Advanced Search

On Amendments To The Federal Law "on Electric Power Industry" And The Federal Law "on The Peculiarities Of Functioning Of The Electricity Sector In The Transition Period And On Amendments To Certain Legislative Acts Of The Russian Federation And Annulment

Original Language Title: О внесении изменений в Федеральный закон "Об электроэнергетике" и Федеральный закон "Об особенностях функционирования электроэнергетики в переходный период и о внесении изменений в некоторые законодательные акты Российской Федерации и признании утратившим

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
{ \field { \field { \field { \field { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } FEDERAL { \cs6\f1\cf6\lang1024 } { \field { \field { \field { \field { \field { \field { \field { \field { \field } } the transitional period and amendments to the some legislative acts of the Russian Federation and the recognition of certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law On Electric Power " Accepted State Duma on July 9, 2010 Approved by the Federation Council on July 14, 2010 (In the wording of federal laws dated 25.06.2012 N 93-FZ; dated 29.12.2014 N 466-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1177; 2004, N 35, 3607; 2005, N 1, article 37; 2006, N 52, sect. 5498; 2007, N 45, sect. 5427; 2008, N 29, est. 3418; N 52, sect. 6236; 2009, N 48, sect. 5711; 2010, N 11, est. 1175) the following changes: 1) in Article 3: a) to add the following new paragraphs to the sixteenth and seventeenth content: " prices (tariffs) in the electricity industry-the system of price rates on which they are implemented Calculations for electrical energy (power) as well as for services rendered in the wholesale and retail markets (further-prices (tariffs); social norm of electric energy consumption (power)-certain quantity (volume) of electric energy of energy (power) consumed by the population and assimilated thereto the categories of consumers within which and over which the supply of electric energy (s) is performed at various regulated prices (tariffs); "; b) the sixteenth-twentieth paragraph, respectively eighteenth to twenty-second; (c) the first paragraph of twenty-third paragraph should read as follows: " price zones of the wholesale market-territories, which are determined by the Government of the Russian Federation and in which the equilibrium price of the wholesale market is emerging in the the order established by this Federal Law and the rules of the wholesale market; "; g) to supplement the new paragraphs of the twenty-fourth and 25th reading: " non-price zones of the wholesale market-territories which are determined by the Government of the Russian Federation and in the boundaries of which the wholesale trade in electricity (power) is carried out at regulated prices (tariffs); systems-energy systems in the territories which are determined by the Government of the Russian Federation and whose technological connection with the Single Energy System is not available in the Russian Federation; "; (d) paragraphs of the twenty-second to thirty-second paragraphs, respectively, to be considered as paragraphs 26 to 6, respectively. -36; 2) in the tenth paragraph of article 6, paragraph 1, of the words "electric and thermal energy" should be replaced by the words "(hereinafter referred to as the activity)"; 3), article 9, paragraph 2, shall be declared void; 4) in Article 17: (a) Paragraph 1 should read: " 1. The control of the system of control operations, including the control of the compliance of the operators of the operational control of the rules of the wholesale market, is carried out by the authorized Government of the Russian Federation The executive branch, which is entitled to apply to the court for the deprivation of physical persons-controllers that have violated the procedure for dispatching management in the electric power industry, the right to carry out professional activities in the sphere Operations and Movement Control. "; b) in Article 20: (a) Paragraph 6 of paragraph 1 should read: "Ensuring consumer protection against unjustified price increases (tariffs) for electricity (power);"; (b) Paragraph 3 should be declared null and void; 6) in article 21: (a) in paragraph 1: paragraph 11 should read: " establishes criteria for the inclusion of electro-energy entities as a number Actors whose investment programmes (including identification of sources) they are approved by the federal executive authority and the executive authorities of the constituent entities of the Russian Federation, and the procedure for approval (including the procedure for coordination with the executive branch) of the constituent entities of the Russian Federation) of investment programmes and the monitoring of the implementation of such programmes; "; paragraphs 20 and 20, the first paragraph should read: " identifies a list of certain parts of the price. of the wholesale market where features are being established The operation of wholesale and retail markets; sets out the features of wholesale and retail markets in parts of the wholesale market price zones; "; paragraph 20 of the second void; paragraph twenty-eighth after the word "price" in addition to the words "and non-price"; paragraph thirtieth to be declared invalid; b) in paragraph 2: paragraphs 5 to 8 must be declared void; paragraph 9, amend to read: " establish order Definitions and applications of the guaranteeing suppliers of unregulated prices for electric energy (power); "; , paragraph 15, amend to read: " Control of the system of control dispatch control in Electricity, including control of compliance by the operators of the wholesale market rules control; "; paragraph 19, amend to read: " Approval of investment programmes of subjects Electric power industry, identified as investment The programmes of which are approved and monitored by the authorized federal executive; "; paragraph 20 should read as follows: " exercise of powers in the field of public administration the regulation of prices (tariffs) in accordance with this Federal Law and other federal laws; "; paragraph 25 to read as follows: " Definition of categories of consumers, which equate to the population and which electricity (power) is supplied by the regulated prices (tariffs); "; in) in paragraph 3: in the first paragraph of" this article "should be replaced with the words" by this Federal Law "; paragraph 6 should be repealed; g) in paragraph 4: Paragraph 4 is no more effective; paragraph 5 to read as follows: " Approval of investment programmes of electric energy subjects, classified as subjects whose investment programmes OF THE PRESIDENT OF THE RUSSIAN THE RUSSIAN FEDERATION, AND THE Control of the implementation of such programmes; "; paragraphs 7 to 11 and seventeen-twenty-first, to recognize lapel in force; 7) Article 22: , to read: " Article 23. Principles and methods of state price regulation (tariffs) in the electricity industry 1. State regulation of prices (tariffs) is carried out in the manner determined by the pricing of regulated prices (tariffs) in the electricity industry and the rules of state regulation (revision, application) of prices (tariffs) in electric power industry approved by the Government of the Russian Federation. At the same time, regulated prices (tariffs) can be set both in numerical terms and in the form of formulas or the order of determination of such prices. 2. The following basic principles should be observed in the state price (tariffs) regulation: determining the economic reasonableness of the planned (calculated) costs and profits in the calculation and approval of prices (tariffs); Support the economic feasibility of commercial organizations for the production, transmission and marketing of electric energy; for the period of validity of previously approved prices (tariffs); account for compliance with the requirements of the Energy Conservation and Energy Efficiency Law, including the requirements for the development and implementation of energy efficiency and energy efficiency programmes, Organization of accounting and control of energy resources used, reduction of energy resources losses; ensuring openness and accessibility for consumers, including the population, tariff regulation process; must be taken into account by organizations that implement regulated activities, volume of products (services), income and expenditures for the production, transmission and marketing of electric energy. 3. In the case of state regulation of prices (tariffs) in the electricity industry, the balance of economic interests of suppliers and consumers of electric energy is achieved, ensuring the availability of electric energy in the return of capital, invested, and used in the spheres of activity of electric power units, where the state regulation of prices (tariffs) is applied, in full, taking into account the economically justified level of profitability of invested capital under the terms of reference for of the Convention on the Rights of the The scope of the assets and the invested and used capital. 4. State regulation of prices (tariffs) in the electricity industry can be implemented on the basis of long-term regulatory parameters of the activities of the respective organizations for a period of not less than five years (for a period not less than three years at the time of establishment For the first time, these prices (tariffs), their ceilings) are in the order established by the Government of the Russian Federation. The long-term parameters of state regulation of prices (tariffs) in the electricity industry also include the level of reliability and quality of the mentioned goods (services) corresponding to the long-term investment programs of the organizations, (b) Implementing regulated activities, changes in the costs associated with the supply of relevant goods (services), the size of the invested capital, the rate of return, the timing of the return of invested capital and other parameters. Other long-term regulatory parameters derived from the comparison of analogues and other methods may be used for such regulation. State regulation of prices (tariffs) for electricity transmission services provided by the organization for the management of a single national (all-Russian) electrical network as of 1 January 2010, for transfer services Electricity supplied by the territorial network companies created as a result of reforming joint-stock companies in energy and electrification since 1 January 2011 is implemented only in the form of long-term tariffs The basis of the long-term parameters for regulating the activities of such organizations, The number using the method of return of invested capital (the method of return of the invested capital). Such organizations are obliged to ensure that the indicators of reliability and quality of the goods supplied are achieved, as determined in accordance with the procedure established by the Government of the Russian Federation. Long-term tariffs and long-term parameters for regulating the activities of such organizations are subject to adjustment in the absence of reliability and quality indicators in accordance with the procedure established by the Government of the Russian Federation. The transition to the regulation of prices (tariffs) for electricity transmission services provided by such organizations, in the form of long-term tariffs based on long-term parameters of regulation of such organizations, is carried out with 1 January 2010. The Government of the Russian Federation determines the dates of the transition during 2010. State regulation of prices (tariffs) for electric energy services rendered by other territorial networks since 1 January 2012 is implemented only in the form of long-term tariffs The basis of the long-term parameters for regulating the activities of such organizations, including the application of the method of return on invested capital. Such organizations are obliged to ensure that the indicators of reliability and quality of the goods supplied are achieved, as determined in accordance with the procedure established by the Government of the Russian Federation. Long-term tariffs and long-term parameters for regulating the activities of such organizations are subject to adjustment in the absence of reliability and quality indicators in accordance with the procedure established by the Government of the Russian Federation. The transition to the regulation of prices (tariffs) for electricity transmission services provided by such organizations, in the form of long-term tariffs based on long-term parameters of regulation of such organizations, is carried out with 1 January 2011. The Government of the Russian Federation has the right to determine the list of organizations and entities of the Russian Federation in which other methods of regulation apply. The method of calculation and determination of the level of return on capital invested and used in the fields of activity of the electric power entities in which the state price regulation (tariffs) is applied is determined in the order, by the Government of the Russian Federation. The choice and application of state price (tariff) methods in the electricity industry are implemented in the manner determined by the basis of pricing in regulated prices (tariffs) in the electricity industry and the rules State regulation (review, application) of prices (tariffs) in the electricity industry, approved by the Government of the Russian Federation. 5. The validity of the approved prices (tariffs) may not be less than twelve months unless otherwise determined by the decision of the Government of the Russian Federation. When setting preferential prices for individual consumers (tariffs) for electric energy (power) provided by the legislation of the Russian Federation, there is no increase in the price (s) for electric energy (power) for individual consumers. Other users. State regulation of prices (tariffs) can be carried out separately for the electricity supplied to the population and the equivalent categories of consumers, within the social standard of consumption and in excess of social consumption. The rules of consumption in the procedure established by the Government of the Russian Federation. The social norm of electric energy consumption (capacity) is established by the authorized body of the State authority of the constituent entity of the Russian Federation. "; 9) to supplement article 23-1 as follows: " Article 23-1. State regulation of prices (tariffs) on wholesale and retail markets 1. State regulation in the electricity industry is subject to the price (tariffs) for electric energy (power) and on services rendered in the wholesale and retail markets, in accordance with this Federal Law. 2. State regulation in the wholesale market is subject to: prices (tariffs) for electric energy supplied under the conditions of restriction or absence of competition, which can be regulated in the cases and in the order that are provided for in Article 23-3 of this Federal Law; prices (tariffs) for electric energy (capacity) and (or) limit (minimum and (or) maximum) price levels (tariffs) and mark-up (in cases) THE RUSSIAN FEDERATION By the Government of the Russian Federation); prices (tariffs) for electric energy (power) supplied in wholesale market price zones by wholesale market players-electric power producers (power) by contracts concluded in According to the legislation of the Russian Federation, with guaranteeing suppliers (energy saving organizations, utilities, the number of electric power purchasers (power) of which are the population and (or) assimilated to the consumer categories) for consumption by the population and/or assimilated consumer groups, as well as with certain Governments of the Russian Federation, wholesale market entities-consumers of electric energy (s) operating in individual parts of the wholesale market price zones, for which the Government of the Russian Federation has established the peculiarities of wholesale and retail markets; prices (tariffs) or limits (minimum and (or) maximum) price levels (tariffs) for electrical energy (power) supplied in non-price zones Wholesnating market; mark-up added to the equilibrium price of the wholesale market to determine the price of electric energy produced on renewable energy sources of qualified generation facilities; a premium for the power price and/or the equilibrium price of electricity installed and applied in accordance with the procedure established by the Government of the Russian Federation for partial compensation of the cost of power and (or) Electric Power of the Wholeseers-Producers of the Russian Federation, which is located in the territory of the constituent entities of the Russian Federation, which does not have administrative boundaries with other constituent entities of the Russian Federation and does not belong to the territories of the Russian Federation. 3. In the retail markets, state regulation is subject to: prices (tariffs) for electric energy when introducing state regulation in emergency situations, in accordance with Article 23-3 of this Federal Law; prices (tariffs) and marginal (minimum and (or) maximum) levels of prices (tariffs) for electric energy (power) supplied to the population and related categories of consumers; prices (tariffs) and marginal (minimum and (or) maximum price levels for electricity (power) supplied to customers in the retail markets in territories not connected to the wholesale market price zones, except for electricity (capacity) supplied to the population and related categories of consumers; marketing premiums to guarantee suppliers; prices (tariffs) or marginal (minimum and (or) maximum) price levels (tariffs) for electricity (power) produced on the basis of use the renewable energy sources of qualified generating facilities and The amount claimed for loss in electrical networks. 4. The State regulation at wholesale and (or) retail markets is subject to: prices (tariffs) for services to ensure systemic reliability and to ensure the withdrawal of the Unified Energy System of Russia from emergency situations (in the case of OF THE PRESIDENT OF THE RUSSIAN FEDERATION for power management in technology mode management The work of electric power plants and power-receiving devices of consumers of electric energy, operation of the technological infrastructure of wholesale and retail markets; limits (minimum and (or) maximum) price levels (tariffs) for services of the operation and control management in the electricity sector in terms of the organization of the selection of performers and payment of services to ensure systemic reliability, services to ensure the withdrawal of the Unified Energy System of Russia from of emergency situations, technological reserve services { \field { \field { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } The right of ownership or other legal basis for territorial network organizations, as well as limits (minimum and (or) maximum) levels of such prices (tariffs). State regulation is to be paid for technological adherence to the unified national (all-Russian) electrical network, to the electrical networks of territorial network organizations and (or) standardized tariff rates, defining its value. 5. The lists of prices (tariffs) subject to State regulation are exhaustive in paragraphs 2 to 4 of this article. 6. Limits (minimum and (or) maximum) price levels for electric energy supplied to consumers in the retail market are set by the federal executive authority in the area of tariff regulation within a certain period of time. The Government of the Russian Federation. The above limits (minimum and (or) maximum) price levels (tariffs) may be set for more than one year with a calendar breakdown by consumer category (purchasers), taking into account regional and other characteristics. When setting the specified price ceilings (tariffs), account is taken of the long-term rates established for regulated entities, long-term parameters for regulating the activities of the organizations concerned, The obligations of the concession agreements, the objects of which are the electrical system. The executive authorities of the constituent entities of the Russian Federation in the field of State regulation of tariffs within the time limit set by the Government of the Russian Federation set prices (tariffs) for electric energy (power); To customers in the retail market, including the population and related categories of consumers, within these limits of prices (tariffs). If the limit (minimum and (or) maximum) price levels for electricity (power) are changed by the Federal Executive in the regulation of tariffs in less than one calendar month before The executive authorities of the constituent entities of the Russian Federation in the field of state regulation of tariffs make decisions on the setting of prices. (tariffs) on electrical energy (power) according to modified limit levels and their previous decisions on the setting of prices (tariffs) for electrical energy (power) in accordance with the decisions to modify the specified price ceilings (tariffs) in accordance with the procedure established by the The Government of the Russian Federation. 7. The decision on the exceedance of the limits of prices (tariffs), if such excess is due to the size of investment programs of the electric power entities approved in accordance with the procedure established by the Government of the Russian Federation The executive authorities of the constituent entity of the Russian Federation in the field of State tariff regulation alone and do not need to coordinate with the federal executive authority in the area of tariff regulation. Decision of the executive branch of the subject of the Russian Federation in the field of state regulation of tariffs on the approval of prices (tariffs) set at the level above or below the minimum level established The federal executive authority in the area of tariff regulation shall be subject to approval by the federal executive body in accordance with the procedure established by the rules of state regulation (revision, application). prices (tariffs) in the electricity industry, before the decision is taken OF THE PRESIDENT OF THE RUSSIAN FEDERATION Agreement with the Federal Executive in the regulation of tariffs of the said decision shall be carried out within 30 calendar days from the date of the application by the executive branch of the constituent entity of the Russian Federation in the region. State regulation of tariffs. In case the executive branch of the constituent entity of the Russian Federation (tariffs) for electric energy (power) for the population and related categories of consumers is set at a level above the maximum or below The minimum level in violation of the procedure established by this Federal Law or the price (s) for electricity (power) is not in line with the limit (minimum and (or) maximum) price levels (tariffs) for electrical energy (power) for the population and related categories In the territory of the Russian Federation until the price (tariffs) were set in accordance with the legislation of the Russian Federation by the Russian Federation The executive authorities of the constituent entity of the Russian Federation in the field of state regulation of tariffs are subject to the application of the maximum price limit set by the federal executive authority in the area of tariff regulation (tariffs) Electric power (power) for the population and assimilated to The categories of consumers, taking into account the characteristics of the pricing of electric energy (power) consumed by the population and related categories of consumers. In case of exceeding the size of the executive authorities of the constituent entities of the Russian Federation in the field of state regulation of tariffs for electric energy supplied to the population and equated to it to consumers, to the services of natural monopolies exceeding the established limits, additional costs to consumers financed from the budgets of the respective levels, and the costs associated with the payment of additional subsidies to the population, consolidated budget of the entities of the Russian Federation. The executive authority of the constituent entity of the Russian Federation operates in accordance with the provision on the executive authority of the constituent entity of the Russian Federation in the field of public administration. The regulation of tariffs approved by the supreme executive body of the constituent entity of the Russian Federation and drawn up on the basis of a model provision approved by the Government of the Russian Federation. Decision of the executive branch of the subject of the Russian Federation, adopted by him exceeding the powers established by this Federal Law, the basis for pricing of regulated prices (tariffs) in the electricity industry and The rules of state regulation (revision, application) of prices (tariffs) in the electricity industry are to be abolished in accordance with the procedure established by the Government of the Russian Federation. 8. The allowance, which is added to the equilibrium price of the wholesale market for the determination of the price of electric energy produced on the basis of the use of renewable energy sources of qualified generating facilities, shall be calculated. of the need to achieve the objectives set by the State policy in the field of energy efficiency improvement of the energy efficiency targets of the production and consumption of electric energy produced by specified generating objects. 9. In case of violation of the established procedure for the application of state regulated prices (tariffs), the subjects of the power industry and other persons who have committed such violations shall, in accordance with civil law, pay damages caused by such a violation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 10. Disputes relating to the implementation of State regulation of prices (tariffs) in the electricity industry are to be considered by the arbitral tribunal. "; 10) to be supplemented by article 23-2 as follows: Article 23-2. The peculiarities of state regulation of prices (tariffs) for services of natural monopoly in the power industry and fees for technological adherence to electric networks 1. The payment for the electricity transmission services for the electrical energy network includes: funds to offset the organization's own costs of the management of a single national (all-Russia) An electrical network for the provision of such services (cost-effective, as well as a profit that provides an economically reasonable return on the capital used in the provision of such services); provides return to owners or other legitimate owners of objects The electric grid of the single national (all-Russia) electric grid, the revenues generated by the exercise of their rights and which is reduced by the current costs of the organization for the management of a single national The (all-Russian) electrical network for the operation of the specified objects. 2. The payment for the technological affiliation of facilities for the production of electricity shall be determined in accordance with the procedure established by the Government of the Russian Federation or by the authorized federal executive authority, including by means of Application of standardized tariff rates. The charges for technological adherence and (or) the size of the standardized tariff rates are determined on the basis of the costs of the activities to be carried out by the network organization during the process of technological accession, including Construction, reconstruction of an electric grid. The charges for the technological accession of the power-receiving devices and the grid facilities may be established either in accordance with the said principles and the procedure for determining the cost of technological affiliation of the facilities For the regulation of tariffs or by the executive authorities of the constituent entities of the Russian Federation in the field of public administration, Tariff regulation in accordance with the procedure established by the Government of the Russian Federation. Costs of the process of technological accession, including the cost of the network organization for the construction and/or reconstruction of the necessary electrical grid facilities for the accession process, shall be included in the costs of the network organization which are taken into account in the setting of tariffs for electricity transmission services and (or) charges for technological adherence. It is not permitted, however, to include the costs of the network organization recorded in the establishment of tariffs for electricity transmission services, the cost of technological adherence and the costs recorded in the establishment of the technology transfer fee. Accession, tariffs for electricity transmission services. As of 1 January 2011, it is not possible to include the investment component in the cost of the development of the existing infrastructure, including the links between the facilities of territorial network organizations and objects of a single national (all-Russia) electrical network, except for the construction of electric grid objects, from existing electricity grids to attachable grids Power-receiving devices and (or) electric power facilities. The composition of the costs to be included in the fees for technological accession is determined by the federal executive authority in the area of tariff regulation. "; 11) to supplement article 23 to 3 as follows: " Article 23-3. State regulation in power generation under restriction or no competition 1. State regulation of electricity in the conditions of restriction or absence of competition may be imposed: in certain price zones of the wholesale market and (or) in the wholesale market in general, in case of temporary aggregate identification of power shortage; in territories temporarily working in isolation from Russia's unified energy system, including in parallel with the power system of a foreign state or a part of it. State regulation in the electricity industry is also introduced in emergency situations. The Government of the Russian Federation determines the procedure for the implementation of state regulation in the electricity industry. 2. The existence of a temporary cumulative deficit of electricity in individual price zones of the wholesale market and (or) in the wholesale market in general is characterized by exceedance over a certain period or in certain areas of the daily load schedule Electric energy consumption (taking into account the regulatory requirement for the energy reserve) above the level of maximum possible use in the production of electric energy (taking into account the fuel supply restrictions) generation capacity. When the temporary total shortage of electric power is terminated in certain price zones of the wholesale market and (or) in the wholesale market as a whole, the federal executive authority, authorized by the Government of the Russian Federation, It is the duty of the State to make a decision on the termination of State regulation in the electricity sector, which is carried out in accordance with the provisions of this article. "; 12), article 24 should read: Article 24. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (tariffs) 1. The Government of the Russian Federation, in accordance with the legislation of the Russian Federation on electricity: approves the pricing of regulated prices (tariffs) in the electricity industry, which define principles and methods the calculation of prices (tariffs) in the electricity industry, including the criteria for estimating the economic reasonableness of the costs included in the said prices (tariffs) and determining the level of return on invested capital used in the activities of the subjects Electricity in which State regulation is applied prices (tariffs), accounting for the results of the activity of electric power units based on the results of work for the period of validity of previously approved prices (tariffs), peculiarities of the determination of prices (tariffs) for electric energy (power) supplied to customers in technologically isolated territorial energy systems; approves the rules of state regulation (revision, application) of prices (tariffs) in the electricity industry, including the timing of their determination, exhaustive list of documentation submitted, order of Mandatory expert review of proposals and decision-making; approves the procedure for establishing long-term parameters for regulating the activities of organizations in the spheres of electric power, which, according to The legislation of the Russian Federation categores the activities of subjects of natural monopolies and (or) prices (tariffs) of certain products (services) to be regulated in accordance with the list defined by federal laws; approves the order of establishment and application of Electric energy consumption (power) standards; establishes the procedure for resolving disputes related to the establishment and application of fees for technological adherence and (or) standardized tariff rates that define The amount of this fee; establishes the procedure for the consideration of disagreements arising between the executive authorities of the constituent entities of the Russian Federation, the regulated entities and consumers, the elimination of disputes relating to the establishment and application of Technological adherence and (or) standardized tariff rates that define the value of this fee. 2. The Government of the Russian Federation or the federal executive authority in the area of tariff regulation: controls the application of state regulated prices (tariffs) in the electricity industry and conducts inspections Business activities of regulated pricing organizations in terms of reasonableness and the correct application of specified prices (tariffs); power and control in the electric power generation payment; sets the procedure for determining the amount of charges for technological adherence to electrical networks, including a set of standardized tariff rates for the determination of such charges, and the procedure for determining service tariffs transmission of electrical energy, including criteria for differentiation and (or) pricing characteristics for certain categories of electric energy consumers; approves for the purpose of price regulation (tariffs) the rules of the definition the value of assets and invested capital, including through the method of comparison of the analogues, the rules of their separate records, applied in the performance of the activity governed by the rate of return on the investment capital; approves the normative-methodical basis of the activity The executive authorities in the field of public price regulation (tariffs); is developing and approving a reporting system to be submitted to the Federal Executive in the area of tariff regulation; establishes a list of standardized tariff rates, determining the amount of the fee for technological adherence to electric networks; produces a consolidated forecast balance of production and supply of electric energy (capacity) within the framework of the Unified Energy System of Russia by subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102140440&backlink=1 & &nd=102157561 " target="contents "title=" "> dated 25.06.2012 N93-FZ sets the mark-up to the equilibrium price of the wholesale market to determine the price of electric energy produced by renewable energy sources qualified generating facilities; (Paragraph 20 is no more effective-Federal Law of December 29, 2014. N 466-FZ) sets prices (tariffs) on services to provide system reliability and services to ensure the withdrawal of the Unified Energy System of Russia from emergency situations (in the cases provided for by law OF THE PRESIDENT OF THE RUSSIAN FEDERATION The standardized tariff rates that define the amount of this pay; set prices (tariffs) for electric power transmission by single national (all-Russian) electricity network and limit (minimum and (or) maximum) price levels for electricity transmission services An electrical network belonging to the ownership or other legal basis of territorial network organizations; sets the prices (tariffs) for the services of a commercial operator; sets prices (tariffs) for services by electric power control in the electric power sector Management of the technological modes of operation of electric power and energy consumers of electric power consumers, ensuring the operation of the technological infrastructure of wholesale and retail markets; (minimum and (or) maximum) price levels for service management in the electricity sector in terms of the organization of the selection of performers and payment for systems reliability, services of the Joint Energy System of the Russian Federation capacity building services; sets prices (tariffs) for electrical energy (power) supplied in wholesale market price zones by wholesale market players-electric power producers of the Russian Federation under the laws of the Russian Federation with guaranteeing suppliers (energy consumer organizations, power supply companies, electricity purchasers (power) include the population and/or equivalent categories of consumer) in the to ensure the consumption of electrical energy by the population and/or assimilated consumer categories, as well as with the Government of the Russian Federation as wholesale market entities-electric power purchasers (power), operating in certain parts of the wholesale market price areas for which the Government of the Russian Federation has established the peculiarities of functioning of wholesale and retail markets; sets prices (tariffs) or limits (minimum and (or) maximum price levels for electricity (power) supplied to buyers in non-price zones of the wholesale market; sets prices (tariffs) for electric energy supplied under conditions of restriction or absence of competition, the regulation of which can be implemented in cases and in the manner provided for in Article 23-3 of this Federal Law; set prices (tariffs) for electric energy (capacity) and (or) their limits (minimum and (or) maximum) levels and mark-up to such prices OF THE PRESIDENT OF THE RUSSIAN FEDERATION In accordance with the procedure established by the Government of the Russian Federation; set limit (minimum and (or) maximum) price levels (tariffs) for the supplied population and related categories of consumers (power); sets limit (minimum and (or) maximum) price levels for electricity (power) supplied to customers in the retail markets, with the exception of the electrical energy (power) supplied by to the population and related categories of "Non-pricing areas of the wholesale market"; deals with disputes arising between the executive authorities of the constituent entities of the Russian Federation in the field of State regulation of tariffs, by organizations, Implementing regulated activities and consumers and makes decisions binding on, except disputes related to the establishment and application of fees for technological adherence and (or) standardized tariffs The rates that define the amount of this pay; Settlement of disputes arising from the application of fees for technological adherence to one national (Russian) electrical network and (or) standardized tariff rates that determine the value of the fee and disputes related to Establishing fees for technological adherence to the network of territorial network organizations and (or) standardized tariff rates that determine the value of the fee; monitors the application of the technology fee. accession to a single national (Russian) electrical grid and (or) standardised tariff rates determining the value of this fee; (Paragraph thirty-seventh is no longer valid-Federal Law dated 25.06.2012 N 93-FZ) monitors the level of regulated prices (tariffs) regulated by this Federal Law (tariffs) and influences their changing factors, as well as the level of unregulated prices for electricity (power) in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The executive authorities of the constituent entities of the Russian Federation in the field of State regulation of tariffs: set prices (tariffs) as specified in Article 23-1 of this Federal Law, except for prices (tariffs), regulation by the Government of the Russian Federation or by the federal executive authority in the area of tariff regulation; control the use of regulated prices (tariffs) and carry out checks on the economic activities of organizations working in the field of regulated pricing, in terms of the reasonableness of the value of the said prices (tariffs) and the correctness of their use; take part in the formation of the consolidated forecast balance of production and supply of electric energy (capacity) in Russia's Unified Energy System under the constituent entities of the Russian Federation; href=" ?docbody= &prevDoc= 102140440&backlink=1 & &nd=102157561 "target="contents" title= " "> dated 25.06.2012 N 93-FZ) monitor the level of regulated prices (tariffs) regulated by this Federal Law (tariffs) and influence their changing factors, as well as the level of unregulated prices for electric energy (power) in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The appointment and dismissal of the head of the executive power of the constituent entity of the Russian Federation in the field of State regulation of tariffs is carried out in coordination with the federal executive branch of the State. the area of tariff regulation. 5. The Federal Executive in the area of tariff regulation defines the list and conditions for providing information on the establishment, modification and application of prices (tariffs) regulated by this Federal Law, The definition and use of unregulated prices for electrical energy (power), including the frequency, manner, timing and format of the provision of such information. 6. The federal executive authority in the area of tariff regulation is entitled: to request and receive from federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, and local government bodies. Self-governance, regulated entities, commercial infrastructure organizations and necessary materials on the establishment, modification and application of prices (tariffs) governed by this Regulation Federal Law, Determination and Application of Unregulated Prices Electric energy (power) in the form specified by the specified body; Collect information on prices (tariffs) established and regulated under this Federal Law on Unregulated Prices of Electrical Energy (power), on their application. 7. The executive authority of the constituent entity of the Russian Federation in the field of State tariff regulation is entitled: to request and receive from local governments, organizations exercising regulated activities, information and necessary materials on the establishment, modification and application of prices (tariffs) governed by this Federal Law, the definition and use of unregulated prices for electric energy (power) in the form, specified by the specified authority; collect information about Prices (tariffs) established and regulated by this Federal Law on Unregulated Prices of Electric Power (Power), on their use. 8. The federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the bodies of local self-government, organizations carrying out regulated activities and the organization of commercial infrastructure are obliged to do so. To provide to the federal executive authority in the field of tariff regulation, the executive authorities of the constituent entities of the Russian Federation in the field of State regulation of tariffs on their requests, information and the necessary materials on the establishment, modification and application of prices (tariffs) regulated by accordance with this Federal Law, the definition and use of unregulated prices for electric energy (power) according to the list and conditions for the provision of this information defined by the federal executive authority In the area of tariff regulation. "; 13), article 25, paragraph 10, should read: " 10. The Federal Antimonopoly Authority, in order to monitor the state of competition in the wholesale and retail markets, takes part in the procedure for the harmonization of investment programs of electro-energy entities that meet the criteria Number of assets or volume of services provided) determined by the Government of the Russian Federation in the established order. "; 14) paragraphs 10 to 13 of article 26, paragraph 1, to be declared invalid; 15) article 27 (c) Article 28, paragraph 4, of the Constitution of the Republic of the , to read: " 4. When setting prices (tariffs) for organizations engaged in the operation of an electric grid and (or) other electric power facilities that do not own the owner, the owner of which is unknown or the ownership of which The owner refused to take into account the full cost of the operation of such facilities. These organizations bear the burden of the maintenance of such objects. "; 17), article 29, paragraph 6, should read: " 6. The relevant government-defined criteria for the investment program of electric energy subjects are approved by the federal executive authority and the executive branch of the entity, respectively OF THE PRESIDENT OF THE RUSSIAN FEDERATION The programs include the cost of improving the efficiency of the electricity industry, removing the technological limitations of the electric power supply, and increasing the capacity of electrical networks to provide power distribution by power stations, including those provided by the General Scheme of accommodation, federal targeted programmes and competitive selection of facilities. "; 18) in article 32: (a), paragraph 2 of paragraph 2, paragraph 2, should read editions: " The price of electrical energy produced by Based on the use of renewable energy sources of qualified generating facilities, is determined by adding to the equilibrium price of the wholesale market of the supplement determined by the Government of the Russian Federation "; b) add to paragraph 5 as follows: " 5. Statuative provisions of federal laws on joint-stock companies, limited liability companies on the terms of major transactions and their approval, as well as the transactions in which interest is expressed, do not are subject to transactions that are required to enter the wholesale market according to the rules of the wholesale market for the purchase and sale of electrical energy and (or) power in the wholesale market. "; 19) in article 33: (a) in Paragraph 3: paragraph seventh is declared void; paragraph The eighth preambular paragraph should read: " Enforcement of wholesale market rules and regulations by wholesale market players-participants in the circulation of electricity and (or) power, by commercial organizations. infrastructure, management of a single national (all-Russia) electrical network; "; b) paragraph 19 of paragraph 4, paragraph 4, amend to read: " Approval of compliance with the compliance procedure " wholesale market rules and regulations-participants Electric energy applications and (or) capacity, commercial infrastructure organizations, management of a single national (all-Russia) electrical network; "; 20), add the following to paragraph 5: " 5. Power entities who own or otherwise legitimately own the facility or facilities for the production of electric energy (capacity) that are attached to the Russian Unified Energy System and installed generating the power of each of which is equal to or greater than 25 MW, is obliged to implement the produced electrical energy (power) only in the wholesale market, except in cases specified by the Government of the Russian Federation. "; 21) in paragraph 3 article 37: (a) to add the following new paragraph 10 content: "The procedure for determining and applying guarantees by suppliers of regulated levels of unregulated prices for electric energy (power);"; b) to supplement paragraph 11 with the following: "The structure of unregulated prices for electric energy (capacity);"; in) the tenth paragraph is considered paragraph 12; 22) Article 40 should read as follows: Article 40. Pricing in retail markets 1. In the wholesale market price zones, suppliers carry out the sale of electrical power (capacity) (except for the volume of electrical energy (power) supplied to the population and related categories consumers) in the retail markets at unregulated prices, at no higher than the marginal levels of unregulated prices, calculated according to the basic provisions of the operation of retail markets, based on the prices of purchased suppliers Electricity and power in the wholesale market, marketing The guarantee of the supplier and the prices of services, which are inextricably linked to the process of supplying electricity to consumers. These guaranteeing suppliers determine the unregulated prices of electrical energy (power) and their limits and bring them to the customer's attention in the manner set by the main provisions of the retail operation markets. 2. The prices (tariffs) for electric energy (power) supplied from 1 January 2011 to the consumers of electricity by the energy consumer organizations that are not guaranteeing suppliers are free, are being developed under the influence of demand and Proposals and not subject to State regulation, except in cases for which this Federal Law provides for state regulation of prices (tariffs) for electrical energy (power). ". Article 2 Apply to Federal Law N 36-FZ on 26 March 2003" About the functioning of electricity in the transition period and about the introduction of changes in some legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1178; 2005, N 1, est. 4; 2006, N 17, sect. 1783; 2007, N 45, sect. 5427) the following changes: 1) in the first paragraph of Article 2 of the word "from the day of the entry into force of the full Federal Law" On electric power ":" to be replaced by the words "as of 1 January 2011:"; (2) in article 6: (a) Paragraph 2 of the first sentence should read: " Establishment of an electrical energy limit (power), the sale of which is permitted at free (unregulated) prices to each subject of the wholesale market-supplier Energy (power); "; b) paragraph 4 of Part Two "In the wholesale market price zones, wholesale market players-electric power producers (cardinality) defined by the wholesale market" In accordance with the criteria approved by the Government of the Russian Federation, the federal executive authority in the area of tariff regulation is obliged to conclude contracts for the supply of electricity in the wholesale market, in accordance with the rules of the wholesale market. Energy (s): with guaranteeing suppliers and by energy supply organizations, utilities, and the number of electric power purchasers (power) of which are the population and/or assimilated to it by decision of the Government of the Russian Federation or an authorized Federal by the executive branch of the category of consumers, to ensure, as from 1 January 2011, the electrical energy (capacity) of the population and of the said consumers; before 1 January 2015, with certain Governments of the Russian Federation by wholesale market players-electric power purchasers The wholesale and retail market price zones of wholesale and retail markets are set by the Government of the Russian Federation. The specified contracts of supply of electrical energy (power) shall be concluded for one year and shall enter into force on 1 January of the relevant year, unless otherwise stipulated in the wholesale rules for their entry into force and/or other period of validity. market. "; g) Part three is considered part three and should be redrafted as follows: " The Government of the Russian Federation shall determine the terms of the said contracts for the supply of electrical energy (capacity), taking into account the requirements of: sales of electrical energy (power) to one or more guaranteeing suppliers (energy suppliers, utilities, electric power buyers (power) to which the population and (or) assimilated to it by decision of the Government of the Russian Federation or of the federal executive authority of the category of consumers), as well as by the Government of the Russian Federation to the subjects of the wholesale market-to purchasers of electric energy (capacity) that operate in separate entities the wholesale market price areas for which the Government of the Russian Federation The Federation has established the features of wholesale and retail markets, up to 35 per cent of the electrical energy (power) produced by each such manufacturer. The amount specified is determined in accordance with the rules of the wholesale market based on the volume of electrical energy (power) of the generating companies in the consolidated forecast balance of production and supply of electric energy (power) within the Single Market. Russia's energy system for the year in which the supply of electrical energy (power) under the relevant contracts is carried out; electricity sales (capacity) under the specified contracts at prices (tariffs) as defined in OF THE RUSSIAN FEDERATION The fourth is the sixth one to be considered parts of the sixth-eighth; (e) Part 7 as part of the ninth and the first paragraph should read as follows: "The requirements of this article on separation by species" Activities do not apply to: "; , part eight-thirteenth to read as part of the tenth to fifteenth; (s), article 7, as follows: " Article 7. In the wholesale market price zones, from 1 January 2011: the sale of electrical energy (power) by each subject of the wholesale market-the supplier of electric energy (capacity) is carried out by free (Unregulated) prices, except for which this Federal Act and other federal laws provide for the regulation of prices (tariffs) for electric energy (power); organizations, energy companies sell electric power (power) consumers at free (unregulated) prices (excluding the amount of electric energy (power) supplied to the population and equated to it by the decision of the Government of the Russian Federation or its authorized federal authority the executive branch of the consumer categories). ". Article 3 Admit invalid: 1) paragraphs 6 to 9, paragraph 13 (b), paragraph 15 (b), paragraph 15, subparagraphs (25), second, forty-third-forty-sixth, seventy-eighth, eighty-fourth, eighty-seventh to ninetyfirst, ninetyseventh to one hundred and first paragraph 16, paragraphs 12 to 15, paragraph 19, paragraph 20, paragraph 20, paragraph 18, of article 2, paragraph 4, of the Federal Act N 250-FZ " On introducing amendments to certain legislative acts of the Russian Federation in connection with the implementation of the reform measures of the United States of America " of the Russian Federation " (Collection of Russian legislation, 2007, Art. 5427); 2) paragraphs 3 and 4 of Article 21 of the Federal Law of 25 December 2008 N 281-FZ "On introducing amendments to selected legislative measures". OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6236). Article 4 1. This Federal Act shall enter into force on the date of its official publication, with the exception of article 1, paragraph 20, of this Federal Act. 2. Article 1, paragraph 20, of this Federal Law shall enter into force on 1 January 2011. 3. Before 1 January 2011, the provisions of articles 23, 23 to 1 of paragraph 1, paragraphs 1 to 8 of paragraph 2, paragraphs 1 to 7 of paragraph 3, article 24, paragraph 4, of the Federal Law dated March 26, 2003 N 35-FZ " On electric power " (in the wording of this Federal Law) applies only to relations related to state regulation prices (tariffs) for 2011 and future years. 4. Since the date of the entry into force of this Federal Act, the provisions of the Federal Act of 14 April 1995 No. 41-FZ on State regulation The tariffs for electric and thermal energy in the Russian Federation " do not apply to the relations related to the state regulation of prices (tariffs) in the electric power industry for the year 2011 and beyond. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin July 26, 2010 N 187-FZ