ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 5, 2016 No. 999

About introduction of amendments to acts of the Government of the Russian Federation concerning forming of measures of responsibility for non-compliance with terms of implementation of actions for technological accession

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 forming of measures of responsibility for non-compliance with terms of implementation of actions for technological accession.

2. Determine that the changes approved by this resolution are applied to the agreements on implementation of technological accession to power networks signed based on the applications submitted by the applicant after entry into force of this resolution.

Approved by the Order of the Government of the Russian Federation of October 5, 2016 No. 999

Changes which are made to acts of the Government of the Russian Federation concerning forming of measures of responsibility for non-compliance with terms of implementation of actions for technological accession

1. In the order of the Government of the Russian Federation of December 27, 2004 No. 861 "About approval of Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services, Rules of non-discriminatory access to services in supervisory control in power industry and rendering these services, Rules of non-discriminatory access to services of Trading System Administrator of the wholesale market and rendering these services and Rules of technological connection of power receiving devices of consumers of electrical energy, facilities for production of electrical energy, and also the objects of electric grid economy belonging to the network organizations and other persons to power networks" (The Russian Federation Code, 2004, No. 52, Art. 5525; 2009, No. 25, Art. 3073; No. 41, Art. 4771; 2012, No. 23, Art. 3008; 2013, No. 30, Art. 4119; No. 31, Art. 4226; No. 35, Art. 4523; 2014, No. 7, Art. 689; No. 9, Art. 913; No. 32, Art. 4513; 2015, No. 20, Art. 2924; No. 28, Art. 4244):

a) in Rules of non-discriminatory access to services in transfer of electrical energy and rendering these services approved by the specified resolution, Item 15 (to add 2) with the paragraph of the following content:

"In case of the bases for payment to the consumer of electrical energy (capacity) by the network organization of the penalty provided by Rules of technological connection of power receiving devices of consumers of electrical energy, facilities for production of electrical energy, and also the objects of electric grid economy belonging to the network organizations and other persons to power networks, the network organization has no right to demand from the consumer of payment of the rendered services in transfer of electrical energy before payment to the consumer of the specified penalty. The consumer of electrical energy (capacity) shall pay the services in transfer of electrical energy rendered by such network organization, within 3 working days from payment date the network organization to the consumer of the specified penalty.";

b) in Rules of technological connection of power receiving devices of consumers of electrical energy, facilities for production of electrical energy, and also the objects of electric grid economy belonging to the network organizations and other persons, to power networks, approved by the specified resolution:

to add Item 15 after the paragraph of the twentieth with the paragraph of the following content:

"In case of the conclusion of the agreement concerning power receiving devices concerning which earlier signed agreement with the applicant is terminated by a court decision on the basis, stipulated in Item 16(5) these rules, execution of obligations by the network organization for the agreement which is again signed with such applicant begins not earlier than date and time of payment by the applicant of the network organization of penalty for the previous agreement.";

in Item 16:

in the subitem "v":

third to state the paragraph in the following edition:

"agreement obligation of the Parties in case of violation of term of the implementation of actions for technological accession provided by the agreement if the payment for technological accession under the agreement constitutes 550 rubles to pay to other agreement party the penalty equal to 5 percent from the specified general amount of payment for technological accession on the agreement for each day of delay (and if the payment for technological accession under the agreement exceeds 550 rubles, to pay to other agreement party the penalty equal to percent 0,25 from the specified general amount of payment for each day of delay), at the same time the cumulative size of such penalty in case of violation of term of implementation of actions for technological accession by the applicant cannot exceed the penalty size determined in the procedure provided by this paragraph for year of delay;";

add with paragraphs of the following content:

"agreement obligation of the Parties in case of violation of term of implementation of actions for technological accession to pay the expenses incurred by other agreement party in the amount of, determined in court resolution, the penalties connected with the need of recovery by enforcement provided by the paragraph third this subitem in case of unreasonable evasion or refusal of its payment;

the right of the network organization to take a legal action with the action of rescission of the agreement in case, stipulated in Item 16(5) these rules;";

add with Items 16 (5) and 16(6) following contents:

"16(5). Violation by the applicant of the term of implementation of actions for technological accession established by the agreement (if specifications provide step-by-step implementation of power receiving devices - the actions provided by the next stage) for 12 and more months provided that the network organization in full executes actions for technological accession which implementation term under the agreement comes earlier specified term of implementation of actions for technological accession broken by the applicant, can form the basis for agreement cancelation upon the demand of the network organization by a court decision.

16(6). The term of implementation of actions for technological accession (if specifications provide step-by-step implementation of power receiving devices - the actions provided by the next stage) is considered the broken applicant in case of approach at least of one of the following circumstances:

a) the applicant did not send to the address of the network organization the notification on accomplishment of the actions provided by specifications by it including the notification on elimination of the notes received by results of check of accomplishment of specifications;

b) the applicant evades from conducting check of accomplishment of specifications, including from carrying out repeated survey of the power receiving device after delivery of the network organization of the notification on elimination of the notes revealed as a result of check of accomplishment of specifications directed by the applicant;

c) the applicant did not resolve the comments revealed as a result of conducting check of accomplishment of specifications;

d) the applicant fulfilled in an inadequate way obligations on introduction of payment for technological accession.";

add with Item 30 (1-1) following contents:

"30(1-1). In case of violation of fixed term and procedure for the direction in the field of state regulation of rates of the statement for establishment of payment because of the network organization the network organization shall pay to authorized body of the executive authority to the applicant no later than date of complete payment by the applicant of technological accession provided by the agreement, the penalty calculated as the work 0,014 of key interest rate of the Central bank of the Russian Federation established for date of the conclusion of the agreement, and the general amount of payment for technological accession under the agreement for each day of delay, and also the expenses incurred by the applicant in the amount of, determined in court resolution, connected with need of recovery by enforcement in time.";

in appendix No. 8 to the specified Rules:

add Item 16 with the paragraph of the following content:

"Violation by the applicant of the term of implementation of actions for technological accession established by the agreement (if specifications provide step-by-step implementation of power receiving devices - the actions provided by the next stage) for 12 and more months provided that the network organization in full executes actions for technological accession which implementation term under the agreement comes earlier specified term of implementation of actions for technological accession broken by the applicant, can form the basis for agreement cancelation upon the demand of the network organization by a court decision.";

state Item 17 in the following edition:

"17. The agreement party which broke the term of implementation of actions for technological accession provided by the agreement if the payment for technological accession under the agreement constitutes 550 rubles shall pay to other party the penalty equal to 5 percent from the specified general amount of payment for technological accession on the agreement for each day of delay. At the same time the cumulative size of such penalty in case of violation of term of implementation of actions for technological accession by the applicant cannot exceed the size of the penalty determined in the procedure provided by this paragraph for year of delay.

The agreement party which broke the term of implementation of actions for technological accession provided by the agreement if the payment for technological accession under the agreement exceeds 550 rubles shall pay to other party the penalty equal to percent 0,25 from the specified general amount of payment for each day of delay. At the same time the cumulative size of such penalty in case of violation of term of implementation of actions for technological accession by the applicant cannot exceed the penalty size determined in the procedure provided by this paragraph for year of delay.

The agreement party which broke the term of implementation of actions for technological accession provided by the agreement shall pay the expenses incurred by other agreement party in the amount of, determined in court resolution, the penalties connected with the need of recovery by enforcement provided by paragraph one or the second this Item in case of unreasonable evasion or refusal of its payment.";

in appendices No. 9 - 12 to the specified Rules:

add Item 16 with the paragraph of the following content:

"Violation by the applicant of the term of implementation of actions for technological accession established by the agreement (if specifications provide step-by-step implementation of power receiving devices - the actions provided by the next stage) for 12 and more months provided that the network organization in full executes actions for technological accession which implementation term under the agreement comes earlier specified term of implementation of actions for technological accession broken by the applicant, can form the basis for agreement cancelation upon the demand of the network organization by a court decision.";

state Item 17 in the following edition:

"17. The agreement party which broke the term of implementation of actions for technological accession provided by the agreement shall pay to other party the penalty equal to percent 0,5 from the specified general amount of payment for each day of delay. At the same time the cumulative size of such penalty in case of violation of term of implementation of actions for technological accession by the applicant cannot exceed the penalty size determined in the procedure provided by this paragraph for year of delay.

The agreement party which broke the term of implementation of actions for technological accession provided by the agreement shall pay the expenses incurred by other agreement party connected with need of recovery by enforcement of the penalty provided by paragraph one of this Item in case of unreasonable evasion or refusal of its payment.".

2. After the paragraph of the sixteenth Item 35 of Bases of pricing 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; 2014, No. 25, Art. 3311; No. 44, Art. 6078; 2015, No. 37, of the Art. 5153) to add with the paragraph of the following content:

"Expenses of the network organization in the amount of, determined in court resolution, the penalties suffered by it on payment under the agreement on implementation of technological accession in case of violation by the specified network organization of term of the implementation of actions for technological accession provided by such agreement are not subject to accounting in case of establishment of regulated prices (rates).".

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