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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 17, 2013 No. 1164

About approval of Rules of implementation of anti-monopoly regulation and control in power industry

(as amended on 07-06-2017)

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

 Approve the enclosed Rules of implementation of anti-monopoly regulation and control in power industry.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of December 17, 2013 No. 1164

Rules of implementation of anti-monopoly regulation and control in power industry

I. General provisions

1. These rules establish procedure of anti-monopoly regulation and control in the wholesale market of electrical energy and capacity (further - the wholesale market) and the retail markets of electrical energy and capacity (further - the retail markets).

2. In these rules the concept "market force" which designates capability of business entity (group of persons) is used to render in the corresponding zone or zones of free overflow the determining influence on forming of equilibrium price on electrical energy and (or) the prices of capacity; the certain condition of the wholesale market which is characterized by lack of possibility of replacement of the amount of electrical energy (capacity) delivered by such business entity (group of persons) with supply rate of electrical energy (capacity) of other business entities or replacements of the amount of electrical energy (capacity) consumed by such business entity (group of persons) with amount of consumption of electrical energy (capacity) by other consumers.

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

3. Subjects to anti-monopoly regulation and control are:

a) prices;

b) level of economic concentration in the wholesale market;

c) redistribution of shares (shares) in the authorized capital of subjects of the wholesale market (including by creation, reorganization and liquidation of the organizations - subjects of the wholesale market) and property of subjects of the wholesale market;

d) coordinated actions of subjects wholesale or retail markets;

e) actions of subjects wholesale or the retail markets holding dominant position in the specified markets;

e) actions of Market Council and organizations of commercial and technology infrastructure.

II. Anti-monopoly regulation on wholesale and the retail markets

4. Anti-monopoly regulation on wholesale and the retail markets performs federal antimonopoly authority by means of:

a) ceased to be valid according to the Order of the Government of the Russian Federation of 27.08.2015 No. 893

b) ceased to be valid according to the Order of the Government of the Russian Federation of 27.08.2015 No. 893

c) establishments for the purpose of ensuring the competition of additional requirements to the price applications submitted for participation in competitive selection of capacity by the suppliers of capacity holding dominant position in the wholesale market within one price zone;

d) approvals of technique of determination of compliance of price requests for sale of electrical energy to requirements of economic justification in coordination with the federal executive body performing functions on development of state policy and normative legal regulation in the field of the analysis and forecasting of social and economic development, development of business activity, 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 state regulation of rates;

e) approvals of technique of check of compliance of price requests for capacity sale to requirements of economic justification in coordination with the federal executive body performing functions on development of state policy and normative legal regulation in the field of the analysis and forecasting of social and economic development, development of business activity, 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 state regulation of rates;

e) approvals of procedure for establishment of cases of manipulation the prices of electrical energy and (or) capacity in the wholesale market in coordination with the federal executive body performing functions on development of state policy and normative legal regulation in the field of the analysis and forecasting of social and economic development, development of business activity, 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 state regulation of rates;

g) determinations of requirements of economic justification of price requests for sale of electrical energy, and also price requests for sale of capacity in coordination with the federal executive body performing functions on development of state policy and normative legal regulation in the field of the analysis and forecasting of social and economic development, development of business activity, 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 state regulation of rates;

h) approvals of standards of provision by subjects wholesale and the retail markets (except for consumers of electrical energy - physical persons) information on the activities in federal antimonopoly authority according to the procedure, established by this body.

III. Anti-monopoly control of functioning wholesale and retail markets

5. Anti-monopoly control of functioning wholesale and the retail markets performs antimonopoly authority by means of:

a) considerations of data of monitoring of the prices of electrical energy (capacity), checks of economic and technology justification of actions of the subject of power industry, including by price comparison, specified by subjects of the wholesale market in price requests, with their actual costs on production of electrical energy in the corresponding hour by comparison of the amounts of electrical energy specified by the subject of the wholesale market in the price request with possible amounts of development of electrical energy the generating equipment belonging to it on the property right or other legal cause proceeding from technical characteristics of the generating equipment, restrictions on heating loading, the specific fuel consumption used by business entity when calculating cost of production, value of specific fuel consumption in the condensation and heating modes according to the procedure of establishment of cases of manipulation the prices of electrical energy and (or) capacity in the wholesale market approved by federal antimonopoly authority;

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