of February 20, 2009 No. 57-OD
About approval of Rules of differentiation by the power supplying organizations of rates for electrical energy depending on amounts of its consumption by physical persons
According to the subitem 1) article 7 of the Law of the Republic of Kazakhstan "About power industry" PRIKAZYVAYU:
1. Approve the enclosed Rules of differentiation by the power supplying organizations of rates for electrical energy depending on amounts of its consumption by physical persons.
2. To department on regulation 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 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 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.
4. To territorial authorities of the Agency of the Republic of Kazakhstan in two weeks to determine sizes of consumption of electrical energy for which exceeding the payment on the maximum rate is levied by regulation of natural monopolies.
5. 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 Smagulov K. M.
6. This order becomes effective after ten calendar days after day of its first official publication.
Chairman
N. Aldabergenov
Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of February 20, 2009 No. 57-OD
1. These rules of differentiation by the power supplying organizations of rates for electrical energy depending on amounts of its consumption by physical persons (further – Rules) are developed according to subitems 1) and 2) of Item 1 of article 124-5 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and the Law of the Republic of Kazakhstan "About power industry" (further – the Law) and determine procedure for differentiation by the power supplying organizations of rates for electrical energy depending on amounts of its consumption by physical persons.
2. The basic concepts applied in these rules:
1) holiday rate - the goods price (works, services) applied by the power supplying organization to realization of electrical energy;
2) the maximum rate - rate for the electrical energy consumed over the size of consumption of electrical energy for physical persons;
3) the minimum rate - rate for the electrical energy consumed within the size of consumption of electrical energy for physical persons;
4) calculated value of instrument readings of accounting - the amount of electrical energy accepted for accounting instrument reading in case of its temporary lack, or impossibility of removal of the actual indication, determined as the work of average daily expense (consumption) of electrical energy for previous period to the number of calendar days of this period;
5) the differential tariffs on electrical energy depending on amounts of its consumption (further - the differential tariffs) - the rates for electrical energy, different depending on consumption amount, applied to physical persons according to these rules;
6) the consumer - the physical person consuming electrical energy on the basis of the agreement;
7) authorized body - the state body performing management in spheres of natural monopolies;
8) department of authorized body – Committee on regulation of natural monopolies of the Ministry of national economy of the Republic of Kazakhstan;
9) average daily expense (consumption) of electrical energy - the amount of electrical energy determined as ratio of the actual amount of electrical energy for certain period of time to the number of calendar days of this period during which the metering device was operational and sealed up. The period gets out of calculation of thirty calendar days in the presence of the taken accounting instrument readings;
10) the power supplying organization - the organization performing sale to consumers of the purchased electrical energy.
Other concepts used in Rules are applied according to the Law.
3. The power supplying organizations used in these rules are the organizations which are subject to state regulation according to subitems 1) and 2) of Item 1 of article 124-5 of the Code.
The differential tariffs are entered by the power supplying organization after approval of department of authorized body.
4. In case of short-reception of the income or receipt of the unreasonable income by the power supplying organization in connection with application of the differential tariffs the amount of the half-received income or the amount of unreasonably gained income is considered in case of the next review of rates due to corresponding change of holiday rate.
5. In case of change of level of holiday rate the power supplying organization makes recalculation of the differential tariff.
6. The power supplying organizations, in case of modification of calculation of the differential tariffs, according to these rules, approve the changed differential tariffs with department of authorized body.
7. In case of giving by consumers, the statement on application of the differential tariffs depending on electric power consumption amounts the electrosupplying organizations make out these consumers bills for the electrical energy consumed on domestic needs taking into account the differential tariffs for electrical energy depending on amounts of the consumed energy.
If the actual period between removals of indications of metering devices of electrical energy is not equal to thirty calendar days, the size of sizes of consumption of electrical energy is adjusted by the power supplying organization or the consumer taking into account duration of the actual period.
The underused quantity of electrical energy within the size of consumption of electrical energy is not used next month.
8. The payment for the consumed electrical energy on amounts of consumption is determined by the differential tariffs taking into account the number of constantly living consumers for whose determination the employee of municipal services receives the corresponding data from service of the web portal of the "electronic government" allowing to issue references to the third parties or the information systems integrated with databases of law-enforcement bodies.
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