OREANDA-NEWS. September 01, 2011. The Supreme Arbitration Court of the Russian Federation pronounced that network organisations have a legitimate obligation to carry out operations for connecting customer facilities to electricity (confirming that Paragraph 2 Clause 3 of the Rules for Technological Connection complies with the Civil Code of the Russian Federation), reported the press-centre of FAS Russia.

The Supreme Arbitration Court of the Russian Federation received a petition from “Irkutsk Electric Grid Company “OJSC that asked the Supreme Arbitration Court to recognise that Paragraph 2 Clause 3 of the Rules for Technological Connection of energy-receiving devices of consumers of electric power, power-generating facilities as well as power supply network facilities owned by network organisations and other persons, to electric networks (approved by No.861 Order of the Government of the Russian Federation of 27th December 2004) does not comply with Clause 3 Article 426 of the Civil Code of the Russian Federation, which is overriding, and to invalidate it.

The Court hearings involved representatives of FAS Russia, acting on behalf of the Government of the Russian Federation.

The findings of the Supreme Arbitration Court of 12th August 2011 on No.ВАС-9742/11 case confirm that Paragraph 2 Clause 3 of the Rules for Technological Connection complies with the Civil Code of the Russian Federation.

“The findings of the Supreme Arbitration Court are very important for formalising responsibility of network organisations to connect energy-receiving devices to electric networks, and if necessary – to create the required conditions, provide a technical possibility for such connection.

Once again the findings confirm consumer rights for receiving technical connection services regardless of whether a network company had a technical possibility for this at the time of filing the application”, explained the Head of the FAS Department for Control over Electric Power Industry, Vitaly Korolyov.

Reference:

From 1st January 2011 to 1st June 2011FAS Russia and its regional offices received 592 petitions on violating the rules for technological connection to electric networks (in the same period of 2010– 563peititons).

Clause 3 Article 426 of the Civil Code of the Russian Federation:

“A commercial organisation cannot refuse to conclude a public contract if there is a possibility to supply relevant goods, render services, carry out works for the customers”.

Clause 3 of the Rules for Technological Connection

“A network organisation must perform technological connection operations for any person that applied to the organisation, provided that the person observes the Rules there is a technically possibility for technological connection.

Regardless of an availability or absence of a technically possibility for technological connection on the date of an application, a network organisation must conclude a contract with the persons, specified in Clauses 12.1, 14 and 34 if the Rules who filed an application to the network organisation for technological connection of energy-receiving devices, that belong to these persons under the right of ownership or under any other statutory grounds, and also perform operations for technological connection of filed an application to the network organisation for technological connection of energy-receiving devices of these persons.”