ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 7, 2000 No. 1822

About approval of regulatory legal acts in the field of power industry

For the purpose of reduction of regulatory legal acts in the field of power industry in compliance with the Law of the Republic of Kazakhstan "About power industry" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

Rules of provision of utilities.

2. To Department of Energy, the industry and trade of the Republic of Kazakhstan to bring earlier adopted regulatory legal acts into accord with this resolution.

3. This resolution becomes effective from the date of signing.

Approved by the order of the Government of the Republic of Kazakhstan of December 7, 2000 No. 1822

Rules of provision of utilities

1. General provisions

1. These rules are developed according to the current legislation and establish procedure, conditions of provision and payment of utilities (further - services), and also determine the rights and obligations of Service providers and Consumers.

2. In these rules the following determinations are used:

utilities - electric utility service, heat supply, water supply, channeling (further - power supply), and also the services in removal of garbage and servicing by elevators provided to citizens in apartments, individual apartment houses and also for needs of personal plots, garages, to the consumers carrying on individual business at the place of residence, and objects of condominium;

The service provider - the legal entity or physical person which is engaged in electric utility service, heat supply, water supply, channeling (further - the power supplying organization), and also providing (rendering) services in removal of garbage and servicing by elevators, rendering services for subscribers and objects of condominium - is delivery of electrical and heat energy;

The consumer - the citizen or the object of condominium using utility;

the service provision mode - system of the obligatory regulations established for each type of service;

power supply - delivery and sale to consumers of electrical energy, heat energy, water (further - energies);

the power supplying organization - the legal entity performing delivery (independently or under the contract with the power transferring organization) and sale to consumers of the made or purchased electrical energy, heat energy, water;

the power transferring organization - the organization performing transfer and (or) distribution of energy;

energy - electrical and heat energy, water, are goods on energy market.

3. The questions connected with power supply and provision of services on removal of garbage and servicing by elevators of Consumers, not covered in these rules are regulated by the current legislation.

3-1. The questions connected with provision of utilities on gas supply are regulated by separate regulatory legal acts.

2. Procedure and conditions of provision of services

4. Provision of services is made based on the individual contract between the Service provider and the Consumer (further - the Agreement).

Consumers have the right to delegate in the procedure established by the legislation the rights according to the conclusion of agreements to cooperative of owners of apartments (further - KSK) or to other physical person or legal entity.

The agreement cannot contradict these rules, and its text shall be approved with territorial antimonopoly authorities if necessary.

The agreement is considered the prisoner sine die (if other is not provided by the agreement of the parties) and can be changed or terminated on the bases provided in Items 35 and 38 of these rules.

5. Consumer properties and the mode of provision of services shall conform to the requirements established by the specifications and technical documentation:

1) on heat supply - to the sanitary standards determining air temperature in premises - round the clock during the heating season;

2) on electric utility service - to parameters of electrical energy according to the existing standard - round the clock within year;

3) on cold and hot water supply - to hygienic requirements on composition, properties and temperature of heating of the pumped water, and also settlement consumption of water in analysis point - round the clock within year;

4) on channeling - ensuring complete removal of sewage round the clock within year;

5) it is excluded

6) on servicing by elevators - to safe use liftamikruglosutochno within year, or based on the agreement;

7) on removal of garbage - to the complete removal of garbage meeting the sanitary and epidemiologic requirements.

6. The mode of provision of services and warranty consumption level taking into account capacity, structure and depreciation of domestic fixed assets, climatic and other local conditions is established by the Agreement.

7. Possible variations from the mode of provision of services shall be without fail provided in the Agreement.

3. Responsibility of the parties

8. Content in proper technical condition and safety of all-house power networks, and also metering devices is obligation of the power supplying organization and is performed on the basis of the separate contract with KSK or other authorized person Potrebitelya or Potrebitel.

The power supplying organization can make servicing independently (in the presence of the corresponding permission) and (or) under the contract with the power transferring or other specialized organization having the license (permission) to such type of activity. Involvement of the specialized organizations is made on tender basis.

Responsibility for technical condition and operation of pipelines, electrical wiring, the electric equipment in apartments, individual houses, personal plots, garages, etc., and also for safe engineering when using of energy is assigned to the Consumer.

9. Settlement metering devices are acquired and established by the power transferring organization.

Financing of installation of metering devices is made at the expense of own or borrowed funds of the power transferring organization.

The consumer refunds to the power transferring organization expenses for the acquired and established metering device through rate for energy under the contract for power supply.

10. The consumer has the right to acquire individual metering devices independently. Expense recovery of the power transferring organization through rate is made for such consumers only for installation of metering devices according to the agreement.

11. Metering devices can be established on staircases, in corridors and in certain apartments.

Pass to metering devices shall be free.

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