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The Federal Arbitration Court of the North-West District received the rejection of the cassation appeal of JSC "AtomEnergoSbyt" on judicial acts on the inclusion of IDGC of Centre’s claims in the creditor's register of OJSC "Tverenergosbyt" totalling 4.3

12 February 2016

11 February, the Federal Arbitration Court of the North-West District in the framework of the bankruptcy proceedings of OJSC "Tverenergosbyt" under cassational procedure considered the complaint of JSC "AtomEnergoSbyt" on the ruling of the Arbitration Court of the Tver region dated 06.30.2015 and the resolution of the Fourteenth Arbitration Court of Appeal dated 10.13.2015 on the inclusion of the claim of IDGC of Centre (creditor in bankruptcy) in the amount of 4.3 billion rubles in the creditor's register of the specified debtor. The basis for the consideration of the cassation appeal was a complaint of the major creditor in bankruptcy of OJSC "Tverenergosbyt" - JSC "AtomEnergoSbyt", which did not agree with the previous judicial acts. At the court hearing JSC "AtomEnergoSbyt" quit the cassation appeal, which was adopted by the court, and the proceedings were terminated.

JSC "Atomenergosbyt" (a subsidiary under the control of the State Corporation "Rosatom" CJSC "Rosenergoatom Concern") is the largest debtor of IDGC of Centre of the number of working electricity suppliers of last resort in the regions. Since the spring of 2014 the company has been serving as a supplier of last resort in the Kursk, Smolensk and Tver regions, where IDGC of Centre operates, and during this time its overdue receivables have sustained growth. So on 01.01.2015 it amounted to 0.6 billion rubles, on 01.07.2015 - 0.9 billion rubles, on 01.01.2016 - 2.6 billion rubles. At the beginning of 2016 the share of JSC "Atomenergosbyt" in the total debt of working suppliers of last resort of IDGC of Centre was 33%.

The situation changed at the end of January, when JSC "Atomenergosbyt" replaced its management, and representatives of Rosenergoatom joined to address the problem of non-payment. The company repaid 2.8 billion rubles of receivables to IDGC of Centre, which is 69% of the total amount of its debt at the beginning of 2016.

However, despite the positive trend marked, the problem of receivables to be repaid by the suppliers of last resort to IDGC of Centre is still relevant, since they are responsible for the amount outstanding. This situation jeopardizes the reliability of electricity supply in all 11 subjects of the Central Federal District, where IDGC of Centre operates, as the funds levied from the defaulters, the company uses primarily towards financing its core production activities.

IDGC of Centre is going to continue working consistently to collect receivables. At the beginning of the year in the courts of various levels there were 508 cases initiated by the legal unit of the company to collect debts totalling 11,875 billion rubles. Since January 2016 claims are formed already subject to the provisions of Federal Law № 307-FZ. Only the size of fines claimed from "Atomenergosbyt" to date amounted to about 80 million rubles.

At the same time, the company remains open to a constructive dialogue regarding development of effective mechanisms for debt repayment in view of the current macroeconomic situation, and in some cases real financial capacity of its counterparties.

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