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Decree of the Government of the Russian Federation dated 08-08-2012 808 ON THE ORGANIZATION OF HEAT SUPPLY IN THE RUSSIAN FEDERATION AND ON CHANGES IN... Relevant in 2018

II. Criteria and procedure for determining a single heat supply organization

3. The status of a single heat supply organization is assigned to a heat supply and (or) heating network organization by decision federal body executive power (in relation to cities with a population of 500 thousand people or more) or an authority local government(hereinafter referred to as the authorized bodies) when approving the heat supply scheme for a settlement or urban district.

4. The draft heat supply scheme must define the boundaries of the zones of activity of a single heat supply organization (organizations). The boundaries of the zone(s) of activity of a single heat supply organization(s) are determined by the boundaries of the heat supply system.

If there are several heat supply systems on the territory of a settlement or urban district, the authorized bodies have the right to:

determine a single heat supply organization (organizations) in each of the heat supply systems located within the boundaries of a settlement or urban district;

determine a single heat supply organization for several heat supply systems.

5. To assign an organization the status of a single heat supply organization on the territory of a settlement, urban district, persons owning by right of ownership or other legally sources of thermal energy and (or) heating networks, submit to the authorized body within 1 month from the date of publication (placement) in the prescribed manner of the draft heat supply scheme, as well as from the date of publication (placement) of the message specified in paragraph 17 of these Rules, an application for assigning the organization the status of a single heat supply organization indicating the area of its activity. The application is accompanied by financial statements prepared as of the last reporting date before filing the application, with a note from the tax authority on its acceptance.

Authorized bodies are obliged to post information about accepted applications on the website of the settlement, urban district, or on the website of the relevant subject within 3 working days from the deadline for filing applications Russian Federation on the information and telecommunications network "Internet" (hereinafter referred to as the official website).

If local government bodies do not have the opportunity to post relevant information on their official websites, the necessary information can be posted on the official website of the subject of the Russian Federation within whose borders the corresponding municipality. Settlements included in a municipal district can post the necessary information on the official website of this municipal district.

6. If, in relation to one zone of activity of a single heat supply organization, 1 application is submitted from a person who owns, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, then the status of a single heat supply organization is assigned to the specified person. If, in relation to one zone of activity of a single heat supply organization, several applications are submitted from persons who own, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, the authorized body assigns the status of a single heat supply organization in in accordance with paragraphs 7 - 10 of these Rules.

7. The criteria for determining a single heat supply organization are:

Ownership or other legal basis of thermal energy sources with the highest operating thermal power and (or) heating networks with the highest capacity within the boundaries of the area of activity of a single heat supply organization;

size equity;

ability to better ensure the reliability of heat supply in the corresponding heat supply system.

To determine these criteria, the authorized body, when developing a heat supply scheme, has the right to request relevant information from heat supply and heating network organizations.

8. If an application for assignment of the status of a single heat supply organization is submitted by an organization that owns, by right of ownership or other legal basis, heat energy sources with the highest operating thermal power and heating networks with the highest capacity within the boundaries of the area of activity of the single heat supply organization, the status of the single heat supply organization assigned to this organization.

Indicators of the operating power of thermal energy sources and the capacity of heating networks are determined on the basis of data from the heat supply diagram (draft diagram) of a settlement or urban district.

9. If applications for assignment of the status of a single heat supply organization are submitted from an organization that owns, by right of ownership or other legal basis, sources of thermal energy with the highest operating thermal power, and from an organization that owns, by right of ownership or other legal basis, heat networks with the largest capacity within the boundaries of the area of activity of a single heat supply organization, the status of a single heat supply organization is assigned to that organization from the specified that has largest size own capital. If the size of the own capitals of these organizations differs by no more than 5 percent, the status of a single heat supply organization is assigned to the organization that is able to best ensure the reliability of heat supply in the corresponding heat supply system.

The amount of equity capital is determined according to data financial statements, drawn up on the last reporting date before submitting an application for assigning the organization the status of a single heat supply organization with a mark from the tax authority on its acceptance.

10. The ability to better ensure the reliability of heat supply in the corresponding heat supply system is determined by the organization’s technical capabilities and qualified personnel for setup, monitoring, dispatching, switching and operational control of hydraulic and temperature conditions heat supply system and is justified in the heat supply diagram.

11. If organizations have not submitted a single application for assignment of the status of a single heat supply organization, the status of a single heat supply organization is assigned to the organization that owns thermal energy sources with the highest operating thermal capacity and (or) heating networks with the highest thermal capacity in the relevant area of activity.

12. When carrying out its activities, the unified heat supply organization is obliged to:

conclude and execute heat supply contracts with any heat energy consumers who apply to it, whose heat-consuming installations are located in this heat supply system, subject to compliance by these consumers with the data issued to them in accordance with the legislation on urban planning activities technical specifications connections to heating networks;

Conclude and execute contracts for the supply of thermal energy (power) and (or) coolant in relation to the volume of heat load distributed in accordance with the heat supply scheme;

conclude and execute contracts for the provision of services for the transfer of thermal energy and coolant in the amount necessary to ensure heat supply to consumers of thermal energy, taking into account losses of thermal energy and coolant during their transfer.

13. An organization may lose its status as a single heat supply organization in the following cases:

systematic (3 or more times within 12 months) non-fulfillment or improper fulfillment of obligations stipulated by the terms of the contracts specified in paragraph 12 of these Rules. The fact of non-fulfillment or improper fulfillment of obligations must be confirmed by decisions of the federal antimonopoly body and (or) its territorial bodies and (or) courts that have entered into legal force;

adoption in the prescribed manner of a decision on reorganization (with the exception of reorganization in the form of merger, when other reorganized organizations join an organization that has the status of a single heat supply organization, as well as reorganization in the form of transformation) or liquidation of an organization that has the status of a single heat supply organization;

Acceptance arbitration court decisions to declare an organization that has the status of a single heat supply organization bankrupt;

termination of the right of ownership or possession of the property specified in paragraph two of clause 7 of these Rules, on the grounds provided for by law Russian Federation;

inconsistency of an organization that has the status of a single heat supply organization with criteria related to the size of its own capital, as well as the ability to better ensure the reliability of heat supply in the corresponding heat supply system;

Submission by the organization of an application to terminate the functions of a single heat supply organization.

An authorized official of an organization that has the status of a single heat supply organization is obliged to notify the authorized body of the occurrence of the facts specified in paragraphs three to five of clause 13 of these Rules, which are the basis for the organization losing the status of a single heat supply organization, within 3 working days from the date the authorized body makes a decision on reorganization, liquidation, declaring an organization bankrupt, termination of ownership or possession of the organization’s property.

15. An organization that has the status of a single heat supply organization has the right to submit to the authorized body an application to terminate the functions of a single heat supply organization, except for cases where the status of a single heat supply organization is assigned in accordance with paragraph 11 of these Rules. An application to terminate the functions of a single heat supply organization can be submitted before August 1 of the current year.

16. The authorized body is obliged to make a decision on the loss of the organization’s status as a single heat supply organization within 5 working days from the date of receipt from persons whose rights and legitimate interests were violated on the grounds provided for in paragraph two of paragraph 13 of these Rules, decisions of the federal antimonopoly body that have entered into legal force , and (or) its territorial bodies, and (or) courts, as well as receiving a notification (application) from an organization that has the status of a single heat supply organization, in the cases provided for in paragraphs three to seven of clause 13 of these Rules.

Submission of an application by interested organizations and determination of a single heat supply organization is carried out in the manner established in paragraphs 5 - 11 of these Rules.

18. An organization that has lost the status of a single heat supply organization on the grounds provided for in paragraph 13 of these Rules is obliged to perform the functions of a single heat supply organization until another organization is assigned the status of a single heat supply organization in the manner provided for in paragraphs 5 - 11 of these Rules, and also transfer to the organization to which it was assigned status of a single heat supply organization, information about heat consumers, including the name of the consumer, place of residence (location), bank details, as well as information on the status of settlements with the consumer.

19. The boundaries of the zone of activity of a single heat supply organization may be changed in the following cases:

Connecting new heat-consuming installations, heat energy sources or heating networks to the heat supply system, or disconnecting them from the heat supply system;

technological integration or separation of heat supply systems.

Information about changes in the boundaries of the zones of activity of a single heat supply organization, as well as information about the assignment of the status of a single heat supply organization to another organization, must be included in the heat supply scheme when it is updated.

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What is heat supply and what are the subjects of heat supply?

Heat supply is the provision of thermal energy consumers with thermal energy and coolant, including maintaining power.

Thermal energy is an energy resource, the consumption of which changes the thermodynamic parameters of coolants (temperature, pressure).

Subjects of heat supply are the consumer of thermal energy, the heat supply organization, the heating network organization, and the unified heat supply organization.

A unified heat supply organization in the heat supply system (hereinafter referred to as the unified heat supply organization) is a heat supply organization that is determined in the heat supply scheme by the federal executive body authorized by the Government of the Russian Federation to implement public policy in the field of heat supply, or by a local government body on the basis of criteria and in the manner established by the rules for organizing heat supply, approved by the Government of the Russian Federation.

Heat supply organization - an organization that sells produced or purchased thermal energy (power), coolant to consumers and (or) heat supply organizations and owns, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the heat supply system through which heat supply is carried out consumers of thermal energy.

Thermal energy consumer is the person purchasing thermal energy(power), coolant for use at heat-consuming installations belonging to him on the right of ownership or on another legal basis or for providing utilities in terms of hot water supply and heating.

Heating network organization is an organization that provides services for the transfer of thermal energy.

What is a Unified Heat Supply Organization?

A unified heat supply organization in the heat supply system (hereinafter referred to as the unified heat supply organization) is a heat supply organization that is determined in the heat supply scheme by the federal executive body authorized by the Government of the Russian Federation to implement state policy in the field of heat supply, or by a local government body based on criteria and in the manner , which are established by the rules for organizing heat supply.

The powers of the federal executive body authorized to implement state policy in the field of heat supply include approval of heat supply schemes for settlements, urban districts with a population of five hundred thousand people or more, as well as cities of federal significance, including the determination of a single heat supply organization.

The powers of local self-government bodies of settlements and urban districts to organize heat supply in the relevant territories include the approval of heat supply schemes for settlements and urban districts with a population of less than five hundred thousand people, including the determination of a single heat supply organization.

In a heat supply system, a single heat supply organization determined by the heat supply scheme is obliged to conclude a heat supply agreement with any heat consumer who applies, whose heat-consuming installations are located in this heat supply system.

The unified heat supply organization is obliged to enter into contracts for the supply of thermal energy (power) and (or) coolant in relation to the volume of heat load distributed in accordance with the heat supply scheme.

A single heat supply organization is obliged to enter into contracts for the provision of services for the transfer of thermal energy and (or) coolant in the amount necessary to ensure heat supply to consumers of thermal energy, taking into account the losses of thermal energy and coolant during their transfer.

The heat supply agreement is public for a single heat supply organization.

A unified heat supply organization does not have the right to refuse a thermal energy consumer to conclude a heat supply agreement, provided that the specified consumer complies with the technical conditions for connection (technological connection) to the heating networks of capital construction projects belonging to him.

Relations between heat supply organizations and heat consumers

Consumers of thermal energy purchase thermal energy (power) and (or) coolant from the heat supply organization under a heat supply agreement.

Consumers connected (technologically connected) to the heat supply system enter into heat supply agreements with heat supply organizations and purchase thermal energy (power) and (or) coolant at regulated prices (tariffs) or at prices determined by agreement of the parties to the heat supply agreement.

A single heat supply organization determined by the heat supply scheme is obliged to conclude a heat supply agreement with any heat consumer who applies, whose heat-consuming installations are located in this heat supply system.

A person who owns thermal energy sources has the right to enter into long-term heat supply agreements with consumers.

A person who owns sources of thermal energy by right of ownership or other legal basis has the right to enter into heat supply agreements with consumers in cases established by the rules for organizing heat supply approved by the Government of the Russian Federation.

The unified heat supply organization and heat supply organizations that own heat sources and (or) heat networks in the heat supply system by right of ownership or other legal basis are required to enter into contracts for the supply of heat energy (power) and (or) coolant in relation to the volume of heat load distributed in in accordance with the heat supply diagram.

What are the essential terms of a heat supply contract?

The heat supply agreement is public for a single heat supply organization. A unified heat supply organization does not have the right to refuse a thermal energy consumer to conclude a heat supply contract, provided that the specified consumer complies with the technical conditions for connection (technological connection) to the heating networks of capital construction projects belonging to it, issued in accordance with the legislation on urban planning activities (hereinafter referred to as the technical conditions).

The terms of the heat supply contract must comply with the technical specifications. The heat supply contract must contain the following essential conditions:

contractual volume of thermal energy and (or) coolant supplied by the heat supply organization and purchased by the consumer;

the magnitude of the heat load of heat-consuming installations of the heat energy consumer, indicating the heat load for each facility and types of heat consumption (for heating, ventilation, air conditioning, technological processes, hot water supply), as well as parameters of heat supply quality, mode of consumption of thermal energy (power) and (or) coolant;

information about authorized officials of the parties responsible for fulfilling the terms of the agreement;

liability of the parties for non-compliance with the requirements for heat supply quality parameters, violation of the consumption of thermal energy and (or) coolant, including liability for violation of the conditions on the quantity, quality and values of the thermodynamic parameters of the returned coolant, condensate;

liability of consumers for non-fulfillment or improper fulfillment of obligations to pay for thermal energy (power) and (or) coolant, including obligations for their advance payment, if such a condition is provided for in the contract;

obligations of the heat supply organization to ensure the reliability of heat supply in accordance with the requirements of technical regulations, other mandatory requirements to ensure the reliability of heat supply and the requirements of these Rules, as well as the corresponding obligations of the heat energy consumer;

procedure for settlements under the contract;

the procedure for accounting for consumed thermal energy and (or) coolant;

the volume of heat losses of thermal energy (coolant) in the applicant’s heating networks from the balance sheet boundary to the metering point;

volume (value) of the permissible limitation of heat supply for each type of load (for heating, ventilation, air conditioning, implementation of technological processes, hot water supply).

Attached to the heat supply agreement is an act delineating the balance sheet ownership of heating networks and an act delineating the operational responsibilities of the parties.

The terms of the heat supply contract must not contradict the documents for connecting the consumer’s heat-consuming installations.

What documents are required to conclude a heat supply contract?

To conclude a heat supply agreement with a unified heat supply organization, the applicant sends to the unified heat supply organization an application for concluding a heat supply agreement containing the following information:

full name of the organization (last name, first name, patronymic) of the applicant;

location of the organization (place of residence of the individual);

location of heat-consuming installations and place of their connection to the heat supply system (heat input);

heat load of heat-consuming installations for each heat-consuming installation and types of heat load (heating, air conditioning, ventilation, implementation of technological processes, hot water supply), confirmed by technical or design documentation;

the contractual volume of consumption of thermal energy and (or) coolant during the term of the contract or during the 1st year of the contract, if the contract is concluded for a period of more than 1 year;

duration of the contract;

information about the expected mode of thermal energy consumption;

information about the authorized officials of the applicant responsible for fulfilling the terms of the contract (with the exception of consumer citizens);

calculation of the volume of heat losses of thermal energy (coolant) in the applicant’s heating networks from the balance sheet boundary to the metering point, confirmed by technical or design documentation;

bank details;

information about available heat energy and coolant metering devices and their technical characteristics.

The following documents are attached to the application for concluding a heat supply agreement:

duly certified copies of title documents (including certificate of state registration rights to real estate and transactions with it) confirming the ownership and (or) other legal right of the consumer in relation to real estate (buildings, structures, structures) in which heat-consuming installations are located (if any);

management agreement apartment building(for management organizations);

charter of a homeowners' association, housing cooperative or other specialized consumer cooperative;

documents confirming the connection of the applicant’s heat-consuming installations to the heat supply system;

permission for commissioning (in relation to capital construction projects for which the legislation on urban planning activities requires obtaining permission for commissioning), permission for admission to operation of a power plant (for heat-consuming installations with a heat load of 0.05 Gcal/hour or more, not which are capital construction projects for which the legislation on urban planning activities provides for obtaining a commissioning permit) issued by the state energy supervision body;

certificates of readiness of such heat-consuming installations for heating season, compiled in established by law Russian Federation is ok.

Let us note that as documents confirming the connection of the applicant’s heat-consuming installations in the prescribed manner to the heat supply system, issued connection certificates, connection certificates, technical specifications with a mark of their execution, work permits of heat supply organizations are used.

What is the procedure for concluding a heat supply contract?

To conclude a heat supply agreement with a single heat supply organization, the applicant sends an application to the single heat supply organization to conclude a heat supply agreement.

If the application does not contain information or documents necessary for concluding a heat supply contract, the single heat supply organization is obliged to send the applicant an offer to provide the missing information and (or) documents within 3 working days from the date of receipt of such documents. The necessary information and documents must be submitted within 10 working days. The date of receipt of the application is considered to be the date of submission of information and documents in full.

The unified heat supply organization is obliged, within 10 working days from the date of receipt of a properly completed application and necessary documents send the applicant 2 copies of the signed draft agreement.

The applicant, within 10 working days from the date of receipt of the draft agreement, is obliged to sign the agreement and send 1 copy of the agreement to the unified heat supply organization.

If the applicant fails to provide information or documents necessary for concluding a heat supply contract, or the application does not comply with the conditions for connection to heating networks, the unified heat supply organization is obliged, after 30 days from the date of sending the applicant a proposal to provide the necessary information and documents, to notify the applicant in writing of the refusal to conclude heat supply agreement indicating the reasons for such refusal.

Heat supply agreement concluded on certain period, is considered extended for the same period and on the same terms, if one month before the end of its validity period, neither party declares its termination or the conclusion of the agreement on other conditions.

How is the cost of thermal energy (power) and (or) coolant determined for legal entities?

It should be noted that payment for thermal energy (power) and (or) coolant is carried out in accordance with tariffs established by the regulatory body, or prices determined by agreement of the parties, in cases provided for by law.

Tariffs for thermal energy (power) supplied to consumers may be set by the regulatory authority in the form of a single-rate or two-rate tariff.

Coolant tariffs are set by the regulatory body in the form of a single-rate tariff.

Tariffs for thermal energy (power), tariffs for coolant can be differentiated depending on the type or parameters of the coolant, zones of thermal energy transmission range, and other criteria that are determined by the principles of pricing in the field of heat supply.

The establishment of tariffs in the field of heat supply is carried out in order to ensure the need to ensure uniform tariffs for consumers of thermal energy (power), coolant located in the same area of activity of a single heat supply organization and belonging to the same category of consumers for whom the legislation of the Russian Federation provides for differentiation of tariffs for thermal energy (power), coolant, with the exception of consumers who have concluded:

heat supply contracts and (or) contracts for the supply of thermal energy (power), coolant at prices determined by agreement of the parties regarding the volume of such supplies;

long-term heat supply contracts and (or) contracts for the supply of thermal energy (power), coolant using long-term tariffs in relation to the volume of such supplies.

Consumers pay for thermal energy (power) and (or) coolant of the heat supply organization at the tariff established by the executive authority of the constituent entity of the Russian Federation in the region government regulation tariffs for this category of consumers, and (or) at prices determined by agreement of the parties in cases established Federal law“On Heat Supply”, for the consumed volume of thermal energy (power) and (or) coolant in the following order, unless otherwise established by the heat supply agreement:

35 percent of the planned total cost of thermal energy (power) and (or) coolant consumed in the month for which payment is made is paid before the 18th day of the current month, and 50 percent of the planned total cost of thermal energy (power) and (or) coolant consumed in the month for which payment is made is paid before the end of the last day of the current month;

payment for thermal energy (power) and (or) coolant actually consumed in the past month, taking into account the funds previously paid by the consumer as payment for thermal energy in the billing period, is made until the 10th day of the month following the month for which payment is made . If the volume of actual consumption of thermal energy and (or) coolant for the past month is less than the contractual volume determined by the heat supply agreement, the overpaid amount is counted against the upcoming payment for the next month.

The Government of the Russian Federation establishes criteria under which heat consumers and heat supply organizations are required to provide security for the fulfillment of obligations to pay for heat energy (power) and (or) coolant supplied under heat supply contracts, heat supply and supply contracts hot water, contracts for the supply of thermal energy (power) and (or) coolant concluded with unified heat supply organizations. When establishing these criteria, the Government of the Russian Federation proceeds from cases of non-fulfillment or improper fulfillment by these thermal energy consumers and heat supply organizations of their obligations to pay for thermal energy (capacity) and (or) coolant. In this case, there is no obligation to provide security for the fulfillment of obligations to pay for thermal energy (capacity) and (or) coolant from consumers of thermal energy, heat supply organizations that do not have outstanding obligations to pay for thermal energy (power) and (or) coolant.

In what cases is electricity consumption limited?

Restrictions and cessation of heat supply to consumers may be introduced in the following cases:

non-fulfillment or improper fulfillment by the consumer of obligations to pay for thermal energy (power) and (or) coolant, including obligations for their advance payment, if such a condition is provided for in the contract, as well as violation of the terms of the contract on the quantity, quality and values of the thermodynamic parameters of the returned coolant and (or) violation of the thermal energy consumption regime, significantly affecting the heat supply of other consumers in this heat supply system, as well as in case of non-compliance with the established technical regulations mandatory requirements for the safe operation of heat-consuming installations;

termination of the parties' obligations under the heat supply agreement;

identification of facts of non-contractual consumption of thermal energy (power) and (or) coolant;

occurrence (threat of occurrence) emergency situations in the heat supply system;

availability of a consumer request to introduce a restriction;

other cases provided for by regulations legal acts Russian Federation or heat supply agreement.

Non-contractual consumption of thermal energy is the consumption of thermal energy, coolant without concluding a heat supply agreement in the prescribed manner, or the consumption of thermal energy, coolant using heat consuming installations connected (technologically connected) to the heat supply system in violation of the established connection procedure (technological connection), or consumption thermal energy, coolant after introducing a restriction on the supply of thermal energy in a volume exceeding the permissible volume of consumption, or consumption of thermal energy, coolant after submitting a request from the heat supply organization or heating network organization to introduce a restriction on the supply of thermal energy or stop the consumption of thermal energy, if the introduction of such a restriction or such termination must be carried out by the consumer.

The procedure for limiting and stopping the supply of thermal energy is determined by the heat supply agreement, taking into account the provisions of the law.

II. Criteria and procedure for determining a single heat supply organization

3. The status of a single heat supply organization is assigned to a heat supply and (or) heating network organization by a decision of the federal executive body (in relation to cities with a population of 500 thousand people or more) or a local government body (hereinafter referred to as the authorized bodies) upon approval of the heat supply scheme for a settlement or urban district.
4. The draft heat supply scheme must define the boundaries of the zones of activity of a single heat supply organization (organizations). The boundaries of the zone(s) of activity of a single heat supply organization(s) are determined by the boundaries of the heat supply system.
If there are several heat supply systems on the territory of a settlement or urban district, the authorized bodies have the right to:

determine a single heat supply organization (organizations) in each of the heat supply systems located within the boundaries of a settlement or urban district;

determine a single heat supply organization for several heat supply systems.

5. To assign an organization the status of a single heat supply organization on the territory of a settlement, urban district, persons who own thermal energy sources and (or) heating networks by right of ownership or other legal basis, submit to the authorized body within 1 month from the date of publication (placement) in in accordance with the established procedure of the draft heat supply scheme, as well as from the date of publication (placement) of the message specified in paragraph 17 of these Rules, an application for assigning the organization the status of a single heat supply organization indicating the area of its activity. The application is accompanied by financial statements prepared as of the last reporting date before filing the application, with a note from the tax authority on its acceptance.
Authorized bodies are obliged, within 3 working days from the deadline for filing applications, to post information about accepted applications on the website of the settlement, urban district, on the website of the corresponding subject of the Russian Federation on the Internet information and telecommunications network (hereinafter referred to as the official website).
If local government bodies do not have the opportunity to post relevant information on their official websites, the necessary information can be posted on the official website of the subject of the Russian Federation within the boundaries of which the corresponding municipal entity is located. Settlements included in a municipal district can post the necessary information on the official website of this municipal district.
6. If, in relation to one zone of activity of a single heat supply organization, 1 application is submitted from a person who owns, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, then the status of a single heat supply organization is assigned to the specified person. If, in relation to one zone of activity of a single heat supply organization, several applications are submitted from persons who own, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, the authorized body assigns the status of a single heat supply organization in in accordance with paragraphs 7 - 10 of these Rules.
7. The criteria for determining a single heat supply organization are:

ownership, by right of ownership or other legal basis, of thermal energy sources with the highest operating thermal power and (or) heating networks with the highest capacity within the boundaries of the area of activity of a single heat supply organization;

the amount of equity capital;

ability to better ensure the reliability of heat supply in the corresponding heat supply system.

To determine these criteria, the authorized body, when developing a heat supply scheme, has the right to request relevant information from heat supply and heating network organizations.
8. If an application for assignment of the status of a single heat supply organization is submitted by an organization that owns, by right of ownership or other legal basis, heat energy sources with the highest operating thermal power and heating networks with the highest capacity within the boundaries of the area of activity of the single heat supply organization, the status of the single heat supply organization assigned to this organization.
Indicators of the operating power of thermal energy sources and the capacity of heating networks are determined on the basis of data from the heat supply diagram (draft diagram) of a settlement or urban district.
9. If applications for assignment of the status of a single heat supply organization are submitted from an organization that owns, by right of ownership or other legal basis, sources of thermal energy with the highest operating thermal power, and from an organization that owns, by right of ownership or other legal basis, heat networks with the largest capacity within the boundaries of the area of activity of a single heat supply organization, the status of a single heat supply organization is assigned to that organization from the above that has the largest amount of equity capital. If the size of the own capitals of these organizations differs by no more than 5 percent, the status of a single heat supply organization is assigned to the organization that is able to best ensure the reliability of heat supply in the corresponding heat supply system.
The amount of equity capital is determined according to the financial statements compiled as of the last reporting date before filing an application to assign the organization the status of a single heat supply organization with a mark from the tax authority on its acceptance.
10. The ability to best ensure the reliability of heat supply in the corresponding heat supply system is determined by the organization’s technical capabilities and qualified personnel for setup, monitoring, dispatching, switching and operational control of the hydraulic and temperature conditions of the heat supply system and is justified in the heat supply scheme.
11. If organizations have not submitted a single application for assignment of the status of a single heat supply organization, the status of a single heat supply organization is assigned to the organization that owns thermal energy sources with the highest operating thermal capacity and (or) heating networks with the highest thermal capacity in the relevant area of activity.
12. When carrying out its activities, the unified heat supply organization is obliged to:

conclude and execute heat supply agreements with any heat energy consumers who apply to it, whose heat-consuming installations are located in this heat supply system, provided that these consumers comply with the technical conditions for connection to heat networks issued to them in accordance with the legislation on urban planning activities;

conclude and execute contracts for the supply of thermal energy (power) and (or) coolant in relation to the volume of heat load distributed in accordance with the heat supply scheme;

conclude and execute contracts for the provision of services for the transfer of thermal energy and coolant in the amount necessary to ensure heat supply to consumers of thermal energy, taking into account losses of thermal energy and coolant during their transfer.

13. An organization may lose its status as a single heat supply organization in the following cases:

failure to fulfill or improper fulfillment of obligations to pay for thermal energy (capacity), and (or) coolant, and (or) services for the transfer of thermal energy, coolant, provided for by the conditions specified in paragraphs three and four of clause 12 of these Contract Rules, in an amount exceeding the volume such obligations for 2 billing periods, or systematic (3 or more times within 12 months) non-fulfillment or improper fulfillment of other obligations provided for by the terms of such agreements. The fact of non-fulfillment or improper fulfillment of obligations must be confirmed by decisions of the federal antimonopoly body and (or) its territorial bodies and (or) courts that have entered into legal force;
(as edited by stop of the Government of the Russian Federation of November 24, 2016 No. 1239)

adoption in the prescribed manner of a decision on reorganization (with the exception of reorganization in the form of merger, when other reorganized organizations join an organization that has the status of a single heat supply organization, as well as reorganization in the form of transformation) or liquidation of an organization that has the status of a single heat supply organization;

adoption by an arbitration court of a decision to declare an organization that has the status of a single heat supply organization bankrupt;

termination of the right of ownership or possession of the property specified in paragraph two of clause 7 of these Rules, on the grounds provided for by the legislation of the Russian Federation;

inconsistency of an organization that has the status of a single heat supply organization with criteria related to the size of its own capital, as well as the ability to better ensure the reliability of heat supply in the corresponding heat supply system;

filing by an organization of an application to terminate the functions of a single heat supply organization.

14. Persons whose rights and legitimate interests are violated on the grounds provided for in paragraph two of clause 13 of these Rules, immediately inform the authorized bodies about this so that they can make a decision on the loss of the organization’s status as a single heat supply organization. The specified information must be accompanied by decisions of the federal antimonopoly authority and (or) its territorial bodies and (or) courts that have entered into legal force.
An authorized official of an organization that has the status of a single heat supply organization is obliged to notify the authorized body of the occurrence of the facts specified in paragraphs three to five of clause 13 of these Rules, which are the basis for the organization losing the status of a single heat supply organization, within 3 working days from the date the authorized body makes a decision on reorganization, liquidation, declaring an organization bankrupt, termination of ownership or possession of the organization’s property.
15. An organization that has the status of a single heat supply organization has the right to submit to the authorized body an application to terminate the functions of a single heat supply organization, except for cases where the status of a single heat supply organization is assigned in accordance with paragraph 11 of these Rules. An application to terminate the functions of a single heat supply organization can be submitted before August 1 of the current year.
16. The authorized body is obliged to make a decision on the loss of the organization’s status as a single heat supply organization within 5 working days from the date of receipt from persons whose rights and legitimate interests were violated on the grounds provided for in paragraph two of paragraph 13 of these Rules, decisions of the federal antimonopoly body that have entered into legal force , and (or) its territorial bodies, and (or) courts, as well as receiving a notification (application) from an organization that has the status of a single heat supply organization, in the cases provided for in paragraphs three to seven of clause 13 of these Rules.

If a single heat supply organization is assigned to several heat supply systems, the authorized body makes a decision on the loss of the organization’s status as a single heat supply organization only in those areas of activity determined in accordance with the heat supply scheme in which the fact of non-fulfillment or improper fulfillment of obligations by the single heat supply organization is confirmed by those who entered into legal force by decisions of the federal antimonopoly body, and (or) its territorial bodies, and (or) courts in accordance with paragraph two of paragraph 13 of these Rules, or in respect of which the organization has filed an application to terminate the functions of a single heat supply organization in accordance with paragraph seven of paragraph 13 of these Rules. (as amended by Decree of the Government of the Russian Federation dated November 24, 2016 No. 1239)

17. The authorized body is obliged, within 3 working days from the date of the decision on the loss of the organization’s status as a single heat supply organization, to post a message about this on the official website, and also invite heat supply and (or) heating network organizations to submit an application for assignment of the status of a single heat supply organization.
Submission of an application by interested organizations and determination of a single heat supply organization is carried out in the manner established in paragraphs 5 - 11 of these Rules.
18. An organization that has lost the status of a single heat supply organization on the grounds provided for in paragraph 13 of these Rules is obliged to perform the functions of a single heat supply organization until another organization is assigned the status of a single heat supply organization in the manner provided for in paragraphs 5 - 11 of these Rules, and also transfer to the organization to which it was assigned the status of a single heat supply organization, information about heat consumers, including the name of the consumer, place of residence (location), bank details, as well as information on the status of settlements with the consumer.
19. The boundaries of the zone of activity of a single heat supply organization may be changed in the following cases:

connecting new heat-consuming installations, heat energy sources or heating networks to the heat supply system, or disconnecting them from the heat supply system;

technological integration or separation of heat supply systems.

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1 ETO is a single buyer and seller in its service area Fair prices for consumers on the principles of competition with alternative types of heat supply Reliable and high-quality heat supply (DHW) to consumers Requirements from the state Why is ETO needed ETO is the main element of the system of relations in the field of heat supply; The ETO is designed to untie the knot of problems that have accumulated in the heat supply sector.

What we want from ETO 1. Reliability and quality a. Increased wear and tear on heat source equipment b. Inefficiency and extreme wear and tear of heating networks, increasing losses in networks c. Increase in the number of damages/accidents 2. Optimization of the heat supply scheme a. Lack of a center of responsibility for reliability and quality 3. Exclusion of resellers from the payment chain a. Increase in debt for heat b. Unprofitability of TGK for heat due to created reserves and debt write-off 4. Receipt of the final tariff and transition to settlements with end consumers a. There is no possibility to supply heat to the end consumer b. Lack of economic incentives to improve the situation c. Lack of mechanisms for guaranteeing and collecting payments from the population 2

Reliability and quality 3 A clear, consumer-fair mechanism for implementing ETO’s responsibility for the reliability and quality of heat supply (DHW): a list of indicators is established by the Government of the Russian Federation or the Federal Administration for Internal Affairs, incl. through approval standard form of a heat supply and (or) hot water supply agreement or a list of essential terms of the agreement, the values of the indicators are established in the heat supply agreement by the parties (essential condition), permissible (non-penalty) deviations from the values established in the heat supply and (or) hot water supply agreement are established by the Government of the Russian Federation or UFOIV The general shortage of tariffs and “not up to repairs”, as well as debts for heat, do not allow maintaining the heat and power sector in a reliable condition. + -

The wear and tear of heating networks exceeds 65%! 4 On average, more than 50% of networks have been in operation for more than 20 years. This state of heating networks is typical for the Russian Federation as a whole. Structure of heat networks of JSC “Quadra - Power Generation” by service life, in% - up to 10 years - from 10 to 25 years - over 25 years percent

5 Optimization of the heat supply scheme ETO independently makes decisions on the functioning of the heat supply system within the framework of: - price restrictions for consumers - the need to ensure reliability and quality of heat supply Purchase of goods and services in the field of heat supply Commissioning of new capacities and heating networks Decommissioning of capacities ETO ensures a stable structure of capacities and loading of the most efficient heat sources +

6 Exclusion of resellers from the chain of payments Fact 1: The volume of non-payments in general for supplied thermal energy in the Russian Federation has reached a critical level of more than 170 billion rubles, overdue - more than 110 billion rubles! Fact 2: Non-payments do not depend on the solvency of the population! We excluded one link of resellers/intermediaries - municipal unitary enterprises, etc. There remains another link of intermediaries - the management company, the homeowners' association. + -

7 Tambov Lipetsk Orel Ryazan Smolensk Municipal Unitary Enterprise "Tambov-JSC "LGEK" Management Municipal Unitary Enterprise Municipal Unitary Enterprise "Smolensk-Invest Service" RMPTS Heating Network" Voronezh Belgorod Kursk Smolensk 83% 73% 99%98% Level of payment for thermal energy in the area of activity of JSC "Quadra - Power Generation" in 2013 Cities with the participation of intermediaries in the payment scheme for thermal energy Cities with direct payment for thermal energy 66% 76% 96% 91% Exclusion of resellers from the payment chain 47%

Payment 9 ETOUKPopulation heat debt MUP transportation service Transition to settlements with end consumers: How it became ETO receives the final tariff ETO directly enters into heat supply agreements with management companies and homeowners associations, which puts resellers who carry out transportation through neighborhood networks at cash flow after ETO, the intermediary in the person of the management company/homeowners association remained in the chain, the goal was not achieved - the debts continue to grow!
payment utility service 11 ETOUKPopulation heat payment for heat MUP transportation service Transition to settlements with end consumers: What do we want? Allow ETO to quickly transition to direct settlements with end consumers without solutions general meetings homeowners payment