Court: Omissions by FTS Prevented Entry to Market of Electric Power
OREANDA-NEWS. July 24, 2013. The Federal Arbitration Court of the Moscow District upheld the rulings of Moscow Arbitration Court and the 9th Arbitration Appeal Court and upheld the decision of the Federal Antimonopoly Service (FAS Russia) that the Federal Tariff Service violated the Federal Law “On Protection of Competition” (Part 1 Article 15).
Omissions by the Federal Tariff Service prevented “Volgogradoblelektrosbyt” (“VOES” Ltd.) taking part in trading with electric power on the wholesale market of electric power.
The Federal Tariff Service ignored disagreements between the company of Office of Volgograd Regional Authority on Regional Tariffs with regard to proposals of on “VOES” Ltd. for including in the Consolidated Pro Forma Balance Sheet 2010 for generating and supplying electric power within the Unified Energy System of Russia in the Volgograd region.
FAS concluded that the Federal Tariff Service had restricted company’s access to the mercantile system, the consequences of which was depriving “VOES” Ltd. of its status of provider of last resort.
The Federal Tariff Service disagreed with the FAS decision and the rulings of Moscow Arbitration Court and the Appeal Court and approached the Federal Arbitration Court of the Moscow District requesting to invalidate them. The Court, however, dismissed the claim.
On 5th July 2013, Moscow Arbitration Court also upheld the decision of the Federal Antimonopoly Service (FAS Russia) that in 2011 the Federal Tariff Service prevented company’s activities on the wholesale market of electric power and capacity.
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