ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 29, 2011 No. 1178

About pricing in the field of regulated prices (rates) in power industry

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

1. Approve enclosed:

Pricing bases in the field of regulated prices (rates) in power industry;

Rules of state regulation (review, application) the prices (rates) in power industry;

changes which are made to acts of the Government of the Russian Federation.

2. Determine that:

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 single (boiler) tariffs for services in transfer of electrical energy on each level of tension are established by executive bodies of subjects of the Russian Federation in the field of state regulation of rates for the period from January 1, 2012 to June 30, 2012 at the level which is not exceeding the level established for the specified prices (rates) for 2011 taking into account Item 9 of the order of the Government of the Russian Federation of December 27, 2010 No. 1172;

sales allowances of the guaranteeing suppliers in all territory of the Russian Federation are established by executive bodies of subjects of the Russian Federation in the field of state regulation of rates for the specified period at the level of sales allowances of the guaranteeing suppliers established for 2011 taking into account Item 9 of the order of the Government of the Russian Federation of December 27, 2010 No. 1172;

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 of electrical energy (capacity) delivered to the population and categories of consumers equated to it are established by executive bodies of subjects of the Russian Federation in the field of state regulation of rates since April 1, 2012 without differentiation on the ranges of number of hours of capacity utilization proceeding from indication prices of electrical energy (capacity) and the settlement annual production and deliveries of electrical energy (capacity) determined in the composite balance estimation of production and deliveries of electrical energy (capacity) within Power pool system of Russia by subjects of the Russian Federation.

3. To executive bodies of subjects of the Russian Federation in the field of state regulation of rates:

a) till June 1, 2012 to make decisions on establishment (review) since July 1, 2012:

long-term parameters of regulation of activities of the territorial network organizations, share of the Russian Federation, the subject of the Russian Federation and IDGC Holding open joint stock company in which authorized capital in total constitutes at least 50 percent plus one voting share, and also other territorial network organizations to which it is applied including method of long-term indexation of necessary gross revenue, on condition of approval of Federal Tariff Service of the corresponding long-term parameters of regulation of organization activity, to which the income method of the invested capital is applied;

rates for services in transfer of electrical energy on the power networks belonging on the property right or on other legal cause to the territorial network organizations on the second half of the year 2012.

To perform establishment (review) proceeding from increase since July 1, 2012 no more than for 11 percent of average on the subject of the Russian Federation of straight-line boiler rate on services in transfer of electrical energy in the power networks belonging on the property right or on other legal cause to the territorial network organizations in relation to average level on the subject of the Russian Federation of straight-line boiler rate as of acceptance date of decisions on review (establishment) since July 1, 2012;

Establishment (review) since July 1, 2012 of the long-term parameters of regulation of activities of the territorial network organizations performing regulated activities in the territories of the federal cities and subjects of the Russian Federation, and rates for services in transfer of electrical energy adjoining on them specified in this Item in subjects of the Russian Federation in which territories the specified organizations perform regulated activities if necessary is performed till July 15, 2012.

b) till July 15, 2012 to make decisions on establishment (review) since July 1, 2012:

sales allowances of the guaranteeing suppliers on the second half of the year 2012;

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 on the second half of the year 2012 proceeding from their increase since July 1, 2012 no more than for 11 percent in relation to the level of the corresponding prices (rates) operating as of June 30, 2012.

c) since September 1, 2013 to review in subjects of the Russian Federation concerning which the changes provided in the decision of Federal Tariff Service according to the subitem "i" of Item 5 of this resolution, within 45 calendar days from the date of adoption of the specified decision are accepted:

rates for services in transfer of electrical energy on the power networks belonging on the property right or on other legal cause to the territorial network organizations for 2013. At the same time the basic level of under control expenses established upon transition to regulation of rates for services in transfer of electrical energy using method of long-term indexation of necessary gross revenue according to the decision of executive body of the subject of the Russian Federation in the field of state regulation of rates is subject to revision and shall not exceed the level operating for decision date about review. In case of regulation of rates for services in transfer of electrical energy on power networks using income method of the invested capital long-term parameters of regulation are not subject to adjustment and (or) change;

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), for 2013;

the prices (rates) for electrical energy (capacity) delivered to the population and categories of consumers equated to it for 2013.

3.1. Determine that concerning the territorial network organizations which regulation of activities in the first half of the year 2012 was performed using income method of the invested capital and since July 1, 2012 - using method of long-term indexation of necessary gross revenue, long-term parameters of regulation of activities of the specified organizations since November 1, 2012 before the end of the long-term period of regulation are subject to revision (establishment) till October 15, 2012.

Transition since November 1, 2012 to regulation using income method of the invested capital concerning the territorial network organizations which regulation of activities in the first half of the year 2012 was performed using income method of the invested capital and since July 1, 2012 - using method of long-term indexation of necessary gross revenue, is performed based on the subject of the Russian Federation represented by executive bodies in the field of state regulation of rates till September 1, 2012 of the statement for transition to regulation using income method of the invested capital and approval of the corresponding long-term parameters.

In the absence of approval of Federal Tariff Service of long-term parameters of regulation of activities of the specified organizations using income method of the invested capital according to Item 12 of Bases of pricing in the field of regulated prices (rates) in power industry approved by this resolution (further - pricing Bases), regulation of their activities is performed using method of long-term indexation of necessary gross revenue and long-term parameters of regulation of activities of such organization, stipulated in Item 38 Bases of pricing, are subject to approval of Federal Tariff Service.

In case of non-presentation till September 1, 2012 of the statement specified in this Item or lack of approval of Federal Tariff Service concerning long-term parameters of regulation of activities of the relevant organizations determined in Item 38 of Bases of pricing, regulation of activities of such organizations is performed using method of long-term indexation of necessary gross revenue taking into account provisions of the paragraph of the fifteenth Item 12 of Bases of pricing.

If the necessary gross revenue of the organization determined on the basis of the long-term parameters of regulation of activities of the territorial network organizations approved by Federal Tariff Service below the necessary gross revenue determined on the basis of the corresponding parameters set by executive bodies of subjects of the Russian Federation in the field of state regulation of rates since July 1, 2012, rates for services in transfer of electrical energy on the power networks belonging on the property right or other legal cause to the territorial network organizations are subject to revision since November 1, 2012 taking into account the paragraph of the fourth subitem "an" of Item 3 of this resolution.

3(2). Determine that the decisions on price review (rates) made according to the subitem "v" of Item 3 of this resolution are accepted for the purpose of accounting of decisions on change of the composite balance estimation of production and the deliveries of electrical energy (capacity) for 2013 accepted according to the subitem "i" of Item 5 of this resolution and the changes made to investing programs of the territorial network organizations according to Item 2 (1) orders of the Government of the Russian Federation of December 1, 2009 No. 977 "About investing programs of subjects of power industry" (in case of their availability), and also proceeding from the fact that the extreme maximum level of the prices (rates) for services in transfer of electrical energy on the power networks belonging on the property right or other legal cause to the territorial network organizations in 2013 is the work:

the appropriate extreme maximum level of the prices (rates) for services in transfer of electrical energy established by Federal Tariff Service for appropriate level of tension since July 1, 2013 and operating till September 1, 2013;

the relations of size of the declared capacity considered in the composite balance estimation of production and deliveries of electrical energy (capacity) for 2013 before decision making about its change according to the subitem "i" of Item 5 of this resolution, to size of the declared capacity changed according to the subitem "i" of Item 5 of this resolution.

The work of the prices (rates) for services in transfer of electrical energy and relation of size of the declared capacity specified the extreme maximum level shall not be higher, than the extreme maximum level of the prices (rates) for services in transfer of electrical energy established by Federal Tariff Service since July 1, 2013 and operating till September 1, 2013, increased by 7 percent.

The extreme maximum level of the prices (rates) for electrical energy (capacity) delivered to the population and the categories of consumers equated to it, on average on appropriate subject of the Russian Federation the maximum limit of the prices (rates) for the electrical energy delivered to the population and categories of consumers equated to it increased by 2 percent, established by Federal Tariff Service since July 1, 2013 and operating till September 1, 2013 is.

3(3). Determine that executive bodies of subjects of the Russian Federation in the field of state regulation of rates (except for executive bodies of the subjects of the Russian Federation specified in appendix No. 2 to the Regulations on establishment and use of social norm of consumption of electrical energy (capacity) approved by the order of the Government of the Russian Federation of July 22, 2013 No. 614 "About procedure for establishment and use of social norm of consumption of electrical energy (capacity) and about introduction of amendments to some acts of the Government of the Russian Federation concerning establishment and use of social norm of consumption of electrical energy (capacity)"):

a) in 2013 establish for 2014 the price (rates) for electrical energy (capacity) delivered to the population and categories of consumers equated to it and the price (rates) for services in transfer of the electrical energy delivered to the specified consumers without separation of the specified prices (rates) concerning amounts of the electrical energy delivered to the specified consumers within social norm of consumption of electrical energy (capacity) and over such social norm;

b) Ceased to be valid according to the Federal Law of the Russian Federation of 03.03.2014 No. 136

3(4). Determine that for 2014 the provisions of Item 37 of Bases of pricing providing adjustment of regulated prices (rates) and necessary gross revenue are not applied to the prices (rates) for the services in transfer of electrical energy on single national (all-Russian) network rendered by the organization for management of single national (all-Russian) power network.

4. Determine that:

for the organizations which regulation of activities is performed using income method of the invested capital in case of lack of investing program valid through 2018 and (or) approval of long-term parameters of regulation of Federal Tariff Service since July 1, 2012 regulation of rates for electrical energy (capacity) is performed using method of long-term indexation of necessary gross revenue. At the same time provisions of the paragraph of the fifteenth Item 38 of Bases of pricing are not applied to the relations connected with state regulation of the rates for services in transfer of electrical energy which are subject to establishment (review) since July 1, 2012 according to this resolution. Rates for the services in transfer of electrical energy established (reviewed) according to this resolution since July 1, 2012 if necessary are subject to revision on the second half of the year 2012 till July 15, 2012 without requirements of the paragraph of the fifteenth Item 38 of Bases of pricing for the territorial network organizations which regulation of activities in the first half of the year 2012 was performed using income method of the invested capital, and since July 1, 2012 - using method of long-term indexation of necessary gross revenue. The decision on review of the specified rates extends to the legal relationship which arose since July 1, 2012;

the method of long-term indexation of necessary gross revenue is applied to the territorial network organizations which regulation of activities is performed on the basis of long-term parameters for the first time since January 1, 2012, and since July 1, 2012 transition to price regulation (rates) using income method of the invested capital on condition of approval of long-term parameters of regulation of Federal Tariff Service is possible;

for the territorial network organizations which regulation of activities in 2011 was performed using income method of the invested capital date of termination of the next long-term period of regulation will be date not earlier than July 1, 2017. At the same time, in case of application of method of long-term indexation of necessary gross revenue on absence period of the investing program approved in accordance with the established procedure for the purpose of determination of under control expenses the consumer price index is accepted at the level determined according to the paragraph the ninth Item 38 of Bases of pricing and reduced twice.

5. To Federal Tariff Service:

a) review for the period from January 1, 2012 to June 30, 2012 rates for the services in transfer of electrical energy on single national (all-Russian) power network rendered by the organization for management of single national (all-Russian) power network, having established them at the level which is not exceeding price level for 2011 and till June 1, 2012 to make the decision on review since July 1, 2012 of rates for services in transfer of electrical energy on single national (all-Russian) power network by the organization for management of single national (all-Russian) power network for 2012 - 2014;

b) with participation of the Ministry of Economic Development of the Russian Federation and Ministry of Energy of the Russian Federation till April 1, 2012 to prepare and provide to the Government of the Russian Federation offers on entering into regulatory legal acts of the Government of the Russian Federation of the changes providing since 2013 transfer of term of change (indexation) of regulated prices (rates) in power industry since January 1 for July 1;

c) develop within 2 months from approval date of the methodical instructions provided by the paragraph third Item 9 of this resolution, methodical instructions for accounting of extent of loading of objects of electric grid economy when forming rates and (or) their extreme minimum and (or) maximum levels on services in transfer of electrical energy;

d) with participation of the Ministry of Economic Development of the Russian Federation and Ministry of Energy of the Russian Federation till March 20, 2012 to provide to the Government of the Russian Federation offers on change of procedure of payments and application of rates for services in transfer of electrical energy, and also the agreement responsibility on technology accession to power network regarding reducing amounts of not used capacity of the power grid equipment which is created and contains the network organizations for the benefit of the existing and new consumers;

e) establish for limiting 2012 (minimum and (or) maximum) price levels (rates) for electrical energy (capacity) delivered to buyers in the retail markets (except for electrical energy (capacity) delivered to the population and categories of consumers equated to it) regarding the territories of Zabaykalsky Krai, Stavropol Krai, the Republic of Buryatia and the Tomsk region in which borders there is no forming of equilibrium price of the wholesale market;

e) review since January 1, 2012 without application of price indexes for 2012 the prices of capacity for the generating objects concerning which top prices in price requests for competitive selection of capacity were specified if information necessary for determination of the price of capacity on such generating objects, is not submitted in time, the stipulated in Item 111 Rules of the wholesale market of electrical energy and capacity approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172, or if in composite balance sheet for 2012 the decrease in installed capacity concerning the size considered in case of approval of the specified prices of capacity till November 1, 2011 caused by the conclusion of the generating equipment from operation approved in accordance with the established procedure is considered;

g) review since July 1, 2012 the price (rates) for services of the commercial operator;

h) with participation of the Ministry of Economic Development of the Russian Federation, Ministry of Energy of the Russian Federation, "Federal grid company of the unified power system" open joint stock company, "Holding of the Interregional Distribution Grid Companies" open joint stock company and "Far East Distribution Grid Company" open joint stock company till September 1, 2012 if necessary to provide to the Government of the Russian Federation the draft of the act of the Government of the Russian Federation of review of long-term parameters of regulation of organization activity on management of single national (all-Russian) power network, the territorial network organizations, and also rates for the services in transfer of electrical energy for single national (all-Russian) power network rendered by the organization for management of single national (all-Russian) power network rates for services in transfer of electrical energy on the power networks belonging on the property right or on other legal cause to the territorial network organizations.

i) within 20 working days from the date of receipt of the offers on size of the declared capacity of consumers prepared by the territorial network organizations together with the organization for management of single national (all-Russian) power network which power receiving devices are directly attached to the objects of electric grid economy entering single national (all-Russian) power network concerning which lease agreements were signed in previous period of regulation and are not concluded for 2013, to make the decision on change from the 1st following after month in which the relevant decision, the composite balance estimation of production and deliveries of electrical energy (capacity) for 2013 is made. Such decision is made based on the specified offers which arrived no later than June 1, 2013 and approved with executive body of the subject of the Russian Federation in

6. Determine that the prices of capacity approved according to the subitem "e" of Item 5 of this resolution for the generating objects concerning which top prices in price requests for competitive selection of capacity were specified are considered in case of determination of obligations of participants of the market.

7. Determine that regulated prices (rates) for electrical energy (capacity) of suppliers for sale in the wholesale market for 2012 are determined by regulated agreements by Federal Tariff Service in accordance with the established procedure without application of price indexes for 2012 and the prices of the electrical energy and capacity made with use of the generating object delivering capacity in the forced mode are established for 2012 by Federal Tariff Service at the level at which they were established as of December 31, 2011, the objects carried by the decision of the Government of the Russian Federation to the generating objects delivering capacity in the forced mode and put into operation after December 31, 2007 except for generating. In case of compensation according to Rules of the wholesale market of electrical energy and capacity, approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172, of actually received losses from realization of electrical energy for 2011 (if within this year capacity of the generating objects was delivered in the forced mode) the specified prices (rates) are established at the level exceeding the level of these prices (rates) established as of December 31, 2011.

If for the supplier concerning the generating object which capacity will be delivered in 2012 in the forced mode in 2011 the prices of the electrical energy and capacity made with use of the generating object delivering capacity in the forced mode for 2012 of the price of electrical energy and capacity were not established are established:

concerning capacity:

at the level of the price of capacity approved by Federal Tariff Service for 2011 - for the generating objects concerning which top prices in price requests for competitive selection of capacity were specified;

at the level of the extreme size of the price of capacity for carrying out competitive selection of capacity for 2012 - if in 2011 this supplier performed delivery of capacity at the price determined by results of competitive selection of capacity;

at the level of the price of capacity determined according to procedure for determination of the prices of the electrical energy and capacity made with use of the generating object delivering electrical energy and capacity in the forced mode, approved by Federal Tariff Service without application of price indexes for 2012 - for the generating objects concerning which this supplier did not perform in 2011 delivery of capacity to the wholesale market, and for the generating objects carried by the decision of the Government of the Russian Federation to the generating objects delivering capacity in the forced mode and put into operation after December 31, 2007;

concerning electrical energy - according to procedure for determination of the prices of the electrical energy and capacity made with use of the generating object delivering capacity in the forced mode, approved by Federal Tariff Service without application of price indexes for 2012.

At the same time the prices of the electrical energy and capacity made with use of the generating object delivering capacity in the forced mode are established by Federal Tariff Service no later than 30 days from the date of receipt from authorized body of the decision on need of refusal for conclusion of subject to scheduling from operation according to Inference rules of power generation facilities in repair and from operation, approved by the order of the Government of the Russian Federation of July 26, 2007 No. 484, or from the effective date decisions of the Government of the Russian Federation on reference of the generating object to the generating objects delivering capacity in the forced mode. The specified prices of electrical energy and capacity are applied to the relations which arose from the 1st prior to the beginning of which the prices were established and there came date with which conclusion of subject to scheduling from operation is prohibited according to the decision of authorized body, or date with which the generating object is carried to the generating objects delivering capacity in the forced mode according to the decision of the Government of the Russian Federation. The specified prices of electrical energy and capacity are established by Federal Tariff Service before the termination of the corresponding calendar year, but no later than date of the decision on approval of conclusion of subject to scheduling from operation based on the decision of authorized body or the termination of term of reference of the generating object to the generating objects delivering capacity in the forced mode according to the decision of the Government of the Russian Federation.

8. Determine what in case of non-presentation in terms, stipulated in Item 111 Rules of the wholesale market of electrical energy and the capacity approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172, of information for determination of the prices of capacity for the generating objects concerning which top prices in price requests for competitive selection of capacity, capacity of such generating object in 2012 were specified is delivered at the price of capacity established by Federal Tariff Service using technique of determination of the price of capacity for the generating objects concerning which top prices in price requests for competitive selection of capacity were specified.

9. To the Ministry of Energy of the Russian Federation to approve methodical instructions for determination of extent of loading entered after construction of facilities of electric grid economy:

till January 1, 2013 - concerning the objects of electric grid economy entering single national (all-Russian) power network with which use services in transfer of electrical energy render the organization for management of single national (all-Russian) power network, other owners and other legal owners of objects of single national (all-Russian) power network;

till July 1, 2013 - concerning objects of electric grid economy with which use services in transfer of electrical energy render the territorial network organizations in nominal class of voltage of 35 kV and above.

10. Determine that the price adjustment (rates) for services in transfer of electrical energy connected taking into account extent of loading of the centers of food is performed from start date of payment of the reserved maximum capacity by consumers of the electrical energy determined according to the act of the Government of the Russian Federation establishing features of cost determination of services in transfer of electrical energy taking into account payment of the reserved maximum capacity.

10.1. To the Ministry of Energy of the Russian Federation in coordination with the interested federal executive bodies till November 1, 2012 to approve investing program of "Federal grid company of the unified power system" open joint stock company valid through 2018.

11. The order of the Government of the Russian Federation of February 26, 2004 "About pricing in the Russian Federation" is not applied No. 109 to electrical and heat energy regarding state regulation of the prices (rates) in power industry from the effective date of this resolution.

Paragraph two of ceased to be valid according to the Order of the Government of the Russian Federation of 21.07.2017 No. 863

 

Approved by the Order of the Government of the Russian Federation of December 29, 2011 No. 1178

Pricing bases in the field of regulated prices (rates) in power industry

I. General provisions

1. The this document developed according to the Federal Law "About Power Industry" determines the basic principles and methods of price regulation (rates) in power industry.

From the date of entry into force of the order of the Government of the Russian Federation of March 21, 2020 "About introduction of amendments to some acts of the Government of the Russian Federation concerning functioning of active energy complexes" till December 31, 2030 this document is applied No. 320 if other is not installed by application No. 5 to the Basic provisions of functioning of the retail markets of electrical energy approved by the order of the Government of the Russian Federation of May 4, 2012 No. 442 "About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy" (further - Basic provisions of functioning of the retail markets of electrical energy).

2. The concepts used hereunder mean the following:

"base of the invested capital" - the asset cost of the regulated organization, the services in transfer of electrical energy (objects of electric grid economy and subjects to production appointment, including machines and mechanisms) which are in operation, created with use of the invested capital, applied in the field of rendering used when forming regulated rates for the next year of the long-term period of regulation according to methodical instructions for regulation of rates using income method of the invested capital;

"basic level of operating expenses" - the level of operating expenses established for the first year of the long-term period of regulation;

"long-term parameters of regulation" - the parameters of calculation of the long-term prices (rates) set to the long-term period of regulation;

"the long-term prices (rates)" - regulated prices (rates) at which calculations for electrical energy (capacity) and the corresponding services rendered by the organizations performing regulated activities, regulations established on the basis of long-term parameters or on the basis of concluded according to the procedure are perfromed, established by the Rules of the conclusion, change and agreement cancelation about conditions of implementation of regulated types of activity approved by the order of the Government of the Russian Federation of August 31, 2023 No. 1416 "About agreements on conditions of implementation of regulated types of activity", agreements on conditions of implementation of regulated types of activity;

"the long-term period of regulation" - the period at least 5 years for which long-term parameters of regulation are calculated or the agreement on conditions of implementation of regulated types of activity is signed;

"investment resources" - the means provided in quality of financing sources of the investing programs approved in accordance with the established procedure, included in structure of necessary gross revenue of the organizations performing regulated types of activity in the field of power industry;

"indication price of electrical energy" - the weighted average cost of unit of electrical energy calculated for the corresponding period of regulation for the purpose of forming of agreements in not price zones of the wholesale market and used for determination of regulated prices (rates) in the retail markets in the territories united in not price zones of the wholesale market;

"indication price of capacity" - the weighted average cost of unit of electric power calculated for the corresponding period of regulation for the purpose of forming of agreements in not price zones of the wholesale market and used for determination of regulated prices (rates) in the retail markets in the territories united in not price zones of the wholesale market;

"indication price of electrical energy for buyers in separate parts of price zones of the wholesale market in which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets" - the weighted average cost of unit of electrical energy calculated for the corresponding period of regulation for the purpose of forming of regulated agreements in separate parts of price zones of the wholesale market in which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets;

"indication price of capacity for buyers in separate parts of price zones of the wholesale market in which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets" the weighted average cost of unit of electric power calculated for the corresponding period of regulation for the purpose of forming of regulated agreements in separate parts of price zones of the wholesale market in which the Government of the Russian Federation establishes features of functioning wholesale and the retail markets;

"indication price of electrical energy for the population and categories of consumers equated to it" - the weighted average cost of unit of electrical energy calculated for the purpose of forming of regulated agreements in price zones of the wholesale market for electric power supply (capacity) of the population and the categories of consumers equated to it and used for determination of regulated prices (rates) for electrical energy (capacity) delivered to the population and (or) categories of consumers equated to it in the territories of price zones of the wholesale market;

"indication price of capacity for the population and categories of consumers equated to it" - the weighted average cost of unit of electric power calculated for the purpose of forming of regulated agreements in price zones of the wholesale market for electric power supply (capacity) of the population and the categories of consumers equated to it and used for determination of regulated prices (rates) for electrical energy (capacity) delivered to the population and (or) categories of consumers equated to it in the territories of price zones of the wholesale market;

"invested capital" - the capital which was used for creation of assets by the organization to which the income method of the invested capital, necessary for implementation is applied by the specified organization of regulated activities;

"index of efficiency of operating expenses" - the indicator characterizing dynamics of change of the expense level, the corresponding goods (services) connected with deliveries, allowing to provide step-by-step achievement of effective level of operating expenses;

"necessary gross revenue" - economically reasonable amount of the financial resources necessary for the organization for implementation of regulated activities during the settlement period of regulation;

"operating expenses" - the expenses connected with production and sales of products (services) in regulated types of activity, except for fixed asset depreciations, maintenance expenses of borrowed funds, expenses connected with lease of the property used for implementation of regulated activities, and the expenses on fee rendered by the organizations performing regulated activities and also taxes and fees stipulated by the legislation the Russian Federation about taxes and fees;

"the size of the invested capital" - the size of the invested capital established taking into account results of independent assessment upon transition to regulation of rates on the basis of long-term parameters of regulation of organization activity;

"settlement entrepreneurial profit of the network organization" - the size considered in case of determination of necessary gross revenue of the network organization, used when calculating the prices (rates) for services in transfer of electrical energy, being at the command the network organization and spent at its discretion;

"settlement entrepreneurial profit of the guaranteeing supplier" - the size considered in case of determination of the necessary gross revenue of the guaranteeing supplier used when calculating sales allowances, being at the command the guaranteeing supplier and spent by it at discretion;

"the regulation period" - the period at least 12 months if other is not provided by the decision of the Government of the Russian Federation on which the prices (rates) are calculated;

under control expenses" - the expenses connected with production and sales of products (services) in regulated types of activity, except for financing expenses of capital investments, depreciation expenses of fixed assets and intangible assets, expenses on return and servicing of the borrowed funds including directed to financing of capital investments, the expenses connected with lease of the property used for implementation of regulated activities, leasing payments, the expenses on fee (products) rendered by the organizations performing regulated activities and also taxes and fees stipulated by the legislation the Russian Federation about taxes and fees, expenses on payment of normative losses in networks;

"regulated activities" - activities in the field of power industry within which calculations for delivered goods (services) are perfromed at the prices (rates) which according to the Federal Law "About Power Industry" are subject to state regulation;

"regulated agreements" - the agreements signed in accordance with the legislation of the Russian Federation by subjects of the wholesale market - electric power producers (capacity) with the guaranteeing suppliers (who are power supplying, the power sales organizations to which number of buyers the population and (or) equated to it to the category of consumers belongs), 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, delivery of electrical energy (capacity) on which is performed on the regulated state to the prices (rates);

"regulating authorities" - Federal Antimonopoly Service and executive bodies of subjects of the Russian Federation in the field of state regulation of rates;

"effective period of the prices (rates)" - period of time between the changes in price (rates) by regulating authorities on the bases established by the legislation of the Russian Federation;

"the term of return of the invested capital" - the term during which the capital invested in creation of the assets put into operation will be in full returned to the organization performing regulated activities;

"level of reliability and quality of implementable goods (services) - set of the indicators reflecting quality characteristics of implementable goods (services);

"the prices (rates)" - system of price rates at which calculations for electrical energy (capacity), and also for the services rendered on wholesale and the retail markets of electrical energy are perfromed;

"pricing" - settlement process and establishments of regulated prices (rates) applied when calculating for electrical energy (capacity), and also for the corresponding services rendered by the organizations performing regulated activities;

"net working capital" - the difference between the size of the current assets and size of the current obligations of the organization performing regulated activities determined by regulating authorities taking into account the maximum and minimum value of the standard rate of the net working capital established by regulating authority for the long-term period of regulation percentage of necessary gross revenue according to methodical instructions for regulation of rates using income method of the invested capital;

"economy of under control expenses" - decrease in level of the actual under control expenses in comparison with the level of planned costs of previous year, less the size characterizing change of the expense level provided by index of efficiency of under control expenses;

"economy of operating expenses" - decrease in level of the actual operating expenses in comparison with the level of planned costs of previous year, less the size characterizing change of the expense level provided by index of efficiency of operating expenses;

"standard of costs of the guaranteeing supplier" - economically reasonable specific size of costs connected with implementation of regulated activities as the guaranteeing supplier, determined by method of comparison of analogs, established according to expenditure items;

"reference revenue of the guaranteeing supplier" - the necessary gross revenue of the organization performing activities as the guaranteeing supplier, determined by method of comparison of analogs on the basis of standards of costs of the guaranteeing supplier.

Values of other concepts used hereunder correspond accepted in the legislation of the Russian Federation.

2(1). Hereunder:

1) 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 provided by appendix No. 3 to the Rules of the wholesale market of electrical energy and capacity approved by the 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";

2) 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 provided by appendix No. 4 to the Rules of the wholesale market of electrical energy and capacity approved by the 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".

II. System of regulated prices (rates)

3. Regulated prices (rates) for electrical energy (capacity) log in:

1) regulated prices (rates) and (or) their limiting (minimum and (or) maximum) levels in the wholesale market:

the prices (rates) for the electrical energy delivered in the conditions of restriction or lack of the competition which regulation can be performed in cases and according to the procedure which are stipulated in Article 23.3 Federal Laws "About Power Industry";

the prices (rates) for electrical energy (capacity) delivered in price zones of the wholesale market by subjects of the wholesale market - electric power producers (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) for the purpose of ensuring consumption of electrical energy with the population and (or) the categories of consumers equated to it and also to stipulated in Item 6th article 36 of the Federal law "About Power Industry" of date 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 allowance added to equilibrium price of the wholesale market for determination of the price of the electrical energy made on the renewable energy resources functioning on the basis of use the qualified generating objects (in cases and according to the procedure which are provided by the Government of the Russian Federation);

paragraph fifth ceased to be valid;

paragraph of the sixth ceased to be valid;

the prices (rates) and (or) limiting (minimum and (or) maximum) price levels (rates) for the electrical energy (capacity) in not price zones of the wholesale market including delivered in electric utility systems of foreign states and acquired at them for the purpose of export or import in the amount considered in the composite balance estimation of production and deliveries of electrical energy (capacity);

the prices (rates) for electrical energy (capacity), and (or) limiting (minimum and (or) maximum) price levels (rates), and allowances to such prices (rates) (in cases, stipulated by the legislation the Russian Federation, according to the procedure, established by the Government of the Russian Federation);

the price increment on capacity established and applied according to the procedure, established by the Government of the Russian Federation, for the purpose of partial compensation of cost of capacity and (or) electrical energy of subjects of the wholesale market - electric power producers (capacity) which generating equipment is located in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands - the Kaliningrad region;

the price increment on capacity established and applied according to the procedure, established by the Government of the Russian Federation, for the purpose of partial compensation to subjects of the wholesale market - electric power producers (capacity) of capital and operating costs concerning the generating objects of the thermal power plants constructed and put into operation in the territories of the Republic of Crimea and (or) Sevastopol after January 1, 2016;

price increment on the capacity delivered in price zones of the wholesale market by subjects of the wholesale market - electric power producers (capacity), established and applied according to the procedure, established by the Government of the Russian Federation, for the purpose of achievement in the subjects of the Russian Federation which are part of the Far Eastern Federal District, planned for the next period of regulation of basic levels of the prices (rates) for electrical energy (capacity) (further - price increment on capacity for the subjects of the Russian Federation which are part of the Far Eastern Federal District);

price increment on the capacity delivered in price zones of the wholesale market by subjects of the wholesale market - electric power producers (capacity), for the purpose of partial compensation of cost of the capacity delivered with use of the generating objects of the thermal power plants modernized, reconstructed and constructed in the territories of not price zones of the wholesale market;

2) regulated prices (rates) and limiting (minimum and (or) maximum) levels of prices for electrical energy (capacity) in the retail markets:

the prices (rates) for electrical energy in case of introduction of state regulation in emergency situations according to article 23.3 of the Federal law "About Power Industry";

the prices (rates) and limiting (minimum and (or) maximum) price levels (rates) for electrical energy (capacity) delivered to the population and categories of consumers equated to it;

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 electrical energy (capacity) delivered according to bilateral agreements of the purchase and sale of electrical energy (capacity) made on the generating objects located in the territories not united in price and not price zones of the wholesale market, and consumed by the objects put into operation after July 1, 2017 including according to the agreements specified in Item 2.2 of article 37 of the Federal law "About Power Industry";

limiting (minimum and (or) maximum) price levels (rates) for electrical energy (capacity) delivered to buyers in the retail markets including to the population and categories of consumers equated to it, in the territories not united in price and not price zones of the wholesale market;

sales allowances of the guaranteeing suppliers;

the prices (rates) or limiting (minimum and (or) maximum) price levels (rates) for the electrical energy (capacity) made on the qualified generating objects functioning on the basis of use of renewable energy resources and acquired for the purpose of compensation of losses in power networks;

the prices (rates) and (or) limiting (minimum and (or) maximum) price levels (rates) for electrical energy (capacity) delivered to buyers, except for electrical energy (capacity) delivered to the population and categories of consumers equated to it in the retail markets in the territories not united in price zones of the wholesale market including electrical energy (capacity) made on the qualified generating objects functioning on the basis of use of renewable energy resources;

the paragraph the ninth ceased to be valid according to the Order of the Government of the Russian Federation of 30.08.2024 No. 1191

3) regulated prices (rates), limiting (minimum and (or) maximum) price levels (rates) for the services rendered in the wholesale and retail markets of electrical energy (capacity):

the prices (rates) for services in ensuring system reliability (in cases, stipulated by the legislation the Russian Federation);

the prices (rates) for the services of the commercial operator in the organization of trade in the wholesale market connected with the conclusion and the organization of execution of transactions on the address of electrical energy, capacity and other objects of trade which circulation is allowed in the wholesale market;

the prices (rates) for services of the commercial operator in the organization of trade in the wholesale market in the part connected with the conclusion and the organization of execution of transactions on rendering services in management of change of the mode of consumption of electrical energy;

the prices (rates) for services in supervisory control in power industry regarding management of technology working hours of power generation facilities and power receiving devices of consumers of electrical energy, ensuring functioning of technology infrastructure wholesale and the retail markets and implementation of designing of development of electric utility systems;

limiting (minimum and (or) maximum) price levels (rates) for services in supervisory control in power industry regarding ensuring reliability of functioning of power industry by the organization of selection of contractors and fee on ensuring system reliability;

the prices (rates) for services in transfer of electrical energy on single national (all-Russian) power network;

limiting (minimum and (or) maximum) price levels (rates) for services in transfer of electrical energy on the power networks belonging on the property right or on other legal cause to the territorial network organizations;

the prices (rates) for services in transfer of electrical energy on the power networks belonging on the property right or on other legal cause to the territorial network organizations, stipulated by the legislation the Russian Federation including:

the price (rate) for services in transfer of electrical energy for the purpose of settlings with the systemically important territorial network organization of consumers of services which power receiving devices are located in the territory of appropriate subject of the Russian Federation and which belong to one group (category) from among on what the legislation of the Russian Federation provides differentiation of rates for electrical energy (capacity) irrespective of to what networks of the network organization they are attached if the decision of the Government of the Russian Federation does not provide other (further - single (boiler) tariff);

the individual price (rate) for services in transfer of electrical energy for calculations of the systemically important territorial network organization for the services in transfer of electrical energy rendered by the territorial network organization (further - rate for settlings with the territorial network organization);

the prices (rates) for services in transfer of electrical energy for the network organizations servicing mainly one consumer and rendering these services to these organizations (further - the mononetwork organizations);

the individual price (rate) for services in transfer of electrical energy for calculations between the systemically important territorial network organizations in cases when in accordance with the established procedure between them electrical power transmission agreements are signed (further - rate for calculations between the systemically important territorial network organizations);

the prices (rates) for services in transfer of electrical energy for the territorial network organizations rendering services in transfer of electrical energy in the territories which are technology not connected with Power pool system of Russia and technology isolated territorial electric utility systems and also in the territories of technology isolated territorial electric utility systems which borders do not match with borders of the subject of the Russian Federation within which such systems are.

Are subject to state regulation payment for technology accession to single national (all-Russian) power network, to power networks of the territorial network organizations and (or) the standardized tariff charges determining its size.

The payment for realization by network organization of events on providing conclusion from operation of facilities for production of electrical energy (capacity) is subject to state regulation.

III. Principles and methods of calculation of the prices (rates)

4. Establishment of regulated prices (rates) in power industry is performed by regulating authorities according to the purposes and the principles of state regulation provided by the Federal Law "About Power Industry" and regulatory legal acts including establishing rules of functioning wholesale and the retail markets.

5. Price regulation (rates) is based on the principle of obligation of conducting separate accounting by the organizations performing regulated types of activity, amount of products (services), the income and expenses on production, transfer, sale of electrical energy and technology accession to power networks.

In case of establishment of regulated prices (rates) repeated accounting of the same expenses on the specified types of activity is not allowed.

The organizations performing regulated activities as the guaranteeing supplier keep obligatory separate account of the income and expenses attributable to the population and categories of consumers equated to it, on other consumers and the network organizations. Reference on the population and categories of consumers of the expenses connected with servicing of other consumers and the network organizations equated to it is not allowed.

6. Subjects of power industry provide for the purposes of state regulation of the prices (rates) data of separate accounting (including primary financial accounting) assets of products, the income and expenses on the following types of activity in the field of power industry:

1) production of electrical energy (capacity) with station-by-station and block breakdown;

2) production of electrical energy the object put into operation according to the order of the Government of the Russian Federation of December 7, 2005 No. 738;

3) transfer of electrical energy on single national (all-Russian) power network (including operation of objects of electric grid economy) with breakdown on subjects of the Russian Federation in the territory of which the differential tariffs on services in transfer of electrical energy in single national (all-Russian) power network are established;

4) transfer of electrical energy on the power networks belonging on the property right or on other legal cause to the territorial network organizations (including operation of objects of electric grid economy), with breakdown on subjects of the Russian Federation if the organization performs regulated activities in the territory of more than one subject of the Russian Federation;

5) realization (sale) of electrical energy, with breakdown on subjects of the Russian Federation if the organization performs regulated activities in the territory of more than one subject of the Russian Federation, and also with allocation of expenses on ensuring realization (sale) in amounts of consumption of electrical energy the population and (or) categories of consumers equated to it within and over social norm of consumption, other categories of consumers, and also the network organizations for the purposes of compensation of losses in power networks;

6) the services of the commercial operator in the organization of trade in the wholesale market connected with the conclusion and the organization of execution of transactions on the address of electrical energy, capacity and other objects of trade which circulation is allowed in the wholesale market;

7) technology accession to power networks;

8) rendering services in 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 also ensuring functioning of technology infrastructure wholesale and the retail markets and implementation of designing of development of electric utility systems;

9) rendering services in supervisory control in power industry regarding ensuring reliability of functioning of power industry by the organization of selection of contractors and fee on ensuring system reliability;

10) rendering services in ensuring system reliability, including on types of service, with station-by-station and block breakdown:

the normalized primary regulation of frequency with use of the generating equipment of power plants - with breakdown on power generation facilities with which use rendering service is performed;

automatic secondary control of frequency and overflows of active capacity with use of the generating equipment of power plants (except for hydroelectric power stations installed capacity more than 100 MW) - with breakdown on power generation facilities with which use rendering service is performed;

regulation of reactive capacity with use of the generating equipment of power plants on which during the period of rendering the corresponding services the electrical energy is not made;

development of systems of antiemergency control (including installation (upgrade) of the corresponding devices) in Power pool system of Russia;

during the period from 2019 to 2023 - demand management on electrical energy;

11) services of the commercial operator in the organization of trade in the wholesale market in the part connected with the conclusion and the organization of execution of transactions on rendering services in management of change of the mode of consumption of electrical energy.

7. In case of establishment of regulated prices (rates) regulating authorities take the measures directed to exception of calculations of economically unreasonable expenses of the organizations performing regulated activities. Treat economically unreasonable expenses of the organizations performing regulated activities including revealed based on data of statistical and accounting records in year and other materials:

expenses of the organizations performing regulated activities, in previous period of regulation, not connected with implementation of regulated activities of these organizations and covered for acquisition account from regulated activities;

the expenses considered in case of establishment of regulated prices as a part of (rates) actually not suffered in the regulation period for which regulated prices (rates) were established (except as specified accounting of economy of operating (under control) expenses and savings from decrease in technology losses of electrical energy in power networks in case of application concerning the organization performing regulated activities, income method of the invested capital or method of long-term indexation of necessary gross revenue, and also cases, stipulated in Item 21(1) this documents).

In case of establishment according to this Item of the prices (rates) for the regulated organization created as a result of reorganization of legal entities in the form of merge, transformation or accession economically unreasonable expenses of the reorganized legal entity (legal entities) are excluded.

Stated prices (rates) can be reviewed before the termination of term of their action, including within financial year, in the following cases:

identification of the violations connected with inappropriate use of the investment resources included in regulated by the state of the price (rates);

the beginning of delivery of capacity with use of the generating objects of the thermal power plants modernized, reconstructed or constructed in the territories of the not price zones of the wholesale market included in the list of objects of the thermal power plants which are subject to upgrade (reconstruction) or construction in not price zones, approved by the Government of the Russian Federation;

the paragraph of ceased to be valid according to the Order of the Government of the Russian Federation of 31.08.2023 No. 1416

Regulating authorities take measures for exception of calculations in case of establishment of the regulated prices (rates) of economically unreasonable income of the organizations performing regulated activities, received in previous period of regulation taking into account means of the budgets of budget system of the Russian Federation provided to such organizations when implementing of regulated activities by them.

In case of establishment according to this Item of the prices (rates) for the regulated organization created as a result of reorganization of legal entities in the form of merge, transformation or accession economically unreasonable income of the reorganized legal entity (legal entities) are excluded.

If based on data of statistical and accounting records in year and other materials economically reasonable expenses of the organizations performing regulated activities, including expenses on the investments which are not provided by the investing program approved in accordance with the legislation of the Russian Federation about power industry the regulations which are not considered in case of establishment of regulated prices (rates) for that period in which they are suffered or the income half-received when implementing regulated activities during this period of regulation on independent of the organization performing regulated activities, to the reasons the specified expenses (income) are revealed are considered by regulating authorities in case of establishment of regulated prices (rates) for the next period of regulation if other is not established by this document. Expenses belong to economically reasonable expenses including, connected with servicing of borrowed funds, including raised for covering of shortcoming of funds in case of delay of payments from consumers of electrical energy, consumers of services in transfer of electrical energy and guaranteeing suppliers (the power sales (power supplying) organizations), acting for the benefit of specified consumers, including overdue debt of previous years of the guaranteeing suppliers who are or are in insolvency proceeding, and also expenses on investments, provided by the investing program approved in accordance with the legislation of the Russian Federation about power industry taking into account made in it changes, not considered in case of establishment of regulated prices (rates) for that period of regulation in which they are suffered.

The exception of economically unreasonable income and expenses of the organizations performing regulated activities, revealed including by results of check of their economic activity, accounting of economically reasonable expenses of the organizations performing regulated activities, which are not considered in case of establishment of regulated prices (rates) for that period of regulation in which they are suffered or the income half-received when implementing regulated activities during this period of regulation on independent of the organization performing regulated activities, to the reasons for the purpose of smoothing of change of rates can be performed during the period including relating to the different long-term periods of regulation which cannot be more than 5 years. In this case distribution of excludable economically unreasonable income and expenses, the considered economically reasonable expenses which are not considered in case of establishment of regulated prices (rates) for that period of regulation in which they are suffered or the income half-received when implementing regulated activities during this period of regulation is performed when calculating necessary gross revenue of the corresponding annual period of regulation taking into account parameters of the forecast of social and economic development of the Russian Federation. Action of the provisions established by this paragraph does not extend to the territorial network organizations.

In case of establishment of rates for services in transfer of electrical energy on the power networks belonging on the property right or on other legal cause to the territorial network organizations, regulating authorities for the purpose of smoothing of change of rates can distribute by years during the period which cannot be more than 5 years, including belonging to the different long-term periods of regulation, the adjustments of necessary gross revenue of the network organizations which are carried out following the results of the year preceding current period of regulation according to the paragraph the thirty second Item 38 of this document (to distribution the total size of positive and negative adjustments of necessary gross revenue of the network organization following the results of the corresponding period is subject), and also the excludable economically unreasonable income and expenses revealed by results of check of economic activity of the network organizations.

At the same time the size of the adjustments of necessary gross revenue of the territorial network organization distributed according to the paragraph the thirteenth this Item which are carried out following the results of the year preceding current period of regulation cannot exceed 12 percent from the size of the necessary gross revenue for the next period of regulation calculated according to methodical instructions, stipulated in Item the 38th this document without the expense accounting on payment of normative losses of electrical energy by its transfer on power networks, financing expenses of capital investments from profit, expenses on fee on transfer of electrical energy on single national (all-Russian) power network and on networks of the territorial network organizations, return of the borrowed funds allocated for financing of capital investments, the expenses connected with lease of objects of electric grid economy used for implementation of regulated activities, including for agreements of finance lease (leasing), and also without the distributed size included in necessary gross revenue for the next period of regulation according to the paragraph the fifteenth this Item (but not above the total size of adjustments of necessary gross revenue).

The distributed size of adjustments of necessary gross revenue and (or) size of the network organizations of excludable economically unreasonable income and expenses revealed by results of check of economic activity join in necessary gross revenue of the territorial network organization taking into account parameters of the forecast of social and economic development of the Russian Federation during the period which cannot be more than 5 years.

Action of the provisions established by paragraphs the thirteenth - the fifteenth this Item, does not extend to the territorial network organizations which state regulation of the prices (rates) is performed using income method of the invested capital, and also in case of the conclusion between the network organization and regulating authority of the agreement on conditions of implementation of regulated types of activity.

In case of establishment according to this Item of the prices (rates) for the regulated organization created as a result of reorganization of legal entities in the form of merge, transformation or accession economically reasonable expenses of the reorganized legal entity (legal entities) which are not considered in case of establishment of regulated prices (rates) concerning such legal entity (legal entities) and also the income half-received when implementing regulated activities by the reorganized legal entity (legal entities) owing to circumstances are considered.

The regulating authority makes decisions on establishment (review) of long-term parameters of regulation, on establishment (change) of regulated prices (rates) in pursuance of the judgment which took legal effect, the decision of Federal Antimonopoly Service made following the results of consideration of disagreements or pre-judicial dispute settlement, the decision of Federal Antimonopoly Service on cancellation of the decision of regulating authority made by it with abuse of authority (instruction), for the purpose of reduction of decisions on establishment of the specified prices (rates) and (or) their limits in compliance with the legislation of the Russian Federation from the date of entry into force of the judgment or acceptance by Federal Antimonopoly Service of one of the specified decisions (issue of the instruction) in a month if other term is not established by the relevant decision (instruction).

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