THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES

of August 4, 2006 No. 191-OD

About approval of Rules of approval of normative, technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy of subjects of natural monopolies

According to subitem 5-1) of Item 1 of article 13 of the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" PRIKAZYVAYU:

1. Approve the enclosed Rules of approval of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy of subjects of natural monopolies.

2. To department on regulation and control in the field of electro-and heat-and-power engineeering of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Shkarupa A. V.) provide in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

3. To department of administrative work and analysis of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Esirkepov E. O.) after state registration of this Order in the Ministry of Justice of the Republic of Kazakhstan:

To provide 1) in the procedure established by the legislation its official publication in mass media;

2) to bring it to the attention of structural divisions and territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies.

4. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies Aldabergenov N. Sh.

5. This order becomes effective from the date of its official publication.

Rules of approval of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy of subjects of natural monopolies

1. General provisions

1. These rules of approval of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy of subjects of natural monopolies (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" and other regulatory legal acts of the Republic of Kazakhstan.

2. These rules determine single procedure for representation, consideration, approval of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy of subjects of natural monopolies.

3. In these rules the following concepts are used:

1) authorized body - the state body performing management in spheres of natural monopolies and in the controlled markets;

2) competent authority - the state body performing management of the corresponding industry (sphere) of public administration, and for subjects of the natural monopolies rendering regulated services to water management and (or) sewer sistemmestnya executive bodies;

3) the request - the official appeal of the subject of natural monopoly to authorized body about approval of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy.

Other concepts and terms used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

2. Representation and adoption of the request for approval of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy

4. The subject of natural monopoly (further - the Subject) submits to authorized body requests for approval of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy.

5. Are applied to the request for approval of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy:

1) the offered level of normative technical losses;

2) the offered levels of technical and technology consumption rates of raw materials, materials, fuel, energy;

3) reasons for the provided normative technical and technology consumption rates of raw materials, energy (the corresponding calculations of normative technical and technology consumption rates of raw materials, energy);

4) the summary table including:

for normative technical losses - the offered level of normative technical losses, the approved normative technical losses and the actual sizes of losses for current period and the previous two years;

for technical and technology consumption rates of raw materials, materials, fuel, energy - the offered level of technical and technology consumption rates of raw materials, materials, fuel, energies, the approved technical and technology consumption rates of raw materials, materials, fuel, energy and the actual sizes of consumption of raw materials, materials, fuel, energy for current period and the previous two years;

5) explanatory notes about need of approval of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy.

6. The summary table of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy is provided by the Subject in authorized body in duplicate.

7. Summary tables of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy shall be printed with single font (the TimesNewRoman font No. size 14) is used, are numbered, initialed by the first head Subjekta or person fulfilling its duties.

8. Each leaf of the calculations attached to the request and the proving materials shall be initialed by the first head Subjekta, or person fulfilling its duties.

9. It is excluded

10. The authorized body has the right to request the additional information, to carry out comparative analysis of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy of the Subjects who are engaged in similar type of activity. At the same time the term of consideration of the request stops before receipt of required information.

In case of non-presentation by the Subject of the information required in the terms established by authorized body or their representation not in full, the authorized body has the right not to consider the declared sizes of normative technical losses, technical and technology consumption rates of raw materials, materials, fuel, energy.

11. The subject submits required information within the terms established by authorized body, but at least five working days.

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