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October 13, 2003

DON-Stroy and Repairs & Maintenance Department's claims against AO MOSENERGO are not justified

Last Friday, the Anti-Monopoly Ministry of the Russian Federation announced that two administrative investigations have been launched against AO MOSENERGO. The cases were triggered by complaints from two companies DON-Stroy and Repairs & Maintenance Department (RMD). Both claim that AO MOSENERGO set unjustified high tariffs.

According to the Ministry's press release, AO MOSENERGO should charge these two housing organizations at the rate that is set for the population the end-consumer of the heat sold by AO MOSENERGO to the two companies (i.e. at 155 rubles per Gcal). In the opinion of DON-Stroy and RMD, AO MOSENERGO is violating anti-monopoly legislation by forcing them into signing agreements under which they have to pay for heat at 282 roubles per Gcal, the tariff set for housing organizations.

Hence, AO MOSENERGO has to repeat that all settlements with the above-mentioned organizations are carried out in full compliance with the current legislation and regulatory requirements of the Moscow Regional Energy Commission.

DON-Stroy and RMD are housing organizations. Therefore, AO MOSENERGO charges them for consumed heat at the rate set for housing organizations in accordance with Ruling No. 8 of the Moscow REC "On approving AO MOSENERGO's electricity and heat tariffs for Moscow consumers in 2003" (February 14, 2003). According to this ruling, consumers who live in premises serviced by these two organizations pay for heat at the rate, which is set for population.

As DON-Stroy and RMD own these houses (which therefore are not in municipal ownership), they should pay the differential between the two rates by paying their own money.

AO MOSENERGO has no cause to charge the two companies at the "population" rate, as it is applicable only to direct agreements with housing cooperatives, communities of housing owners, and directly with residents.

AO MOSENERGO views the two companies' claims as an attempt to resolve the problem at the expense of other customers of AO MOSENERGO.





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