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The Energy Regulation and Markets Review - Stikeman Elliott

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Russia<br />

reasonable return (with separate accounting of output <strong>and</strong> expenditures related to<br />

production costs).<br />

From 2010–2012, long-term tariffs are set for electric power transmission services<br />

rendered by the unified national <strong>and</strong> territorial grid companies, on the basis of long-term<br />

parameters for regulation of their activities, including by applying a method for ensuring<br />

a return on invested capital. 55 <strong>The</strong>se companies are required to attain goods <strong>and</strong> services<br />

reliability <strong>and</strong> quality parameters stipulated by the government, otherwise the long-term<br />

parameters are subject to adjustment.<br />

Approved prices (tariffs) in the electric power sector are valid for a minimum of<br />

12 months, unless the government decides otherwise.<br />

In the sphere of gas supply, the government establishes the principles for setting<br />

gas prices <strong>and</strong> the tariffs for transporting it along gas transportation (main) <strong>and</strong> gas<br />

distribution networks. State regulation of these prices <strong>and</strong> tariffs takes into consideration<br />

economically reasonable expenditures <strong>and</strong> profits, as well as the finances available to gas<br />

supply network owner companies for exp<strong>and</strong>ing gas extraction, gas pipeline networks<br />

<strong>and</strong> underground gas storage facilities. 56<br />

<strong>The</strong> state has approved the tariffs for the services rendered by owners of gas<br />

distribution networks for transporting gas <strong>and</strong> the procedure for applying them. Tariffs<br />

may be differentiated in consideration of the economic <strong>and</strong> social gas supply conditions<br />

on parts of the territories of constituent entities of the Russian Federation.<br />

A transition period from 2011 through 2014 has been set for introducing market<br />

principles for setting prices for gas supplied by Open Joint-Stock Company Gazprom<br />

<strong>and</strong> its affiliates (in consideration of achieving equal returns on gas supplies to both<br />

the foreign <strong>and</strong> domestic markets <strong>and</strong> of the cost of alternative fuels), <strong>and</strong> preparing<br />

for transition from state regulation of gas wholesale prices to state regulation of gas<br />

transportation tariffs via major gas pipelines.<br />

iv Security <strong>and</strong> technology restrictions<br />

<strong>The</strong> legislation focuses particularly on ensuring the safety of fuel <strong>and</strong> energy complex<br />

facilities in Russia – those in the electric power, oil extraction, oil refining, petrochemical,<br />

gas, coal, shale <strong>and</strong> peat industries, gas supply, petroleum product supply <strong>and</strong> heat supply.<br />

55 Order of the Federal Tariff Service dated 30 March 2012 No. 228-e on approval of<br />

Methodological Instructions for regulating tariffs using the investment capital return method.<br />

56 Articles 8, 21 <strong>and</strong> 23 of the Federal Law on Gas Supply in the Russian Federation; Main<br />

provisions on setting <strong>and</strong> state regulation of gas prices <strong>and</strong> tariffs for its transportation on<br />

the territory of the Russian Federation, approved by resolution of the Government of the<br />

Russian Federation dated 29 December 2000 No. 1021; Methodology for calculating tariffs<br />

for gas transportation along main gas pipelines, approved by order of the Federal Tariff Service<br />

dated 23 August 2005 No. 388-e/1; Methodological Instructions for regulating tariffs for gas<br />

transportation along gas distribution networks, approved by order of the Federal Tariff Service<br />

dated 15 December 2009 No. 411-e/7.<br />

232

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