OREANDA-NEWS. June 02, 2011. The Supreme Arbitration Court of the Russian Federation supported the decision of the Office of the Federal Antimonopoly Service in the Rostov region (Rostov OFAS Russia) that “Donenergo” OJSC violated Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

At the beginning of 2010, Rostov OFAS Russia received a petition from a physical person, whom “Donenergo” OJSC had obligated to pay 550 Rubles for technological connection of his energy-receiving devices and to independently wire electric power supply to his garage from an outdoor installation cabinet, located outside the boundaries of its land plot, and install protection devices.

The Commission of Rostov OFAS Russia established that the “Rules for Technological Connection of Energy-Receiving Devices of Consumers of Electric Power Energy” specify the following assignment of duties between the parties for execution of technical conditions: within the boundaries of a plot where the petitioner’s energy-receiving devices are located – for the petitioner, and delivering to the boundaries of the petitioner’s plot, including settling relations with other persons– for a network organization.

The same Rules establish a 550-Ruble fee for technological connection of energy-receiving devices of maximum capacity provided that the distance from the boundaries of a petitioner’s plot to the power supply network facilities of the network organization, where the application was filed, does not exceed 300 meters in towns and 500 meters in rural areas. Thus, the citizen was not responsible for installing the cable line from his facility to the outdoor installation cabinet, located at a distance of around 25 meters, and the 550-Ruble fee includes the costs of technological connection of energy-receiving devices on the boundary of the petitioner’s land plot.

Rostov OFAS Russia found that “Donenergo” OJSC was imposing disadvantageous contract conditions upon a customer that were not provided for by the law.

“Donenergo” OJSC filed a lawsuit challenging the decision of Rostov OFAS Russia. The Rostov Regional Arbitration Court and the 15th Arbitration Appeal Court confirmed legitimacy of the decision made by the antimonopoly body.

However, the Federal Arbitration Court of North Caucasus District revoked both judicial acts and invalidated the decision of Rostov OFAS Russia.

On 18th May 2011, the Supreme Arbitration Court of the Russian Federation passed a final ruling on the case Rostov OFAS Russia vs. “Donenergo” OJSC. The Supreme Arbitration Court concluded that the petitioner should install electric equipment only within the boundaries of his plot and all communications outside its boundaries are within the scope of reference of the electric grid company.

According to the Head of Rostov OFAS Russia, Mr. Vadim Korneev: “Our victory in the Supreme Arbitration Court is of considerable significance to the residents of the region because now they are not going to pay for the losses of the electric grid company on these plots. It is also quite important that “Donenergo” OJSC will be responsible for coordinating actions of the owners of the plots of land, where the cable will be put, and the local self-government bodies and other government agencies”.