OREANDA-NEWS. May 26, 2014. Moscow Arbitration Court confirmed legitimacy and reasonableness of FAS decision with regard to “Kubanenergo” OJSC.

On 8th August 2013, FAS found that “Kubanenergo” OJSC violated the antimonopoly law by failure to exercise technological connection with the applicants in Sochi (a violation of Part 1 Article 10 of the Federal Law “On Protection of Competition”).

“Kubanenergo” OJSC failed to execute technological connection of over 65 physical persons and legal entities to electric networks in Sochi within the statutory period.

Complaints from those physical persons and legal entities were also considered by the Commission for technological connection of power-receiving devices of electric power consumers to power grid facilities in Sochi resort city – municipal district during organization of the XXII Winter Olympic Games and the XI Winter Paralympic Games 2014.

The Commission issued recommendations on the need to execute contracts concluded before 17th July 2012, when the actual moratorium for technological connection was introduced for the period of organizing the Olympic Games and also stated that violations of the current law on technological connection were prohibited.

In spite of official instructions from the Commission about violations, FAS continued receiving complaints about “Kubanenergo” OJSC infringing the applicants’ rights.

The Commission issued a determination to “Kubanenergo” OJSC to stop violating the antimonopoly law.

Reference:

Under Sub-Clause “b” Clause 16 of the Rules of Technological Connection of power-receiving devices of electric power consumers, electric power generation facilities, as well as power grid facilities that belong to network organizations and other persons, to electric grids, approved by No. 861 Decree of the Government of the Russian Federation of 27.12.2004 (further on referred to as the Rules).

The period for executing technological connection cannot exceed:

15 working days (if a longer period is not specified in an application) – for the applicants specified in Clause 13 of the Rules of the distance from a power-receiving device of an applicant to the existing electric mains of the required voltage class does not exceed 300 meters

6 months – for the applicants specified in Clauses 12.1, 14 and 34 of the Rules, in case of technological connection to electric networks with voltage up to 20 kW inclusive if the distance from the existent electric network of the required voltage class to the boundaries of an applicant’s plot, where the connected electric-power devices are located, does not exceed 300 meters in towns and urban settlements and 500 meters in rural areas

1 year – from the applicants with the maximum capacity of their power-receiving devices not exceeding 670 kW, if shorter periods are not provided under a relevant investment programme or an agreement between the parties

2 years – for the applicants with the maximum capacity of power-receiving devices no less than 670 kW, if other periods (but no longer than four years) are not provided for under a relevant investment programme or an agreement between the parties.