ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of December 10, 2018 No. 489

About approval of Rules of forming and maintaining the Register of groups of persons

According to subitem 70-32) of article 5 of the Law of the Republic of Kazakhstan "About power industry" PRIKAZYVAYU:

1. Approve the enclosed Rules of forming and maintaining the Register of groups of persons.

2. To provide to department of realization of state policy in the field of power industry of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Department of Energy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

4. This order becomes effective from the date of its state registration and is subject to official publication.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of December 10, 2018 No. 489

Rules of forming and maintaining Register of groups of persons

Chapter 1. General provisions

1. These rules of forming and maintaining the Register of groups of persons (further - Rules) are developed according to subitem 70-32) of article 5 of the Law of the Republic of Kazakhstan "About power industry" (further - the Law) and determine procedure for forming and maintaining the Register of groups of persons.

2. In these rules the following basic concepts are used:

1) the Register of groups of persons (further - the Register) – the list of the power making organizations and the consumers entering one group of persons created and placed on official Internet resource of authorized body on condition of control availability according to parts two, the third and fourth Item 1-1 of article 9 of the Law.

2) authorized body - the state body performing management in the field of power industry;

Other concepts and determinations used in these rules are applied according to the legislation of the Republic of Kazakhstan in the field of power industry.

Chapter 2. Procedure for forming of the Register

3. The legal entity under whose control there are consumers and the power making organizations according to parts two, the third and fourth Item 1-1 of article 9 of the Law (further – the Applicant), for inclusion of group of persons in the Register submits the following documents to authorized body:

1) the statement on inclusion of group of persons in the Register;

2) constituent documents of the Applicant representing the interests of group of persons;

3) the charter of the legal entity, the statement from the trade register for the foreign legal entity or other document, confirmatory that consumers and the power making organizations, are part of one group of persons;

4) the power of attorney or the agreement confirming the Applicant's right to represent consumer interests and the power making organizations.

4. The statement of the Applicant contains:

1) the list of the power making organizations at the expense of which the consumers entering with them one group of persons on condition of availability of the control determined according to parts two, the third and fourth Item 1-1 of article 9 of the Law will be provided with electric power;

2) the list of consumers who will be provided with capacity at the expense of the power making organizations entering with them one group of persons on condition of availability of the control determined according to parts two, the third and fourth Item 1-1 of article 9 of the Law.

5. The authorized body considers the application of the Applicant with the enclosed documents specified in Item 3 of these rules within ten working days from the date of receipt of the statement.

6. In case, non-presentations by the Applicant of the documents specified in Item 3 of these rules, the authorized body within five working days from the date of their receipt returns the application with indication of return reasons.

The applicant after elimination of notes of authorized body repeatedly directs the application with application of documents, the these rules specified in Item 3.

7. The authorized body within five working days after the termination of terms of consideration of the application of the Applicant includes the corresponding group of persons in the Register and places the Register on Internet resource of authorized body.

8. The register includes the lists of the power making organizations and consumers specified in subitems 1) and 2) of item 4 of these rules.

9. Modification and (or) amendments in the created Register of the corresponding group of persons is performed by authorized body based on the statement of the Applicant, with application of documents, the these rules specified in Item 3 which moves in authorized body no later than July 1 every year in time.

The application of the Applicant of the corresponding group of persons is submitted not more often than once a year.

10. Enforcement of changes and amendments in the Register is performed since August 1 of the corresponding year in which the application specified in Item 9 of these rules was submitted.

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