FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 6, 2011 No. 394-FZ

About introduction of amendments to the Federal law "About Power Industry"

Accepted by the State Duma on November 23, 2011

Approved by the Federation Council on November 29, 2011

Article 1

Bring in the Federal Law of March 26, 2003 N 35-FZ "About power industry" (The Russian Federation Code, 2003, N 13, Art. 1177; 2004, N 35, Art. 3607; 2007, N 45, Art. 5427; 2008, N 29, Art. 3418; N 52, of Art. 6236; 2010, N 11, Art. 1175; N 31, of the Art. 4156, 4157, 4158, 4160; 2011, N 1, Art. 13; N 7, of Art. 905; N 11, of Art. 1502; N 23, of Art. 3263; N 30, of the Art. 4590) following changes:

Item 3 of Article 8 to add 1) with the paragraph of the following content:

"The owner or other legal owner of object of electric grid economy in the presence of intention to sell this object entering single national (all-Russian) power network shall inform in writing by the direction of the registered mail with the assurance of receipt the organization for management of single national (all-Russian) power network on intention to sell this object with indication of the price and other sales terms. If the organization for management of single national (all-Russian) power network refuses purchase or will not report about readiness to acquire this object within six months from receipt date in its address of the specified notice, the owner or other legal owner of this object has the right to sell it after this term to any person at the price not the of low price specified in the notice. At the same time within a month from the date of state registration of the rights to this object the new owner or other legal owner of this object shall sign the agreement on the procedure for use of this object according to the procedure established by this Federal Law with the organization for management of single national (all-Russian) power network. In case of sale of object of the electric grid economy entering single national (all-Russian) power network with violation of the privilege of purchase the organization for management of single national (all-Russian) power network has the right to require judicially transfer into itself of the rights and obligations of the buyer of this object within six months from the moment of receipt of information by the organization for management of single national (all-Russian) power network on sale of this object with violation of the privilege of purchase.";

2) in Article 21:

a) in Item 1:

add with the new paragraph the thirty eighth the following content:

"approves rules of technological functioning of electric utility systems;";

add with the paragraph the thirty ninth the following content:

"determines the mechanism of stimulation of use of renewable energy resources by sale of the electrical energy made by the generating objects functioning on their basis qualified, in the wholesale market on equilibrium prices of the wholesale market taking into account the allowance determined according to the procedure established by the Government of the Russian Federation, or by sale of capacity of the qualified generating objects in production volume of electrical energy on the basis of use of renewable energy resources using the mechanism of trade in capacity provided by rules of the wholesale market for sale of capacity of the specified generating objects.";

to consider the paragraph of the thirty eighth the paragraph the fortieth;

b) in Item 2:

add with the new paragraph the thirty seventh the following content:

"approval of rules of the organization of accounting of electrical energy in the retail markets;";

paragraphs of the thirty seventh - to consider the forty first respectively paragraphs the thirty eighth - the forty second;

3) in Item 2 of Article 23.1:

a) the fifth to state the paragraph in the following edition:

"the prices (rates) or limiting (minimum and (or) maximum) price levels (rates) for the electrical energy (capacity) in not price zones of the wholesale market including delivered in electric utility systems of foreign states and acquired at them for the purpose of export or import in the amount considered in the composite balance estimation of production and deliveries of electrical energy (capacity);";

b) to state the paragraph of the sixth in the following edition:

"the allowance added to equilibrium price of the wholesale market for determination of the price of the electrical energy made on the renewable energy resources functioning on the basis of use the qualified generating objects (in cases and according to the procedure which are provided by the Government of the Russian Federation);";

c) add with the new paragraph the seventh the following content:

"the prices (rates) for electrical energy (capacity) sold and acquired in the wholesale market for the purpose of technological support of joint operation of Power pool system of Russia and electric utility systems of foreign states, at the same time the specified prices (rates) are subject to state regulation till January 1, 2014 and are established proceeding from forecast level and taking into account need of ensuring purchase and sale of electrical energy (capacity) as equals price conditions;";

d) to consider the paragraph of the seventh the paragraph the eighth;

Article 23.2 to add 4) with Item 1.1 of the following content:

"1.1. Activities for rendering services in transfer of electrical energy for the power networks belonging on the property right or other legal cause to the territorial network organizations are performed in the conditions of natural monopoly and regulated according to the legislation on natural monopolies, this Federal Law and other Federal Laws.";

5) in Item 2 of Article 24:

a) the twentieth to state the paragraph in the following edition:

"establishes the prices (rates) or limiting (minimum and (or) maximum) price levels (rates) for the electrical energy (capacity) in not price zones of the wholesale market including delivered in electric utility systems of foreign states and acquired at them for the purpose of export or import in the amount considered in the composite balance estimation of production and deliveries of electrical energy (capacity);";

To add 6) with the new paragraph twenty third the following content:

"establishes applied till January 1, 2014 the price (rates) for the electrical energy (capacity) sold and acquired in the wholesale market for the purpose of technological support of joint operation of Power pool system of Russia and electric utility systems of foreign states;";

c) twenty third to consider the paragraph the paragraph the twenty fourth;

d) the twenty fourth to consider the paragraph the paragraph the twenty fifth and in it to replace the word of "consumers" with the word of "consumers";

e) the twenty fifth - the twenty ninth to consider paragraphs respectively paragraphs the twenty sixth - the thirtieth;

6) in Item 2 of Article 32:

a) word in paragraph ten of "equilibrium prices and purchase prices and sale" shall be replaced with words "equilibrium prices, purchase prices and sale, cost";

b) in the paragraph the twenty sixth the words "Purchase Prices and Sales" shall be replaced with words "Purchase prices and sales, cost";

c) to state the paragraph of the twenty seventh in the following edition:

"In case of adoption by the Government of the Russian Federation of the decision on the mechanism of stimulation of use of renewable energy resources by payment of capacity of the qualified generating objects in production volume of electrical energy sale of capacity of such objects in the wholesale market is performed by such objects on the basis of use of renewable energy resources according to the purchase and sale agreements, delivery agreements of capacity determined by rules of the wholesale market and concluded between suppliers and buyers of electrical energy and capacity with participation of the organizations of commercial and technological infrastructures of the wholesale market. The government of the Russian Federation proceeding from need of achievement of the target indicators of production volume and consumption of the electrical energy made on the renewable energy resources functioning on the basis of use the qualified generating objects established by the main directions of state policy in the field of increase in energy efficiency of power industry determines essential conditions of the specified agreements, including conditions about the price of the delivered capacity, and also about the delivery periods during which purchase of capacity of such objects in the wholesale market at the price established in the specified agreements is obligatory.";

d) to state the paragraph of the twenty eighth in the following edition:

"Purchase prices and sales, cost of electrical energy and capacity are created by the commercial operator of the wholesale market proceeding from data which he has at the time of forming of such prices. In case of data acquisition which belong to previous periods and on which purchase prices and sales, the cost of electrical energy and capacity are created, but no more than for the previous three years, purchase prices and sales and cost of electrical energy and the capacity sold in current and (or) subsequent settlement periods are determined for the subjects of the wholesale market participating in trade during these periods taking into account the specified data according to the procedure, established by rules of the wholesale market. Purchase prices and sales, cost of electrical energy and the capacity sold or purchased by the subject of the wholesale market in the previous settlement periods are not subject to change and recalculation.";

e) the twenty ninth to add the paragraph with offers of the following content: "The data on results of trade provided by Market Council and the commercial operator according to the Treaty of Accession to trade system of the wholesale market of electrical energy and capacity are official source of information on the market prices developing in the wholesale market for settlement period. The data on non-regulated forecast free prices for electrical energy (capacity) provided by Market Council are official source of information used by subjects wholesale and the retail markets for forecasting of amount and cost of electrical energy (capacity) and also official source of information used in case of state regulation of the prices (rates).";

7) in Article 33:

a) in Item 3:

the fifth to state the paragraph in the following edition:

"establishment of system and procedure for application of property and other sanctions against subjects of the wholesale market, including exception of their structure;";

the eleventh to declare the paragraph invalid;

add with the new paragraph the twelfth the following content:

"monitoring of price situation on wholesale and the retail markets.";

the twelfth - the nineteenth to consider paragraphs respectively paragraphs the thirteenth - the twentieth;

add with paragraphs the twenty first and twenty second the following content:

"holding the actions according to rules of the wholesale market providing adoption by Market Council of decisions on assignment to legal entities of the status of the subject of the wholesale market or about deprivation of legal entities of this status;

forecasting of the prices of electrical energy and capacity.";

the twentieth to consider the paragraph the paragraph twenty third;

b) in item 4:

to state the paragraph of the eighth in the following edition:

"five representatives of sellers of electrical energy (including one representative of the sellers of electrical energy using for its production coal as the main fuel, two representatives of the sellers of electrical energy using for its production natural gas as the main fuel, one representative of the sellers of electrical energy owning on the property right or on other basis provided by the Federal Laws nuclear power plants which established generating capacity in total exceeds 20 thousand MW, and one representative of the sellers of electrical energy owning on the property right or on other basis provided by the Federal Laws hydroelectric power stations which established generating capacity in total exceeds 20 thousand MW);";

the ninth to state the paragraph in the following edition:

"five representatives of buyers of electrical energy (including two representatives of the guaranteeing suppliers and (or) the power sales organizations, two representatives of large consumers and one independent consumer spokesman of electrical energy in the retail markets appointed by the decision of the Government of the Russian Federation, who is not the affiliate and not entering group of persons with one other member of council of the market;";

the fifteenth to state the paragraph in the following edition:

"approval of form of the Treaty of Accession to trade system of the wholesale market, standard forms of the agreements providing implementation of trade in electrical energy, capacity, other goods and services which address is performed in the wholesale market;";

c) the fifth Item 7 to declare the paragraph invalid;

d) to state paragraph two of Item 9 in the following edition:

"Provision to the parties of purchase and sale agreements of electrical energy (capacity) of information on amount of subjects to obligation fulfillment selling electrical energy (capacity) and its payment, the reconciliation and (or) offsetting of mutual demands in reconvention of subjects of the wholesale market, preparation for the parties of purchase and sale agreements of electrical energy (capacity) of the documents connected with execution by them of the specified agreements are performed on a centralized basis by the specialized commercial organizations. The legislation of the Russian Federation on clearing and clearing activities does not extend to these activities.";

To add Item 3 of Article 35 with the paragraph of the following content:

"Taking into account requirements of this Federal Law and rules of the wholesale market the supervisory board of Market Council approves the list and document forms, represented for confirmation of accomplishment established by this Federal Law and rules of the wholesale market of conditions of receipt of the status of the subject of the wholesale market - the participant of turnover of electrical energy and (or) capacity in the wholesale market, procedure and terms of representation and consideration of these documents, procedure and terms of decision making about assignment to the applicant of the status of the subject of wholesale rynkauchastnik of turnover of electrical energy and (or) capacity in the wholesale market.".

Article 2

Paragraphs of the twenty second and sixty sixth of Item 26 of article 1 of the Federal Law of November 4, 2007 N 250-FZ "About modification of separate legal acts of the Russian Federation in connection with implementation of measures for reforming of Power pool system of Russia" (The Russian Federation Code, 2007, N 45, as the Art. 5427) to recognize invalid.

Article 3

1. This Federal Law becomes effective from the date of its official publication, except for provisions for which this Article establishes other terms of their introduction in force.

2. The subitem "an" of Item 2 of article 1 of this Federal Law becomes effective since January 1, 2012.

3. Paragraphs two - the fifth the subitem "b" of Item 7 of article 1 of this Federal Law become effective after hundred eighty days after day of official publication of this Federal Law.

 

 

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