ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 15, 2022 No. 1275

About introduction of amendments to some acts of the Government of the Russian Federation concerning enhancement of procedure for carrying out tenders on assignment of the status of the guaranteeing supplier and recognition voided separate provisions of some acts of the Government of the Russian Federation

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 enhancement of procedure for carrying out tenders on assignment of the status of the guaranteeing supplier.

2. To the Ministry of Energy of the Russian Federation to make the decision on zone of the organization activity which lost the status of the guaranteeing supplier for which circumstance, stipulated in Item 202 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" came before entry into force of this resolution and concerning which zone of activities competition on assignment of the status of the guaranteeing supplier was not held or the held competition was acknowledged cancelled, establishing start date of current of the term of provision by the network organizations constituting 60 working days in Market Council of data and documents, the stipulated in Item 206.1 specified Basic provisions. The specified decision shall be made at least in 6 months prior to day of decision making on carrying out tender on assignment of the status of the guaranteeing supplier on the corresponding zone of activities.

3. Recognize invalid separate provisions of acts of the Government of the Russian Federation according to the list according to appendix.

4. This resolution becomes effective after 90 days from the date of its official publication.

Approved by the Order of the Government of the Russian Federation of July 15, 2022 No. 1275

Changes which are made to acts of the Government of the Russian Federation concerning enhancement of procedure for carrying out tenders on assignment of the status of the guaranteeing supplier

1. In Item 23 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; 2013, No. 1, Art. 68):

a) to recognize paragraphs of the seventh and eighth of subitem 1 invalid;

b) to add the subitem 3 after paragraph one with the paragraph of the following content:

"For receipt of the status of the subject of the wholesale market by the territorial network organization, the participant of the address of electrical energy and (or) capacity in the wholesale market for the purpose of implementation of functions of the guaranteeing supplier according to Basic provisions of functioning of the retail markets of electrical energy the necessary gross revenue of this network organization (without payment of losses) shall constitute the largest size from values of necessary gross revenue (without payment of losses) the territorial network organizations in the territory of appropriate subject of the Russian Federation considered by executive body of appropriate subject of the Russian Federation in the field of state regulation of rates in case of establishment (review) of single (boiler) tariffs for services in transfer of electrical energy in the subject of the Russian Federation for the corresponding calendar year the rates published in accordance with the established procedure on the official site of executive body of appropriate subject of the Russian Federation in the field of state regulation.".

2. In pricing Bases in the field of regulated prices (rates) in power industry approved by the order of the Government of the Russian Federation of December 29, 2011 No. 1178 "About pricing in the field of regulated prices (rates) in power industry" (The Russian Federation Code, 2012, No. 4, Art. 504; 2017, No. 31, Art. 4923; 2018, No. 28, Art. 4212; 2020, No. 11, Art. 1550; No. 52, Art. 8863; 2021, No. 2, Art. 392; No. 52, Art. 9143):

a) the twenty first Item 65 to state the paragraph in the following edition:

"In case of change according to Basic provisions of functioning of the retail markets of electrical energy of the guaranteeing supplier during the regulation period prior to the beginning of the next period of regulation the sales allowances established for the organization which was earlier performing functions of the guaranteeing supplier are applied, and in the next period of regulation when calculating sales allowances of the guaranteeing supplier the sizes of settlement entrepreneurial profit of the guaranteeing supplier, size of expenses on forming of doubtful debt allowance, size of maintenance expenses of the credits necessary for maintenance of the sufficient size of working capital in case of delay of payments guaranteeing the supplier specified in the bid assignment of the status from buyers (consumers) of electrical energy are subject to accounting, except as specified, when the decision on decrease in the specified sizes is made by the guaranteeing supplier.";

b) in Item 65 (2):

paragraph the seventeenth:

after the words "for base period of regulation)" to add with the words "taking into account requirements of the paragraph of the twenty first Item 65 of this document";

after words "to consumers, at the same time" to add with the words "according to the paragraph the twenty first Item 65 of this document or";

the offer second of the paragraph of the twenty fourth to state in the following edition: "According to the paragraph the twenty first Item 65 of this document or according to the statement the settlement entrepreneurial profit of the guaranteeing supplier guaranteeing the supplier can be established at lower level.".

3. 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. 45, 68; No. 5, Art. 407; 2015, No. 37, Art. 5153; 2016, No. 42, Art. 5942; 2017, No. 29, Art. 4372; No. 31, Art. 4923; No. 47, Art. 6997; 2018, No. 51, Art. 8007; 2019, No. 26, Art. 3453; 2021, No. 1, Art. 172):

a) in the paragraph the second Item 66 of the word", and also other services which rendering is integral part of process of delivery of electrical energy to consumers," to exclude;

b) in the paragraph the second Item 84 of the word "during the same settlement period in which the statement of unaccounted consumption of electrical energy is drawn up" shall be replaced with words "for the last settlement period concerning which at the time of creation of the act of unaccounted consumption of electrical energy such price is determined by the guaranteeing supplier and is officially published according to this document,";

c) third Item 199 to declare the paragraph invalid;

d) in paragraph three of Item 200 of the word "in paragraphs six and the seventh Item 207" shall be replaced with words "in paragraphs three and the fourth Item 207 (1)";

e) in Item 202:

word in paragraph five", except for case," to exclude stipulated in Item 227(1) this documents;

the offer second of the paragraph of the tenth to state in the following edition: "In case of factual determination of availability of the circumstance provided by the paragraph the eighth this Item the debt concerning which determination of court about delay or about extension of the deadline for executing court resolution and (or) conditions of the voluntary settlement approved by court provides delay or extension of the deadline for executing by the guaranteeing supplier of the obligation on fee on transfer of electrical energy is not considered.";

in the paragraph the seventeenth shall be replaced with words the words "for the purpose of carrying out tenders the register of creditors which is earlier created according to Item 206 of this document is applied" "the competitive debt, data on which are created according to the procedure, stipulated in Item the 206th this document, is considered";

e) in Item 203:

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