ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 30, 2012 No. 1482

About introduction of amendments to acts of the Government of the Russian Federation concerning change of the procedure of change of the guaranteeing suppliers

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 change of the procedure of change of the guaranteeing suppliers.

2. To the Ministry of Energy of the Russian Federation in coordination with Federal Antimonopoly Service, Federal Tariff Service and the Ministry of Economic Development of the Russian Federation in 4-month time to develop and provide to the Government of the Russian Federation offers on modification of regulatory legal acts regarding refining of the procedure of change of the guaranteeing suppliers if upon termination of the term for which the territorial network organization is given the status of the guaranteeing supplier in the corresponding zone of activities there is no organization declared as the winner of tender, or the organizatsiipobeditel of tender is not given the status of the guaranteeing supplier.

3. Determine that Item 11 (1) 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 N 1178, regarding not exceeding of size of the prices (rates) and their limits in the first half of the year of the next annual period of regulation over the size of the corresponding prices (rates) and their limits in the second half of the year of preceding annual period of regulation as of December 31 it is not applied in case of establishment (review) for 2013 of sales allowances of the guaranteeing suppliers taking into account methodical instructions, stipulated in Item the 6th orders of the Government of the Russian Federation of May 4, 2012 N 442, and the prices (rates) for electrical energy (capacity) delivered to buyers in the retail markets in the territories not united in price zones of the wholesale market (except for electrical energy (capacity), delivered to the population and categories of consumers equated to it) as a part of which the sales allowances of the guaranteeing suppliers established according to the specified methodical instructions are considered.

4. To executive bodies of subjects of the Russian Federation in the field of state regulation of rates till March 1, 2013:

bring since January 1, 2013 decisions on establishment of sales allowances of the guaranteeing suppliers, the 6th orders of the Government of the Russian Federation accepted without methodical instructions, stipulated in Item of May 4, 2012 N 442, into compliance with the specified methodical instructions;

review since January 1, 2013 for the purpose of accounting of the sales allowances of the guaranteeing suppliers of the price (rates) for electrical energy (capacity) delivered to buyers in the retail markets in the territories not united in price zones of the wholesale market, except for electrical energy (capacity) delivered to the population and categories of consumers equated to it for 2013 established according to the paragraph the second this Item.

Approved by the Order of the Government of the Russian Federation of December 30, 2012 No. 1482

Changes which are made to acts of the Government of the Russian Federation concerning change of the procedure of change of the guaranteeing suppliers

1. In the 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 N 1172 (The Russian Federation Code, 2011, N 14, Art. 1916; N 42, of Art. 5919; 2012, N 23, Art. 3008):

a) state Item 22 in the following edition:

"22. The organization joins in the register of subjects of the wholesale market according to the solution of the supervisory board of Market Council.";

b) in Item 23:

add subitem 1 with the text of the following content:

"The territorial network organization for the purpose of implementation of functions of the guaranteeing supplier according to Basic provisions of functioning of the retail markets of electrical energy shall correspond to the following quantity characteristics applied concerning the objects of electric grid economy located in the territory of 1 subject of the Russian Federation:

the annual average declared capacity of consumers of this network organization according to the composite balance estimation of production and deliveries of electrical energy (capacity) within Power pool system of Russia on subjects of the Russian Federation makes at least 25 percent from the cumulative annual average declared capacity of all consumers in the territory of appropriate subject of the Russian Federation considered when forming the composite balance estimation of production and deliveries of electrical energy (capacity) within Power pool system of Russia on subjects of the Russian Federation and makes the largest size in comparison with annual average total values of the declared capacity of consumers of the other network organizations in the territory of appropriate subject of the Russian Federation, considered when forming the composite balance estimation of production and deliveries of electrical energy (capacity) within Power pool system of Russia on subjects of the Russian Federation;";

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

"Requirements about holding actions of technical nature and about approval of the system operator and organization of commercial infrastructure of groups of points of delivery are not applied to receipt of the status of the subject of the wholesale market by the territorial network organizations to which according to Basic provisions of functioning of the retail markets of electrical energy the status of the guaranteeing supplier can be given.";

c) in Item 36:

the paragraph one to replace with the text of the following content:

"36. In case of establishment by Market Council or other organization of commercial infrastructure of violation by the participant of the wholesale market of requirements of Items 23 - 27 these rules (taking into account Items 28 and 29 of these rules) participation of the subject of the wholesale market in trade in electrical energy and capacity in the corresponding group of points of delivery stops in cases and according to the procedure which are established by the Treaty of Accession to trade system of the wholesale market.

In case of establishment by Market Council or other organization of commercial infrastructure of numerous violation by the organization of these rules, including in the form of non-execution or improper execution of obligations on payment of electrical energy, capacity and (or) services in supervisory control in power industry for 2 settlement periods under the relevant agreements or in the form of violation of the requirement about the provision of ensuring obligation fulfillment for payment of electrical energy and (or) capacity in the amount of provided by the Treaty of Accession to trade system of the wholesale market, according to the procedure, established by the Treaty of Accession, the organization of commercial infrastructure can make the decision on the termination of delivery (purchase) by the subject of the wholesale market of electrical energy and capacity in the corresponding group of points of delivery.";

in the paragraph the second to exclude the words "in connection with approach of resolutive condition of its implementation";

d) to add Item 37 after the paragraph of the fifth with the paragraph of the following content:

"discrepancies of the territorial network organization to requirements imposed to subjects of the wholesale market regarding the quantity characteristics applied concerning the objects of electric grid economy located in the territory of one subject of the Russian Federation in case of absence at such territorial network organization of the status of the guaranteeing supplier;";

e) state Item 39 in the following edition:

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