ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 20, 2011 No. 583

About procedure for consideration of the disagreements arising between regulating authorities of the prices (rates) in the sphere of heat supply and the organizations performing regulated types of activity in the sphere of heat supply in connection with the choice of method of price regulation (rates)

According to the Federal Law "About Heat Supply" Government of the Russian Federation decides:

1. Approve the enclosed Rules of consideration of the disagreements arising between regulating authorities of the prices (rates) in the sphere of heat supply and the organizations performing regulated types of activity in the sphere of heat supply in connection with the choice of method of price regulation (rates).

2. Determine that the Rules approved by this resolution are subject to application from the date of entry into force of bases of pricing and regulations of the prices (rates) in the sphere of heat supply approved by the Government of the Russian Federation.

Approved by the Order of the Government of the Russian Federation of July 20, 2011 No. 583

Rules of consideration of the disagreements arising between regulating authorities of the prices (rates) in the sphere of heat supply and the organizations performing regulated types of activity in the sphere of heat supply in connection with the choice of method of price regulation (rates)

1. These rules according to article 9 of the Federal law "About Heat Supply" establish procedure and terms of consideration of the disagreements arising between authorized bodies of the executive authority of the subject of the Russian Federation in the field of state regulation of the prices (rates), local government bodies of settlements or city districts in case of investment with their appropriate authority with the law of the subject of the Russian Federation performing price regulation (rates) in the sphere of heat supply (further respectively - disagreements, regulating authorities), and the organizations performing regulated types of activity in the sphere of heat supply (the daleereguliruyemy organizations) in connection with the choice of method by regulating authority of price regulation (rates) in the sphere of heat supply which establishment is performed according to the specified Federal Law.

2. The basis for consideration of disagreements is the written application about disagreements submitted by the regulated organization on which the regulating authority made the decision on the choice of method of price regulation (rates) for settlement period of regulation (further respectively - the statement, the applicant) in Federal Antimonopoly Service not later than within 30 calendar days from acceptance date regulating authority of the decision on the choice of method of price regulation (rates) for the applicant for the next period of regulation.

3. The application submitted by the applicant after term, stipulated in Item 2 these rules is taken cognizance in case of violation of time for notification of the regulated organization by regulating authority about coordination or about refusal in coordination of the method of the regulation established by the regulations of the prices (rates) in the sphere of heat supply approved by the Government of the Russian Federation chosen by the regulated organization.

The reason of the omission of submission due date of the statement shall be specified by the applicant in the petition for recovery of the passed term enclosed to the application.

4. The application signed by the applicant (his plenipotentiary) and certified by seal, and also the proving documents and materials (the originals or copies certified by the signature of the responsible person and the applicant's seal) enclosed to the application are represented to Federal Antimonopoly Service on paper in 2 copies.

Along with submission of the statement to Federal Antimonopoly Service by the applicant the document which confirms the direction with the applicant of the copy of the application and the materials attached to it in regulating authority which decision is challenged in the statement is submitted.

Federal Antimonopoly Service approves the application form and the explanatory note attached to it, and also the list of the proving documents and materials enclosed to the application.

5. Are specified in the statement:

a) the name of the applicant, its location with indication of the postal index, number (numbers) of phone and the e-mail address;

b) the name of regulating authority which solution is challenged, and details of this decision;

c) requirements of the applicant;

d) reasons for the declared requirements;

e) the list of the proving documents and materials enclosed to the application.

6. The statement with the enclosed documents within 10 working days from receipt date is subject to consideration regarding compliance to the requirements established by these rules.

7. The statement in case of its discrepancy to the requirements established by these rules is not taken cognizance and is subject to return to the applicant within 10 working days from receipt date with indication of return reasons.

8. In acceptance to consideration of the application it can be refused case:

the omission the applicant of submission due date of the statement and absence in the materials of the petition for recovery of the passed term given to Federal Antimonopoly Service;

refusal in satisfaction of the petition for recovery of the passed term;

absence in the statement of the requirements which are subject of consideration of disagreements.

The notification on refusal in consideration of the application with indication of cause of failure goes to the applicant within 10 working days from receipt date of the statement to Federal Antimonopoly Service.

9. In case of adoption of the statement to consideration to the applicant the notification signed by the deputy manager of Federal Antimonopoly Service within 10 working days from receipt date of the statement goes to Federal Antimonopoly Service.

10. The decision by results of consideration of disagreements is made no later than 30 working days from acceptance date of the statement to consideration. By results of consideration of disagreements by Federal Antimonopoly Service the decision is made:

a) about satisfaction of the requirements specified in the statement;

b) about refusal in satisfaction of the requirements specified in the statement.

11. Consideration of disagreements can be suspended in case:

a) receipts of the petition of one of the parties for suspension of consideration of disagreements;

b) need of receipt of additional materials and information, and also attraction to consideration of disagreements of other persons;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info