of December 30, 2014 No. 194
About approval of Rules of approval of investing programs (projects) of subject of natural monopoly, their adjustment, and also carrying out information analysis about their execution
According to Items 2 and 3 of article 15-3 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" PRIKAZYVAYU:
1. Approve the enclosed Rules of approval of investing programs (projects) of the subject of natural monopoly, their adjustment, and also carrying out information analysis about their execution.
2. To provide to committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) official publication of this order in information system of law of Ad_let and in periodic printing editions;
3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.
3. To impose control of execution of this order on the first vice-minister of national economy of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Minister
E.Dosayev
Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of December 30, 2014 No. 194
1. These rules of approval of investing programs (projects) of the subject of natural monopoly, their adjustment, and also carrying out information analysis about their execution are developed according to Items 2 and 3 of article 15-3 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" (further – the Law).
Rules provide the following stages of realization:
1) provision of the request for approval of proyektovtarif (prices, rates of charges) and tariff estimates;
2) considerations and approvals of investing program (project);
3) adjustments of the planned investing program (project) in case of its approval;
4) adjustments of the approved investing program (project);
5) carrying out information analysis about execution of investing program (project) and adjustment of investing program (project) when carrying out such analysis;
6) consumer notifications about course of execution by the subject of investing program (project);
7) placements by the subject information on execution of investing program (project).
2. The investing program (project) of the subject of natural monopoly (further - the subject), is developed taking into account priorities of development of the Republic of Kazakhstan and socio-economic indexes of the Republic of Kazakhstan, for achievement of the approved measures and indicators of industry or local programs of recovery, reconstruction, upgrade of systems for the corresponding period and is aimed at providing energy saving and increase in energy efficiency, creation of new assets, expansion, recovery, updating of the existing assets, reconstruction, modernization.
The amounts of attachments provided in the approved investing program (project) in fixed assets of the subject are considered in case of limiting forecast calculations of growth of rates (the prices, rates of charge) on regulated services (goods, works) on current period and long-term outlook.
2-1. In investing program (project) the funds allocated for implementation of actions on energy saving and increase in energy efficiency are determined provided that they will not entail increase in rates (the prices, rates of charges) or their limits on regulated services (goods, works) of the subject of natural monopoly, and also on expansion, recovery, updating, support of the existing assets, reconstruction, modernization of fixed assets, creation of new assets of the subject of the natural monopoly for the short-term, medium-term or long-term periods for the purpose of receipt of technical and economic effect including one or several investment projects.
3. The realization of investing program (project) of the subject is enabled according to the tariff estimate created according to requirements of the Special procedure for forming of costs, No. 130-OD registered in the Register of state registration of regulatory legal acts for No. 8480 applied in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of natural monopolies, the approved order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of April 25, 2013 (further – the Special procedure).
4. The investing program (project) of the subject is subdivided:
1) on realization terms - on short-term (till 1 year inclusive), medium-term (more than 1 year and up to 4 years inclusive), long-term (5 and more years);
2) according to the status - on republican and local;
3) on orientation of actions - investments on ensuring energy saving and increase in energy efficiency, creation of new assets, expansion, recovery, updating, support of the existing assets, reconstruction, modernization of fixed assets of the subject for the short-term, medium-term or long-term period for the purpose of receipt of technical and economic effect, including one or several investment projects.
5. In these rules the following basic concepts are used:
1) the predicted tariff estimate – the tariff estimate, for every year of realization of investing program (project);
2) investing program - the program of attachment and return of the means aimed at providing energy saving and increase in energy efficiency, expansion, recovery, updating
support of the existing assets, reconstruction, modernization of fixed assets, and also on creation of new assets
the subject of natural monopoly, for the short-term, medium-term or long-term period for the purpose of receipt of technical and economic effect, including one or several investment projects;
3) the investment project – the complex of actions providing investments into creation new, expansion and updating of the operating productions;
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The document ceased to be valid since June 13, 2020 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of May 22, 2020 No. 42