OREANDA-NEWS. April 22, 2013. The Office of the Federal Antimonopoly Service in the Republic of Sakha (Yakutia OFAS Russia) fined “Yakutskenergo” OJSC over 15 million Rubles for unlawfully fixed charges for reactive energy (Clause 10 Part 1 Article 10 of the Federal Law “On Protection of Competition”).

In the first six months of 2012, investigating the petition of “Energia-2002” Ltd., the antimonopoly body established that every year “Yakutskenergo” OJSC independently fixed the charges (rates) for reactive energy in breach of the antimonopoly law.

“Having studied the contract conditions, regulatory acts, as well as documents collected in the course of inspection, we concluded that “Yakutskenergo” OJSC did not have legal grounds to independently fix the charges for reactive energy and no right to request the payment from “Energia-2002” Ltd. Under the current regulation, if a consumer does not observe the balance of consumption of active and reactive capacity, increasing (decreasing) coefficients shall be applied to the rates for electric power transmission services”, explained Deputy Head of Yakutia OFAS Russia, the Head of the Department for Natural Monopolies and Advertising, Sergey Firasky.

“Yakutskenergo” OJSC disagreed with the decision of Yakutia OFAS Russia and filed a lawsuit. However, the Courts of First and Second instances pronounced legitimacy of the decision made by Yakutia OFAS Russia.