ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 11, 2017 No. 1365

About introduction of amendments to some acts of the Government of the Russian Federation concerning assignment to the organizations of the status of the guaranteeing supplier

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to acts of the Government of the Russian Federation concerning assignment to the organizations of the status of the guaranteeing supplier.

2. Determine that in case of determination of the fact of availability of the circumstance provided by the paragraph the eighth Item 202 of Basic provisions of functioning of the retail markets of electrical energy approved by the order of the Government of the Russian Federation of May 4, 2012 No. 442 "About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy" the debt of the guaranteeing supplier to the network organization for fee for transfer of electrical energy confirmed with the court resolutions which took legal effect, and extinguished before entry into force of Item of 2 changes approved by this resolution is not considered. Provisions of this Item are not applied to the guaranteeing supplier concerning whom within 24 months preceding the date of entry into force of this resolution the court resolutions confirming non-execution or improper execution by this guaranteeing supplier of obligations on fee on transfer of electrical energy before the network organization which renders to such guaranteeing supplier of service in transfer of electrical energy for the benefit of the consumers serviced by it in its zone of activities, in the amount of 2 billion rubles and more took legal effect.

3. To the Ministry of Energy of the Russian Federation within 3 months to bring the regulatory legal acts into accord with this resolution.

4. The Item of 2 changes approved by this resolution becomes effective after month from the date of official publication of this resolution.

Approved by the Order of the Government of the Russian Federation of November 11, 2017 No. 1365

Changes which are made to acts of the Government of the Russian Federation concerning assignment to the organizations of the status of the guaranteeing supplier

1. The paragraph the fifth Item 37 of Rules of the wholesale market of electrical energy and capacity approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172 "About approval of Rules of the wholesale market of electrical energy and capacity and about introduction of amendments to some acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity" (The Russian Federation Code, 2011, No. 14, Art. 1916; 2017, No. 29, of the Art. 4372) to state in the following edition:

"the terminations at the organization of the status of the guaranteeing supplier for all zones of activities concerning which such organization registers groups of points of delivery in the wholesale market if at the same time it ceases to conform to requirements imposed to subjects of the wholesale market;".

2. In Basic provisions of functioning of the retail markets of electrical energy approved by the order of the Government of the Russian Federation of May 4, 2012 No. 442 "About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy" (The Russian Federation Code, 2012, No. 23, Art. 3008; 2013, No. 1, Art. 68; No. 15, Art. 407; 2015, No. 5, Art. 827; No. 23, Art. 3312; No. 37, Art. 5153; 2016, No. 42, Art. 5942; 2017, No. 1, Art. 178; No. 23, Art. 3323; No. 29, Art. 4372):

a) the paragraph the ninth Item 9 after words" (further - authorized body of the subject of the Russian Federation)," to add with the words "and the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of fuel and energy complex (further-authorized federal body)";

b) in paragraph six of Item 15 of the word "the federal executive body performing functions on development of state policy in the field of fuel and energy complex (further-authorized federal body)" shall be replaced with words "authorized federal body";

c) in paragraph three of Item 199 of the word "with paragraphs the ninth-the eleventh Item 202 of this document" shall be replaced with words "with paragraphs the seventeenth - the nineteenth Item 202 of this document";

d) in Item 202:

after the paragraph of the seventh to add with paragraphs of the following content:

"non-execution or improper execution by the organization having the status of the guaranteeing supplier, obligations on fee on transfer of electrical energy which led to formation of the debt determined according to the paragraph the ninth this Item to the network organization which renders to such guaranteeing supplier of service in transfer of electrical energy for the benefit of the consumers serviced by it in its zone of activities, in the amount of, equal to the double size of average monthly size of obligations of the guaranteeing supplier on fee on transfer of electrical energy or exceeding such double size, irrespective of obligation fulfillment on fee on transfer of electrical energy.

In case of factual determination of availability of the circumstance provided by the paragraph the eighth this Item the debt to the network organization for fee on transfer of electrical energy increased by coefficient 0, confirmed with the court resolutions which took legal effect and formed within 24 months preceding month in which the network organization provided the information and documents provided by paragraphs the tenth - the fifteenth Item 203 of this document is considered. In case of factual determination of availability of the circumstance provided by the paragraph the eighth this Item the debt concerning which under the terms of the voluntary settlement approved by court delay or extension of the deadline for executing by the guaranteeing supplier of the obligation on fee on transfer of electrical energy is provided is not considered.

For the purpose of establishment of the circumstance provided by the paragraph the eighth this Item, the average monthly size of obligations on fee on transfer of electrical energy (Robyaz) is determined by formula:

where:

Spost - the cost of services in transfer of electrical energy specified in the invoices for payment of actually rendered services in transfer of electrical energy (other documents containing the requirement about fee for transfer of electrical energy) exposed by the network organization to the guaranteeing supplier for settlement periods for which at the guaranteeing supplier the debt to the network organization determined according to the paragraph the ninth this Item was formed received by the guaranteeing supplier;

n - the number of months in the period for which the cost of services in transfer of electrical energy (Spost) is determined and for which at the organization having the status of the guaranteeing supplier the debt to the network organization determined according to the paragraph the ninth this Item was formed.

In case of approach of the circumstance provided by the paragraph the eighth this Item, the authorized federal body makes decisions on assignment of the status of the guaranteeing supplier of the territorial network organization according to Item 205 of this document and on carrying out tender on assignment of the status of the guaranteeing supplier only on zone of activities of the guaranteeing supplier in which borders power receiving devices of the consumers serviced by it concerning which services in transfer of electrical energy by the network organization before which such guaranteeing supplier had debt on payment of these services are rendered are located.";

word in paragraph ten "in paragraph nine" shall be replaced with words "in the paragraph the seventeenth";

word in paragraph eleven "in paragraph nine" shall be replaced with words "in the paragraph the seventeenth";

e) in Item 203:

in the paragraph the second shall be replaced with words the words "with paragraphs the ninth-the eleventh" "with paragraphs the seventeenth - the nineteenth";

add with paragraphs of the following content:

"the network organization before which the guaranteeing supplier had debt on fee on transfer of electrical energy.

The network organization before which the guaranteeing supplier had debt shall provide the following information and documents (originals or copies certified by the authorized person of the network organization) confirming approach of the circumstance provided by the paragraph the eighth Item 202 of this document:

the statement of the network organization containing the data specifying availability of the circumstance provided by the paragraph the eighth Item 202 of this document, including the size of debt of the guaranteeing supplier to the network organization for fee for transfer of the electrical energy confirmed with the court resolutions which took legal effect, and also calculation of the size of average monthly size of obligations of the guaranteeing supplier for fee for transfer of electrical energy;

the agreement under which the guaranteeing supplier violated obligations on fee on transfer of electrical energy (in the presence);

the court resolutions which took legal effect confirming non-execution or improper execution by the guaranteeing supplier of the obligation on fee on transfer of electrical energy and also the writs of execution issued based on the specified court resolutions (in the presence);

invoices for payment of services in transfer of electrical energy (other documents containing the requirement about fee for transfer of electrical energy) exposed by the network organization to the guaranteeing supplier for settlement periods for which at the guaranteeing supplier the debt to the network organization determined according to the paragraph the ninth Item 202 of this document, and also documents confirming the fact and the date of receipt by the guaranteeing supplier of such invoices for payment (other documents) was formed;

the documents confirming the power of the person which signed the specified documents on behalf of the network organization.";

e) in Item 204:

third to declare the paragraph invalid;

add with paragraphs of the following content:

"Market Council within 15 working days from the date of obtaining from the network organization of data and documents on approach of the circumstance provided by the paragraph the eighth Item 202 of this document sends to authorized federal body the conclusion about possibility of factual determination of availability of the circumstance provided by the paragraph the eighth Item 202 of this document proceeding from the data and documents provided by the network organization.

In case of receipt of data and documents on approach of the circumstances provided by paragraphs the second - the seventh Item 202 of this document, the authorized federal body within 5 working days from the date of receipt of the data and documents specified in this Item by it makes the decision on assignment of the territorial network organization of the status of the guaranteeing supplier taking into account requirements, stipulated in Item the 205th this document.

In case of obtaining from the network organization of data and documents on the approach of the circumstance provided by the paragraph the eighth Item 202 of this document, authorized federal body taking into account the conclusion of the tender committee created according to the procedure, determined by Items 210 and 211 of this document, within 35 working days from the date of receipt of data and documents by it, the specified in paragraphs one and the second this Item, makes the decision on assignment of the territorial network organization of the status of the guaranteeing supplier taking into account requirements, stipulated in Item the 205th this document.

The authorized federal body within 5 working days from the date of obtaining from the network organization of data and documents on approach of the circumstance provided by the paragraph the eighth Item 202 of this document sends to the guaranteeing supplier these data and documents.

The guaranteeing supplier within 5 working days from the date of obtaining from authorized federal body of data and documents on approach of the circumstance provided by the paragraph the eighth Item 202 of this document sends to authorized federal body the explanations concerning availability of the circumstance provided by the paragraph the eighth Item 202 of this document with appendix in need of supporting documents.

The authorized federal body within 20 working days from the date of obtaining from the network organization of data and documents on approach of the circumstance provided by the paragraph the eighth Item 202 of this document announces date of meeting of the tender committee created according to the procedure, determined by Items 210 and 211 of this document, and transfers it the data and documents specified in paragraphs ten - the fifteenth Item 203 of this document, the conclusion of Market Council about possibility of factual determination of availability of the circumstance provided by the paragraph the eighth Item 202 of this document (in the presence), and explanations of the guaranteeing supplier concerning availability of the circumstance provided by the paragraph the eighth Item 202 of this document (in the presence).

The tender committee within 10 working days from the date of receipt of the data and documents specified in paragraph nine of this Item carries out their inspection and determines the fact of availability of the circumstance provided by the paragraph the eighth Item 202 of this document.";

g) in Item 210:

the paragraph one to state in the following edition:

"210. The authorized federal body creates tender committee (with appointment of the chairman of tender committee) for the purpose of factual determination of availability of the circumstance provided by the paragraph the eighth Item 202 of this document, and carrying out tender on assignment of the status of the guaranteeing supplier.";

to add paragraph two after words of "federal antimonopoly authority" with words ", the federal executive body performing functions on development of state policy and normative legal regulation in the field of the analysis and forecasting of social and economic development, development of business activity";

third after the words "in federal antimonopoly authority" to add the paragraph with words ", in the federal executive body performing functions on development of state policy and normative legal regulation in the field of the analysis and forecasting of social and economic development, development of business activity".

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