| The arbitration confirmed the right of St. Petersburg to its own networks The appeal panel of the Arbitration Court for St. Petersburg and the Leningrad Region rejected yesterday the claim of the Office of the Prosecutor General for the Northwestern Federal District to cancel the order of St. Petersburg Governor Vladimir Yakovlev, according to which in the spring of 2001 OJSC St. Petersburg Electric Networks (SPbES) was created with 100% city participation. In addition, the same court recognized as legal the order of the State Property Committee of St. Petersburg on the transfer of a number of electrical engineering facilities owned by the city to the trust management of SPbES.
With the creation of SPbES, the regional subsidiary of RAO UES, Lenenergo, was deprived of the opportunity to sell electricity directly to a number of clients. At the same time, the local energy commission granted SPbES the right to purchase electricity at a discount of 48.58% from the current tariff. If we also take into account that the “Smolny electricians” intend to take away all budget consumers from Lenenergo, then it will become clear why the head of RAO Anatoly Chubais, during each visit to St. Petersburg, does not spare sharp words addressed to SPbES, its creators and its future.
Since the middle of last year, Lenenergo has been fighting SPbES on all fronts, winning over to its side the management of the Prosecutor General’s Office and the Ministry of Aviation Administration, whose local territorial administration demanded that the governor liquidate the company. But this order was appealed in court and has not yet been implemented. And yesterday Lenenergo suffered a significant defeat in the fight against Smolny: the court sided with the city authorities in two main litigations. Back in November last year, the Prosecutor General's Office filed a lawsuit to cancel the governor's order on the creation of SPbES. The court of first instance supported the prosecutor's office, but yesterday the governor's order was recognized as legal.
Lenenergo's lawsuit to cancel the order of KUGI, on the basis of which SPbES received city energy facilities for trust management, took the same path through the courts. Smolny claims that a number of new substations built in recent years by Western investors are owned by the city. And the head of Lenenergo, Andrey Likhachev, does not agree with this, considering his company to be the owner. However, he believes that if the city manages to prove ownership of the substations, the budget will have to compensate the energy company for the costs of long-term operation of these facilities.
SPbES said yesterday: “There are fewer and fewer legal obstacles to the activities of our company. The city must control the activities of the most important infrastructure sectors, in particular, manage the electrical grid.” The Prosecutor General's Office does not comment on the court decision on the claim in connection with the business trip of the employee responsible for this case.
The Lenenergo press service announced its intention to file a cassation appeal yesterday. The company believes that the decision of the appeal court was not made in favor of the residents of St. Petersburg for two reasons. Firstly, the press service said in a statement, the court verdict “confirms the independence from the state and the non-controllability of an enterprise created with state money and managing state property. If we assume that this court decision will be final, then SPbES will receive the legal right to exploit the property of the city and its citizens, using the funds received at its own discretion for its own needs.”
Secondly, since SPbES gave a discount on the tariff, Lenenergo will be forced to seek an increase in tariffs. Victor MATVEEV, St. Petersburg |
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