COURTS OF TWO INSTANCES FOUND THAT “ZHKKH” MUNICIPAL UNITARY ENTERPRISE HAD COMMITTED A VIOLATION INCORRESTING FIXING HEAT ENERGY SUPPLY TARIFFS
The unitary enterprise unlawfully overrated the contract price for supplying heat energy to children’s day-care centres and secondary schools
Saratov OFAS received several statements from schools and day-care centres for children in Saratov informing that “ZhKKh” Municipal Unitary Enterprise of the Soviet Municipal District had unlawfully overrated contract prices fir heat power supply. At the same time, from 1 January 2019 the price (tariffs) for the heat energy supplied to consumers, that do not constitute general public, are not subject to government regulation and are determined by arrangements between the parties to heat supply contracts. “ZhKKh” Municipal Unitary Enterprise is a monopolist and, therefore, was able to unilaterally determine the price.
Apart from complaining to the Antimonopoly Service, the petitioners also filed lawsuits against “ZhKKh” Municipal Unitary Enterprise. Saratov OFAS was involved in the judicial proceedings on the side of the claimants.
In the course of judicial examination, it was established that “ZhKKh” Municipal Unitary Enterprise forwarded draft contracts for heat energy supply to day-care centres and schools at 3888.40 RUB/Gcal. At the same time, the heat energy tariff for other budget-funded facilities of similar type, to which heat energy is supplied same as to the population, is set at 2219.71 RUB/Gcal.
Presenting its arguments to Court, Saratov OFAS stated that “ZhKKh” Municipal Unitary Enterprise had also failed to give reasoned estimates and evidence to the regulator in order to justify a higher tariff for heat energy supplies, therefore, breaching the norms of the law.
The Arbitration Court of the Saratov region allowed the claim and obligated “ZhKKh” Municipal Unitary Enterprise of the Soviet Municipal District to conclude contracts for heat energy supplies with day-care centres and schools at 2219.71 RUB/Gcal. The unitary enterprise attempted to appeal the ruling of the Court of Fist Instance; however, the 12th Arbitration Appeal Court upheld it.