OREANDA-NEWS. December 23, 2010. The Federal Arbitration Court of Povolzie District (Kazan) pronounced legitimacy of the decision made by the Office of the Federal Antimonopoly Service in the Ulyanovsk region (Ulyanovsk OFAS Russia) regarding “Gorodskoi Teploservice” Ulyanovsk Municipal Unitary Enterprise, reported the press-centre of FAS Russia.

On 24th February 2010, Ulyanovsk OFAS Russia initiated an antimonopoly case against “Gorodskoi Teploservice” upon a petition of “Klyon” Housing Cooperative.

Having investigated the case, the Commission of Ulyanovsk OFAS Russia found that the company violated Part 1 Article 10 of the Federal Law “On Protection of Competition”.

The natural monopoly breached the pricing procedures established by a normative legal act: heat energy consumption by “Klyon” Housing Cooperative in January – April 2009 was calculated with violations of the existing law.

According to the normative documentation, “Gorodskoi Teploservice” should have calculated utility payment (heating) due by “Klyon” Housing Cooperative based on the Decree of the Ulyanovsk City Mayor, which fixed the annual heat energy allowance for 1 sq. m. of heated housing premises without metering devices at 0.19 Gcal.

However the company regularly violated the Rules for providing utilities for physical persons: “Gorodskoi Teploservice” calculated the payment for heat energy based on the volume of consumed utility resources, which was determined in accordance with the Technique for determining the quantity of heat energy and heat carriers in the water systems of municipal heat supply, approved by the Order of the State Committee for Construction and Housing Policy of the Russian Federation.

Such actions of “Gorodskoi Teploservice” infringed the interests of “Klyon” Housing Cooperative and all residents at 95, Yefremova St., Ulyanovsk, as payments were demanded for more heat energy that it should have been in accordance with the existing legislation.

The Head of the Department of the Goods Markets, of Ulyanovsk OFAS Russia, Ms. Marina Stepanova pointed out: “Violations of “Gorodskoi Teploservice” were committed in an especially important area – consumption of hear energy by individual citizens. These prices are fully regulated by the government authorities and local self-government bodies. The company went beyond the limits allowable civil rights, obligating its customers, for whom it enjoys the dominant position, to pay for a bigger quantity of heat energy”.

“Gorodskoi Teploservice” disagreed with the decision of the antimonopoly body and filed a lawsuit. All three Court Instances unanimously took the side of Ulyanovsk OFAS Russia and pronounced its decision legitimate.