OREANDA-NEWS. October 06, 2011. The 8th Arbitration Appeal Court upheld the decision of the Office of the Federal Antimonopoly Service in the Tyumen Region (Tyumen OFAS Russia) to fine “Tyumenenergo” OJSC 21 million Rubles, reported the press-centre of FAS Russia.

Earlier Tyumen OFAS Russia found that “Tyumenenergo” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition”. The company avoided concluding a contract for technological connection with house owners, who approached Tyumen distribution networks - a branch of “Tyumenenergo” OJSC – with regard to connecting their houses to electric power supply. However, the branch of “Tyumenenergo” OJSC forwarded their applications to “Directorate for Utilities Construction” State Budget-Funded Organization of the Tyumen region, which is the ordering customer for construction of utility networks in Kazarovo-Bereznyaki. On 11th February 2009, “Tyumenenergo” OJSC and “Directorate for Utilities Construction” State Budget-Funded Organization of the Tyumen region concluded the contract for technological connection of power-receiving devices necessary to supply power to the individual dwellings zone. As “Tyumenenergo” OJSC sent a contract offer to the Directorate, the company referred the house owners to this organization. At the court hearing “Tyumenenergo” OJSC explained its actions by absence of actual, legal and technical possibilities to arrange technological connection.

The Courts of three instances confirmed conclusions of Tyumen OFAS Russia.

“Tyumenenergo” OJSC did not have the right to refuse to conclude the contract for technological connection with the house owners. The maximum capacity of their power-receiving devices does not exceed 15 kW. According to the Rules for technological connections, network organizations must make arrangements for technological connection for any persons who approach the network organization, if their power-receiving devices do not exceed 15 kW, regardless of whether the network organization has the necessary technical possibilities. In breach of the law of the Russian Federation, “Tyumenenergo” OJSC did not undertake any attempts to resolve the issue”, commented the Head of Tyumen OFAS Russia, Mr. Dmitry Shalabodov.