Arbitration Court: Lenenrgo Lawfully Fined for Repeated Violations
OREANDA-NEWS. September 23, 2013. At the beginning of September 2013, the Arbitration Court of St Petersburg and the Leningrad Region confirmed legitimacy of tow determinations on imposing fines upon “Lenenergo” OJSC.
Earlier the Office of the Federal Antimonopoly Service in the Leningrad region (Leningrad OFAS Russia) established that the network organization breached the deadline for sending a draft contract for technological connection to electric power networks to an applicant. In March 2013 a resident of the Leningrad region applied for connection but in 71 day had not received a response from the network organization (in breach of Clause 15 of the Rules for technological connection to electric power networks).
Another determination of Leningrad OFAS Russia establishes the fact of “Lenenergo” violating the deadline for adjusting a technological connection contract in line with the Rules for technological connection to electric power networks. At the end of March 2013 “Crystal” SNT” sent a statement of disagreements to a draft technological connection contract to the monopolist and received a response from “Lenenergo” OJSC only in 61 days instead of the statutory five-day period (in breach of Clause 15 of the Rules for technological connection to electric power networks).
In 2013 the monopolist already was held administratively liable for similar violations, so guided by Article 9.21 of the Code of the Russian Federation on Antimonopoly Violations Leningrad OFAS Russia imposed two administrative fines upon “Lenenergo” OJSC, each for 600,000 Rubles.
Not challenging the fact of committing administrative violations, the monopolist filed a claim to the Arbitration Court of St Petersburg and the Leningrad Region against being held administratively liable under the Article on repeated administrative violations. The Court pronounced legitimacy of the determinations issued by Leningrad OFAS Russia.
Clause 15 of the Rules for technological connection to electric power networks, approved by No.861 Decree of the Government of the Russian Federation of 27th December 2004 (in the version valid till 24th August 2013) a network organization fills in and sign a draft contract and technical conditions and forwards them to an applicant for signing as an integral part of the contract within 30 days after the application was received.
If within 30 days after a draft contract was received from a network organization, an applicant sends a reasonable refusal to sign it with a requirements to adjust the contract in line with the Rules for technological connection to electric power networks, the network organization must adjust the draft contract in accordance with the Rules within five working days after the request was received.
Under Part 2 Article 9.21 of the Code of the Russian Federation on Antimonopoly Violations repeated administrative violation is punished by an administrative fine upon legal entities – from 600,000 to 1 million Rubles.
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