ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 8, 2012 No. 808

About the organization of heat supply in the Russian Federation and about introduction of amendments to some acts of the Government of the Russian Federation

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

1. Approve enclosed:

Rules of the organization of heat supply in the Russian Federation;

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

2. To the Ministry of Regional Development of the Russian Federation with participation of the Ministry of Energy of the Russian Federation to develop and approve methodical instructions for the analysis of the indicators used for assessment of reliability of systems of heat supply in 6-month time.

Approved by the Order of the Government of the Russian Federation of August 8, 2012 No. 808

Rules of the organization of heat supply in the Russian Federation

I. General provisions

1. These rules establish procedure for the organization of heat supply of consumers, including essential conditions of agreements of heat supply and rendering services in transfer of heat energy, the heat carrier, feature of the conclusion and condition of delivery agreements of heat energy (capacity) and (or) the heat carrier, procedure for the organization of the conclusion of the specified contracts between the heatsupplying and heatnetwork organizations, and also procedure for restriction and interruption in supply of heat energy to consumers in case of violation of conditions of agreements by them.

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

"the act of differentiation of balance sheet accessory" - the document determining borders of ownership of thermal networks, sources of heat energy and the heatconsuming installations by various persons on the property right or other legal cause;

"the act of differentiation of operational responsibility of the parties" - the document determining limits of responsibility of the parties for operation of the relevant thermal networks, sources of heat energy and the heatconsuming installations;

"border of balance sheet accessory" - the line of the Section of thermal networks, sources of heat energy and the heatconsuming installations between owners on the basis of property or ownership on other basis provided by the Federal Laws;

"limit of operational responsibility" - the line of the Section of elements of sources of heat energy, thermal networks or the heatconsuming installations on the basis of responsibility for operation of these or those elements established by the agreement of agreement parties of heat supply, the agreement of rendering services in transfer of heat energy, the heat carrier, the delivery agreement of heat energy (capacity) and (or) the heat carrier, and in the absence of such agreement - determined by border of balance sheet accessory;

"reservoir of thermal networks" - the work of extent of all thermal networks belonging to the organization on the property right or other legal cause on the weighted average cross-sectional area of data of thermal networks;

"zone (zones) of activities of the single heatsupplying organization" - one or several systems of heat supply in the territory of the settlement, the city district in which borders the single heatsupplying organization shall serve any consumers of heat energy who addressed it;

"condensate" - product of condensation of the vaporous heat carrier after its use by the consumer of heat energy;

"working capacity of source of heat energy" - the average given hour capacity of source of heat energy determined by the actual useful leave of source of heat energy for the last 3 years of work;

"transfer point" - the place of physical connection of the heatconsuming installations or thermal networks of the consumer (or thermal networks of the single heatsupplying organization) with thermal networks of the heatnetwork organization in which obligations of the heatnetwork organization for the agreement of rendering services in transfer of heat energy and (or) the heat carrier are fulfilled;

"delivery point" - the place of obligation fulfillment of the heatsupplying organization or the single heatsupplying organization which is located on border of balance sheet accessory of the heatconsuming installation or thermal network of the consumer and thermal network of the heatsupplying organization, either the single heatsupplying organization, or the heatnetwork organization or in point of connection to ownerless thermal network;

"acceptance point" - the place of physical connection of sources of heat energy or thermal networks with thermal networks of the heatnetwork organization in which obligations of the heatsupplying organization for the agreement of rendering services in transfer of heat energy and (or) the heat carrier are fulfilled.

II. Criteria, procedure for assignment of the status of the single heatsupplying organization and the requirement to its activities

3. The status of the single heatsupplying organization is given to the heatsupplying and (or) heatnetwork organization in case of approval of the scheme of heat supply of the settlement, city district, the federal cities by the decision:

the federal executive body authorized on realization of state policy in the sphere of heat supply (further - federal executive body), - concerning residential locations, city districts with the population making 500 thousand people and more and also the federal cities;

heads of local administration of the residential location, head of local administration of the city district - concerning residential locations, city districts with population, component less than 500 thousand people;

heads of local administration of the municipal district - concerning the rural settlements located in the territory of the respective municipal district if other is not established by the law of the subject of the Russian Federation.

4. In the draft of the scheme of heat supply (the draft of the staticized scheme of heat supply) borders of zone (zones) of activities of the single heatsupplying organization (organizations) shall be determined. Borders of zone (zones) of activities of the single heatsupplying organization (organizations) are determined by borders of system (systems) of heat supply.

If in the territory of the settlement, the city district, the federal city there are several systems of heat supply, the single heatsupplying organization (organizations) is determined concerning everyone or several systems of heat supply located in borders of the settlement, city district, federal city.

5. For assignment of the organization of the status of the single heatsupplying organization in the territory of the settlement, the city district, the federal cities of person owning on the property right or other legal cause sources of heat energy and (or) thermal networks give to the local government body of the settlement, city district, executive body of the federal city authorized on development of the scheme of heat supply within 1 month from the date of placement in accordance with the established procedure of the draft of the scheme of heat supply, and also from the date of placement of the decision specified in Item 17 of these rules, the request for assignment of the organization of the status of the single heatsupplying organization with indication of zone (zones) of its activities. The accounting records constituted on the last reporting date before application with mark of tax authority about its acceptance or with the receipt on acceptance of the tax declaration (calculation) in electronic form, the signed digital signature of the authorized person of the relevant tax authority are attached to the specified request. The request for assignment of the organization of the status of the single heatsupplying organization cannot be withdrawn or changed (except for case of approach of force majeure circumstances).

Collection of requests for assignment of the organization of the status of the single heatsupplying organization is not performed:

in case of placement in accordance with the established procedure the bodies specified in paragraph one of this Item, the draft of the staticized scheme of heat supply;

in case of change of border of zone (zones) of activities of the single heatsupplying organization, not involving emergence of new zone (new zones) of activities of the single heatsupplying organization;

in the cases specified in Items 14 and 28 of requirements to procedure for development and approval of the schemes of heat supply approved by the order of the Government of the Russian Federation of February 22, 2012 No. 154 "About requirements to schemes of heat supply, procedure for their development and approval".

5(1). The local government body of the settlement, city district, executive body of the federal city authorized on development of the scheme of heat supply within 3 working days from the date of the deadline for submission of bids on assignment of the organization of the status of the single heatsupplying organization shall post data on the accepted requests on the official site according to the settlement (in the presence of the official site of the settlement), the city district (in the presence of the official site of the city district), executive bodies of the federal cities on the Internet (further - the official sites).

If there is no possibility of placement of the relevant information on the official sites of the settlement, city district, necessary information is posted on the official site of the subject of the Russian Federation in which borders there is the respective settlement, the city district. Information of the settlements entering the municipal district is posted on the official site of this municipal district.

6. If concerning one zone of activities of the single heatsupplying organization 1 application from the face, owning on the property right or other legal cause sources of heat energy and (or) thermal networks in the corresponding zone of activities of the single heatsupplying organization is submitted, the status of the single heatsupplying organization is given to the specified person. If concerning one zone of activities of the single heatsupplying organization several applications from persons owning on the property right or other legal cause sources of heat energy and (or) thermal networks in the corresponding zone of activities of the single heatsupplying organization are submitted, the status of the single heatsupplying organization is given according to Items 7 - 10 these rules.

7. Criteria of assignment of the status of the single heatsupplying organization are:

ownership on the property right or other legal cause by sources of heat energy with the largest working thermal power and (or) thermal networks with the greatest reservoir in borders of zone of activities of the single heatsupplying organization;

equity size;

capability in the best measure to provide reliability of heat supply in the corresponding system of heat supply.

For determination of the specified criteria local government bodies of settlements, city districts, local government bodies of the municipal district (concerning the rural settlements located in the territory of the respective municipal district if other is not established by the law of the subject of the Russian Federation), executive bodies of the federal cities, federal executive body in case of development and approval of the scheme of heat supply have the right to request the corresponding data from the heatsupplying and heatnetwork organizations.

8. If the application for assignment of the status of the single heatsupplying organization is submitted by the organization which owns on the property right or other legal cause sources of heat energy with the largest working thermal power and thermal networks with the greatest reservoir in borders of zone of activities of the single heatsupplying organization, the status of the single heatsupplying organization is given to this organization.

Indicators of working capacity of sources of heat energy and reservoir of thermal networks are determined based on data of the scheme (the draft of the scheme) of heat supply of the settlement, city district.

9. If applications for assignment of the status of the single heatsupplying organization are submitted from the organization which owns on the property right or other legal cause sources of heat energy with the largest working thermal power, and from the organization which owns on the property right or other legal cause by thermal networks with the greatest reservoir in borders of zone of activities of the single heatsupplying organization, the status of the single heatsupplying organization is given to that organization from specified which has the largest size of equity. If the sizes of equities of these organizations differ no more than for 5 percent, the status of the single heatsupplying organization is given to the organization capable in the best measure to provide reliability of heat supply in the corresponding system of heat supply.

The size of equity is determined by data of the accounting records constituted on the last reporting date before application for assignment of the organization of the status of the single heatsupplying organization with mark of tax authority about its acceptance.

10. Capability in the best measure to provide reliability of heat supply in the corresponding system of heat supply it is determined by availability at the organization of technical capabilities and qualified personnel for adjustment, monitoring, scheduling, switchings and operational management by hydraulic and temperature conditions of system of heat supply and is proved in the scheme of heat supply.

11. If the organizations do not submit any application for assignment of the status of the single heatsupplying organization, the status of the single heatsupplying organization is given to the organization owning in the corresponding zone of activities sources of heat energy with the largest working thermal power and (or) thermal networks with the greatest thermal reservoir.

12. The single heatsupplying organization when implementing the activities shall:

conclude and perform agreements of heat supply with any consumers of heat energy who addressed it whose heatconsuming installations are in this system of heat supply on condition of observance by the specified consumers of the specifications of connection to thermal networks issued to them according to the legislation on town-planning activities;

conclude and perform delivery agreements of heat energy (capacity) and (or) the heat carrier;

conclude and perform agreements of rendering services in transfer of heat energy, the heat carrier in the amount necessary for providing heat supply of consumers of heat energy taking into account losses of heat energy, the heat carrier by their transfer.

12(1). In the settlements, city districts carried to price zones of heat supply according to the Federal Law "About Heat Supply" (further - price zones of heat supply), the single heatsupplying organization when implementing the activities, except obligations, stipulated in Item 12 these rules, also shall:

before the end of transition period in price zones of heat supply (further - transition period) to develop and post on the official site on the Internet the quality standards of servicing by the single heatsupplying organization of consumers of heat energy and standards of interaction of the single heatsupplying organization with the heatsupplying organizations owning on the property right and (or) other legal cause sources of heat energy and also to send these standards to territorial antimonopoly authority;

realize the actions for construction, reconstruction and (or) upgrade of objects of heat supply necessary for development, increases in reliability and energy system effectiveness of heat supply determined for it in the scheme of heat supply according to the list and with terms which are specified in the scheme of heat supply;

provide observance of parameter values of quality of heat supply of the consumers and parameters reflecting admissible breaks in heat supply, in zone of the activities according to these rules;

perform the quality standards of servicing by the single heatsupplying organization of consumers of heat energy and standards of interaction of the single heatsupplying organization with the heatsupplying organizations owning on the property right and (or) other legal cause sources of heat energy;

post information on the activities on the official site on the Internet.

13. The organization can lose the status of the single heatsupplying organization in the following cases:

non-execution or improper execution of obligations on payment of heat energy (capacity), and (or) the heat carrier, and (or) services in transfer of heat energy, the heat carrier provided by conditions the specified in paragraphs three and the fourth Item 12 of these rules of agreements, in the amount of, exceeding amount of such obligations for 2 settlement periods, or systematic (3 and more times within 12 months) non-execution or improper execution of other obligations provided by conditions of such agreements, or numerous (2 and more times within one calendar year) antitrust violation, including in case of distribution of thermal loading in system of heat supply. The fact of non-execution or improper execution of obligations shall be confirmed with the decisions of federal antimonopoly authority, and (or) its territorial authorities, and (or) courts which took legal effect;

acceptance in accordance with the established procedure decisions on reorganization (except for reorganization in the form of accession when other reorganized organizations, and also reorganization in the form of transformation join the organization having the status of the single heatsupplying organization) or liquidations of the organization having the status of the single heatsupplying organization;

adoption by Arbitration Court of the decision on recognition of the organization having the status of the single heatsupplying organization, the bankrupt;

the termination of the property right or ownership of the property specified in the paragraph the second Item 7 of these rules on the bases, stipulated by the legislation the Russian Federation;

discrepancy of the organization having the status of the single heatsupplying organization to provide to the criteria connected with the equity size, and also capability in the best measure reliability of heat supply in the corresponding system of heat supply;

submission by the organization of the statement for the termination of implementation of functions of the single heatsupplying organization.

14. Persons whose rights and legitimate interests are violated on the bases provided by the paragraph the second or federal antimonopoly authority and (or) its territorial authorities in case of decision making about numerous antitrust violation including in case of distribution of thermal loading in system of heat supply, without delay inform on it the head of local administration of the residential location, city district, the head of local administration of the municipal district (concerning the rural settlements located in the territory of the respective municipal district if other is not established by the law of the subject of the Russian Federation), federal executive body for adoption of the decision on deprivation of the organization of the status of the single heatsupplying organization by them. The decisions of federal antimonopoly authority, and (or) its territorial authorities, and (or) courts which took legal effect shall be attached to the specified information.

The authorized officer of the organization having the status of the single heatsupplying organization shall notify the head of local administration of the residential location, city district, the head of local administration of the municipal district (concerning the rural settlements located in the territory of the respective municipal district if other is not established by the law of the subject of the Russian Federation), federal executive body on origin the specified in paragraphs three - the fifth Item 13 of these rules of the facts which are the basis for deprivation of the organization of the status of the single heatsupplying organization within 3 working days from the date of adoption in accordance with the established procedure of the decision on reorganization, liquidation, recognitions of the organization by the bankrupt, the terminations of the property right or ownership of property of the organization.

15. The organization having the status of the single heatsupplying organization, the having the right tax to the head of local administration of the residential location, city district, the head of local administration of the municipal district (concerning the rural settlements located in the territory of the respective municipal district if other is not established by the law of the subject of the Russian Federation), in federal executive body the statement for the termination of implementation of functions of the single heatsupplying organization, except as specified, if the status of the single heatsupplying organization is given according to Item 11 of these rules. The application for the termination of functions of the single heatsupplying organization shall be submitted till August 1 of the current year. "In case of violation of the specified term the statement for the termination of functions of the single heatsupplying organization is not subject to consideration.

16. The head of local administration of the residential location, city district, the head of local administration of the municipal district (concerning the rural settlements located in the territory of the respective municipal district if other is not established by the law of the subject of the Russian Federation), federal executive body shall make the decision on deprivation of the organization of the status of the single heatsupplying organization within 15 working days from the date of obtaining from persons whose rights and legitimate interests are violated on the bases provided by the paragraph the second Item 13 of these rules, or federal antimonopoly authority and (or) its territorial authorities in case of decision making about numerous antitrust violation including in case of distribution of thermal loading in system of heat supply, the decisions of federal antimonopoly authority, and (or) its territorial authorities, and (or) courts which took legal effect, and also receipts of the notification (statement) from the organization having the status of the single heatsupplying organization in the cases provided by paragraphs third - the seventh Item 13 of these rules.

If the single heatsupplying organization is determined on several systems of heat supply, the head of local administration of the residential location, city district, the head of local administration of the municipal district (concerning the rural settlements located in the territory of the respective municipal district if other is not established by the law of the subject of the Russian Federation), federal executive body makes the decision on deprivation of the organization of the status of the single heatsupplying organization only in those zones of activities determined according to the scheme of heat supply in which the fact of non-execution or improper execution of obligations by the single heatsupplying organization is confirmed with the decisions of federal antimonopoly authority, and (or) its territorial authorities, and (or) courts which took legal effect according to the paragraph to the second Item 13 of these rules, or concerning which the organization submits the application for the termination of implementation of functions of the single heatsupplying organization according to the paragraph the seventh Item 13 of these rules.

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