On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 22, 2016 No. AKPI16-895

About recognition of invalid formula (2) Item 11 of Chapter III "Calculation of necessary gross revenue on content of power networks" of Methodical instructions for calculation of the rates for services in transfer of electrical energy established using method of long-term indexation of necessary gross revenue, approved by the Order of Federal Tariff Service of the Russian Federation of February 17, 2012 No. 98-e

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Ivanenko Yu. G.,

in case of S.'s secretary,

with participation of the prosecutor Masalova L. F.,

having considered in proceeding in open court administrative case according to the administrative action for declaration of the municipal company "City Electric Supply Company" of the municipality "Nyandomskoye" about recognition of invalid formula (2) Item 11 of Chapter III "Calculation of necessary gross revenue on content of power networks" of Methodical instructions for calculation of the rates for services in transfer of electrical energy established using method of long-term indexation of necessary gross revenue, approved by the order of Federal Tariff Service of February 17, 2012 No. 98-e

established:

the order of Federal Tariff Service (further - Federal Tariff Service) of February 17, 2012 No. 98-e approves Methodical instructions for calculation of the rates for services in transfer of electrical energy established using method of long-term indexation of necessary gross revenue (further - Methodical instructions).

The regulatory legal act is registered in the Ministry of Justice of the Russian Federation (further - the Ministry of Justice of the Russian Federation) on February 29, 2012, registration number 23367, and No. 49 is published in "The Russian newspaper" on March 7, 2012.

Item 11 of Chapter III "Calculation of necessary gross revenue on content of power networks" of Methodical instructions determines formulas by which the necessary gross revenue on content of power networks on basic (first) and i-y year of the long-term period of regulation (thousand rubles) is calculated.

Formula (1) the necessary gross revenue on content of power networks for base (first) year of the long-term period of regulation (Nvv1sod) is accepted to the equal amount of the under control expenses considered in the base year of the long-term period of regulation (PR1), uncontrollable expenses determined by method of economically reasonable expenses for the base year of the long-term period of regulation (HP1) and results of activities of the regulated organization before transition to regulation of rates for services in transfer of electrical energy in the form of establishment of the long-term parameters of regulation of activities of such organization considered in the base year of the long-term period of regulation according to Items 7 and 32 of Bases of pricing in the field of regulated prices (rates) in power industry approved by the order of the Government of the Russian Federation of December 29, 2011 No. 1178 (further - pricing Bases) (B 1).

Formula (2) year of the long-term period of regulation (Hbbisod) proceeding from the amount determines necessary gross revenue on content of power networks on i-y:

works of the under control expenses considered in i-1 to year of the long-term period of regulation (PRI-1), on the consumer price index determined on i-y year of the long-term period of regulation (Ii) on the amount of numerical value (1) and works of coefficient of elasticity of under control expenses by quantity of the assets necessary for implementation of regulated activities, concerning the regulated organizations performing transfer of electrical energy, equal 0,75 (Cal) on the relation of difference of quantity of conventional units in i-volume (yei) and (i-1)-ohm to year (uyei-1) the long-term period of regulation to quantity of conventional units in i-volume to year of the long-term period of regulation (yei) on difference of numerical value (1) and the index of efficiency of under control expenses established by regulating authorities according to methodical instructions for determination of basic level of operating rooms under control expenses of the territorial network organizations necessary for implementation of regulated activities, and index of efficiency of operating, under control expenses using method of comparison of analogs (Xi);

the uncontrollable expenses determined by method of economically reasonable expenses for i-go of year of the long-term period of regulation (HPi);

expenses of i-go of year of the long-term period of regulation connected with compensation of unplanned expenses (with the sign "plus") or the received excess (with the sign "minus"), revealed following the results of the last expired year of the long-term period of regulation for which the actual parameter values of calculation of the rates connected with need of adjustment of the gross revenue of the regulated organizations specified in Item 9, and also expenses according to Item 10 of Methodical instructions and adjustments of necessary gross revenue according to Item 32 of Bases of pricing (In 1) are known;

works of necessary gross revenue on content of power networks on (i-2)-oh year of the long-term period of regulation (HBBi-2sod) on the lowering (raising) coefficient adjusting necessary gross revenue of the network organization taking into account reliability and quality of the made (implementable) goods (services) in year of i determined as a percentage according to Methodical instructions for calculation and application of the lowering (raising) coefficients allowing to provide compliance of price level established for the organizations performing regulated activities, to the level of reliability and quality of the delivered goods and rendered services approved by the order of Federal Tariff Service of December 26, 2010 No. 254-e/1 (registration number 18951) is registered by the Ministry of Justice of the Russian Federation on November 13, 2010 (KHK1).

No. 373 "About some questions of public administration and control in the field of anti-monopoly and tariff regulation" the Federal Tariff Service is abolished by the presidential decree of the Russian Federation of July 21, 2015, its functions are transferred to Federal Antimonopoly Service (further - FAS Russia).

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