ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 24, 2003 No. 643

About rules of the wholesale market of electrical energy (capacity) of transition period

List of amending documents

According to 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" (The Russian Federation Code, 2003, N 13, the Art. 1178) the Government of the Russian Federation decides:

1. Approve the enclosed Rules of the wholesale market of electrical energy (capacity) of transition period (further hereinafter are referred to as - Rules).

2. Determine the price zones of the wholesale market of electrical energy (capacity) of transition period combining the territories of subjects of the Russian Federation according to appendix in which borders subjects of power industry and consumers of electrical energy (capacity) are granted the right of implementation of the purchase and sale of electrical energy (capacity) made on the generating objects and consumed by the power receiving devices which are in the territories of the specified subjects of the Russian Federation or adjoining on them by the free (non-regulated) prices according to the procedure, established by Rules.

3. Ceased to be valid since September 1, 2006.

4. To the Ministry of economic development and trade of the Russian Federation together with the Ministry of Energy of the Russian Federation, the Federal Energy Regulatory Commission of the Russian Federation, the Ministry of the Russian Federation of atomic energy, the Ministry of the Russian Federation of the antimonopoly policy and support of entrepreneurship and with participation of the Russian joint stock company "UES of Russia", the federal state unitary enterprise "The Russian State Concern on Production of Electrical and Heat Energy on Nuclear Power Plants" and "Trading System Administrator of the Wholesale Market of the Electric Power of Power Pool System" non-profit partnership to carry out efficiency analysis of functioning of the wholesale market of electrical energy (capacity) till August 1, 2004 and to provide its results to the Government of the Russian Federation, and also offers on need of modification of Rules for the purpose of further liberalization of the wholesale market of electrical energy (capacity), improvement of competition in the wholesale market, increases in number of price zones of the wholesale market of electrical energy (capacity) and refining of their structure.

5. Determine that till January 1, 2004 the operating procedure of payments for the generating capacity of suppliers of electrical energy (capacity) remains. During the specified period in Items 18, 29 and 56 Rules regarding payment procedure of the electrical energy generating capacities, services in reservation of the generating capacity instead of rates for electrical energy taking into account capacity and the prices of electrical energy and capacity in the regulated sector are applied the applicable fares on electrical energy approved for the member of the regulated sector of the wholesale market, and Item 74 is not applied.

6. Determine that for training of subjects of the wholesale market of electrical energy (capacity) of transition period for participation in the sector of variations amounts of variations of actual production (consumption) of electrical energy by participants of the wholesale market from amounts of their planned hourly production (consumption) are determined till January 1, 2004 totally for settlement period, and the coefficients provided by the Section XI of Rules for calculation of cost of variations are applied since December 1, 2003.

Determine that for preparation of the subjects of the wholesale market functioning in borders of the second price zone, and also subjects of the wholesale market located in the territory of the Tomsk region for which the electrical energy is delivered from the territory of the integrated power system of the Urals, to participation in the sector of variations:

amounts of variations of actual production of electrical energy of these participants of the wholesale market from amounts of their planned hourly production are determined till October 1, 2005 totally by the groups of points of delivery of one subject of the wholesale market used for determination of obligations on delivery of electrical energy from thermal power plants and belonging to one energorayon determined according to the Treaty of Accession to trade system of the wholesale market;

amounts of variations of the actual consumption of electrical energy of these participants of the wholesale market from amounts of their planned hourly consumption are determined till October 1, 2005 totally by the groups of points of delivery of one subject of the wholesale market used for determination of obligations on purchase of electrical energy and belonging to one energorayon determined according to the Treaty of Accession to trade system of the wholesale market.

The specified amounts till July 1, 2005 are determined totally for settlement period, and from July 1 to October 1, 2005 - hourly, at the same time the coefficients provided by the Section XI of Rules for calculation of cost of variations are applied since June 1, 2005.

7. This resolution becomes effective since November 1, 2003.

 

Approved by the order of the Government of the Russian Federation of October 24, 2003 No. 643

Rules of the wholesale market of electrical energy (capacity) of transition period

I. General provisions

1. These rules according to 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" establish the legal basis of functioning of the wholesale market of electrical energy (capacity) (further - the wholesale market) during the transition period of reforming of power industry (further - transition period) in the territories of price and not price zones of the wholesale market.

2. In these rules the following basic concepts are used:

a) "participants of the wholesale market" - suppliers of electrical energy and (or) capacity (the generation companies or the organizations having right to sell made on the generating equipment of electrical energy (capacity), the organizations performing export-import transactions) and buyers of electrical energy and capacity (the power sales organizations, large consumers of electrical energy (capacity), the guaranteeing suppliers (who are power supplying the organizations), the organizations performing the export-import transactions) which received the status of subjects of the wholesale market and the participation right in trade in electrical energy (capacity) in the wholesale market;

b) "the participant with regulated consumption" - the participant of the wholesale market which owing to operating modes influences quality of electrical energy and reliability of operation of the Power pool system of Russia (further - UES of Russia) and has in the wholesale market the delivery points used for determination of obligations on purchase of electrical energy (capacity) to which power receiving devices and (or) the deliveries which are not presented at the wholesale market by separate points the generating objects concerning which the participant according to the Treaty of Accession to trade system of the wholesale market has opportunity to accept and to perform in the time (no more than 1 hour) defined by the specified agreement dispatching teams about change of amounts of consumption (production) of electrical energy are carried;

c) "variations" - the amounts of electrical energy corresponding to changes of hourly production volumes (consumption) of electrical energy by the participant of the wholesale market between the moment of their determination as a result of competitive selection of price requests one day before the beginning of delivery and the moment of the termination of hour of their delivery (in price zones of the wholesale market) or between the moment of determination of amounts of planned hourly production (consumption) of electrical energy established according to these rules, and the moment of the termination of hour of their delivery (in the territories of not price zones of the wholesale market);

d) "the price request" - the document reflecting intention of the participant of the wholesale market to purchase or sell electrical energy in certain group of points of delivery or to sell capacity and establishing the amounts of electrical energy planned by the participant to purchase (sale) at each o'clock of days or amounts of capacity for the corresponding period of delivery of capacity with indication of the offered prices for each of the planned amounts of electrical energy or capacity;

e) "the tsenoprinimayushchy request" - the price request of the participant of the wholesale market reflecting intention of this participant to purchase or sell the amount of electrical energy or capacity specified in the request at the price which developed as a result of competitive selection of price requests;

e) "competitive selection" - the procedure of determination of the prices and amounts of electrical energy or capacity as a result of selection of price requests by criterion of minimum prices;

g) "settlement period" - the period of time, single for all participants of the wholesale market, established by the Treaty of Accession to trade system of the wholesale market for determination of the sizes of obligations (requirements) for payment of electrical energy (capacity);

h) "commercial accounting" - process of measurement of amounts of electrical energy and values of electric power, collection and processing of results of measurements, forming in the settlement way based on results of measurements of data on quantity of the made and consumed electrical energy (capacity) in the corresponding groups of points of delivery, and also storage and transfer of the specified data;

i) "delivery point" - the place in power network used for determination of amounts made (consumed) participants of the wholesale market electrical energy (capacity);

and. 1) "group of points of delivery" - one or several points of delivery relating to one node of settlement model and (or) single technologically indivisible energy object concerning which the participant of the wholesale market performs purchase and sale of electrical energy and (or) the capacity in the wholesale market or limiting the territory concerning which purchase and sale of electrical energy and (or) capacity in the wholesale market is performed only by one participant of the wholesale market, and used by it for the determination and obligation fulfillment connected with delivery and payment of electrical energy and (or) capacity;

j) "system restrictions" - maximum permissible values of technological parameters of functioning of UES of Russia;

k) "the forced mode" - the technological parameters of work of power plants or the separate generating objects caused by observance of the set parameters of functioning of life support systems, admissible working hours of UES of Russia, the modes of water use, other established requirements;

l) "settlement model" - the description of electric utility system intended for creation of mathematical model of production process, transfer and consumption of electrical energy and capacity by means of which the production volumes realized in this electric utility system and consumption of electrical energy and capacity and the prices corresponding to them are calculated;

m) "node of settlement model" - the component of settlement model corresponding to connections of the power networks described in settlement model and places of accession to them the consuming and (or) generating objects (at the same time each generating object attached to networks of high voltage is described in settlement model separately);

o) "the organization of commercial infrastructure" - depending on the function provided by these rules Market Council, the commercial operator of the wholesale market or other organization of commercial infrastructure according to the established Federal Law "About Power Industry" and the Treaty of Accession to trade system of the wholesale market distribution of functions between Market Council, the commercial operator of the wholesale market and other organizations of commercial infrastructure;

o) "power plant (the generating object), supplying capacity in the forced mode" - power plant (the generating object) with which use delivery of capacity to the wholesale market to the period for which capacity of such object was not selected by results of competitive selection of capacity, in case of need maintenance of this object in operating state for providing admissible working hours of UES of Russia, life support systems, the water use modes, and also in the cases established by these rules is performed;

p) "the mobile (portable) generating objects" - the generating objects intended for operation with periodic movement and installation in the territories of different administrative and territorial units of the Russian Federation.

2.1. In case of determination of terms of making of the actions provided by these rules and the Treaty of Accession to trade system of the wholesale market in the territories of the subjects of the Russian Federation united in price zones of the wholesale market, single vremyamoskovsky is applied.

3. During the transition period in the wholesale market trade in electrical energy and capacity is performed with use of the following mechanisms:

a) trade in electrical energy and (or) capacity at regulated prices (rates) based on purchase and sale agreements (delivery) of electrical energy (capacity) (further - regulated agreements).

Regulated agreements are signed for the terms corresponding to the categories of consumers of electrical energy (capacity) determined in accordance with the established procedure (further - consumers) concerning which effective periods of regulated agreements are differentiated.

Sale and payment of electrical energy and capacity can be performed as under the single regulated agreement providing purchase and sale of electrical energy and capacity and under separate regulated agreements;

b) trade in electrical energy and (or) capacity at the free (non-regulated) prices based on purchase and sale agreements of electrical energy and (or) capacity (further - free agreements);

c) trade in electrical energy at the free (non-regulated) prices determined by the competitive selection of price requests of buyers and suppliers performed one day before the beginning of delivery (further competitive selection of price requests for the days ahead);

century 1) trade in capacity at the free (non-regulated) prices by results of competitive selection of capacity;

century 2) trade in capacity according to the purchase and sale agreements (delivery) of capacity signed:

with buyers and the organizations of commercial and technological infrastructure of the wholesale market and providing conditions about terms of the beginning of sale of capacity of each of the generating objects specified in such agreements, and also establishing technical characteristics (parameters) of the generating equipment (daleedogovor about capacity provision), - concerning the generating objects which list is determined by the Government of the Russian Federation and which availability in UES of Russia proceeding from their location, technical and other characteristics is necessary for the purpose of timely and complete electric power supply to consumers the generation companies of the wholesale market created based on decisions of the Government of the Russian Federation by reorganization of affiliated and dependent joint-stock companies of the Russian open joint stock company of power and electrification "Power pool system of Russia" (except for for the wholesale generating company, which is created as a result of reorganization of affiliated and dependent joint-stock companies of the Russian open joint stock company of power and electrification "Power pool system of Russia" and to which authorized capital the generating objects of hydroelectric power stations are transferred);

concerning the generating objects:

under construction according to the Program of activities of the State Atomic Energy Corporation "Rosatom" for the long-term period (2009 - 2015) approved by the order of the Government of the Russian Federation of September 20, 2008 N 705, and the program of construction of hydroelectric power stations (including pumped storage power plants), the implementable wholesale generating company created based on decisions of the Government of the Russian Federation by reorganization of affiliated and dependent joint-stock companies of the Russian open joint stock company of power and electrification "Power pool system of Russia" to which authorized capital the generating objects of hydroelectric power stations, and also the power generation facilities included in the General scheme of placement are transferred (further - purchase and sale agreements (deliveries) of capacity of new nuclear power plants and hydroelectric power stations);

the new nuclear power plants and hydroelectric power stations (including pumped storage power plants) determined by results put into operation carried out in the procedure established by the Government of the Russian Federation more than in 5 years prior to the planned commissioning of such subjects to selection of investment projects of their construction;

century 3) trade in capacity at the prices determined by results of tenders for investment projects on forming of perspective technological reserve of capacities by production of electrical energy according to the parameters declared in the investment project selected following the results of tender on forming of perspective technological reserve of capacity which is delivered by the participant of the wholesale market according to obligations assumed under the agreement signed according to the Treaty of Accession to trade system of the wholesale market with the buyers of electrical energy and capacity who received the status of subjects of the wholesale market;

century 4) trade in capacity according to the purchase and sale agreements (delivery) of capacity signed by suppliers of capacity concerning capacity of the generating objects put (entered) into operation after January 1, 2008 and defined according to these rules and the Treaty of Accession to trade system of the wholesale market in case the amount of the capacity which is selected by results of competitive selection of capacity in any zone of free overflow (group of zones of free overflow) does not provide satisfaction of demand for capacity (daleedogovor of purchase and sale (delivery) of capacity following the results of additional selection of investment projects);

century 5) trade in capacity according to purchase and sale agreements (delivery) of the capacity made with use of the generating objects delivering capacity in the forced mode;

d) trade in electrical energy in the amounts corresponding to variations at the free (non-regulated) prices determined by agreement of the parties in bilateral agreements (further - free purchase and sale agreements of variations);

e) trade in electrical energy at the free (non-regulated) prices determined by the competitive selection of requests of suppliers and participants with regulated consumption performed not later than hour before delivery of electrical energy for the purpose of forming of the balanced mode of production and consumption of electrical energy (further - competitive selection of requests for balancing of system);

e) trade in electrical energy and capacity at the prices determined proceeding from regulated prices (rates) for electrical energy and (or) capacity established for suppliers in the territories of not price zones of the wholesale market;

g) trade in electrical energy and (or) capacity at regulated prices (rates) for the purpose of ensuring joint operation of UES of Russia and power systems of foreign states according to the procedure, established by these rules;

h) trade in electrical energy and (or) capacity at regulated prices (rates) and at the free (non-regulated) prices for the purpose of compensation of losses of electrical energy (capacity) (daleepotera) according to the procedure, established by these rules.

4. Suppliers of electrical energy and (or) capacity (the generation companies or the organizations having right to sell made on the generating equipment of electrical energy (capacity), and also the organizations performing export-import transactions) and buyers of electrical energy and capacity (the power sales organizations, large consumers of electrical energy (capacity), the guaranteeing suppliers (who are power supplying the organizations) and the organizations performing export-import transactions) participate in the relations of purchase and sale of electrical energy and (or) capacity in the wholesale market after receipt in accordance with the established procedure of the status of the subject of the wholesale market and accomplishment of all conditions of participation in trade in electrical energy (capacity) in the wholesale market according to these rules and the Treaty of Accession to trade system of the wholesale market.

5. For the purpose of minimization of cost of electrical energy in case of the choice by the system operator of structure of the switched-on generating equipment and the generating equipment being in reserve (further - structure of the equipment), no later than 24 hours prior to the beginning of the period for which the choice of structure of the equipment is performed began the moment and duration (no more than 10 days) of which are determined by the system operator and are led up according to the Treaty of Accession to trade system of the wholesale market to data of participants of the wholesale market, participants of the wholesale market - suppliers of electrical energy provide the following information:

a) parameters of the generating equipment;

b) size of expenses on implementation of start-up and switching off of this equipment;

c) the maximum prices specified by them in price requests for sale of electrical energy, the price applications submitted for participation in competitive selection for the days ahead and in competitive selection of requests for balancing of system at each o'clock of the specified period.

Information provided by the subitem "an" of this Item is provided to the system operator, and information provided by subitems "b" and "v" of this Item, - to the organization of commercial infrastructure which transfers her to the system operator. Terms of provision and transfer of the specified information are determined by the Treaty of Accession to trade system of the wholesale market.

Prior to competitive selection of price requests for the days ahead participants of the wholesale market can change the parameters of the generating equipment declared by them for the purposes of the choice of structure of the equipment for the corresponding period. The system operator staticizes structure of the equipment taking into account the changed parameters, at the same time the changed parameters are considered according to the Treaty of Accession to trade system of the wholesale market in case of establishment of accomplishment by participants of the wholesale market of the requirements determined by subitems "b", "v" and "d" of Item 41 of these rules.

No later than 24 hours prior to the beginning of days during which delivery of electrical energy is performed buyers of electrical energy tell the system operator the maximum hourly amounts of consumption of electrical energy.

Proceeding from information provided by participants of the wholesale market according to this Item, from the hourly amounts of consumption of electrical energy and the chosen structure of the equipment predicted by the system operator, the system operator sets restrictions for planned hourly production of electrical energy (the maximum and minimum hourly values of capacity of the generating equipment) providing execution of the forecast of work of power supply system created by it taking into account system restrictions, losses of electrical energy in power networks, requirements for maintenance of reserves of capacity (including on their territorial arrangement in UES of Russia), need of ensuring proper quality and minimization of cost of electrical energy.

The specified restrictions are considered when carrying out competitive selection of price requests for the days ahead according to these rules and the Treaty of Accession to trade system of the wholesale market.

The amounts of electrical energy specified by buyers in the price applications submitted for participation in competitive selection for the days ahead and (or) competitive selection for balancing of system shall not exceed the maximum hourly amounts of consumption of electrical energy declared by these buyers and shall be determined taking into account the restrictions for planned hourly production of electrical energy set by the system operator according to the procedure, provided by the Treaty of Accession to trade system of the wholesale market.

The prices specified by participants of the wholesale market in price requests for sale of electrical energy of the price applications submitted for participation in competitive selection for the days ahead and competitive selection of requests for balancing of system, shall not exceed the maximum prices declared by them according to this Item for the participants of the wholesale market functioning in the territories of price zones of the wholesale market.

6. Prior to the beginning of days during which delivery of the electrical energy acquired in the wholesale market is performed the organization of commercial infrastructure in the territories of price zones of the wholesale market makes competitive selection of price requests for the days ahead. By results of competitive selection of price requests for the days ahead at each o'clock of the next days in each price zone of the wholesale market are determined:

amounts of planned hourly production and consumption of electrical energy for each group of points of delivery of participants of the wholesale market (further - planned hourly production (consumption)) who are reported by the organization of commercial infrastructure by the participant of the wholesale market and the system operator no later than the day preceding day of delivery of electrical energy;

the prices for the amounts of electrical energy included in planned hourly production (consumption), counterbalancing the demand and supply of electrical energy (further - equilibrium prices on electrical energy).

6.1. During action of the state regulation of the prices (rates) entered in accordance with the established procedure in price zone (price zones) of the wholesale market by results of competitive selection of price requests for the days ahead at each o'clock of the next days the prices of electrical energy in the territory of the subject of the Russian Federation within the territories, united in price zone, counterbalancing cost of the bought and sold amounts of electrical energy concerning each hour of days, according to the procedure, established by the Treaty of Accession to trade system of the wholesale market are determined.

6.2. In case of determination of the prices specified in Item 61 of these rules are considered:

a) amounts of planned hourly production (consumption) in the specified hour taking into account scopes of supply under regulated agreements and under free agreements;

b) export volumes (import) of electrical energy;

c) amounts of the losses of electrical energy considered in equilibrium prices on electrical energy;

d) purchasing amounts of electrical energy the organization for management of single national (all-Russian) power network for the purpose of compensation of losses;

e) amounts of overflows of electrical energy between price zones and not price zones of the wholesale market, transit overflow between price zones through power systems of foreign state;

e) the prices specified in price requests for sale of electrical energy, the price applications submitted for participation in competitive selection for the days ahead;

g) the equilibrium prices on electrical energy determined by results of competitive selection of price requests for the days ahead taking into account restrictions, stipulated in Item 7 these rules;

h) the regulated price levels (rates) for electrical energy approved by federal executive body in the field of state regulation of rates, applied in case of introduction of state regulation of the prices (rates) in price zone (price zones) of the wholesale market (further - regulated price levels (rates) for electrical energy);

i) regulated prices (rates) for electrical energy under regulated agreements;

j) the other sizes defined by the Treaty of Accession to trade system of the wholesale market.

7. For participation in trade in electrical energy by results of competitive selection of price requests for the days ahead and ensuring obligation fulfillment under the agreements signed in the wholesale market providing purchase and sale of electrical energy (capacity) in the wholesale market, the participants of the wholesale market functioning in the territories of price zones of the wholesale market submit to the organization of commercial infrastructure the price purchasing requests (sale) of electrical energy which are drawn up according to these rules and the Treaty of Accession to trade system of the wholesale market in each place of obligation fulfillment on delivery at each o'clock of the next days.

Paragraph two of ceased to be valid

The system operator based on results of competitive selection of price requests for the days ahead and the hourly amounts of consumption of electrical energy predicted by it plans the electrical power modes and operating modes of the generating and energy-requiring objects for each hour of days during which delivery of electrical energy is performed.

The place of obligation fulfillment according to purchase and sale agreements (delivery) of electrical energy and (or) capacity is the group of points of delivery of the participant of the wholesale market registered in trade system of the wholesale market according to the procedure, established by the Treaty of Accession to trade system of the wholesale market, based on the data provided by the participant of the wholesale market.

In case of change of the actual circumstances defined by the Treaty of Accession to trade system of the wholesale market and considered when forming group of points of delivery, the participant of the wholesale market shall provide to the organization of commercial infrastructure data on such changes for the purpose of their reflection in trade system of the wholesale market according to the procedure, provided by the Treaty of Accession to trade system of the wholesale market.

Until registration in trade system of changes of group of points of delivery of the participant of the wholesale market by the place of obligation fulfillment on purchase and sale agreements of electrical energy and (or) capacity earlier registered group of points of delivery of the participant of the wholesale market is.

7.1. In case of introduction in accordance with the established procedure of state regulation of the prices (rates) in price zone (price zones) of the wholesale market competitive selection of price requests for the days ahead is performed taking into account the following features:

a) participants of the wholesale market - buyers submit tsenoprinimayushchy purchasing requests to electrical energy;

b) the weighted average price determined according to the Treaty of Accession to trade system of the wholesale market on electrical energy in price requests for sale of electrical energy (without the amounts of electrical energy specified in tsenoprinimayushchy requests for sale) cannot exceed the regulated price level (rates) for electrical energy approved by federal executive body in the field of state regulation of rates concerning each power plant.

8. For the purpose of forming of the balanced mode of production and consumption of electrical energy and management of working hours of power generation facilities not later than hour before delivery of electrical energy the system operator after determination of planned hourly production (consumption) performs in each price zone competitive selection of requests for balancing of system.

Based on results of competitive selection of requests for balancing of system in normal operating conditions of UES of Russia the system operator manages technological working hours of power generation facilities within a day when delivery of electrical energy is performed. In case of threat of emergency the system operator has the right to limit consumption of electrical energy (capacity) in accordance with the established procedure. At the same time calculation of cost of electrical energy is carried out on the basis of results of competitive selection of requests for balancing of system.

In case of origin and development of emergency calculation of cost of electrical energy (capacity) in the wholesale market is perfromed according to the procedure, approved by federal executive body in the field of regulation of rates, taking into account results of investigation of accident, including the reasons of its origin. These rules do not extend to the specified case.

9. Restrictions of the mode of consumption of electrical energy in the wholesale market are introduced on the bases and according to the procedure which are provided by Rules of functioning of the retail markets of electrical energy in transition period of reforming of power industry (further - Rules of the retail markets) for complete and (or) partial restriction of the mode of consumption of electrical energy in case of violation of the obligations by consumers, and also in case of need acceptances of urgent measures for prevention or accident elimination.

10. The participants of the wholesale market functioning in the territories of not price zones of the wholesale market participate according to these rules in trade in electrical energy and (or) capacity under regulated agreements, by results of competitive selection of price requests for the days ahead and competitive selection of requests for balancing of system in the amount corresponding to overflow of electrical energy (capacity) on border with price zone (price zones) of the wholesale market based on the Treaty of Accession to trade system of the wholesale market.

11. The agreements signed by participants of the wholesale market according to these rules and the Treaty of Accession to trade system of the wholesale market are considered by the organization of commercial infrastructure in case of the determination of financial liabilities (requirements) of these participants according to the procedure established by these rules and the Treaty of Accession to trade system of the wholesale market.

The cost and amount of the electrical energy and (or) capacity purchased (sold) by the participant of the wholesale market for settlement period are determined taking into account obligations (requirements) of this participant by all to the agreements signed by it in the wholesale market based on which purchase and sale of electrical energy and (or) capacity is performed.

In case of determination of obligations (requirements) of participants of the wholesale market for the agreements signed in the wholesale market additional obligations (requirements) which arose at the participant of the wholesale market in the current settlement period as a result of violation of procedure of payments of amounts and cost of the purchased (sold) electrical energy and (or) capacity in previous periods according to the Treaty of Accession to trade system of the wholesale market are considered.

12. For the purpose of determination of limit of the prices of electrical energy (capacity) realized in the retail markets functioning in the territories of price zones of the wholesale market at the non-regulated prices, the organization of commercial infrastructure according to Rules of the retail markets calculates the free (non-regulated) price of electrical energy (capacity), weighted average for settlement period, for certain participants of the wholesale market. Results of calculation, and also the amounts of electrical energy (capacity) acquired by the corresponding participants of the wholesale market at regulated prices (rates) and the free (non-regulated) prices and forecast values of the weighted free (non-regulated) average prices of electrical energy (capacity) for the next settlement period are published on the official site of the organization of commercial infrastructure in the Internet.

13. For the purpose of decrease in financial risks the possibility of the conclusion of contracts for future deliveries of electrical energy and capacity and on purchase or sale of the fixed amount of electrical energy and capacity for delivery to the stipulated date in the future at the price (forward and futures contracts) approved by the parties is provided to participants of the wholesale market according to the Treaty of Accession to trade system of the wholesale market.

14. For the purpose of timely providing requirements of suppliers for payment of the electrical energy and (or) capacity delivered to buyers the system of guarantees of obligation fulfillment functioning according to the Treaty of Accession to trade system of the wholesale market acts on the wholesale market. Control of forming of system of guarantees of obligation fulfillment in the wholesale market is exercised by federal antimonopoly authority.

15. In the wholesale market the system of establishment of cases of manipulation with the prices of electrical energy (capacity) taking into account the power plants of levels of the maximum economically reasonable expenses on production of electrical energy differentiated on types affects (without the expense accounting production of capacity and the expenses incurred by participants of the wholesale market in connection with rendering services in ensuring system reliability). Determination of the size of the specified levels is performed by federal executive body in the field of regulation of rates.

For the purpose of ensuring forming of competitive prices of electrical energy and capacity in the territories of price zones of the wholesale market simultaneous accounting of the same expenses on production of electrical energy or the capacity when pricing specified by participants in the price applications submitted for participation in competitive selections is not allowed.

Control of establishment of cases of manipulation the prices of electrical energy (capacity) in the wholesale market is exercised by federal antimonopoly authority.

For the purpose of identification of actions which have or non-admission, restriction, elimination of the competition and (or) infringement of interests of subjects of power industry and consumers of electrical energy, including manipulation with the prices of the generating capacity in the wholesale market can have control of the amount of monthly payment for power unit the result, it is performed according to the antitrust law.

15.1. Payment by participants of the wholesale market of electrical energy (except for amounts of the electrical energy acquired under regulated agreements or free purchase and sale agreements of electrical energy and capacity, free purchase and sale agreements of electrical energy and free purchase and sale agreements of variations taking into account the features provided by the Treaty of Accession to trade system of the wholesale market only for payment of electrical energy in January and February) is performed according to the Treaty of Accession to trade system of the wholesale market taking into account the following:

payment is performed no later than the 14th of settlement period according to the obligations which arose concerning the amounts of electrical energy purchased by participants of the wholesale market under the agreements providing purchase and sale of electrical energy by results of competitive selection of price requests for the days ahead with 1st on the 9th (inclusive) of settlement period, and in time no later than the 28th of current month for the amounts of electrical energy purchased by participants of the wholesale market with 10th on 23rd (inclusive) of settlement period in time;

payment is performed no later than the 14th of settlement period according to the obligations which arose concerning the amounts of electrical energy purchased by participants of the wholesale market under regulated agreements with 1st on the 13th (inclusive) of settlement period, and in time no later than the 28th of settlement period for the amounts of electrical energy purchased by participants of the wholesale market from the 14th on the last number (inclusive) of settlement period in time if other is not established by the agreement between the seller and the buyer provided by the Treaty of Accession to trade system of the wholesale market;

payment for the electrical energy which is actually purchased in settlement period under the agreements providing purchase and sale of electrical energy is performed no later than the 21st following settlement period in time if other is not established by the agreement between the seller and the buyer provided by the Treaty of Accession to trade system of the wholesale market.

For the purposes of these rules the settlement period is understood as calendar month.

15.2. Capacity payment by participants of the wholesale market with use of all provided trade mechanisms in the wholesale market (except for amounts of the capacity acquired under regulated agreements and free purchase and sale agreements of electrical energy and capacity, considering the features provided by the Treaty of Accession to trade system of the wholesale market only for payment of capacity in January and February) is performed according to the Treaty of Accession to trade system of the wholesale market taking into account the following:

the payment amount according to the obligations arising concerning the planned amounts of the capacity consumed by participants of the wholesale market during settlement period, determined according to the Treaty of Accession to trade system of the wholesale market constitutes no more than 30 percent of total cost of planned amount of consumption of capacity on the corresponding mechanisms of trade in capacity in the wholesale market if other is not established by the Treaty of Accession to trade system of the wholesale market, and is brought by equal shares in time respectively no later than the 14th and 28th of settlement period if other is not established by the agreement between the seller and the buyer provided by the Treaty of Accession to trade system of the wholesale market;

payment for actually purchased capacity amount in settlement period is performed no later than the 21st following settlement period in time if other is not established by the agreement between the seller and the buyer provided by the Treaty of Accession to trade system of the wholesale market.

15.3. For the purpose of ensuring reliability of functioning of power industry, improvement of quality of electrical energy, and also increase in overall performance of UES of Russia the system operator performs the organization of selection of contractors and fee for ensuring system reliability according to the Rules of selection of subjects of power industry and the consumers of electrical energy rendering services in ensuring system reliability, and rendering such services approved by the order of the Government of the Russian Federation of March 3, 2010 N 117.

II. Procedure for obtaining and deprivation of the status of the subject of the wholesale market, and also receipt of the participation right in trade in electrical energy (capacity) in the wholesale market

16. For receipt of the status of the subject of the wholesale market and the participation right in trade in electrical energy (capacity) in the wholesale market in the corresponding groups of points of delivery the following requirements are imposed:

a) compliance to the quantity characteristics applied in groups of points of delivery with which use the applicant plans participation in trade in the wholesale market:

the supplier of electrical energy owns on the property right or on other legal cause the generating equipment which established generating capacity and in each expected group of points of delivery makes at least 5 MW, and (or) has right to sell of electrical energy (capacity) made on the specified generating equipment;

the consumer of electrical energy owns on the property right or on other legal cause the power accepting equipment which total attached capacity is equal or exceeds 20 MB x And yes in each group of points of delivery constitutes at least 750 MB x A;

the power sales organization or the power supplying organization signed with consumers in the retail markets agreements of power supply or purchase and sale of electrical energy (capacity) concerning the power accepting equipment which total attached capacity makes in the corresponding groups of points of delivery at least 20 * provided that it is equal in each group of points of delivery or exceeds 750 *.

Paragraph fifth ceased to be valid

The quantity characteristics specified in this subitem are not applied to the guaranteeing suppliers of electrical energy.

Concerning the organizations performing export-import transactions, the specified quantity characteristics are used in relation to maximum of hourly values of amounts of the electrical energy transferred in groups of the points of delivery used in the wholesale market for the purpose of implementation of export-import transactions according to the agreements signed by these organizations.

Each group of points of delivery, the power accepting equipment, the generating object, object of electric grid economy, other object connected with production process, transfers, consumption of electrical energy (capacity) can be presented at the wholesale market only by one subject of the wholesale market;

b) fulfillment of requirements of technical nature, established by regulatory legal acts and the Treaty of Accession to trade system of the wholesale market:

ensuring collection, the processing and transfer by participants of the wholesale market of the organization of commercial infrastructure of the data of commercial accounting received by means of the measuring instruments (including belonging on the property right or on other legal cause to the third parties) conforming to the requirements determined by these rules and providing commercial accounting of the made (consumed) electrical energy in each point (group of points) of delivery with which use the applicant plans to participate in trade in the wholesale market;

Paragraph third ceased to be valid

c) ceased to be valid

d) ceased to be valid

e) ceased to be valid

16.1. Agreements, stipulated in Item 16 these rules, may contain conditions suspensive of the introduction them in force, but no later than date with which the organization acquires the participation right in trade in electrical energy (capacity) in the wholesale market.

The participant of the wholesale market shall according to the Treaty of Accession to trade system of the wholesale market provide the organizations of commercial infrastructure the documents (information) confirming compliance to requirements imposed by these rules and the Treaty of Accession to trade system of the wholesale market to the subjects of the wholesale market who acquired the participation right in trade in electrical energy (capacity) in the wholesale market.

If non-presentation (untimely representation) in accordance with the established procedure by the participant of the wholesale market of the documents (information) provided by the Treaty of Accession to trade system of the wholesale market entailed emergence of losses at other subjects of the wholesale market, including the organizations of commercial infrastructure, such participant shall indemnify the actual damage caused by the specified actions (failure to act) and also bears the responsibility for violation of procedure for provision of the organization of commercial infrastructure of the specified documents (information) established by these rules and the Treaty of Accession to trade system of the wholesale market.

17. The organizations which provided the organizations of commercial infrastructure the documents which are confirming fulfillment of requirements, stipulated in Item 16 these rules, and approved with the system operator and the organization of commercial infrastructure of group of points of delivery become subjects of the wholesale market from the date of their inclusion in the register of subjects of the wholesale market on condition of the conclusion of the Treaty of Accession to trade system of the wholesale market.

The organizations which assumed liability under approval of group of points of delivery in which requirements, stipulated in Item 16 these rules concerning the generating equipment, at some point in the future and on this basis approved the corresponding conditional group of points of delivery with the system operator and the organization of commercial infrastructure are fulfilled become subjects of the wholesale market from the date of their inclusion in the register of subjects of the wholesale market on condition of the conclusion of the Treaty of Accession to trade system of the wholesale market.

Approved with the system operator and the organization of commercial infrastructure of group of points of delivery, including conditional, are registered behind the subject of the wholesale market according to the procedure established by the Treaty of Accession to trade system of the wholesale market according to these rules.

The organization of commercial infrastructure notifies federal executive body in the field of regulation of rates on inclusion of the specified organizations in the register of subjects of the wholesale market within 10 days.

The delivery points relating to group of points of delivery of the power sales organization servicing in the retail market of the consumer (consumers) of electrical energy and (or) the network organization (the network organizations) are located on border of balance sheet accessory between consumers (the network organizations) for the benefit of whom the power sales organization performs purchase and sale of electrical energy (capacity) in the wholesale market, and subjects of power industry (consumers concerning whom purchase and sale in the wholesale market of electrical energy (capacity) is performed by the power sales organization or other participant of the wholesale market in other group of points of delivery).

The delivery points relating to group of points of delivery of the participant of the wholesale market performing purchase of electrical energy (capacity) for the purposes of delivery to single business entity on rail transport at the initiative of the specified participant of the wholesale market and (or) single business entity on rail transport in borders of one subject of the Russian Federation are located on the objects of electric grid economy belonging to the specified business entity in places of connection of feeders and (or) power lines to tires of distributing devices of substations.

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