OREANDA-NEWS. On 22nd July 2013 the Federal Antimonopoly Service (FAS Russia) will hear a case against “Kubanenergo” OJSC.

On 18th June 2013, FAS initiated an antimonopoly case (Part 1 Article 10 of the Federal Law “On Protection of Competition”). “Kubanenergo” OJSC failed to carry out within the statutory period the measures for providing technological connection to electric power networks in Sochi for over 65 physical and legal persons.

The complaints were also investigated by the Commission for technological connection of the receivers of electric power consumers to power supply network facilities in Sochi resort town municipality during organization of the XXII Winter Olympic Games and the XI Winter Paralympics Games 2014.

The Commission issued recommendations to execute the contracts concluded before 17th July 2012, when the moratorium had been introduced for technological connection during the period of organizing the Olympic Games. The Commission also emphasized inadmissibility of violating the law on technical connection.

In spite of the official instructions issued by the Commission with regard to the violations, “Kubanenergo” OJSC continues infringing the petitioners’ rights and refuses to provide connection with an intention to postpone it for after the Olympic Games.

Under Sub-Clause “b” Clause 16 of the Rules for technological connections of power-receiving devices of electric power consumers, power-generating facilities as well as power supply network facilities owned by network organizations and other persons, to electric power networks, approved by No. 861 Decree of the Government of the Russian Federation of 27th December 2004 (further on referred to as the Rules), the period for executing technological connection cannot exceed:

15 working days (if an application does not specify a longer period) – for the applicants specified in Clause 13 of the Rules if the distance from the applicants’ power-receiving devices to the existing electric power networks of the required voltage class is no more than 300 m

6 months – for the applicants specified in Clauses 12.1, 14 and 34 of the Rules for technological connection to electric power networks with the voltage class to 20 kW inclusive if the distance from the existing electric power networks of the required voltage class to the boundaries of the applicant’s plot where the connected power receivers are located is no more than 300 m in towns and urban settlements and no more than 500 m in rural areas

1 year – for the applicants the maximum capacity of whose power receivers is less than 670 kW if shorter period is not provided for under a relevant investment programme or an agreement between the parties

2 years - – for the applicants the maximum capacity of whose power receivers is no less than 670 kW if other periods (no more than four years) are not provided for under a relevant investment programme or an agreement between the parties.