THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES AND PROTECTION OF THE COMPETITION

of March 19, 2003 No. 82-OD

About approval of Rules of approval of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies

According to the subitem 5) Item 1 of article 14-1 of the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" (further - the Law), PRIKAZYVAYU:

1. Approve the enclosed Rules of approval of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies.

2. Declare invalid the order of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against August 6, 1999 No. 59-OD "About approval of the Instruction about approval procedure and introductions of the prices (rates) for goods, works, services of subjects (No. registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan on September 6, 1999 881, No. published in the Bulletin of regulatory legal acts of the central executive and other state bodies of the Republic of Kazakhstan of 1999 3).

3. To department of administrative work of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition (Shabdarbayev A. T.) after state registration of this order:

To provide 1) in accordance with the established procedure its publication in official 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 and protection of the competition.

4. To impose control of execution of this order on the First Deputy Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition Sagintayev B. A.

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

Approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against March 19, 2003 No. 82-OD

Rules of approval of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies

1. General provisions

1. Rules of approval of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies (further - Rules) determine approval procedure and introductions of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies.

2. The concepts used for the purpose of these rules:

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;

2-1) regional electric grid company - the power transferring organization operating power networks of the regional level (further - REK);

3) the request - the official appeal (statement) of the subject of natural monopoly to authorized body for approval of the rates (the prices, rates of charges) on regulated services (goods, works) including differentiated and investment rates (the prices, rates of charge);

4) it is excluded

4-1) method of comparative analysis - the method of forming of rate for regulated service REK in transfer and distribution of electrical energy providing comparison of efficiency of activities of this REK in the REK group created by the authorized body and state body performing management in the field of power industry;

4-2) differential tariff - the rate for regulated services of the subject of natural monopoly approved by authorized body differentially on customer groups and (or) amounts of consumption;

5) the emergency regulating measures - the measures taken by authorized body for the purpose of protection of life, health of citizens, property of physical persons and legal entities, and also environmental protection;

6) the tariff estimate - the indicators approved by authorized body by regulated services (goods, works) about income and expense items, amounts of the rendered regulated services (goods, works) and other economic indicators of activities of the subject of natural monopoly in the form approved by authorized body;

7) regulated services (goods, works) of the subject of natural monopoly - the services (goods, works) provided by the subject of natural monopoly in the field of natural monopoly and which are subject to state regulation by authorized body including cases of provision of services (goods, works) in the form of transfer of certain goods to the consumer;

8) rate (the price, rate of charge) - the monetary value of cost of regulated services (goods, works) of the subject of natural monopoly approved by authorized body;

9) investment rate (the price, rate of charge) - the rate (the price, rate of charge) approved by authorized body within one investment project or its limit on regulated services (goods, works) of the subject of natural monopoly rendered on newly created objects operating to complete payback of the enclosed investments.

3. Approval of rates (the prices, rates of charges), including the differential tariffs is made by authorized body in the following cases:

1) at the initiative of the subject of natural monopoly;

2) at the initiative of authorized body;

3) as the emergency regulating measure.

2. Representation and adoption of the request for approval of projects of rates (prices, rates of charges)

5. During creation or reorganization of the subject of natural monopoly, and also after effective period of rates (the prices, rates of charges) approved, including the differential tariffs, with restriction of effective period, the subject of natural monopoly submits the request for approval of rates (the prices, rates of charges) to authorized body.

6. Change of rates (the prices, rates of charges), including the differential tariffs on regulated services (goods, works) of the subject of natural monopoly is performed according to the Law.

6-1. The authorized body initiates change of rate (the prices, rates of charges) on regulated services (goods, works) of subjects of natural monopolies or their limits and tariff estimates of subjects of natural monopolies based on the conclusion by results of verifications of information on rates and tariff estimates.

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