia (further - UES of Russia) (including the level of tension and handling capacity of power network) caused by parameters of work of power generation facilities;

"node of settlement model" - the component of settlement model corresponding to connections of the power networks described in settlement model and places of accession to them the consuming and (or) generating objects (at the same time each generating object attached to networks of high voltage is described in settlement model separately);

"participants of the wholesale market" - the suppliers of electrical energy and capacity and the buyers of electrical energy and capacity who received the status of subjects of the wholesale market, signed agreements, obligatory for participants of the wholesale market, and made others necessary for implementation of trade in electrical energy and capacity in the wholesale market of action according to the Treaty of Accession to trade system of the wholesale market;

"the participant with regulated consumption" - the participant of the wholesale market which has in the wholesale market group of points of delivery to which power receiving devices and (or) the generating objects (if concerning these generating objects separate groups of points of delivery are not registered in the wholesale market) are carried and owing to operating modes of the specified devices and (or) objects influences quality of electrical energy and reliability of work of UES of Russia if concerning such devices and (or) objects the participant according to the Treaty of Accession to trade system of the wholesale market has opportunity to accept and to perform in the time (no more than 1 hour) defined by the specified agreement dispatching teams about change of amounts of consumption (production) of electrical energy;

"the price request" - the document reflecting intention of the participant of the wholesale market to purchase or sell electrical energy in certain group of points of delivery or to sell capacity and establishing the amounts of electrical energy planned by the participant to purchase (sale) at each o'clock of days or amounts of capacity for the corresponding period of delivery of capacity with indication of the offered prices or parameters for determination of the offered prices for each of the planned amounts of electrical energy or capacity;

"the tsenoprinimayushchy request" - the price request of the participant of the wholesale market without specifying of the price of electrical energy or capacity reflecting intention of this participant to purchase or sell the amount of electrical energy specified in the request or to sell the capacity amount specified in the request at the price which developed as a result of competitive selection;

"tsenozavisimy decrease in purchasing amount of electrical energy" - decrease in purchasing amount of electrical energy by the buyer with tsenozavisimy consumption when carrying out competitive selection of price requests for the days ahead at the size declared by such buyer according to these rules;

"tsenozavisimy decrease in consumption of capacity" - the decrease in consumption of capacity by the buyer with tsenozavisimy consumption determined based on sizes in which such buyer assumes obligation to provide readiness for implementation of tsenozavisimy decrease in purchasing amount of electrical energy, taking into account accomplishment by such buyer of the requirements to readiness for tsenozavisimy decrease in purchasing amount of electrical energy established by these rules.

3. For the purposes of these rules the settlement period is understood as calendar month.

In case of determination of terms of making of the actions provided by these rules and the Treaty of Accession to trade system of the wholesale market in the territories of the subjects of the Russian Federation united in price zones of the wholesale market, single time - Moscow is applied.

For the purposes of these rules separate parts of price zones of the wholesale market for which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets, are the territories according to the list according to appendix No. 3.

For the purposes of these rules the separate parts of price zones of the wholesale market which were earlier relating to technology isolated territorial electric utility systems for which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets are the territories according to the list according to appendix No. 4.

For the purposes of these rules date of inclusion of technology isolated territorial electric utility systems in structure of the territories which are united in price zones of the wholesale market or in structure of the territories which are united in not price zones of the wholesale market, is established by the decision of the Government of the Russian Federation.

For the purposes of these rules date of inclusion of the territories which are earlier technology not connected with UES of Russia and technology isolated territorial electric utility systems in structure of the territories which are united in price zones of the wholesale market or in structure of the territories which are united in not price zones of the wholesale market, is the 1st, following after month in which there came the earliest signature date of the act of technology accession to networks of UES of Russia of any of the objects of electric grid economy located in such territory if other is not established by the Government of the Russian Federation.

For the purposes of these rules actions for upgrade of the generating object of thermal power plant are understood as actions which can be provided by the project of upgrade of the generating objects of thermal power plants, from among the actions specified in Item 266 of these rules.

For the purposes of these rules to separate types of the antiemergency automatic equipment operating on shutdown of loading in case of which realization of corrective actions on power receiving devices of buyers of electrical energy reduction in cost of the capacity acquired by such buyers, according to the procedure is performed, established by these rules, the devices of special automatic shutdown of loading which are part of antiemergency automatic equipment of prevention of violation of stability belong (further - devices of special automatic shutdown of loading).

4. In the wholesale market trade in electrical energy and capacity is performed with use of the following methods:

1) trade in electrical energy and capacity at regulated prices (rates) based on purchase and sale agreements (delivery) of electrical energy and (or) capacity (further - regulated agreements). Sale and payment of electrical energy and capacity can be performed under the single regulated agreement providing purchase and sale of electrical energy and capacity or under separate regulated agreements;

2) trade in electrical energy and (or) capacity at the free (non-regulated) prices based on purchase and sale agreements of electrical energy and (or) capacity (further - free agreements);

3) trade in electrical energy at the free (non-regulated) prices determined by the competitive selection of price requests of buyers and suppliers performed one day before the beginning of delivery (further - competitive selection of price requests for the days ahead);

4) trade in capacity at the free (non-regulated) prices by results of competitive selection of capacity;

5) trade in electrical energy at the free (non-regulated) prices determined by the competitive selection of requests of suppliers and participants with regulated consumption performed not later than hour before delivery of electrical energy for the purpose of forming of the balanced mode of production and consumption of electrical energy (further - competitive selection of requests for balancing of system);

6) trade in electrical energy in the amounts corresponding to variations at the free (non-regulated) prices determined by agreement of the parties in purchase and sale agreements (further - free purchase and sale agreements of variations);

7) trade in capacity according to the purchase and sale agreements (delivery) of capacity signed by suppliers concerning capacity of the generating objects defined according to these rules and the Treaty of Accession to trade system of the wholesale market in case the amount of the capacity which is selected by results of competitive selection of capacity in any zone of free overflow (group of zones of free overflow) does not provide satisfaction of demand for capacity (further - purchase and sale agreements (deliveries) of capacity following the results of additional selection of investment projects);

8) trade in capacity based on the agreements signed according to the Treaty of Accession to trade system of the wholesale market at the prices determined by results of tenders for investment projects by forming of perspective technology reserve of capacities on production of electrical energy according to the parameters declared in the investment project selected following the results of tender;

9) trade in electrical energy and capacity at the prices determined proceeding from regulated prices (rates) for electrical energy and capacity established for suppliers in not price zones of the wholesale market;

10) trade in capacity according to purchase and sale agreements and agreements (delivery) of capacity:

providing the conditions concerning terms of the beginning of sale of capacity of each of the generating objects specified in such agreements, establishing technical characteristics (parameters) of the generating equipment and the prisoner between buyers, the organizations of commercial and technology infrastructure of the wholesale market and the generation companies of the wholesale market created based on decisions of the Government of the Russian Federation by reorganization of affiliated and dependent joint-stock companies of the Russian open joint stock company of power and electrification "Power pool system of Russia" (except for the wholesale generating company which is created as a result of reorganization of affiliated and dependent joint-stock companies of the Russian open joint stock company of power and electrification "Power pool system of Russia" and to which authorized capital the generating objects of hydroelectric power stations are transferred) (further - agreements on capacity provision). Agreements on provision of capacity are signed concerning the generating objects which list is determined by the Government of the Russian Federation and which availability as a part of UES of Russia proceeding from their location, technical and other characteristics is necessary for the purpose of reliable and regular supply of consumers electrical energy;

the prisoner concerning the following generating objects of nuclear power plants and hydroelectric power stations (further - purchase and sale agreements (deliveries) of capacity of new objects of nuclear power plants and hydroelectric power stations):

the objects which are under construction according to the Program of activities of the State Atomic Energy Corporation "Rosatom" for the long-term period (2009 - 2015) approved by the Order of the Government of the Russian Federation of September 20, 2008 No. 705, and the program of construction of hydroelectric power stations (including pumped storage power plants), the implementable wholesale generating company created based on decisions of the Government of the Russian Federation by reorganization of affiliated and dependent joint-stock companies of the Russian open joint stock company of power and electrification "Power pool system of Russia" to which authorized capital the generating objects of hydroelectric power stations, and the placements of power generation facilities included in the General scheme are transferred. At the same time concerning objects of nuclear power plants which beginning of delivery of capacity is supposed no later than January 1, 2017 and objects of hydroelectric power stations the specified agreements shall be signed till January 1, 2011;

the objects of new nuclear power plants and hydroelectric power stations (including pumped storage power plants) determined by results of the selection of investment projects made in accordance with the established procedure more than in 5 years prior to the planned commissioning of such objects;

11) trade in capacity according to purchase and sale agreements (delivery) of the capacity made with use of the generating objects during the period for which capacity of such objects was not selected by results of competitive selection of capacity in case of need of maintenance of these objects in operating state for ensuring the parameters of work of UES of Russia, life support systems, the water use modes established by technical regulations and other mandatory requirements (further - the generating objects which capacity is delivered in the forced mode);

12) trade in electrical energy and (or) capacity at the free (non-regulated) prices for the purpose of ensuring joint operation of UES of Russia and power systems of foreign states according to the procedure, established by these rules;

13) trade in electrical energy and capacity at the free (non-regulated) prices for the purpose of compensation of losses in power networks (further - losses) according to the procedure, established by these rules;

14) trade in the capacity made by the qualified generating objects functioning on the basis of use of renewable energy resources, based on the purchase and sale agreements (delivery) of capacity signed according to Items 214 and 263 of these rules, according to the procedure, established by the Treaty of Accession to trade system of the wholesale market (further - agreements on provision of capacity of the qualified generating objects functioning on the basis of use of renewable energy resources).

15) trade in capacity according to the purchase and sale agreements (delivery) of capacity of the modernized generating objects concluded according to these rules according to the procedure, established by the Treaty of Accession to trade system of the wholesale market, concerning the generating objects included in the list of the generating objects which capacity is delivered according to purchase and sale agreements (delivery) of capacity of the modernized generating objects approved by the Government of the Russian Federation based on results of selection of projects of upgrade of the generating objects of thermal power plants.

5. Suppliers of electrical energy and (or) capacity and buyers of electrical energy and capacity participate in the relations of purchase and sale of electrical energy and (or) capacity in the wholesale market after receipt in accordance with the established procedure of the status of the subject of the wholesale market, the participant of the address of electrical energy and (or) capacity in the wholesale market. At the same time suppliers and buyers sign agreements, obligatory for participants of the wholesale market, and make other actions for implementation of delivery (purchase) of electrical energy and (or) capacity in the wholesale market according to these rules and the Treaty of Accession to trade system of the wholesale market.

6. The system operator for the purpose of minimization of cost of electrical energy performs the choice of structure of the switched-on generating equipment and the generating equipment being in reserve (further - structure of the equipment), no later than 24 hours prior to the beginning of the period for which the choice of structure of the equipment is performed, began the moment and duration (no more than 10 days) of which are determined by the system operator and are led up according to the Treaty of Accession to trade system of the wholesale market to data of participants of the wholesale market.

For implementation of the specified choice participants of the wholesale market - suppliers of electrical energy provide the following information:

parameters of the generating equipment;

the size of expenses on implementation of start-up and switching off of the generating equipment;

the maximum prices specified in price requests for sale of electrical energy, the price applications submitted for participation in competitive selection for the days ahead and in competitive selection of requests for balancing of system at each o'clock of the specified period - for the participants of the market functioning in price zones of the wholesale market.

Information provided by the paragraph third this Item is provided to the system operator, and information provided by paragraphs the fourth and fifth this Item, - to the organization of commercial infrastructure which transfers her to the system operator. Terms of provision and transfer of the specified information are determined by the Treaty of Accession to trade system of the wholesale market.

Prior to competitive selection of price requests for the days ahead participants of the wholesale market can change the parameters of the generating equipment declared by them for the purposes of the choice of structure of the equipment for the corresponding period. The system operator staticizes structure of the equipment taking into account the changed parameters, at the same time the changed parameters are considered according to the Treaty of Accession to trade system of the wholesale market in case of establishment of accomplishment by participants of the wholesale market of the requirements determined by subitems 3, of the 4 and 6 Item 50 of these rules.

7. No later than 24 hours prior to the beginning of days during which delivery of electrical energy is performed buyers of electrical energy tell the system operator the maximum hourly amounts of consumption of electrical energy, and buyers with tsenozavisimy consumption also notify the system operator on readiness for tsenozavisimy decrease in purchasing amount of electrical energy.

Proceeding from information provided by participants of the wholesale market according to this Item, from the hourly amounts of consumption of electrical energy and the chosen structure of the equipment predicted by the system operator, the system operator sets restrictions for planned hourly production of electrical energy (the maximum and minimum hourly values of capacity of the generating equipment) providing execution of the forecast of work of power supply system created by it taking into account system restrictions, losses of electrical energy in power networks, requirements for maintenance of reserves of capacity (including on their territorial arrangement in UES of Russia), need of ensuring proper quality and minimization of cost of electrical energy.

The specified restrictions are considered when carrying out competitive selection of price requests for the days ahead according to these rules and the Treaty of Accession to trade system of the wholesale market.

The amounts of electrical energy specified by buyers in the price applications submitted for participation in competitive selection for the days ahead and (or) competitive selection for balancing of system shall not exceed the maximum hourly amounts of consumption of electrical energy declared by these buyers and shall be determined taking into account the restrictions for planned hourly production of electrical energy set by the system operator according to the procedure, provided by the Treaty of Accession to trade system of the wholesale market.

Participants of the wholesale market - buyers of electrical energy tell the system operator to the 20th day of every month information on the actual amounts of consumption of electrical energy of the consumers serviced by them for the last month according to the procedure and the amounts provided by the Treaty of Accession to trade system of the wholesale market.

The prices specified by participants of the wholesale market in price requests for sale of electrical energy of the price applications submitted for participation in competitive selection for the days ahead and competitive selection of requests for balancing of system, shall not exceed the maximum prices declared by them according to Item 6 of these rules.

8. Prior to the beginning of days during which delivery of the electrical energy acquired in the wholesale market is performed the organization of commercial infrastructure makes in price zones of the wholesale market competitive selection of price requests for the days ahead. By results of competitive selection of price requests for the days ahead at each o'clock of the next days in price zones of the wholesale market are determined:

amounts of planned hourly production and consumption of electrical energy for each group of points of delivery of participants of the wholesale market (further - planned hourly production (consumption)) who are reported by the organization of commercial infrastructure by the participant of the wholesale market and the system operator no later than the day preceding day of delivery of electrical energy;

the prices for the amounts of electrical energy included in planned hourly production (consumption), counterbalancing the demand and supply of electrical energy (further - equilibrium prices on electrical energy).

9. For participation in trade in electrical energy by results of competitive selection of price requests for the days ahead and ensuring obligation fulfillment under the agreements signed in the wholesale market providing purchase and sale of electrical energy in the wholesale market, the participants of the wholesale market functioning in price zones of the wholesale market submit to the organization of commercial infrastructure the price purchasing requests (sale) of electrical energy which are drawn up according to these rules and the Treaty of Accession to trade system of the wholesale market in each group of points of delivery at each o'clock of the next days.

The system operator based on results of competitive selection of price requests for the days ahead and the hourly amounts of consumption of electrical energy predicted by it plans the electrical power modes and operating modes of the generating and energy-requiring objects for each hour of days during which delivery of electrical energy is performed.

10. For the purpose of forming of the balanced mode of production and consumption of electrical energy and management of working hours of power generation facilities not later than hour before delivery of electrical energy the system operator after determination of planned hourly production (consumption) performs in price zones competitive selection of requests for balancing of system.

Based on results of competitive selection of requests for balancing of system in normal operating conditions of UES of Russia the system operator manages technology working hours of power generation facilities within a day when delivery of electrical energy is performed. In case of threat of emergency the system operator has the right to limit in accordance with the established procedure consumption of electrical energy and capacity. At the same time calculation of cost of electrical energy is carried out on the basis of results of competitive selection of requests for balancing of system.

11. The participants of the wholesale market functioning in not price zones of the wholesale market participate according to these rules in trade in electrical energy in price zones of the wholesale market by results of competitive selection of price requests for the days ahead and competitive selection of requests for balancing of system in the amount corresponding to overflow of electrical energy on border with price zone (price zones) of the wholesale market based on the Treaty of Accession to trade system of the wholesale market.

12. During action in price zone (price zones) of the wholesale market of the second stage of the state regulation in power industry entered according to the procedure No. provided by the Order of the Government of the Russian Federation of November 14, 2009 929, the cost of electrical energy is determined taking into account regulated prices (rates) for electrical energy established concerning suppliers and intended for application during action of the second stage of state regulation in power industry, according to these rules and the Treaty of Accession to trade system of the wholesale market.

13. Restrictions of the mode of consumption of electrical energy in the wholesale market are introduced on the bases and according to the procedure which are provided by Rules of complete and (or) partial restriction of the mode of consumption of electrical energy. At the same time in case of introduction of the mode of restriction of consumption of electrical energy in the wholesale market first of all the overflow of electrical energy in power supply systems of foreign states is limited.

14. The agreements signed by participants of the wholesale market according to these rules and the Treaty of Accession to trade system of the wholesale market are considered by the organization of commercial infrastructure in case of the determination of obligations (requirements) of these participants according to the procedure established by these rules and the Treaty of Accession to trade system of the wholesale market.

If previously calculated amounts of obligations (requirements) of the participant of the wholesale market for payment of electrical energy and (or) capacity following the results of settlement period under the signed agreement, including the size determined by each group of points of delivery correspond to zero size, then amounts of obligations (requirements) of the participant of the wholesale market for payment of the corresponding amounts of electrical energy and (or) capacity in case of creation of final settlement following the results of settlement period make 1 ruble.

The cost and amount of electrical energy and (or) the capacity purchased (sold) by the participant of the wholesale market for settlement period are determined taking into account obligations (requirements) of this participant by all to the agreements signed by it in the wholesale market based on which purchase and sale of electrical energy and (or) capacity is performed.

In case of determination of obligations (requirements) of participants of the wholesale market for the agreements signed in the wholesale market additional obligations (requirements) which arose at the participant of the wholesale market in the current settlement period as a result of violation of procedure of payments of the amounts and cost of electrical energy and (or) capacity purchased (sold) in previous periods according to the Treaty of Accession to trade system of the wholesale market are considered.

15. For the purpose of determination of limit of the non-regulated prices of electrical energy (capacity) sold in the retail markets in the territories united in price zones of the wholesale market at the non-regulated prices, the organization of commercial infrastructure for settlement period calculates for certain participants of the wholesale market according to basic provisions of functioning of the retail markets the components of limits of the non-regulated prices differentiated on price categories. Results of calculation, the maximum hour of the actual peak load for every working day of settlement period for the subject of the Russian Federation, and also the amounts of electrical energy and (or) capacity acquired by the corresponding participants of the wholesale market at regulated prices (rates) and the free (non-regulated) prices, and forecast values of the making limits of the non-regulated prices specified in Item 183 of these rules for the next settlement period are published on the official site of the organization of commercial infrastructure in the Internet.

16. For the purpose of decrease in financial risks the possibility of the conclusion of contracts for future deliveries of electrical energy and capacity and on purchase or sale of the fixed amount of electrical energy and capacity for delivery to the stipulated date in the future at the price (forward and futures contracts) approved by the parties is provided to participants of the wholesale market according to the Treaty of Accession to trade system of the wholesale market.

17. For the purpose of timely providing requirements of suppliers for payment of the electrical energy and (or) capacity delivered to buyers in the wholesale market the system of guarantees of obligation fulfillment shall be entered according to the Treaty of Accession to trade system of the wholesale market.

18. Requirements of economic justification of price requests for sale of electrical energy, and also price requests for sale of capacity are determined by federal antimonopoly authority in coordination with federal executive body in the field of social and economic policy, the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of fuel and energy complex and federal executive body in the field of regulation of rates.

In the wholesale market action of system of establishment of cases of manipulation with the prices of electrical energy and (or) capacity, including with use of technique of determination of compliance of price requests for sale of electrical energy to the requirement of the economic justification approved by federal antimonopoly authority shall be provided.

For the purpose of ensuring forming of competitive prices of electrical energy and capacity in price zones of the wholesale market simultaneous accounting of the same expenses on production of electrical energy or the capacity when pricing specified by participants in the different price applications submitted for participation in competitive selections is not allowed.

Control of establishment of cases of manipulation the prices of electrical energy and (or) capacity in the wholesale market is performed by federal antimonopoly authority.

For the purpose of identification of actions which have or non-admission, restriction, elimination of the competition and (or) infringement of interests of subjects of power industry and consumers of electrical energy, including manipulation with the prices of capacity in the wholesale market can have control of the amount of monthly payment for power unit the result, it is performed according to the antitrust law of the Russian Federation.

19. Payment by participants of the wholesale market of electrical energy is performed in the following procedure if other is not provided by agreements based on which is on sale the electrical energy in the wholesale market, and (or) the Treaty of Accession to trade system of the wholesale market (is acquired) (including concerning payment procedure of the electrical energy delivered under regulated agreements and also payment procedure of the electrical energy performed in 2011 and annually in January and February):

no later than the 14th of settlement period the electrical energy acquired by results of competitive selection of price requests for the days ahead with 1st on the 9th of settlement period, and in time no later than the 28th of settlement period - the electrical energy acquired by results of competitive selection of price requests for the days ahead with 10th on 23rd of settlement period is paid;

no later than the 14th and 28th of settlement period purchase and sale of electrical energy in not price zones of the wholesale market concerning the planned amounts of consumption of electrical energy determined according to these rules and the Treaty of Accession to trade system of the wholesale market is paid with equal shares;

no later than the 21st following settlement period the electrical energy which is actually acquired in settlement period under the agreements providing purchase and sale of electrical energy is paid.

20. Capacity payment by participants of the wholesale market is performed in the following procedure if other is not provided by agreements based on which is on sale capacity in the wholesale market, and (or) the Treaty of Accession to trade system of the wholesale market (is acquired) (including concerning payment procedure of the capacity delivered under regulated agreements and also payment procedure of the capacity performed in 2011 and annually in January and February):

to 30 percent of cost of the planned purchasing amount of capacity in settlement period determined according to the Treaty of Accession to trade system of the wholesale market it is paid with equal shares no later than the 14th and 28th of settlement period;

payment of the capacity which is actually acquired in settlement period is performed no later than the 21st following settlement period.

21. According to the obligations which arose concerning the amounts of electrical energy and capacity acquired by participants of the wholesale market under regulated agreements, payment is performed according to the Treaty of Accession to trade system of the wholesale market.

 

II. Procedure for receipt of the status of the subject of the wholesale market, the participant of the address of electrical energy and (or) capacity in the wholesale market and the conclusions of obligatory agreements subjects of the wholesale market

22. The organization joins in the register of subjects of the wholesale market according to the solution of the supervisory board of Market Council.

23. For receipt of the status of the subject of the wholesale market, the participant of the address of electrical energy and (or) capacity in the wholesale market, the following requirements are imposed:

1) compliance to the following quantity characteristics applied in groups of points of delivery with which use the organization plans participation in trade in the wholesale market:

the supplier of electrical energy owns on the property right or on other legal cause the generating equipment which established generating capacity in each expected group of points of delivery makes at least 5 MW;

the consumer of electrical energy owns on the property right or on other legal cause the power accepting equipment which total attached capacity is equal or exceeds 20 MV · And yes in each group of points of delivery constitutes at least 750 kV · And;

the power sales organization or the power supplying organization intends to acquire electrical energy and capacity in the wholesale market for the purpose of the subsequent realization based on the agreements of power supply (purchase and sale (delivery) of electrical energy and capacity) signed in the retail markets with consumers whose total attached capacity of the power accepting equipment makes in the corresponding groups of points of delivery at least 20 MV · And provided that it is equal in each group of points of delivery or exceeds 750 kV · And.

The specified quantity characteristics are not applied to the guaranteeing suppliers of electrical energy.

Concerning the organizations performing export-import transactions, the specified quantity characteristics are applied to maximum of hourly values of amounts of electrical energy which such organizations intend to deliver (to acquire) in the wholesale market in the corresponding groups of points of delivery for the purpose of implementation of export-import transactions according to the agreements signed by these organizations;

The territorial network organization for the purpose of implementation of functions of the guaranteeing supplier according to Basic provisions of functioning of the retail markets of electrical energy shall correspond to the following quantity characteristics applied concerning the objects of electric grid economy located in the territory of 1 subject of the Russian Federation:

the annual average declared capacity of consumers of this network organization according to the composite balance estimation of production and deliveries of electrical energy (capacity) within Power pool system of Russia on subjects of the Russian Federation makes at least 25 percent from the cumulative annual average declared capacity of all consumers in the territory of appropriate subject of the Russian Federation considered when forming the composite balance estimation of production and deliveries of electrical energy (capacity) within Power pool system of Russia on subjects of the Russian Federation and makes the largest size in comparison with annual average total values of the declared capacity of consumers of the other network organizations in the territory of appropriate subject of the Russian Federation, considered when forming the composite balance estimation of production and deliveries of electrical energy (capacity) within Power pool system of Russia on subjects of the Russian Federation;

2) holding the following events of technical nature:

equipment of each point (group of points) of delivery with which use the organization is going to participate in trade in the wholesale market, the measuring instruments (including belonging on the property right or on other legal cause to the third parties) providing collection, processing and transfer of commercial infrastructure of data of commercial accounting to the organization and the corresponding defined these rules and the Treaty of Accession to trade system of the wholesale market to requirements;

the equipment the communication system providing transfer of the data to the system operator necessary for implementation of centralized supervisory control within UES of Russia and corresponding to the technical parameters provided by the Treaty of Accession to trade system of the wholesale market with adherence to deadlines of enforcement of these requirements;

3) approval of the system operator and the organization of commercial infrastructure of group of points of delivery with which use the organization is going to participate in trade in electrical energy and (or) capacity in the wholesale market.

Requirements about holding actions of technical nature and about approval of the system operator and organization of commercial infrastructure of groups of points of delivery are not applied to receipt of the status of the subject of the wholesale market by the territorial network organizations to which according to Basic provisions of functioning of the retail markets of electrical energy the status of the guaranteeing supplier can be given.

Observance of the quantity characteristics established by this Item and holding actions can be confirmed by the agreements containing conditions suspensive of their introduction in force, but no later than the beginning of delivery (purchase) of electrical energy and (or) capacity by the organization in the corresponding group of points of delivery in the wholesale market.

Requirements about holding actions of technical nature regarding equipment of each point (group of points) of delivery with which use the organization is going to participate in the trade in the wholesale market located in the territories of separate parts of the price (not price) zones of the wholesale market which were earlier technology isolated territorial electric utility systems or relating to the territories which are technology not connected with UES of Russia and technology isolated territorial electric utility systems, measuring instruments (including belonging on the property right or on other legal cause to the third parties) providing collection, processing and transfer of commercial infrastructure of data of commercial accounting to the organization and the corresponding established these rules and the Treaty of Accession to trade system of the wholesale market to requirements shall be executed by subjects of the wholesale market, functioning in the specified territories, within 6 months from the date of the beginning of purchase (delivery) of electrical energy and capacity in the corresponding group of points of delivery, but no later than the expiration of 12 months from the date of inclusion of the respective areas and (or) the territories in structure of the territories which are united in price (not price) zones of the wholesale market.

Requirements about holding actions of technical nature regarding reduction of the communication system providing data exchange with the system operator in compliance with the requirements defined by these rules and the Treaty of Accession to trade system of the wholesale market shall be executed by the subjects of the wholesale market functioning in the territories of separate parts of the price (not price) zones of the wholesale market which were earlier technology isolated territorial electric utility systems or relating to the territories which are technology not connected with UES of Russia and technology isolated territorial electric utility systems within 6 months from the date of the beginning of purchase (delivery) of electrical energy and capacity in the corresponding group of points of delivery, but no later than the expiration of 12 months from the date of inclusion of the respective areas and (or) the territory in structure of the territories which are united in price (not price) zones of the wholesale market.

24. Groups of points of delivery of the power sales (power supplying) organization servicing in the retail market of the consumer (consumers) of electrical energy and (or) capacity and (or) the network organization (the network organizations), except as specified, established by the paragraph the eighth this Item shall be located on border of balance sheet accessory of consumers (the network organizations) for the benefit of which the power sales (power supplying) organization performs purchase and sale of electrical energy and capacity in the wholesale market, and subjects of power industry and (or) other consumers for the benefit of which purchase and sale of electrical energy and (or) capacity in the wholesale market is performed by this power sales (power supplying) organization or other participant of the wholesale market.

In case of consolidation in one group of points of delivery of the power sales organization servicing in the retail market of the consumer (consumers) of electrical energy and (or) the network organization (the network organizations), the power accepting equipment of several consumers, group of the points of delivery of the power sales (power supplying) organization, except as specified, established by the paragraph the eighth this Item shall be located on border of balance sheet accessory between consumers (the network organizations) for the benefit of whom the power sales organization performs purchase and sale of electrical energy and capacity in the wholesale market, and subjects of power industry (consumers, the network organizations concerning which purchase and sale in the wholesale market of electrical energy (capacity) is performed by other subject of the wholesale market).

Groups of points of delivery for the guaranteeing suppliers are determined proceeding from borders of zone (zones) of their activities. If the zone (zones) of activities of the guaranteeing supplier is located in the territory more than one subject of the Russian Federation or belongs more than to one energorayon, then in the territory of each of subjects of the Russian Federation in which its zone (zones) of activities is located, or in each energorayon to which this zone (zones) belongs, the separate group (groups) of points of delivery is registered. The specified requirement is not applied to groups of points of delivery of the guaranteeing suppliers registered in the wholesale market before entry into force of these rules.

Groups of points of delivery of consumers of electrical energy and capacity shall be located on border of balance sheet accessory of their power networks.

Groups of points of delivery of the participant of the wholesale market performing purchase of electrical energy (capacity) for the purposes of delivery to single business entity on rail transport at the initiative of the specified participant of the wholesale market and (or) single business entity on rail transport in borders of one subject of the Russian Federation are located on the objects of electric grid economy belonging to the specified business entity in places of connection of feeders and (or) power lines to tires of distributing devices of substations taking into account the requirements provided by the paragraph the eighth this Item.

Groups of points of delivery of suppliers of electrical energy and capacity shall be located on border of balance sheet accessory of their power networks and in places of direct connection of the generating equipment presented by them at the wholesale market with power network.

Groups of points of delivery of the organizations performing export-import transactions and (or) delivery of electrical energy and (or) capacity between price zone (price zones) of the wholesale market and not price (not price) zones of the wholesale market through power systems of foreign states are located on the power lines crossing frontier of the Russian Federation on border of UES of Russia and foreign power supply systems taking into account the requirements provided by the paragraph the eighth this Item, except as specified, established by the paragraph the ninth this Item.

Groups of points of delivery concerning the power accepting equipment which is not electroinstallations of own needs of power plants, the supplier of electrical energy and capacity who is in borders of balance sheet accessory are located in places of connection of this power accepting equipment to objects of electric grid economy. Availability in one group of points of delivery of the supplier of the power accepting equipment which is not electroinstallations of own needs of power plants, and the power accepting equipment which is electroinstallations of own needs of power plants is not allowed.

Groups of points of delivery of suppliers of electrical energy and the capacity owning on the property right or other legal cause the generating equipment of the generating objects functioning on the basis of use of the renewable energy resources relating to the types of the generating objects specified in subitems 1 and 2 of Item 195 of these rules shall be located on border of balance sheet accessory of their power networks if other is not provided by the paragraph the eighth this Item, and also in places of direct connection presented by them at the wholesale market of the generating equipment with power network or in places of direct connection of the equipment transforming the frequency of electrical energy with power network.

Each group of points of delivery, the power accepting equipment, the generating object, object of electric grid economy, other object connected with production process, transfers, consumption of electrical energy and capacity can be assigned in the wholesale market only to one subject of the wholesale market.

Approval and registration of new groups of points of delivery behind the organizations which received the status of the subject of the wholesale market and performing purchase and sale of electrical energy and (or) capacity are made according to the Treaty of Accession to trade system of the wholesale market taking into account the requirements provided by these rules.

25. The organizations which provided the organizations of commercial infrastructure the documents confirming fulfillment of requirements, the these rules established by Items 23 and 24 (except for the documents containing the data which are the state secret), become subjects of the wholesale market from the date of their inclusion in the register of subjects of the wholesale market on condition of the conclusion of the Treaty of Accession to trade system of the wholesale market.

The organizations which voluntarily assumed liability on registration of group of points of delivery in which requirements, stipulated in Item 23 these rules concerning the generating equipment, at some point in the future and on this basis approved the corresponding group of points of delivery with the system operator and the organization of commercial infrastructure are fulfilled (further - conditional group of points of delivery) become subjects of the wholesale market from the date of their inclusion in the register of subjects of the wholesale market on condition of the conclusion of the Treaty of Accession to trade system of the wholesale market.

The organization of commercial infrastructure within 10 days notifies federal executive body in the field of regulation of rates on inclusion of the specified organizations in the register of subjects of the wholesale market.

Approved with the system operator and the organization of commercial infrastructure in case of receipt of the status of the subject of the wholesale market of group of points of delivery, including conditional, are registered behind the subject of the wholesale market along with its inclusion in the register of subjects of the wholesale market according to these rules and the Treaty of Accession to trade system of the wholesale market.

26. For implementation of delivery (purchase) of electrical energy and capacity in the wholesale market the subject of the wholesale market signs the electrical power transmission agreement (if the supplier (buyer) of electrical energy and capacity in accordance with the legislation of the Russian Federation shall pay such services) and the agreement of rendering services in supervisory control in power industry (if it concerns group of people, the services in supervisory control which are subject to obligatory servicing when rendering in power industry) with use of the registered groups of points of delivery, and also other agreements provided by the subitem 3 of Item 40 and Item 41 of these rules and notifies the organization of commercial infrastructure on the conclusion of the specified agreements according to the Treaty of Accession to trade system of the wholesale market. At the same time the electrical power transmission agreement can be signed independently by person owning on the property right or on other legal cause by the generating or power accepting equipment concerning which the appropriate subject of the wholesale market registers group of points of delivery.

The agreement of rendering services in supervisory control in power industry may contain the conditions suspensive providing that the rights and obligations under such agreement arise from the date of the beginning of delivery (purchase) of electrical energy and capacity by the subject of the wholesale market in the corresponding group of points of delivery in the wholesale market.

If behind the subject of the wholesale market the group of points of delivery concerning the generating or power accepting equipment belonging to other person on the property right or on other legal cause is registered, such subject participates in trade in electrical energy and capacity in the wholesale market with use of the groups of points of delivery registered behind it after the conclusion by the specified person of the agreement of rendering services in supervisory control in power industry (if such person treats the group of people, the services in supervisory control which are subject to obligatory servicing by the system operator when rendering in power industry).

With use of conditional groups of points of delivery subjects of the wholesale market participate only in trade in capacity. For participation in trade in electrical energy and capacity subjects of the wholesale market shall register group of points of delivery concerning the generating equipment which was carried to conditional group of points of delivery, to sign agreements, obligatory for participants of the wholesale market, and to make other actions for implementation of delivery (purchase) of electrical energy and capacity in the wholesale market according to these rules and the Treaty of Accession to trade system of the wholesale market.

Making by the subject of the wholesale market who received the offer about the conclusion necessary for delivery (purchase) of electrical energy and (or) capacity in the wholesale market of the contract or agreement, the actual actions for accomplishment of the conditions determined in it in time, established for its acceptance, is considered its acceptance.

27. Purchase and sale of electrical energy and (or) capacity in the wholesale market at regulated prices (rates) established by federal executive body in the field of regulation of rates and also according to the decisions on determination made by the specified body when forming the composite balance estimation of production and deliveries of electrical energy and (or) capacity within UES of Russia on subjects of the Russian Federation (further - the balance estimation) forecast sales amounts (purchase) of electrical energy and (or) capacity at regulated prices (rates) in the groups of points of delivery registered according to these rules is performed by the following subjects of the wholesale market:

the guaranteeing suppliers, the power sales and power supplying organizations, to number of buyers of electrical energy and which capacities belong the population and (or) equated to it to the category of consumers;

the buyers of electrical energy and capacity determined by these rules and functioning in the territories of price zones of the wholesale market according to appendix No. 3;

subjects of the wholesale market which groups of points of delivery are located in not price zones of the wholesale market;

electric power producers and the capacities determined by federal executive body in the field of regulation of rates according to the criteria determined by Item 62 of these rules, and obliged to sign in the procedure established by these rules purchase and sale agreements (deliveries) of electrical energy and (or) capacity with the guaranteeing suppliers, the power sales and power supplying organizations to number of buyers of electrical energy and which capacities belong the population and (or) equated to it to the category of consumers, and also with the subjects of the wholesale market determined by the Government of the Russian Federation - the buyers of electrical energy and capacity functioning in separate parts of price zones of the wholesale market for which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets.

Till September 30, 2012 the subjects of the wholesale market which are not specified in paragraph five of this Item can perform purchase (delivery) of electrical energy and (or) capacity in the wholesale market not earlier than the date of entry into force of the delivery points accepted concerning them on the corresponding groups (including conditional) solutions of federal executive body in the field of regulation of rates by determination of forecast production volumes (consumption) of electrical energy and capacity on condition of fulfillment of requirements of Items 23 - 26 these rules.

Subjects of the wholesale market are the buyers of electrical energy and capacity on the corresponding groups of points of delivery who are not specified in paragraphs the second - the fourth this Item, and also the organizations performing export-import transactions can perform purchase of electrical energy and (or) capacity in the wholesale market from the 1st day of the first month of the next quarter following quarter no later than which 1st day of the last month they fulfilled requirements of Items 23 - 26 these rules and are provided to the organization of commercial infrastructure according to the procedure, defined by the Treaty of Accession to trade system of the wholesale market, the following data:

the actual amounts of consumption of electrical energy and capacity with monthly breakdown for the period time, equal 1 year;

forecast amounts of consumption of electrical energy and capacity with monthly breakdown for the remained quarters of the current year and the next calendar year.

Since July 1, 2012 the organization of commercial infrastructure not later than 20 calendar days to the 1st day of the first month of the next quarter notifies federal executive body in the field of state regulation of rates on the name of subjects of the wholesale market and groups of the points of delivery meeting requirements of Items 23 - 26 these rules, with simultaneous provision of the information specified in this Item obtained from subjects of the wholesale market.

Subjects of the wholesale market are the suppliers of electrical energy and capacity functioning in price zones of the wholesale market, can perform delivery of electrical energy and (or) capacity in the wholesale market from the 1st day of every month on condition of accomplishment of requirements of Items 23 by them - 26 these rules.

28. The organizations which acquired, including according to the procedure of legal succession the property right or right of possession and (or) uses concerning power receiving devices (the generating equipment) and (or) the right of purchase of electrical energy and capacity concerning power receiving devices which was earlier belonging to the subject of the wholesale market concerning which groups of points of delivery in the wholesale market were registered receive the status of subjects of the wholesale market and perform purchase and sale of electrical energy and capacity according to the procedure, established by these rules and the Treaty of Accession to trade system of the wholesale market, with use:

the corresponding group of points of the delivery registered behind subject of the wholesale market which possessed the specified power receiving devices (the generating equipment) and (or) the right of purchase of electrical energy and capacity concerning power receiving devices earlier;

the system of commercial accounting which is available in these groups of points of delivery;

regulated prices (rates) for electrical energy and (or) capacity and balance sheet decisions made on subject of the wholesale market which possessed the specified power receiving devices (the generating equipment) and (or) the right of purchase of electrical energy and capacity concerning power receiving devices earlier.

The specified organizations provide to the organization of commercial infrastructure the documents confirming compliance of systems of commercial accounting to the requirements established by these rules and in case of their discrepancy to these requirements bring them into accord within 6 months with the date of receipt by such organizations of the status of the subject of the wholesale market and the beginning of purchase (delivery) of electrical energy and capacity in the corresponding groups of points of delivery.

The specified provisions are applied if the structure of the specified group of points of delivery remains invariable in date of transmission of the rights to power receiving devices (the generating equipment) and (or) the rights of purchase of electrical energy and capacity concerning power receiving devices.

29. The organization which is the subject of the wholesale market which is given the status of the guaranteeing supplier according to the procedure for change of the guaranteeing supplier established by Basic provisions of functioning of the retail markets begins with date of assignment of the status of the guaranteeing supplier to participate by it in trade in electrical energy and capacity in the wholesale market with use of groups of the points of delivery of the previous guaranteeing supplier corresponding to zone of its activities according to these rules and the Treaty of Accession to trade system of the wholesale market.

If the organization which is given the status of the guaranteeing supplier according to the procedure for change of the guaranteeing supplier established by Basic provisions of functioning of the retail markets is not subject of the wholesale market, it acquires the status of the subject of the wholesale market from the date of assignment of the status of the guaranteeing supplier by it and begins to participate in trade in electrical energy and capacity in the wholesale market with use of groups of the points of delivery of the previous guaranteeing supplier corresponding to zone of its activities according to these rules and the Treaty of Accession to trade system of the wholesale market.

The organization which is given the status of the guaranteeing supplier provides to the organization of commercial infrastructure the documents confirming compliance of the systems of commercial accounting which were earlier used by the previous guaranteeing supplier to the requirements established by these rules and in case of discrepancy to these requirements brings them into accord within 6 months from the date of assignment of the status of the guaranteeing supplier.

Before the termination of current period of regulation the organization which is given the status of the guaranteeing supplier participates in trade in the wholesale market using regulated prices (rates) and the balance sheet decisions made on the organization deprived of the status of the guaranteeing supplier.

30. The organization performing functions of the guaranteeing supplier before date of assignment according to basic provisions of functioning of the retail markets of the status of the guaranteeing supplier of other organization loses the right to use for determination of obligations in the wholesale market of group of points of delivery, corresponding to zone of activities of the guaranteeing supplier, from start date of participation of the new guaranteeing supplier in trade in electrical energy and capacity in the wholesale market in the corresponding groups of points of delivery.

31. Person owning on the property right or on other legal cause object (part of object) for production of electrical energy (capacity) (including power plant which is single complex of the capital and service equipment, the buildings and constructions which are technology interconnected by production process electric (electric and thermal) energies and put into operation in accordance with the established procedure) which is attached to UES of Russia and which established generating capacity is equal or exceeds 25 MW, shall implement all made on the specified object (parts specified object) electrical energy (capacity) only in the wholesale market, except as specified, established by these rules.

The specified person in accordance with the established procedure shall receive the status of the subject of the wholesale market, the participant of the address of electrical energy and (or) capacity in the wholesale market with use of groups of the points of delivery registered concerning such object (part of such object) or to receive concerning power plant in general confirmation about non-proliferation of the requirement of the Federal Law "About Power Industry" on realization of all made electrical energy and capacity only in the wholesale market in case of compliance to conditions, stipulated in Item 32, or Item 33, or Item 33 (1) these rules. When obtaining concerning such power plant in general of the specified confirmation person has the right not to sell the electrical energy (capacity) made at this power plant in the wholesale market.

Paragraph third ceased to be valid

Confirmation about non-proliferation of the requirement of the Federal Law "About Power Industry" on realization of all made electrical energy and capacity only in the wholesale market is issued by Market Council based on the decision according to the procedure, established by the supervisory board of Market Council, concerning the specified power plant in general on condition of its compliance to the conditions specified in Item 32, or Item 33, or Item 33 (1) these rules.

Confirmation about non-proliferation of the requirement of the Federal Law "About Power Industry" on realization of all made electrical energy and capacity only in the wholesale market is issued in the presence of the service provision agreement signed concerning the specified power plant on supervisory control in power industry regarding management of technology working hours of power generation facilities and power receiving devices of consumers of electrical energy and ensuring functioning of technology infrastructure wholesale and the retail markets or the agreement signed with the subject of supervisory control in power industry which establishes procedure of technology interaction for the purpose of ensuring reliability of functioning of UES of Russia if the subject concerning such power plant does not correspond to the criteria of reference of subjects of power industry established by the Government of the Russian Federation and the consumers of electrical energy to the group of people who are subject to obligatory servicing when rendering the specified service in supervisory control in power industry.

Provisions of Items 33 and 33 (1) these rules do not extend to persons owning on the property right or on other legal cause by hydroelectric power stations which installed capacity exceeds 85 MW. All electrical energy and capacity developed by the generating objects of such hydroelectric power stations is sold in the wholesale market.

32. Confirmation about non-proliferation of the requirement of the Federal Law "About Power Industry" on realization of all made electrical energy and capacity only in the wholesale market is issued to person concerning the power plant specified in paragraph one of Item 31 of these rules in general if the following conditions are at the same time complied:

the electrical energy is developed at the specified power plant with use as the main fuel of oil (passing) gas and (or) the products of its conversion, domain, coke, converter gases, oil mixes, coal tar, the departing heat of processing equipment which are by-products of the main industrial production of such subject;

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