OREANDA-NEWS. March 20, 2012. “Krasnoyarsk Energy Company” Ltd. is fined seven million Rubles for unreasonably refusing to conclude a contract for technological connection by power rescheduling, reported the press-centre of FAS Russia.

On 6th March 2012, Krasnoyarsk Regional Arbitration Court upheld the order of the Federal Antimonopoly Service (FAS Russia) to impose a turnover fine upon “Krasnoyarsk Energy Company” Ltd. – over seven million Rubles.

On 30th May 2011, the FAS Commission found that “Krasnoyarsk Energy Company” Ltd. violated Part 1 Article 10 of the Federal Law “On Protection of Competition”.

Earlier FAS received a complaint from “Montazh-Stroi” Ltd. regarding power rescheduling: “Krasnoyarsk Energy Company” Ltd. had refused to conclude a contract for technological connection by power rescheduling without any economic or technological justification. The FAS Commission established that “Montazh-Stroi” Ltd. and “Krasnoyarsk Towed Vehicles Plant” OJSC concluded an agreement about power rescheduling.

Under the Rules for Technological Connection, both organizations notified “Krasnoyarsk Energy Company” Ltd. about the concluded agreement and also sent an enquiry about the costs of technological connection under special design (with necessary applications). However, “Krasnoyarsk Energy Company” Ltd. refused power rescheduling under the grounds not specified by the Rules.

FAS found that actions of “Krasnoyarsk Energy Company” Ltd. were contrary to the antimonopoly law and fined the company over seven million Rubles.

The company disagreed with the decision and filed a lawsuit.

On 28th November 2011, Moscow Arbitration Court upheld the decision and determination of FAS Russia. In March 2012, Krasnoyarsk Regional Arbitration Court also supported the conclusions of the Antimonopoly Service and upheld the fine imposed upon “Krasnoyarsk Energy Company” Ltd.

Reference:

Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits actions (omissions) of an economic entity with dominant market position, that resulted or can result in preventing, restricting, eliminating competition and (or) infringing the interests of other persons.

Under Clause 34 of the Rules for Technological Connection, applicants (except persons specified in Clause 12.1 of the Rules, connected capacity of whose energy-receiving devices is up to 15 kW inclusively, applicants specified in Clauses 13 and 14 Rules, as well as applicants connected to the facilities of the single national (all-Russian) electric network, applicants that have not paid for technological connection or have not paid in full for technological connection), that own or possess on any other legal grounds energy-receiving devices, that by 1st January 2009 were technologically connected to electric networks in accordance to the established procedures, can, upon an agreement with other owners of energy-receiving devices, reduce the volume of connected capacity (surplus, unlock the power-saving potential, etc.) own energy-receiving devices with simultaneous redistribution of the volume of connected capacity reduction to the benefit of other owners with the scope of actions of a particular main substation.