OREANDA-NEWS. October 01, 2009. The Office of the Federal Antimonopoly Service in the Tomsk region (the Tomsk OFAS Russia) initiated a case for the elements of violating Article 10 of the Federal Law "On Protection of Competition" (which prohibits abusing dominant position) against "No.11 Regional Power-Generating Company" OJSC (the Tomsk branch) ("ТGK-11" OJSC). The case was initiated upon a petition of "Timiryazevo" Homeowners Association ("Timiryazevo" TSZh), reported the press-centre of FAS Russia.

In its petition, "Timiryazevo" TSZh described a fact that "ТGK-11" OJSC had attempted to force "Timiryazevo" TSZh to sign the Protocol of Agreement about Discrepancies to the Contract for use of heat energy in hot water, and to impose contract conditions upon "Timiryazevo" TSZh.

"ТGK-11" OJSC and "Timiryazevo" TSZh concluded the contract for use of heat energy in hot water; "Timiryazevo" TSZh also signed the Discrepancy Protocol. However, "ТGK-11" OJSC sent the Protocol of Agreement about Discrepancies to "Timiryazevo" TSZh, with which the Petitioner did not agree.

Regarding the calculating procedures specified in the contract, "ТGK-11" OJSC took the position that according to the Rules for accounting heat energy and the heat carrier, consumers of heat energy pay to energy suppliers on the basis of the reading of accounting meters. If no meters are installed, the amount of consumed heat energy is determined on the basis of a technique for calculating heat energy.

"Timiryazevo" TSZh disagreed with the calculation method suggested in the contract by "ТGK-11" OJSC and put in the Discrepancy Protocol that the Clause should be removed from the contract, and if a customer does not have accounting meters or the meter becomes faulty, the amount of received heating and system water should be determined according to the normative standard.

According to the Rules for providing utility services to the residents, utility is calculated on the basis of the reading of accounting meters, or if no meters are installed, on the basis of the normative standards for utilities consumption, approved by the local self-government bodies. Conditions of a contract for acquiring utility resources should not contravene these Rules and other normative legal acts of the Russian Federation.

Also the Federal Law "On Protection of Competition" prohibits actions (lack of actions) of an economic entity that has dominant market position, which have resulted or can result in preventing, restricting or eliminating competition and (or) infringing the interests of other persons.

The Tomsk OFAS Russia analyzed the retail market for supplies of heat energy in hot water in 2008 and discovered that "ТGK-11" OJSC has dominant position on this market within the geographic boundaries of Tomsk municipality. Therefore, the company can exercise decisive influence upon general conditions of the good circulation and (or) obstruct entry of other economic entities to this market.

The Tomsk OFAS Russia plans to hear the case on 2nd November 2009.