OREANDA-NEWS. September 01, 2011. The Federal Arbitration Court of the North Caucasus District confirmed legitimacy of the decision and determination issued by the Office of the Federal Antimonopoly Service in the Krasnodar region (Krasnodar OFAS Russia) regarding “NESK-Elektroseti” OJSC, reported the press-centre of FAS Russia.

The case was initiated upon petitions from physical persons. Investigating the case, the Commission of Krasnodar OFAS Russia established that the petitioners filed applications to the network organisation for concluding contracts and obtaining technical conditions for technological connection of the proposed facilities. The requested capacity in each application was 5 kW.

The network organisation suspended considering the applications on the grounds that utility networks owned by another person were located within the boundaries of the land plots of the applicants. Such approach was in breach of the Rules for Technological Connection of energy-receiving devices of consumers of electric power, power-generating facilities as well as power supply network facilities owned by network organisations and other persons, to electric networks.

Krasnodar OFAS Russia found that “NESK-Elektroseti” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition”. The company infringed citizens’ interests by failure to send within a 30-day period the filled in and signed draft contracts and technical conditions for technological connection of their facilities.

“NESK-Elektroseti” OJSC challenged the decision of the antimonopoly body through judicial proceedings.

Krasnoyarsk Regional Arbitration Court allowed the claim.

However, the 15th Arbitration Appeal Court and the Federal Arbitration Court of the North Caucasus District pronounced legitimacy of the conclusions made by Krasnodar OFAS Russia.

“NESK-Elektroseti” OJSC was fined 21.2 million Rubles.

“The ruling of the Cassation Court once again confirms legitimacy of the decision and determination issued by the antimonopoly body regarding the electric power network organisation in order to suppress the violation and protect citizens’ interests. In the OFAS opinion, this ruling is a warning to network companies that they must fully observe the Rules for technological connection to electric power networks, approved by an Order of the Government of the Russian Federation”, commented the Head of Krasnodar OFAS Russia, Ms. Rufina Degtyayova.

Reference:

The Rules for Technological Connection of energy-receiving devices of consumers of electric power, power-generating facilities as well as power supply network facilities owned by network organisations and other persons, to electric networks specify that regardless of an availability or absence of a technically possibility for technological connection on the date of an application, a network organisation must consider an application within 30 days and send a filled in and signed contracts and technical conditions for technological connection of their facilities,as well as adjust relations with other persons.