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Moscow Times, October 10, 2002

Deputies Vote to Break Up Power Grid

By Alla Startseva

A handful of young Yabloko supporters, wearing red wigs in a nod to Chubais and carrying boxes reading "Alms for reform," protesting the UES bills at the Duma on Wednesday.

After months of fierce debate and horse-trading, lawmakers on Wednesday passed a new electricity bill that allows for the carve-up of Unified Energy Systems, the world's largest power producer.

By a vote of 261 to 152 with one abstention, State Duma deputies passed in first reading the bill that frees the government to overhaul the monopoly and liberalize electricity prices if, as expected, it passes two more readings and is approved by the Federation Council and the president.

The government's pointman on the project, Deputy Economic Development and Trade Minister Andrei Sharonov, called the bill as crucial to the future of the economy as the law passed earlier this year that legalized the sale of agricultural land for the first time since 1917.

"[The bill] proposes the liberalization of the electricity sector but leaves the most important regulative levers in government hands," Sharonov was quoted by news agencies as saying.

Opponents of the bill, including the Communist, Agrarian and Yabloko parties, say it and four other bills in a reform package passed Wednesday will create a politically dangerous system that gives UES management the power to manipulate regions and republics and essentially blackmail businesses.

The bills were the only items on the Duma's debate docket Wednesday and they all passed by similar margins. They include the bill on electricity, a bill on implementing the law on electricity, amendments to existing laws on regulating electricity and heat tariffs, energy savings and natural monopolies, as well as changes to the second part of the Civil Code.

The package is designed to introduce competition into the sector, define the operational rules for a competitive wholesale market, new procedures for tariff setting, and the creation of new entities such as standalone generation, supply and distribution companies.

Sharonov said that if the bills don't become law, UES would have too much latitude to impose its own conditions on the market.

"If the package of draft bills had not been passed today in the first reading then the reform of UES, taking into account the pre-election political situation, would have been delayed at least two or three years, and maybe five," said Vladimir Pekhtin, the parliamentary leader of the pro-Kremlin Unity party.

The government submitted the package of bills, which are based on proposals by UES chief Anatoly Chubais, to the Duma in June. Hesitant lawmakers, however, delayed voting on the legislation in part because Chubais was behind it and because the complicated nature of the reform itself made reaching a consensus taxing and lengthy.

A trilateral conciliation commission made up of members of the Cabinet and both houses of parliament had to be formed to strike a compromise over the 300 changes to the government's version demanded by various factions.

The breaking up of 51 percent state-owned UES ahead of its further privatization is anxiously awaited by the country's major financial industrial groups, many of whom are busy buying up blocking stakes in regional utilities controlled by UES in an effort to influence and gain from the process.

Opposition leaders held out hope as late as Tuesday that they would have enough votes to block the plan, which they likened to the scandalous loans-for-shares scheme Chubais presided over in the mid-'90s as privatization tsar in former President Boris Yeltsin's Cabinet. That scheme, which resulted in one of the largest transfers of state assets to private hands in history, created the so-called oligarchy.

But last-minute concessions by the Cabinet encouraged the Fatherland-All Russia faction to reverse its opposition and back the bills, putting the government over the 226-vote threshold.

Before Tuesday, the faction, which counts among its leaders Moscow Mayor Yury Luzhkov, a longtime critic of Chubais, was against the bills. But a consensus was reached after last-minute negotiations between Luzhkov, Chubais, Economic Development and Trade Minister German Gref and deputy presidential administration chief Vladislav Surkov that lasted until 3 a.m.

Luzhkov had demanded that City Hall get a controlling stake in local monopoly Mosenergo in exchange for Fatherland-All Russia's support. But he agreed to support the bills in exchange for a promise for greater control over the distribution and supply companies that will be created from Mosenergo's current assets, Vedomosti reported.

Luzhkov spokesman Sergei Tsoi trumpeted the victory, saying thanks to Luzhkov and Fatherland-All Russia "UES reform will not be a la Chubais anymore."

But what may be good for City Hall may not be good for Mosenergo shareholders.

"In our view, this is negative news for Mosenergo's current minority shareholders, as it is likely that the increase in the Moscow city government's stake in the distribution and supply companies is likely to be achieved by way of an additional share issue by Mosenergo, which will inevitably result in a dilution of the stakes of Mosenergo's minority shareholders," Renaissance Capital wrote.

Both the government and UES said they were confident the bills would pass all three readings, with Deputy Prime Minister Viktor Khristenko saying he expected them to be ready for President Vladimir Putin's signature by the end of the year.

"The outcome was better than we had expected," Gref told reporters, Reuters reported. "This is because emotions are no longer running so high. We have managed to get some of our ideas through to deputies."

But the bills must now pass the crucial second reading, scheduled for next month, in which specifics will be nailed down.

One major obstacle, according to UES spokesman Leonid Gozman, is how often tariffs will be set. Lawmakers want them set no more than once a year so businesses can better plan, while the government and UES want more flexibility.

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the original at www.themoscowtimes.com

Energy Sector Reform

Moscow Times, October 10, 2002

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