The scheme for supplying Siemens turbines to the Crimea for the TPP in Taman, used by Rostekh, leaves the German company with little chance to challenge it in court, say lawyers interviewed by Kommersant. According to Kommersant, the bankrupt Tekhnopromexport (TPE), buying Siemens turbines for Taman, then simply resold them to the same-name LLC, also owned by Rostekh. Lawyers note that, even if the first contract did not allow OAO TPE to install turbines in the Crimea, Siemens attempts to limit the location of turbines for a new owner are unlikely to be supported by the court.
"Kommersant" found out a scheme that allowed OOO TPE (part of Rostekh) to assert that turbines for the Tauride and Balaklava TPPs in the Crimea were purchased on the secondary market. German Siemens insists that these turbines were moved to the Crimea in spite of the will of the company that originally sold them for installation at the station in Taman. In March 2015, JV Siemens with Power Machines Alexei Mordashov - OOO Siemens Gas Turbine Technology (STGT) - sold to OAO TPE (declared bankrupt in March 2017) four Siemens SGT5-2000E gas turbines. Then, in October 2015, OAO resold these turbines for € 152.4 million. TPE LLC, which is engaged in the construction of two TPPs in the Crimea, follows from the documents of arbitration courts.
Rostek never openly acknowledged that Taman turbines were supplied to the Crimea, claiming that the turbines were purchased "on the secondary market", while their manufacturer was not disclosed. Siemens itself filed a lawsuit against the Rostekh and STGT structures on July 10, demanding the return of turbines from the Crimea, the Germans also offered TPE a redemption of equipment and cancellation of the contract. Siemens tried to obtain security measures by prohibiting the installation of machines purchased by TPE LLC from OAO TPE in October 2015, but on August 18 the court rejected this claim. The scandal related to the supply of German-made turbines to the Crimea, despite the restrictive measures of the EU, led to the imposition of new sanctions - on both TPEs, their general director Sergei Topor-Gilk, Deputy Energy Minister Andrei Tcherezov, the head of the Ministry of Energy Evgeny Grabchak and the service joint venture with Siemens "Interautomatica" .
In Rostekh and the government they continue to insist on the Russian origin of turbines, arguing, among other things, that the turbines were modernized in the Russian Federation. Which elements of the turbines were changed, in "Rostekh", TPE and Ministry of Energy, "Kommersant" yesterday did not comment. According to a source from Kommersant close to Rosteha, changes were made to the flowing part of the gas generator, and a part of the compressor blades was replaced. However, the interlocutors of "Kommersant" do not see any sense in this operation in the market, since "this is a projected and already optimized unit, when it changes, a complete refining of the entire gas generator is required, which is expensive in time and money." In addition, Russian companies fully assembled auxiliary equipment. This is close to the scheme reported to Kommersant in June: the initial equipment including the SGT-2000E gas turbine and the Siemens SGen5-100A generator, as well as the IR-Ziomar waste heat boiler, part of Atomenergomash Rosatom, and Steam turbine "Power Machines" were combined into a certain set of TPE-180 for obtaining new technical documentation. The need for the production of auxiliary equipment is explained by the fact that Siemens shipped the TPE only to the turbines themselves. Such measures on the part of the Germans were caused by the risks associated with participation in Crimean projects: as Kommersant wrote on November 11, 2016, TPE complained to the law enforcement authorities that Siemens did not give part of the equipment purchased for the TPP in Taman.
TPE thought about another option of supplying equipment: the purchase of installations of the Iranian company MAPNA (manufactured under the license of Siemens). According to Kommersant sources familiar with the situation, the contract was already ready, but the situation was affected by Siemens, which threatened the Iranian company with a complete breakdown of relations in the event of a deal. In Siemens, it did not comment yesterday.
Lawyer of the A2 law firm Maxim Safiulin believes that formally the transfer of property rights to the new owner from the first buyer, although he did not use the equipment, allows to say that the deal is concluded on the secondary market. He notes that the resale of turbines produced by STGT is an inalienable right of the buyer. If any restrictions connected with the impossibility of supplying equipment transferred to the Crimea into the Crimea were recorded in the contract, "if they go to court, they will most likely be considered null, since they are called upon to limit the owner's right to dispose of his property, The expert believes.