ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 31, 2006 No. 530

About approval of basic provisions of functioning of the retail markets of electrical energy

According to article 21 of the Federal law "About Power Industry" Government of the Russian Federation decides:

1. Approve enclosed:

basic provisions of functioning of the retail markets of electrical energy;

changes which are made to orders of the Government of the Russian Federation concerning functioning of the retail markets of electrical energy during transition period of reforming of power industry.

2. Ceased to be valid

3. Determine that in case of execution by joint-stock companies of power and electrification and other commercial organizations performing functions of the power supplying organizations, including the state (municipal) unitary enterprises of power industry, decisions on reorganization, on creation of affiliated joint-stock companies for types of the activities performed in the field of power industry or other decisions in pursuance of article 6 of the Federal Law "About features of functioning of power industry during transition period and about modification of some legal acts of the Russian Federation and recognition and to other public agreements signed and performed by these organizations at the time of completion of implementation of the specified decisions which voided some legal acts of the Russian Federation in connection with adoption of the Federal Law "About Power Industry" to acquirers of the rights and obligations (legal successors of the specified organizations) for all agreements of power supply shall be transferred before or along with the beginning of execution of such agreements of the information about consumers, including citizens whose power supply is performed without execution of agreements in writing, and also the documents, data and information resources providing free continuation of execution of agreements of power supply and other public agreements, collection of payment under these agreements and functioning of the control system behind consumption of electrical energy.

4. To the Ministry of Industry and Energy of the Russian Federation:

in 3-month time to approve rules of development and application of schedules of emergency restriction of the mode of consumption of electrical energy and use of antiemergency automatic equipment;

in 3-month time to approve procedure of payments of values of ratio of consumption of active and reactive capacity for separate power receiving devices (groups of power receiving devices) of the consumers of electrical energy applied to determination of obligations of the parties in service provision agreements on transfer of electrical energy (agreements of power supply);

in 6-month time to approve in coordination with Federal Antimonopoly Service and Federal Tariff Service of the rule of carrying out tenders on the right of implementation of activities as the guaranteeing supplier, including the standard tender documentation;

in 6-month time to approve in coordination with Federal Antimonopoly Service of the rule of commercial accounting of electrical energy in the retail markets of electrical energy.

5. To Federal Tariff Service in coordination with the Ministry of Industry and Energy of the Russian Federation and the Ministry of Economic Development and Trade of the Russian Federation in 4-month time to approve rules of cost determination of electrical energy (capacity) delivered in the retail market at regulated prices (rates), payments of variations of the actual amounts of consumption from contractual and also expense recoveries in connection with change of contractual amount of consumption of electrical energy.

6. Recommend to public authorities of subjects of the Russian Federation to determine in a month the authorized body of the executive authority of the subject of the Russian Federation performing the functions provided by Rules on regulation of activities of the guaranteeing suppliers.

7. Determine that the Procedure for the termination or restriction of giving of electrical and heat energy and gas to the organizations consumers in case of non-payment given them (used by them) fuel and energy resources, N1 approved by the order of the Government of the Russian Federation of January 5, 1998 (The Russian Federation Code, 1998, N 2, Art. 262; Art. N 29, 3573), is not applied to the termination or restriction of giving of electrical energy from the effective date of this resolution.

8. Recognize invalid Item 10 of the resolution of Council of Ministers of the USSR of July 30, 1988 as N929 "About Streamlining of System of the Economic (Property) Sanctions Applied to the Companies, Associations and the Organizations" (USSR Union of Writers, 1988, N 28, the Art. 77).

9. Declare invalid the order of the Government of the Russian Federation of June 22, 1999 of N664 "About Restriction or Temporary Interruption in Supply of Electrical Energy (Capacity) to Consumers in case of Origin or Threat of Emergence of Accident in Work of Utility Power Systems" (The Russian Federation Code, 1999, N 27, the Art. 3365).

10. This resolution becomes effective from the date of its official publication, except for the Section XI of Rules. The Section XI of Rules becomes effective since January 1, 2008.

11. Determine that the provisions of Item 130 of Rules determining payment procedure of services in transfer of electrical energy on supervisory control in power industry and other services which rendering is integral part of process of electric power supply to consumers become effective since January 1, 2007. Till January 1, 2007 the specified services are paid proceeding from the rates and agreements existing on the date of entry into force of this resolution.

 

Approved by the order of the Government of the Russian Federation of August 31, 2006 No. 530

Basic provisions of functioning of the retail markets of electrical energy

I. General provisions

1. This document establishes the legal basis of functioning of the retail markets of electrical energy (the daleeroznichny markets), and also determines conditions of interaction of subjects of the wholesale market of electrical energy (capacity) (further - the wholesale market) and the retail markets for the purpose of ensuring steady functioning of power industry, high-quality and reliable supply of consumers with electrical energy.

2. For the purposes of this document the used concepts mean the following:

"buyers of electrical energy" - consumers, the guaranteeing suppliers, the power sales organizations which are power supplying the organizations, the contractors of utilities and electric power producers acquiring electrical energy in the retail market for own needs and (or) for the purpose of resale (rendering utilities) and also the network organizations acquiring electrical energy for own needs and for compensation of losses of electrical energy in the power networks belonging to them on the property right or on other legal cause;

"the producer (supplier) of electrical energy" - the owner or other legal owner of the generating objects performing production of electrical energy (capacity) for the purpose of its sale or other legal entities who are owners of electrical energy (capacity) made on the generating objects, or having rights to perform its sale;

"subjects of the retail markets" - participants of the relations on production, transfer, purchase and sale and consumption of electrical energy in the retail markets, and also on rendering the services inseparably linked with process of electric power supply to consumers;

"the delivery point in the retail market" - the place in power network which is on border of balance sheet accessory of power receiving devices of the buyer (seller) of electrical energy (in borders of balance sheet accessory of objects of electric grid economy in the cases provided by rules of the wholesale market of electrical energy and capacity) or persons for the benefit of whom it acquires (sells) electrical energy, and being the place of obligation fulfillment on the delivery of electrical energy and (or) rendering services used for scoping of cross liabilities of subjects of the retail market according to purchase and sale agreements (delivery) of electrical energy, power supply, rendering services in transfer of electrical energy and services which rendering is integral part of process of electric power supply to consumers;

other used concepts matter, determined by the Federal Law "About Power Industry", other Federal Laws and regulatory legal acts.

3. Subjects of the retail markets are:

a) consumers of electrical energy (further - consumers);

b) the guaranteeing suppliers;

c) power sales organizations;

d) the power supplying organizations performing sale to consumers of the made or purchased electrical energy and combining these activities with activities for transfer of electrical energy (further - the power supplying organizations);

e) the contractors of utilities acquiring electrical energy for the purpose of rendering utilities to citizens;

e) network organizations and other owners of objects of electric grid economy;

g) producers (suppliers) of electrical energy which sale is not performed in the wholesale market;

h) the system operator and other subjects of supervisory control in technologically isolated territorial electric utility systems.

4. Sale of electrical energy (capacity) in the retail markets at regulated prices (rates) is performed for supply of the population and categories of consumers equated to it (further - citizens consumers).

Sale of other amounts of electrical energy (capacity) in the territories of the subjects of the Russian Federation included in price zones of the wholesale market is performed at the non-regulated prices according to the procedure, established by this document.

In the retail markets functioning in the territories of the subjects of the Russian Federation included in not price zones of the wholesale market (further - the territories included in not price zones of the wholesale market), sale of electrical energy and capacity is performed at the prices determined according to Item 62.2 of Bases of pricing concerning electrical and heat energy in the Russian Federation and rules of use of the prices (rates), cost determinations of electrical energy (capacity) realized in the retail markets at regulated prices (rates), payments of variations of the actual amounts of consumption of electrical energy (capacity) from contractual and also expense recoveries in connection with change of contractual amount of consumption of electrical energy (capacity) in the territories included in not price zones of the wholesale market (further - rules of use of the prices (rates) in the retail markets), approved by federal executive body in the field of regulation of rates.

5. The guaranteeing suppliers perform delivery of electrical energy to buyers of electrical energy in the territory of the zone of activities for public agreements of power supply or purchase and sale (delivery) of electrical energy.

6. According to the agreement of power supply the guaranteeing supplier shall perform sale of electrical energy, independently or through the involved third parties to render services in transfer of electrical energy and other services inseparably linked with process of electric power supply to consumers, and the buyer shall pay acquired electrical energy and the rendered services. Agreements of power supply are signed on identical conditions with persons whose power receiving devices are attached to power networks of the power supplying organization (the guaranteeing supplier), and with persons whose power receiving devices are attached to power networks of the network organizations and other owners of objects of electric grid economy. Services in transfer of electrical energy in the agreement of power supply are rendered according to the rules established by the legislation of the Russian Federation concerning the agreement of rendering (about rendering) services in transfer of electrical energy (further - the electrical power transmission agreement).

For proper execution of agreements of power supply the guaranteeing supplier will settle according to the procedure, established by the legislation of the Russian Federation, the relations connected with supervisory control concerning delivery points in the retail market serviced by this guaranteeing supplier of buyers of electrical energy, and also will settle the relations connected with transfer of electrical energy by the conclusion of electrical power transmission agreements with the network organizations to which power networks the corresponding power receiving devices are attached. If supervisory control and (or) transfer of electrical energy concerning delivery points in the retail market serviced by the guaranteeing supplier of the buyer of electrical energy are performed based on the agreements signed by the guaranteeing supplier on the date of entry into force of this document, the corresponding relations for the benefit of this buyer of electrical energy are considered as settled.

Representation according to agreements of power supply by the guaranteeing supplier of interests of the buyers of electrical energy serviced by it in the relations with the territorial network organizations, other owners (owners) of objects of electric grid economy and with the system operator (the subject of supervisory control in technologically isolated territorial electric utility system) does not require special powers.

7. According to the purchase and sale agreement (delivery) of electrical energy between the guaranteeing supplier and the buyer of electrical energy the guaranteeing supplier shall release (to deliver) electrical energy to the buyer, and the buyer shall pay acquired electrical energy. At the same time in the specified agreement the relations connected with supervisory control and transfer of electrical energy concerning delivery points in the retail market of the buyer of electrical energy will not be settled.

At the request of the buyer of electrical energy it can be provided in the purchase and sale agreement (delivery) of electrical energy according to which it will independently settle the relations connected with supervisory control and transfer of electrical energy concerning its points of delivery in the retail market that these relations to the conclusion are governed by the buyer of electrical energy of the relevant agreements within the agreements signed by the guaranteeing supplier.

At the request of the buyer of electrical energy the obligation of the guaranteeing supplier can be provided in the purchase and sale agreement (delivery) of electrical energy to settle the relations connected with supervisory control concerning delivery points in the retail market of the buyer. Provisions of this document are applied to the relations under such agreement if other does not follow from being of the obligation.

8. The power sales (power supplying) organizations are free in the conclusion of the agreements providing supply of consumers with electrical energy, in accordance with the legislation of the Russian Federation.

9. This document regarding regulation of the relations between producers (suppliers) of electrical energy, the power sales organizations, the network organizations and consumers when implementing production, sale of electrical energy and rendering services in transfer of electrical energy is applied to the organizations combining activities for production, sale of electrical energy and provision of services for transfer of electrical energy (including the power supplying organizations).

In case of combination of activities by the commercial organization as the guaranteeing supplier with other types of activity the specified organization shall provide separate accounting of the income and expenses on each of types of activity which it performs.

10. Interaction of the buyers of electrical energy guaranteeing suppliers and producers (suppliers) of electrical energy - subjects of the retail markets with the network organizations, including regarding connection of the corresponding power receiving devices (power plants) to objects of electric grid economy of the network organizations, is performed according to the regulatory legal acts establishing rules of non-discriminatory access to services in transfer of electrical energy and procedure for technological connection of power receiving devices (power plants) for legal entities and physical persons to power network.

11. The compulsory provision of rendering services in transfer of electrical energy is the prisoner's availability the buyer and the seller of electrical energy of the purchase and sale agreement (delivery) of electrical energy. The guaranteeing supplier, the power sales organization and the consumer whose power receiving devices are attached to power networks of the relevant network organization represent to the network organization for implementation of control over the implementation of the specified condition by it the following data:

the name of the buyer of the electrical energy transferred with use of power networks of this network organization, the legal entity (surname, name and middle name of physical person), the location of the legal entity (the residence of physical person), its points of delivery in the retail market, payment details;

data on the conclusion, on change and on agreement cancelation based on which the electric power supply to the specified buyer, and also the main terms of this agreement allowing to determine amount and the mode of giving of electrical energy is provided.

The network organizations check reliability of the data provided according to this Item.

12. For the purpose of ensuring proper execution of obligations assumed by subjects of the retail markets the network organizations perform commercial accounting of electrical energy and control its implementation by other subjects of the retail markets according to the procedure, established by this document.

13. In case of arrangement of zone of activities of the guaranteeing supplier in the territory of more than one subject of the Russian Federation the functions of authorized body of the executive authority of the subject of the Russian Federation provided present the document on regulation of activities of the guaranteeing suppliers in the territory of the specified zone can be performed by executive bodies of appropriate subjects of the Russian Federation jointly on condition of the conclusion them the relevant agreement which copy is submitted in federal executive body in the field of regulation of rates no later than 10 days from the date of its conclusion. About cancellation of the agreement and availability of other circumstances which are not allowing to determine procedure of functions of authorized body of the executive authority of the subject of the Russian Federation by regulation of activities of the guaranteeing suppliers, executive bodies of the specified subjects of the Russian Federation notify federal executive body in the field of regulation of rates no later than 10 days from the date of emergence of the corresponding circumstances.

If the specified agreement is not signed in 30 days prior to date when the first competition on the right of implementation of activities as the guaranteeing supplier be announced, or within 2 months from date when the federal executive body in the field of regulation of rates knew of cancellation of the agreement or on other circumstances which are not allowing to determine procedure of functions of authorized body of the executive authority of the subject of the Russian Federation by regulation of activities of the guaranteeing suppliers, the authorized body performing these functions is determined by federal executive body in the field of regulation of rates.

14. Expenses on payment of the electrical energy delivered by the guaranteeing suppliers to the buyers of electrical energy fully or partially financed by means of the federal budget, budgets of subjects of the Russian Federation or local budgets are annually provided in necessary amount in case of the forming of drafts of the relevant budgets according to the procedure established by the budget legislation of the Russian Federation.

15. The notifications of authorized bodies of the government and subjects of the retail markets provided by the this document go the registered mail with the assurance of receipt if other is not established by the agreement of the parties.

II. Procedure for assignment of the status of the guaranteeing supplier

16. The status of the guaranteeing supplier is given by results of open competition which is held in case of the bases provided by the this document causing possibility of change of the guaranteeing supplier (further - tender).

Concerning zones of activities of the guaranteeing suppliers, the status by which it is given according to the subitem "g" of Item 36 of this document competitions are not held.

17. Competition will be organized by authorized body of the executive authority of the subject of the Russian Federation in the territory of which the zone of activities of the guaranteeing supplier on whose right of implementation of functions competition, or federal executive body in the field of regulation of rates in stipulated in Item 23 this documents cases (tender daleeorganizator) is held is located.

18. For the purpose of carrying out tender the organizer of tender creates tender committee which approves conditions of tender and determines its results according to the this document and rules of carrying out tenders approved by the federal executive body performing functions on development of state policy in the field of fuel and energy complex. The solution of tender committee on the winner of tender or on assignment of the status of the guaranteeing supplier to the single participant of tender affirms the organizer of tender.

19. The tender committee consists at least of 5 people, join in its structure:

a) representatives of the organizer of tender;

b) representatives of federal executive body in the field of the regulation of rates and federal executive body performing functions on development of state policy in the field of fuel and energy complex - in the presence of relevant proposals;

c) representatives of executive body of appropriate subject of the Russian Federation in the field of regulation of rates (on one representative from executive bodies in the field of regulation of rates of each subject of the Russian Federation - in case of arrangement of zone of activities of the guaranteeing supplier in the territory more than one subject of the Russian Federation);

d) representatives of federal antimonopoly authority (with the right of advisory vote);

e) representatives of public associations on consumer protection (with the right of advisory vote) - in the presence of relevant proposals.

20. Ceased to be valid 

21. The notice on carrying out tender is subject to publication by the organizer of tender in mass media in which legal acts of public authorities of appropriate subject of the Russian Federation, and also are published in the Internet.

22. Ceased to be valid

23. If for decision date about carrying out tender at the buyers (buyer) of electrical energy fully or partially financed by budget funds of the Russian Federation, budgets of subjects of the Russian Federation or local budgets debt which size exceeds the amount of monetary commitments for 2 settlement periods is had to the guaranteeing supplier or if concerning the guaranteeing supplier obligations on compensation for the account of means of the relevant budgets of the privileges and subsidies provided to consumers in accordance with the legislation of the Russian Federation, the decision on carrying out tender at the scheduled time or about postponement of carrying out tender are not fulfilled (no more than for 1 year) is accepted by federal executive body in the field of regulation of rates on own initiative or based on the appeal of authorized body of the executive authority of the subject of the Russian Federation.

If authorized body of the executive authority of the subject of the Russian Federation within 30 days from decision date about carrying out competition will not be organized by its carrying out, the organization of tender is performed by federal executive body in the field of regulation of rates within 35 days after the specified term.

24. The organizer of tender provides the tender documentation to any interested person by its written request. The payment for provision of the tender documentation shall not exceed expenses of the organizer of tender on production of copies of the specified documentation and delivery to her interested persons.

25. Any commercial organization irrespective of pattern of ownership and performed by it in the retail markets of functions, meeting the following requirements can be the participant of tender:

a) the organization provides the terms of service of buyers of electrical energy corresponding to the conditions determined in the tender documentation concerning including availability of separate divisions for servicing of buyers of electrical energy (the conclusion of agreements, implementation of calculations, etc.) or the conclusion with persons having such divisions, agreements on ensuring representation of interests of the this organization in all territory of zone of activities of the guaranteeing supplier. At the same time the number of the relevant divisions shall be sufficient for realization by buyers of the obligations on payment of the consumed electrical energy. The terms of service of buyers of electrical energy determined in the tender documentation cannot be less favorable, than terms of service of buyers of electrical energy the organization performing functions of the guaranteeing supplier in current period;

b) ceased to be valid

c) the equity of the organization constitutes at least 5 percent of average monthly cost of electrical energy (capacity) acquired in the retail market at the guaranteeing supplier or the bank guarantee agreement or the insurance contract of entrepreneurial risks of the specified organization is signed with the cover amount similar to the specified equity size;

d) the financial condition of the organizations corresponds to indicators of financial condition according to the appendix N 1.

26. For the purpose of determination of the winner of tender the tender committee compares bids proceeding from the criteria provided by rules of carrying out tenders. If only one participant participated in tender and his bid corresponds to tender conditions, the status of the guaranteeing supplier is given to such participant.

27. Ceased to be valid

28. Ceased to be valid 

29. Tender is recognized cancelled if:

a) any of the submitted applications does not meet tender conditions;

b) ceased to be valid 

30. Ceased to be valid

31. Ceased to be valid 

32. The solution of tender committee on recognition of the organization by the winner of tender or on assignment of the status of the guaranteeing supplier to the single participant of tender appears no later than 10 days from date of tender.

33. By conditions of tender it is determined that the organization which by results of tender is given the status of the guaranteeing supplier before determination of other organization to which the status of the guaranteeing supplier is given by results of tender) performs functions of the guaranteeing supplier and assumes the following obligations:

a) submit documents for receipt of the status of the subject of the wholesale market no later than 10 days from the date of the announcement of results of tender if the winner of tender is not participant of the wholesale market;

b) ceased to be valid 

c) conclude with the organization which lost the status of the guaranteeing supplier and having the participation right in trade in electrical energy (capacity) in the wholesale market, the purchase and sale agreement (deliveries) of electrical energy (capacity) from the date of assignment of the status of the guaranteeing supplier before the date of receipt by the guaranteeing supplier of the participation right in trade in electrical energy (capacity) in the wholesale market on the corresponding group of points of delivery;

d) provide accomplishment of terms of service of the buyers of electrical energy accepted in accordance with the terms of tender and the bid;

e) not allow deterioration in the financial condition in comparison with control indicators of financial condition according to the appendix N1 to this document;

e) not allow decrease in the size of equity more than at 20 percent of the size specified in the bid or to properly perform the bank guarantee agreement or insurance of entrepreneurial risks of the guaranteeing supplier;

g) perform activities as the guaranteeing supplier for the remuneration equal to the sales allowance determined according to this document and Bases of pricing concerning electrical and heat energy in the Russian Federation;

h) ceased to be valid 

i) to properly fulfill obligations to suppliers of electrical energy on wholesale and the retail markets, the network organizations, the system operator, the commercial operator of the wholesale market, not to allow unpaid amount of the electrical energy acquired by it and (or) the rendered services;

j) ceased to be valid

k) provide observance of requirements of the legislation of the Russian Federation on power industry about inadmissibility of combination of activities for transfer of electrical energy and activities for supervisory control in power industry with activities for production and purchase and sale of electrical energy.

34. Subitems "a", "b", "v" and "z" of Item 33 of this document are not applied in case of carrying out tenders in the territories of technologically isolated territorial electric utility systems.

35. The guaranteeing supplier during the term of implementation of the activities in case of observance of the conditions established by the this document and the assumed liabilities can refuse implementation of the functions.

At the same time the organization continues to perform activities as the guaranteeing supplier before assignment of the status of the guaranteeing supplier in the corresponding zone of activities of other organization for results of tender or the territorial network organization if such tender is recognized as cancelled.

36. Before determination of the winner of the first tender by the guaranteeing suppliers in the territory of appropriate subject (subjects) of the Russian Federation are:

a) joint-stock companies of power and electrification and (or) the power sales organizations created as a result of reorganization of joint-stock companies of power and electrification and the rights being legal successors of such joint-stock companies under agreements of power supply or acquired and obligations under the specified agreements as a result of realization of other measures providing fulfillment of requirements of article 6 of the Federal Law "About features of functioning of power industry during transition period and about modification of some legal acts of the Russian Federation and recognition voided some legal acts of the Russian Federation in connection with adoption of the Federal Law "About Power Industry";

b) the power supplying organizations which on the date of entry into force of this document perform delivery of electrical energy of at least 50 million kW x h in year for supply of citizens consumers and (or) the budgets of different levels of consumers financed by means which power receiving devices are attached to the belonging such organizations on the property right or on other legal cause to power networks or the power sales organizations which according to the procedure of legal succession or on other legal cause acquire (acquired) the rights and obligations of such power supplying organizations for agreements of power supply;

c) the power sales organizations assuming (assumed) agreements with single business entity on rail transport of the obligation on electric power supply to consumers (legal entities and physical person) whose power receiving devices are technologically attached to the power networks belonging on the property right or on other legal cause to the specified single business entity;

d) the business entities operating objects of electric grid economy or generating the objects which are technologically not connected with Power pool system of Russia and technologically isolated territorial electric utility systems if consumers whose power receiving devices are attached to such objects have no contracts of power supply (purchase and sale agreements (delivery) of electrical energy) with the organizations corresponding to the requirements specified in subitems "a", "b", "v" and "d" of this Item. In case of change of the organization performing operation of the corresponding objects of electric grid economy or the generating objects, the status of the guaranteeing supplier is given to the relevant organization;

e) the power sales organizations determined by the act of the Government of the Russian Federation for the purpose of electric power supply to the organizations which are under authority of the Ministry of Defence of the Russian Federation and performing power supply of the specified organizations and other consumers (legal entities and physical person) which power receiving devices are technologically attached to the power networks belonging on the property right or on other legal cause to the organizations which are under authority of the Ministry of Defence of the Russian Federation and (or) formed in pursuance of the Presidential decree of the Russian Federation of September 15, 2008 N 1359 "About Oboronservis open joint stock company (further - power networks of the organizations which are under authority of the Ministry of Defence of the Russian Federation).

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