ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 20, 2015 No. 1116

About introduction of amendments to some acts of the Government of the Russian Federation concerning price regulation on electrical energy and capacity in the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands - the Kaliningrad region, and also concerning determination and application of price increment on capacity for the purpose of partial compensation of cost of electrical energy and capacity of subjects of the wholesale market - electric power producers and capacities which generating equipment is located in the Kaliningrad region

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 price regulation on electrical energy and capacity in the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands - the Kaliningrad region, and also concerning determination and application of price increment on capacity for the purpose of partial compensation of cost of electrical energy and capacity of subjects of the wholesale market - electric power producers and capacities which generating equipment is located in the Kaliningrad region.

2. To Federal Antimonopoly Service in case of establishment of regulated prices (rates) for electrical energy and capacity concerning the generating objects functioning in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands - the Kaliningrad region to provide accounting of the means half-received (excessively received) in preceding period of regulation owing to discrepancy of the indicators considered in regulated prices (rates) (including specific fuel consumption) to the actual values, and also the additional expenses incurred owing to transition of the specified generating objects in work with incomplete project structure of the switched-on capital equipment for the purpose of implementation of decisions of the Government of the Russian Federation.

Approved by the Order of the Government of the Russian Federation of October 20, 2015 No. 1116

Changes which are made to acts of the Government of the Russian Federation concerning price regulation on electrical energy and capacity in the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands - the Kaliningrad region, and also concerning determination and application of price increment on capacity for the purpose of partial compensation of cost of electrical energy and capacity of subjects of the wholesale market - electric power producers and capacities which generating equipment is located in the Kaliningrad region

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 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; 2012, No. 23, Art. 3008; 2013, No. 31, Art. 4234; 2014, No. 19, Art. 2414; No. 23, Art. 2994; No. 34, Art. 4677; 2015, No. 36, Art. 5034):

a) add Item 116 with paragraphs of the following content:

"Since July 1, 2016 the cost of the capacity sold following the results of competitive selection of capacity in the first price zone of the wholesale market by the subject of the wholesale market, stipulated in Item 2 orders of the Government of the Russian Federation of October 20, 2015 to No. 2098-r is calculated using the allowance. The size of the specified allowance is calculated the organization of commercial infrastructure as the relation of the following sizes:

the amount of works of the regulated price (rate) for capacity established for the generating equipment located in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands - the Kaliningrad region (further - the territory of the Kaliningrad region), the coefficient of seasonality applied in month in which delivery, the size equal to difference of unit and coefficient of the decrease determined according to Item 182 (1) these rules, and the minimum value from two sizes - the extreme scope of supply of capacity of the generating equipment located in the territory of the Kaliningrad region, and its installed capacity determined based on the balance estimation for the corresponding period of the regulation reduced by capacity underdelivery amount is performed determined according to these rules in case of failure to carry out by the supplier of the requirements specified in the subitem 1 of Item 48 of these rules and subitems 1, of 3, 4 and 6 - 9 Items 50 of these rules;

the capacity total volume sold by the subject of the wholesale market specified in the paragraph the twenty first this Item in the first price zone of the wholesale market under the agreements signed by results of competitive selection of capacity.";

b) in Item 170:

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

"Concerning the generating objects of the thermal power plants provided by the list of the generating objects of the thermal power plants which are subject to construction in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands, - the Kaliningrad region, the approved order of the Government of the Russian Federation of October 20, 2015 No. 2098-r, the constructed and put into operation in the territory of the Kaliningrad region, regulated prices (rates) for electrical energy and capacity are determined within 180 months from the date of, determined in the specified list concerning the corresponding generating object, according to appendix No. 5(1) to pricing Bases in the field of regulated prices (rates) in power industry, the approved 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 specified regulated prices (rates) are determined by the organization of commercial infrastructure and published on the official site in is information - telecommunication network "Internet".";

c) in Item 176:

the paragraph one to state in the following edition:

"176. The amount of the capacity which is actually delivered on the wholesale market by the suppliers functioning in not price zones of the wholesale market is determined equal to the minimum size from value of the installed capacity determined based on the balance estimation for the corresponding period of regulation, and extreme value of scope of supply of the capacity of the generating equipment reduced by the amount of capacity underdelivery determined according to these rules in case of failure to carry out by the supplier of the requirements specified in the subitem 1 of Item 48 and subitems 1, of 3, 4 and 6 - 9 Items 50 of these rules. For the subject of the wholesale market - the electric power producer (capacity), stipulated in Item 2 orders of the Government of the Russian Federation of October 20, 2015 No. 2098-r, the amount of the capacity which is actually delivered with use of the generating equipment located in the territory of the Kaliningrad region in addition is multiplied by the decrease coefficient determined according to Item 182 (1) these rules.";

third to add the paragraph with the offer of the following content: "In case of determination of coefficient of reservation of capacity for the territory of the Kaliningrad region the capacity amount for ensuring export of electrical energy is considered proceeding from the maximum value from two sizes - amount of the actual peak consumption and amount of capacity making 40 percent of average for the previous 12 calendar months of value of the actual peak consumption of the corresponding export delivery.";

the offer first of the paragraph of the fourth after the words "in the territory of not price zone of the wholesale market" to add with the words "except for sizes of purchase of capacity in the territory of the Kaliningrad region the organization performing export-import transactions";

add with the paragraph of the following content:

"The size of purchase of capacity in the territory of the Kaliningrad region the organization performing export-import transactions is determined by the organization of commercial infrastructure according to the Treaty of Accession to trade system of the wholesale market as the work of the corresponding coefficient of reservation of capacity and maximum value from two sizes - amount of the actual peak consumption and amount of capacity making 40 percent of average for the previous 12 calendar months of value of the actual peak consumption of the corresponding export delivery.";

d) add the Section XIII with Item 182 (1) the following content:

"182(1). The coefficient of decrease is determined concerning the generating objects of the subject of the wholesale market located in the territory of the Kaliningrad region - the electric power producer (capacity), stipulated in Item 2 orders of the Government of the Russian Federation of October 20, 2015 No. 2098-r, the commercial operator according to the procedure established by the Treaty of Accession to trade system of the wholesale market as the relation of the following sizes:

the capacity purchase cost amount by the buyers located in the territory of the Kaliningrad region increased by 1,1, the amount of works of indication price of capacity calculated as cumulative since the beginning of the period of regulation prior to the beginning of settlement period (concerning settlement period of January - for previous period of regulation), amounts of the actual peak consumption of the specified buyers and the coefficients of seasonality determined for the corresponding months, the cost of purchase of electrical energy by the buyers located in the territory of the Kaliningrad region, calculated as cumulative since the beginning of the period of regulation prior to the beginning of settlement period (concerning settlement period of January - for previous period of regulation) the amount of works of indication price of electrical energy and amounts of the actual consumption of the specified buyers, the cost of purchase of electrical energy, cumulative for the same period, and costs of purchase of capacity by the organization for management of single national (all-Russian) power network (for the organizations performing export-import transactions for the purposes of the specified calculation as amount of the actual peak consumption the maximum value from two sizes - amount of the actual peak consumption and amount of capacity making 40 percent of average for the previous 12 calendar months of value of the actual peak consumption is accepted);

determined since the beginning of the period of regulation prior to the beginning of month in which delivery is performed (concerning January - for previous period of regulation), the amount of works of the actual production volume of electrical energy of the generating equipment located in the territory of the Kaliningrad region less consumption amount for own and (or) economic needs and the regulated price (rate) for electrical energy established concerning such equipment, and also works of the regulated price (rate) for capacity established concerning the generating equipment located in the territory of the Kaliningrad region, the coefficient of seasonality determined for the corresponding month, and the minimum value from two sizes - the extreme scope of supply of capacity of such equipment and its installed capacity determined based on the balance estimation for the corresponding period of regulation reduced by the capacity underdelivery amount determined according to the presents

Rules in case of failure to carry out by the supplier of the requirements specified in the subitem 1 of Item 48 of these rules and subitems 1, of 3, 4 and 6 - 9 Items 50 of these rules.

Till July 1, 2016 the coefficient of decrease is established equal to unit. This coefficient is also established equal to unit if value of the relation of the sizes determined in paragraphs second and third this Item exceeds unit.".

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; No. 23, Art. 3008; No. 24, Art. 3185; No. 28, Art. 3897; No. 41, Art. 5636; 2013, No. 1, Art. 68; No. 22, Art. 2817; No. 26, Art. 3337; No. 27, Art. 3602; No. 31, Art. 4216, 4234; No. 35, Art. 4528; No. 44, Art. 5754; No. 47, Art. 6105; 2014, No. 8, Art. 813; No. 9, Art. 919; No. 11, Art. 1156; No. 23, Art. 2994; No. 25, Art. 3311; No. 28, Art. 4050; No. 32, Art. 4521; No. 33, Art. 4596; No. 34, Art. 4677; No. 35, Art. 4769; No. 44, Art. 6078; No. 50, Art. 7094; 2015, No. 1, Art. 259; No. 2, Art. 474, 477; No. 5, Art. 827; No. 8, Art. 1167; No. 9, Art. 1324; No. 10, Art. 1541; No. 20, Art. 2924; No. 23, Art. 3312):

a) in Item 47 of the word "determines price increment on capacity and (or) to equilibrium price on the electrical energy established and applied according to the procedure, established by the Government of the Russian Federation, for the purpose of partial compensation of cost of capacity and (or) electrical energy of subjects of the wholesale market-electric power producers (capacity) which generating equipment is located in the territories of the subjects of the Russian Federation which do not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands, and also" to replace with the word "establishes";

b) to add Item 49 after paragraph one with the paragraph of the following content:

"Concerning the generating objects of the thermal power plants constructed and put into operation in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands, - the Kaliningrad region, within 180 months from the date of, the generating object provided in the relation corresponding the list of the generating objects of the thermal power plants which are subject to construction in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands - the Kaliningrad region, the approved order of the Government of the Russian Federation of October 20, 2015 No. 2098-r, regulated prices (rates) for electrical energy and capacity are determined by technique according to appendix No. 51, of the delivery of capacity of such generating cost objects to their construction and operation providing compensation within 180 months after the beginning in full on condition of execution by the supplier of obligations on delivery of capacity, the observance of fixed terms of the beginning of delivery of capacity and fulfillment of requirements provided by 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 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".";

c) add Item 60 with the paragraph of the following content:

"Concerning the generating objects of the thermal power plants constructed in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands, - the Kaliningrad region, the generating objects of the thermal power plants which are subject to construction in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands provided by the list - the Kaliningrad region, the approved order of the Government of the Russian Federation of October 20, 2015 No. 2098-r, amounts of installed capacity in the composite balance estimation correspond to the actual values of installed capacity of the objects put into operation if specified values lie in the range of values of installed capacity, provided concerning corresponding generating object in the specified list. If the actual value of installed capacity of the generating object put into operation makes less lower bound or more upper bound of the specified range, then the amount of installed capacity for such generating object is equal in the composite balance estimation respectively minimum or maximum of the values provided concerning the corresponding generating object in the specified list.";

d) add with appendix No. 5(2) of the following content:

"Appendix No. 5.1

to pricing Bases in the field of regulated prices (rates) in power industry

Method of calculation of regulated prices (rates) for electrical energy and capacity for the generating objects of the thermal power plants constructed and put into operation in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands - the Kaliningrad region after January 1, 2016.

This technique is applied to calculation of regulated prices (rates) for electrical energy and capacity for the generating objects of the thermal power plants constructed and put into operation in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands, - the Kaliningrad region (further - the territory of the Kaliningrad region) after January 1, 2016, the generating objects of the thermal power plants which are subject to construction in the territory of the subject of the Russian Federation which does not have administrative borders with other subjects of the Russian Federation and not belonging to the territories of islands provided by the list - the Kaliningrad region, the approved order of the Government of the Russian Federation of October 20, 2015 No. 2098-r (further - the list of the generating objects), also provides compensation within 180 months after the beginning of delivery of capacity of such generating cost objects to their construction and operation in full on condition of execution by the supplier of obligations on delivery of capacity, the observance of fixed terms of the beginning of delivery of capacity and fulfillment of requirements provided by 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 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".

2. Regulated prices (rates) for electrical energy and capacity for the generating objects of the thermal power plants constructed and put into operation in the territory of the Kaliningrad region after January 1, 2016 is calculated concerning the generating object taking into account its reference to one of the following types of the generating objects:

a) the generating objects based on gas-piston aggregates;

b) the generating objects based on steam-gas installations, and also other types of objects, except for the objects specified in subitems "an" and "v" - "д" this Item;

c) the generating objects based on the steam-power installations using natural gas as the main fuel;

d) the generating objects based on the steam-power installations using coal as the main fuel;

e) the generating objects based on gas turbine installations.

3. Regulated price (rate) for electrical energy for the generating objects of the thermal power plants constructed and put into operation in the territory of the Kaliningrad region after January 1, 2016 is equal to the amount of the following components:

a) the work established according to this technique for corresponding like the generating objects of value of specific consumption of conditional fuel and the price of the corresponding type of fuel taking into account caloric equivalent of the corresponding fuel (concerning natural gas - the price established by federal executive body in the field of regulation of rates taking into account caloric equivalent, concerning coal - based on the data obtained from Market Council);

b) the cost of services of the commercial operator of the wholesale market in the next period of regulation on 1 kW · h electrical energy;

c) the price adjustment size established according to this technique providing accounting of the means half-received (excessively received) in preceding period because of discrepancy of value of the specific fuel consumption considered when calculating the regulated price (rate), to the actual value of specific fuel consumption in connection with difference of the operating mode of the generating object set by the system operator in the corresponding period from the mode proceeding from which value of specific fuel consumption for the corresponding period was determined.

4. Value of specific consumption of conditional fuel for the purpose of determination of the regulated price (rate) for electrical energy is accepted equal to the standard rate of specific fuel consumption in case of production of electrical energy established for the corresponding generating object by the federal executive body performing functions on development and realization of state policy and the normative legal regulation in the field of fuel and energy complex divided into the coefficient of compliance to modern samples equal to the relation of value of specific fuel consumption of the generating object put into operation during its work in the nominal mode to the size equal:

To 256 grams of conditional fuel on development of 1 kW · h electrical energy - for the generating objects based on gas-piston aggregates;

To 240 grams of conditional fuel on development of 1 kW · h electrical energy - for the generating objects based on steam-gas installations, and also other types of the generating objects which are not relating to the generating objects based on gas-piston aggregates, gas turbine installations and steam-power installations;

To 320 grams of conditional fuel on development of 1 kW · h electrical energy - for the generating objects based on the steam-power installations using natural gas as the main fuel;

To 353 grams of conditional fuel on development of 1 kW · h electrical energy - for the generating objects based on the steam-power installations using coal as the main fuel;

To 346 grams of conditional fuel on development of 1 kW · h electrical energy - for the generating objects based on gas turbine installations.

Value of specific fuel consumption of the generating object put into operation during its work in the nominal mode is determined by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of fuel and energy complex and goes to the commercial operator of the wholesale market to 10-day time after input of the generating object in operation.

The size of price adjustment is calculated as increased by the price of the corresponding type of fuel taking into account caloric equivalent of the corresponding fuel and difference of the following sizes, divided into coefficient of compliance to modern samples:

value of the specific fuel consumption corresponding to the actual operating mode of the generating object in prior calendar year (concerning the period the size calculated by data about the actual operating mode in the calendar year preceding previous is used from January 1 to March 31);

value of the standard rate of the specific fuel consumption in case of production of electrical energy established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of fuel and energy complex for the corresponding generating object and considered when calculating the regulated price (rate) for electrical energy for prior year (concerning the period the corresponding size for the calendar year preceding previous is used from January 1 to March 31).

The value of specific fuel consumption corresponding to the actual operating mode of the generating object is determined by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of fuel and energy complex and goes to the commercial operator of the wholesale market till April 1, annually, since the year following after year in which delivery of capacity of the generating object began.

The size specified in paragraph eight of this Item is adjusted with use of the index equal to the amount of unit and average value of key interest rate of the Central bank of the Russian Federation for the previous calendar year determined taking into account the features provided by the Treaty of Accession to trade system of the wholesale market.

5. Regulated price (rate) for capacity for the generating objects of the thermal power plants constructed and put into operation in the territory of the Kaliningrad region after January 1, 2016 is determined as one twelfth specific necessary gross revenues, determined for the generating object according to this technique.

6. Calculation of specific necessary gross revenue of the generating object for the purposes of determination of the price of capacity in year of g (NVV) is perfromed on formula:

                         NVV = (Rg - rg/2) / (1 - NPG) x ND + rg + KZ x

                             x (30 + 1 - 2 x g) / 30 x NIG + EZG x 12,

where:

Rg - amount of funds for compensation of capital costs as of the beginning of year of g;

rg - the size of the capital costs compensated in year of g;

NPG - the settlement size determined according to the Treaty of Accession to trade system of the wholesale market proceeding from g of values of the tax rate established for calculation of the income tax of the organizations which is subject to transfer in the federal budget of the Russian Federation, and the tax rate established for calculation of the income tax of the organizations which is subject to transfer in the budget of the subject of the Russian Federation in the territory of which the generating object is located operating in year;

ND - the rate of return of the invested capital established to equal 14 annual interest rates;

KZ - value specific (on 1 MW of installed capacity of the generating object) capital costs concerning the generating object, established no later than start date of delivery of the capacity provided by the list of the generating objects, the federal executive body performing functions on development and realization of state policy in the field of fuel and energy complex in coordination with federal executive body in the field of social and economic policy and federal executive body in the field of regulation of rates based on the offers of Market Council created following the results of data analysis about capital costs concerning the corresponding generating object. For the purposes of preparation by Market Council of the specified offers the supplier shall not later than 12 months to provided by the list of the generating objects of start date of delivery of capacity to provide to Market Council data on capital costs (including including the design estimates on construction of the generating object, agreements which conclusion is directed to construction of the generating object, and documents on obligation fulfillment under such agreements). In that case Market Council shall within 4 months after receipt of the specified documents to send the offers on the size of the specific capital costs determined as the relation of size of capital costs to the size of installed capacity put (planned to input) into operation of the generating object (but it is at least minimum of the sizes determining the range of values of installed capacity specified concerning the corresponding generating object in the list of the generating objects), to the federal executive body performing functions on development and realization of state policy in the field of fuel and energy complex. After establishment by the solution of the federal executive body performing functions on development and realization of state policy in the field of fuel and energy complex of value of specific capital costs this value goes to the commercial operator of the wholesale market and is applied by it in calculations;

g - sequence number of calendar year, since year in which delivery of electrical energy and capacity of the generating object began;

NIG - the rate of the property tax of the organizations operating in year of g in subject of the Russian Federation in which the property tax of the organizations concerning the generating object is paid;

EZG - the size of operating costs determined according to this technique in year of g.

7. Operating costs in 2015 are accepted by equal:

181 thousand rubles/MW a month - for the generating objects based on gas-piston aggregates;

126 thousand rubles/MW a month - for the generating objects based on the steam-gas installations and steam-power installations using natural gas as the main fuel and also for the generating objects of other types, except for the objects specified in subitems "a", "g" and "d" of Item 2 of this technique;

282 thousand rubles/MW a month - for the generating objects based on the steam-power installations using coal as the main fuel;

139 thousand rubles/MW a month - for the generating objects based on gas turbine installations.

The size of operating costs is indexed from January 1, 2015 to January 1 year concerning which the regulated price (rate) for capacity, according to change of the consumer price index determined and published by the federal executive body performing functions on forming of official statistical information is calculated.

8. Amount of funds for compensation of capital costs as of the beginning of year at which delivery of electrical energy and capacity began (R 1), is determined by formula:

                               R1 = (KZ + TP) x (1 + ND) Sstr/2,

where:

TP - specific (on 1 MW of installed capacity) the payment for technological accession of the generating object to power and gas distribution networks determined according to Item 11 of this technique;

Sstr - the term of construction of the generating object accepted to equal 4 years for the generating objects carried to the type of the generating objects provided by the subitem "g" of Item 2 of this technique and 3 years for the generating objects carried to the other types of the generating objects provided by subitems "an" - "in" and "д" Item 2 of this technique.

9. The amount of funds for compensation of capital costs as of the beginning of year of g is determined since the year following after year in which delivery of electrical energy and capacity, on formula began:

                                           Rg = Rg-1 - rg-1,

where:

Rg-1 - the size of funds for compensation of capital costs as of the beginning of year of g-1;

rg-1 - the size of the capital costs compensated in year of g-1.

10. The size of the capital costs compensated in year of g (rg) is determined by formula:

                                    rg = Rg x (ND) / ((1 + ND) 16-g).

11. The specific payment for technological accession of the generating object to power and gas distribution networks in year of g is determined as the relation of the amount of payment for technological accession of the generating object to power networks and the payments for technological accession of the generating object to gas distribution networks approved by relevant organ of the executive authority in the field of state regulation of rates and (or) executive body of the subject of the Russian Federation in the field of state regulation of rates, to amount of installed capacity of the generating object of thermal power plant constructed and put into operation in the territory of the Kaliningrad region after January 1, 2016 (but it is at least minimum of the sizes determining the range of values of installed capacity specified concerning the corresponding generating object in the list of the generating objects).".

 

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