OREANDA-NEWS. September 03, 2010. The Federal Antimonopoly Service (FAS Russia) initiated a case against “Russian Railways” OJSC (“RZhD” OJSC) for the signs of violating Part 1 Article 15 of the Federal Law “On Protection of Competition” (abusing market dominance). FAS suspects that the Dalnevostochny branch of “RzHD” – “Dalnevostochnaya Railway” –may have unlawfully refused to provide technical connection to electric power networks for a residential house in the Primorye region, reported the press-centre of FAS Russia.

Under the law, the branch of “RZhD” OJSC is a regional network organization and a natural monopoly.

FAS Russia established that “RZhD” OJSC responded to an application from a resident by refusing to issue technical conditions for increasing the volume of connected capacity. The company explained its actions that its power supply lines are designed for railway facilities and not for the social sector (the company regulations prohibit connecting outside consumers to the facilities of “RZhD” OJSC that ensure train traffic safety).

“RZhD” OJSC also explained that incasing consumed capacity may exceed the threshold values for loading power network facilities.

In the FAS Russia’s opinion, the resident in question is not included in the category of applicants, to whom the criteria of technical possibility for technical connection in accord with the rules for technical connection of energy-receiving devices of customers, approved by the Government of the Russian Federation, are not applicable.

According to the document, regardless of absence of technical possibility, a network company is obligated to enter in a relevant contract if an applicant belongs to the so-called “preferential consumer group” and take measures for providing technical connection.