EVGENIY KISELEV: IN 2018 FAS EXCLUDED OVER 979 MILLION RUB OF UNJUSTIFIED EXPENCES FORM TARIFFS

As a result of considering 193 tariff disputes

The Antimonopoly Service summed up the outcome of control powers in the filed of government regulation of prices (tariffs) in 2018. For instance, FAS received 225 statements on pre-judicial tariff disputes and disagreements; overall, FAS considered 193 disputes.

Regarding sectoral breakdown, the “leader” is heating supply (79 statements), water supply and drainage (70), electric power industry (42), commuter passenger transportation (2).

“Based only these cases in 2018 FAS excluded over 979 million RUB of unjustified expenses from tariffs”, said Deputy Head of FAS Department for Regional Tariff Regulation, Evgeniy Kiselev at the hands-on workshop on “Tariff regulation under digital transformation”.  

At the session it was also pointed out that information about the inspections is being actualized and the amount will increase.

FAS representatives reminded that last year a Government Decree was passed to introduce new rules for considering tariff disputes and disagreements.  They cover such areas as heat-, water- and electric power supply, water drainage, technological connection to electric power networks, etc.

To consider a dispute, one of the parties must petition to FAS no later than three months after the party learned or must have learned about infringement of its rights. The antimonopoly body has 10 days to make a decision on considering the case or demising the case. Earlier, the law of the Russian Federation formalized various periods for considering pre-judicial disputes and tariff disagreements – from 30 to 90 days. Now the period for considering of all disputes by FAS will be 90 days.

The document formalized particular elements of the procedure designed to ensure maximum objective and comprehensive consideration of pre-judicial disputes in tariff regulation. Disputes will be considered in the presence of petitioners and defendants in pre-judicial disputes that are notified about the time and place of considering disputes 5 calendar days prior to the dispute consideration. Prior to or in the course of considering a dispute, the parties can file petitions, give explanations, and submit documents and other information that can be important in dispute consideration.

Under the Government Decree, the parties to disputes can take part in its consideration.

Based on the outcome of pre-judicial dispute consideration, the antimonopoly body makes one of the following decisions:

- Allow the claim (fully or partially)

- Dismiss the claim.

At the same time, the new procedure contains a norm that if in the course of dispute consideration the antimonopoly body exposes violations of the law of the Russian Federation on state regulation of tariffs (particularly, not related to the claim), the federal antimonopoly body makes a decision in view of all exposed violations.

In the final part of the session, FAS representatives answered the questions from regional tariff regulators on the practice of applying the new rules.