ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 31, 2023 No. 1416

About agreements on conditions of implementation of regulated types of activity

According to the Federal Law "About Power Industry" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of the conclusion, change and agreement cancelation about conditions of implementation of regulated types of activity;

list of essential conditions of agreements on conditions of implementation of regulated types of activity;

approximate form of the agreement on conditions of implementation of regulated types of activity;

changes which are made to acts of the Government of the Russian Federation.

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

3. To Federal Antimonopoly Service in 4-month time to bring the regulatory legal acts into accord with this resolution.

4. Determine that the agreements on conditions of implementation of regulated types of activity signed about day of entry into force of this resolution are applied in the part which is not contradicting this resolution.

Approved by the Order of the Government of the Russian Federation of August 31, 2023 No. 1416

Rules of the conclusion, change and agreement cancelation about conditions of implementation of regulated types of activity

I. General provisions

1. These rules determine procedure for the conclusion, change and agreement cancelation about conditions of implementation of the regulated types of activity performed by the organization for management of single national (all-Russian) power network and the territorial network organizations (further - the agreement).

2. Concepts "services in transfer of electrical energy", "size of cross subsidizing" and "rate of cross subsidizing" are used in these rules in the values determined by the Federal Law "About Power Industry".

The concepts "single (boiler) tariffs", "regulation period", "long-term period of regulation", "long-term prices (rates)" and "necessary gross revenue" are used in these rules in the values determined by the 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".

3. The agreement can be signed by federal executive body in the field of regulation of rates with the organization for management of single national (all-Russian) power network or executive body of the subject of the Russian Federation in the field of state regulation of rates with the territorial network organization.

4. The agreement is signed according to the approximate form of the agreement on conditions of implementation of regulated types of activity approved by the order of the Government of the Russian Federation of August 31, 2023 No. 1416 "About agreements on conditions of implementation of regulated types of activity". The parties have the right to provide in the agreement of condition, not provided by the specified approximate form, and also Item 6 of these rules.

5. The duration of the agreement cannot be less than 5 years.

6. The conditions included in the list of essential conditions of agreements on conditions of implementation of regulated types of activity approved by the order of the Government of the Russian Federation of August 31, 2023 No. 1416 "About agreements on conditions of implementation of regulated types of activity" belong to essential terms of agreement.

II. Procedure for the conclusion and change of the agreement between executive body of the subject of the Russian Federation in the field of state regulation of rates and the territorial network organization

7. The territorial network organization having intention to sign with executive body of the subject of the Russian Federation in the field of state regulation of rates the agreement sends to executive body of the subject of the Russian Federation in the field of state regulation of rates in paper and (or) electronic type the statement for agreement signature containing offers on essential terms of agreement with appendix of the draft agreement no later than May 1 of the year preceding the next period of regulation. Also the project of investing program of the territorial network organization published according to the Rules of approval of investing programs of subjects of power industry approved by the order of the Government of the Russian Federation of December 1, 2009 No. 977 "About investing programs of subjects of power industry" is enclosed to the application for agreement signature.

8. Executive body of the subject of the Russian Federation in the field of state regulation of rates within 10 working days from the date of receipt statements for agreement signature are adopted by one of decisions:

a) about adoption of the statement for agreement signature to consideration;

b) about return of the statement for agreement signature in case of discrepancy of the statement for agreement signature and documents attached to it to the requirements established by items 4 - 7 these rules.

9. The executive body of the subject of the Russian Federation in the field of state regulation of rates within 3 working days from the date of decision making, stipulated in Item 8 these rules, sends such decision to the territorial network organization which directed the application for agreement signature in paper and (or) electronic type.

Decision making, Item 8 of these rules provided by the subitem "b", does not interfere with the repeated direction the territorial network organization in executive body of the subject of the Russian Federation in the field of state regulation of rates of the statement for agreement signature within 10 working days from the date of receipt of the decision, stipulated in Item 8 these rules, after elimination of the reasons which formed the basis for adoption of such decision by it.

10. For the purpose of carrying out public discussion of the draft agreement the executive body of the subject of the Russian Federation in the field of state regulation of rates within 10 working days from the date of decision making about adoption of the statement for agreement signature to consideration posts on the official site on the Internet the following materials:

a) draft agreement;

b) results of calculation of long-term single (boiler) tariffs for the long-term period corresponding to the duration of the agreement;

c) results of calculation of size of cross subsidizing and rates of cross subsidizing for the period corresponding to the duration of the agreement.

11. Within 15 working days from the date of placement of the materials specified in Item 10 of these rules on the official site of executive body of the subject of the Russian Federation in the field of state regulation of rates on the Internet interested persons represent to executive body of the subject of the Russian Federation in the field of state regulation of rates of the offer to the draft agreement in paper and (or) electronic type.

12. In time, not exceeding 15 working days from the date of the termination of term, stipulated in Item 11 these rules, executive body of the subject of the Russian Federation in the field of state regulation of rates generalizes the offers which arrived according to Item 11 of these rules to the draft agreement and posts on the official site on the Internet the following materials:

a) the report of the arrived offers to the draft agreement with indication of on each of them the motivated line item containing information on accounting (about not accounting) in the draft agreement of such offer;

b) the draft agreement finished by results of public discussion of the draft agreement.

13. If during completion of the draft agreement changes are made to its text, the executive body of the subject of the Russian Federation in the field of state regulation of rates sends the draft agreement finished by results of public discussion of the draft agreement to the territorial network organization within 15 days from the date of the termination of term, stipulated in Item 11 these rules.

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