OREANDA-NEWS. August 25, 2011. To strengthen enforcement of information disclosure standards by participants of the wholesale and retial electric power markets, the Federal Antimonopoly Service (FAS Russia) analysed the results achieved in this area in 2010 –Q1 2011, reported the press-centre of FAS Russia.

Under No.331 Decree of the Government of the Russian Federation “On Approving the Regulations on the Federal Antimonopoly Service” of 30th June 2004, FAS is authorised to enforce information disclosure standards for participants of the wholesale and retail electric power markets.

Participants of the electric power markets are obligated to disclose information under the Information Disclosure Standards approved by No.24 Decree of the Government of the Russian Federation of 21st January 2004.

Analysis of the obtained data showed that in 2010 - Q1 2011 the Central Office of FAS Russia and its regional offices opened 295 administrative cases under Article 9.15 of the Code of the Russian Federation on Administrative Violations –breaching information disclosure standards by participants of the wholesale markets of electric power and capacity and retail markets of electric power.

FAS found that economic entities violated the following Clauses of the Information Disclosure Standards:

- Clause 2 (obligation to disclose information under the Information Disclosure Standards) – 6 economic entities,

- Clause 3 (place of publishing information) – 12 economic entities,

- Clause 9 (disclosing accounting reports, the structure and size of the costs of production and sales of goods (works, services) as well as information required to apply the return in investment capital method for government regulation of the tariffs on the electric power markets) – 80 economic entities,

- Clause 10 (place and period of publishing annual financial (accounting) reports as well as audit reports (if an audit was completed as required by the law of the Russian Federation) – 32 economic entities,

- Clause 11 (requirements for the content of the information subject to publishing by a network organisation) – 152 economic entities,

- Clause 12 (place and periods for publishing information by a network organisation) – 70 economic entities,

- Clause 15 (requirements for the content of the information subject to publishing by electric power generating companies) – 9 economic entities,

- Clause 16 (requirements for publishing information by hydroelectric power stations) – 3 economic entities,

- Clause 20 (requirements for the content of the information subject to publishing by energy suppliers, energy sales organisations and providers of last resort) – 25 economic entities,

- Clause 21 (place and periods for publishing information by energy suppliers, energy sales organisations and providers of last resort) – 7 economic entities,

- Clause 22 (obligation to publish information about the size of regulated sales mark-ups by providers of last resort specifying a decision of the regulating body about setting the tariff (this information is subject to publishing in the official print media at least annually), as well as about the volume of electric power purchased on the wholesаle market, including the free trade sector and the regulated sector, un der bilateral buying-and selling contracts (this information has to be disclosed on a monthly basis)) – 7 economic entities,

- Clause 23 (obligation of energy suppliers, energy sales organisations and providers of last resort, whose buyers include physical persons – consumers and (or) equivalent groups (categories) of consumers (buyers) under normative legal acts on government tariff regulation, to publish information about the amount of electric power (capacity) bought on the retail electric power market and about the actual net electricity supply to customers separating supplies for the population (this information must be published on the official web-site of a sales company on a monthly basis)) – 5 economic entities.

In 2010 –Q1 2011 the antimonopoly bodies initiated 136 administrative cases against officials; and 163 administrative cases gainst legal entities.

146 determinations on holding the companies administratively liable were not challenged at Courts (fines paid in full).

95 determinations on holding the companies administratively liable were challenged at courts, of which 24 determinations were revoked by the Courts under the grounds specified in Article 2.9 of the Code of the Russian Federation on Administrative Violations (low significance of the violation).

Total fines imposed - 27,355,000 Rubles, total fines paid – 12,691,500 Rubles.

“I’d like to emphasize importance of enforcement of the Information Disclosure Standards for participants of the wholesale and retial electric power markets by the antimonopoly authority because compliance with the Standards ensures informational openness of energy companies, which is an essential element of non-discriminatory access to the services in the electric power sector”, said the Head of the FAS Department for Control over Electric Power Industry, Mr. Vitaly Korolyov.