OREANDA-NEWS. January 19, 2010. The Arbitration Court of the Tyumen Region confirmed validity of the decision and determination issued by the Office of the Federal Antimonopoly Service in the Tyumen region (OFAS Russia) that "SUENKO" OJSC violated the antimonopoly law in the electric power market (Part 1 Article 10 of the Federal Law "On Protection of Competition"), reported the press-centre of FAS Russia.

"SUENKO" OJSC evaded a contract for technological connection to electric networks with "Svetly" Sanatorium and Preventative Clinic" CJSC. When the sanatorium applied for technological connection, the company requested to present modular schemes for technological connection of energy receivers, approved by the Ministry of the Electric Power Industry of the Russian Federation.

 The sanatorium was unable to enclose such documents to its application for technical connection. At that time, and until now the Ministry of the Electric Power Industry of the Russian Federation has not approved the modular schemes, although they are included in the list of documents, which companies must adduce to their connection applications. The Commission of the Tyumen OFAS Russia investigated the case and discovered that when "SUENKO" OJSC requested the sanatorium to present the documents, the network company was aware that the sanatorium would not be able to present them.

"SUENKO" OJSC was issued a determination to forward a draft contract for technological connection to "Svetly" Sanatorium and Preventative Clinic" CJSC.

The energy company disagreed with the demission and determination of the controlling body (OFAS Russia) and filed a lawsuit. Having examined the case file, the Court fully supported the position taken by the Tyumen OFAS Russia.

"Svetly" Sanatorium and Preventative Clinic" is a medical institution. "It is aimed at provide health support to the population of our region. Therefore it is important to prevent socially important institutions suffering from actions of monopolists as it can affect ordinary people. In 2009 OFAS investigated five similar cases", said Dmitry Shalabodov, the Head of the Tyumen OFAS Russia.

Reference:
Earlier FAS Russia forwarded to its regional offices the Recommendations for investigating antimonopoly cases about technological connection to electric networks. The Recommendations emphasize that modular schemes of technological connections have not been approved and have not came into force. Therefore, when network organizations require the applicants to present a modular scheme and refuse to provide technical connection on the grounds of not presenting the schemes, they violate the antimonopoly law.