OREANDA-NEWS. July 21, 2014. The 9th Arbitration Appeal Court confirmed legitimacy of the determination issued by the Federal Antimonopoly Service (FAS Russia) with regard to “MOESK” OJSC. The grid company must transfer unlawfully obtained income – 232 million RUB – to the federal budget.

In June 2011 - November 2012, district authorities concluded contracts with “MOESK” OJSC for technological connection of non-stationary trading facilities to electric power networks. On each non-stationary trading facility district authorities filed separate applications to “MOESK” OJSC for technological connection of such facilities, each of which was registered by “MOESK” OJSC under a separate registration number.

“MOESK” OJSC combined several applications for technological connection of energy-receiving devices with the capacity up to 15 kW of district authorities in Moscow in the subject matter of a single contract for technological connection in order to consolidate and increase the maximum capacity of connected energy-receiving devices over 15 kW. Such actions enabled applying the tariff rate for calculating the costs of connecting to “MOESK” OJSC electric networks at 16,648.80 RUB/kW per 1 kW instead of the statutory 550 RUB per application for up to 15kW.

As a result of combining the applications, the company was able to gain unlawful income - 232 million RUB.

FAS found that “MOESK” OJSC violated the antimonopoly law and the Courts of three instances supported the decisions.

“FAS undertakes considerable efforts to adjust relations in the field of technological connection in accord with the law. Drafting normative legal acts must be supported with enforcement of the current and newly introduced rules and norms. The case makes a precedent since losses were incurred by consumers of technological connection services financed from the budget. FAS welcomes the ruling that protects the interests of publically-funded customers”, pointed out the Head of FAS Department for Control over Electric Power Industry, Vitaly Korolyov.