TARIFF REGULATION DEPARTMENT OF THE TOMSK REGION EXCEEDED ITS POWERS
The Cassation Court supported the FAS position
Having considered a statement of “Yugra Local Energy Company – Regional Networks” OJSC, the Antimonopoly Service abolished an order of the Tariff Regulation Department of the Tomsk region that approved tariffs for the company for electric power transmissions services in 2018.
FAS established that electric power transmission takes place from electric mains of “Energonedt-Tomsk” Ltd. located in the Tomsk region to electric mains of the same company in the Khany-Mansiisky Autonomous District - Yugra rather than from a grid company in one region to another grid company in another region. Then, “Yugra Local Energy Company – Regional Networks” OJSC delivers electric power to end consumers via its electric mains.
Upon completing verification, FAS found that the Tariff Regulation Department of the Tomsk region had set the tariff for “Yugra Local Energy Company – Regional Networks” OJSC that is located in the Khany-Mansiisky Autonomous District.
Thus, in FAS opinion, Tomsk regional regulator exceeded its competences.
The Tariff Regulation Department for the Tomsk region disagreed with the FAS order and filed a lawsuit to invalidate it. The Court of First Instance, the Appeal Court and the Cassation Courts confirmed that the FAS order had been passed in full compliance with the norms of the Russian law.
Head of FAS Department for Regional Tariff Regulation, Yulia Yudina, pointed out: “This is not the first case, when the FAS position was supported in the part of violations committed by the Tariff Regulation Department of the Tomsk region. FAS continues monitoring decisions of regional tariff regulators. In the event of exposing signs of violations, the Antimonopoly Service shall apply adequate remedies”.