OREANDA-NEWS. June 29, 2009. The Sverdlovsk Regional Arbitration Court confirmed that "Sverdlovenergosbyt" OJSC violated the antimonopoly legislation. "Sverdlovenergosbyt" OJSC withheld from the Sverdlovsk Regional Energy Commission and regional energy companies information about the committed capacity of its customers. Such information is necessary to determine essential conditions of the contract for paid services of transmitting electric power, reported the press-centre of FAS Russia.

The Court dismissed the claim of "Sverdlovenergosbyt" OJSC against the Sverdlovsk OFAS Russia and confirmed validity of the decision and determination of OFAS Russia. Part 1 Article 10 of the Federal Law "On Protection of Competition" prohibits actions (lack of actions) of an economic entity that has dominant position, if they have resulted or can result in preventing, restricting or eliminating competition and (or) infringing the interests of other persons.

On 25th March 2009, the Sverdlovsk OFAS Russia found that "Sverdlovenergosbyt" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" and issued a determination on eliminating the violations by presenting the information on the committed capacity of "MRSK Urala" OJSC for each point of supply of electric power to the consumers of "Sverdlovenergosbyt" OJSC, connected to the networks of "MRSK Urala" OJSC.

The case was initiated upon petitions from the Sverdlovsk Regional Energy Commission, "Mezhregional'naya Raspredelitelnaya Kompania Urala" OJSC and "Energotransportnaya Kompania" Ltd.

"Sverdlovenergosbyt" OJSC evaded disclosing the information on the committed capacity, which prevented approval of economically justified rates for electric power and its transmission services and created a real threat of infringing the interests of network organisations for establishing economically justified rates, as well as the interests of consumers.

Under Clauses 10 and 12 of the Rules of Government Regulation and Application of the Rates for Electric and Heat Energy in the Russian Federation, approved by the Government of the Russian Federation, organisations involved in regulated activities must present to an appropriate regulating body the balance of electric capacity, including information on the committed, maximum available and working generated capacity.

Under the Decree of the Sverdlovsk Regional Energy Commission, a provider of last resort must agree upon and present the balance of electric power for consumers of an energy supplying organisation, necessary for the Sverdlovsk Regional Energy Commission to set the rates.