ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of February 16, 2018 No. 50

About introduction of amendments to some orders of the Agency of the Republic of Kazakhstan on regulation of natural monopolies

I ORDER:

1. Approve the list of some orders of the Agency of the Republic of Kazakhstan on regulation of natural monopolies to which changes according to appendix to this order are made.

2. To committee on regulation of natural monopolies, protection of the competition and the rights of consumers of the Ministry of national economy of the Republic of Kazakhstan to provide in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising 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.

It is approved Minister of investments and development of the Republic of Kazakhstan February 19, 2018

K. Kasymbek

Appendix

to the Order of the Minister of national economy of the Republic of Kazakhstan of February 16, 2018 No. 50

The list of some orders of the Agency of the Republic of Kazakhstan on regulation of natural monopolies to which changes are made

1. Bring in the order of the Chairman of the Agency on regulation of natural monopolies of the Republic of Kazakhstan of December 30, 2005 No. 384-OD "About approval of Rules of conducting separate accounting of the income, costs and the involved assets by the subjects of natural monopolies rendering services to the high-level railway system" (it is registered in the Register of state registration of regulatory legal acts for No. 4060, No. 170) the following changes is published in the Yuridicheskaya Gazeta newspaper of September 22, 2006:

change in Kazakh is made to heading, the text in Russian does not change;

state preamble in the following edition:

"According to the subitem 15) of Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" I ORDER:";

change in Kazakh is made to Item 1, the text in Russian does not change;

in Rules of conducting separate accounting of the income, costs and the involved assets by the subjects of the natural monopolies rendering services to the high-level railway system, approved by the specified order:

change in Kazakh is made to heading, the text in Russian does not change;

state Items 1 and 2 in the following edition:

"1. These rules of conducting separate accounting of the income, costs and the involved assets by the subjects of natural monopoly rendering services to the high-level railway system (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About natural monopolies" (further - the Law), the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of April 25, 2013 No. 130-OD "About the approval of the Special procedure for forming of costs applied in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of natural monopolies" (further - the Special procedure) (it is registered in the Register of state registration of regulatory legal acts for No. 8480) and extend to the subjects of natural monopoly rendering services to the high-level railway system (further - the Subject).

2. Rules determine the basic principles of maintaining and procedure of separate accounting by Subjects for the purpose of ensuring transparency of accounting of the income, costs and the involved assets by regulated services and in general by other activities and establishments of economically reasonable rates approved by authorized body.";

the fourteenth item 4 to state the paragraph in the following edition:

"authorized body - department of the state body performing management in spheres of natural monopolies.".

2. Bring in the order of the Chairman of the Agency on regulation of natural monopolies of the Republic of Kazakhstan of July 24, 2013 No. 220-OD "About approval of Rules of conducting separate accounting of the income and costs in the regional electric grid companies and the power transferring organizations" (it is registered in the Register of state registration of regulatory legal acts for No. 8738, No. 14 (27635) the following changes is published in the Kazakhstanskaya Pravda newspaper of January 22, 2014:

change in Kazakh is made to heading, the text in Russian does not change;

state preamble in the following edition:

"According to the subitem 15) of Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" I ORDER:";

change in Kazakh is made to Item 1, the text in Russian does not change;

in Rules of conducting separate accounting of the income and costs in the regional electric grid companies and the power transferring organizations approved by the specified order:

change in Kazakh is made to heading, the text in Russian does not change;

state Item 1 in the following edition:

"1. These rules of conducting separate accounting of the income and costs in the regional electric grid companies and the power transferring organizations (further - Rules) are developed according to the Laws of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" and of July 9, 2004 "About power industry.";

state item 4 in the following edition:

"4. Conducting separate accounting represents system of collection and generalization of data on the income and costs separately by each type of regulated services and in general on other activities with submission of data to department of the authorized body performing management in spheres of natural monopolies (further - authorized body).";

the second Item 7 to state part in the following edition:

"Other concepts and terms used in these rules are applied according to the legislation of the Republic of Kazakhstan on natural monopolies.".

2) of Item 25 to state the subitem in the following edition:

"2) on services in transfer to the purchased electrical energy in national power grid, networks of the regional level and other EPO;";

and costs on types of service according to appendix to state report form about final income distribution in edition according to appendix to this list.

3. Bring in the order of the acting as the Chairman of the Agency on regulation of natural monopolies of the Republic of Kazakhstan of July 31, 2013 No. 238-OD "About approval of Rules of conducting separate accounting of the income, costs and the involved assets by the subjects of natural monopolies rendering regulated services of sidings" (it is registered in the Register of state registration of regulatory legal acts for No. 8715, No. 33 (27654) the following changes is published in the Kazakhstanskaya Pravda newspaper of February 18, 2014:

change in Kazakh is made to heading, the text in Russian does not change;

state preamble in the following edition:

"According to the subitem 15) of Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" I ORDER:";

change in Kazakh is made to Item 1, the text in Russian does not change;

in Rules of conducting separate accounting of the income, costs and the involved assets by the subjects of natural monopolies rendering regulated services of the sidings approved by the specified order:

change in Kazakh is made to heading, the text in Russian does not change;

state Item 1 in the following edition:

"1. These rules of conducting separate accounting of the income, costs and the involved assets by the subjects of natural monopolies rendering regulated services of sidings (further - Rules) are developed in compliance by the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" (further - the Law).";

the second item 4 to state part in the following edition:

"Other concepts and terms used in these rules are applied according to the legislation on natural monopolies.";

state Item 5 in the following edition:

"5. Separate accounting represents system of collection and generalization of income statements, costs and the involved assets separately on each type of service of sidings, and also periodic creation and submission by Subjects to department of authorized body (further - authorized body) based on such reports of information on the income, expenses and the involved assets on each type of regulated services and in general on other activities according to these rules.";

state Item 8 in the following edition:

"8. For the purposes of conducting separate accounting the income, costs and the involved assets of railway complex of the subject grouped in services of rail transport are distributed by types of regulated services and in general on other activities:

1) provision of siding for journey of railway vehicles on condition of lack of competitive siding - regulated service which amount characterizes the "car-kilometer on sidings" measuring instrument;

2) provision of siding for shunting works, loading unloading and other technological transactions of transportation process, and also for the parking of railway vehicles, unforeseen technological transactions of transportation process on condition of lack of competitive siding, - regulated service which amount characterizes the "freight car-hours of production operations" measuring instrument ("kilometer-hour of the sidings provided for production of production operations with railway vehicles");

3) in general on other activities.".

4. Bring in the order of the Chairman of the Agency on regulation of natural monopolies of the Republic of Kazakhstan of April 1, 2014 No. 67-HK "About approval of techniques of the authorized body performing management in spheres of natural monopolies and the controlled markets" (it is registered in the Register of state registration of regulatory legal acts for No. 9616, it is published on September 22, 2014 in the Information system of law of Ad_let) the following changes:

state heading in the following edition:

"About approval of non-discriminatory techniques of the authorized body performing management in spheres of natural monopolies";

state preamble in the following edition:

"According to the subitem 4) of Item 1 of article 13 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" I ORDER:";

state Item 1 in the following edition:

"1. Approve enclosed:

1) the Non-discriminatory method of calculation of rates (the prices, rates, charges) on regulated services of sidings, according to appendix 1 to this order;

2) the Non-discriminatory method of calculation of investment rate (the price, rate of charges) on regulated services (goods, works) of subjects of natural monopolies in the field of rail transport, ports and the airports, according to appendix 2 to this order.";

in the Method of calculation of rates (the prices, rates, charges) on regulated services of sidings approved by the specified order:

state heading in the following edition:

"Non-discriminatory method of calculation of rates (the prices, rates, charges) on regulated services of sidings";

state Item 1 in the following edition:

"1. This Non-discriminatory method of calculation of rates (the prices, rates, charges) on regulated services of sidings (further - the Technique) is developed according to the laws of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies", of December 8, 2001 "About rail transport", the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of April 25, 2013 No. 130-OD (it is registered in the Register of state registration of regulatory legal acts for No. 8480) "About the approval of the Special procedure for forming of costs applied in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of natural monopolies" (further - the Special procedure).";

state Item 3 in the following edition:

"3. For the purposes of this Technique it is applied the following concepts:

freight cars turnover - the number of the cars which arrived on siding and decreased from it for certain accounting period (days, decade, month, year);

giving cleaning of cars - transactions on acceptance and delivery of cars on (c) siding;

nakatka-vykatka of cars (containers) - transactions on setup and vykat of cars (containers) with (on) railroad side track on (c) ferry boats;

artificial constructions - bridges, pipes, dyuker, siphons, overpasses, pedestrian bridges, tunnels, galleries, retaining and regulatory constructions;

initial and final part of sidings - part of sidings, including traveling development of technical stations of the sidings and cargo Items provided for production of shunting, handling and other technological transactions of transportation process and for the parking of railway vehicles which is not connected with transportation process;

body of sidings - the part of sidings provided for journey of railway vehicles and determining range of giving cleaning;

general part of infrastructure of sidings - the part of sidings of subjects used both for own needs, and for rendering regulated services;

provision of siding for the parking of railway vehicles, unforeseen technological transactions of transportation process - service which is provided in case of sediment of cars on sidings, unforeseen by technological transactions of transportation process, that is on the request of the consumer of service;

authorized body - department of the state body performing management in spheres of natural monopolies.

Other concepts and terms used in this Technique are applied according to the legislation of the Republic of Kazakhstan on natural monopolies and on rail transport.";

in the Method of calculation of investment rate (the price, rate of charges) on regulated services (goods, works) of subjects of natural monopolies in the field of rail transport, ports and the airports approved by the specified order:

state heading in the following edition:

"Non-discriminatory method of calculation of investment rate (the price, rate of charges) on regulated services (goods, works) of subjects of natural monopolies in the field of rail transport, ports and the airports";

state Item 1 in the following edition:

"1. The non-discriminatory method of calculation of investment rate (the price, rate of charges) on regulated services (goods, works) of subjects of natural monopolies in the field of rail transport, ports and the airports (further - the Technique) is developed according to the laws of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies", of December 8, 2001 "About rail transport", of January 17, 2002 "About merchant shipping", of January 8, 2003 "About investments", the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of April 25, 2013 No. 130-OD (it is registered in the Register of state registration of regulatory legal acts for No. 8480) "About the approval of the Special procedure for forming of costs applied in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) subjects of natural monopolies") (further - the Special procedure) and other acts in the area use of airspace of the Republic of Kazakhstan and activities of aircraft.";

state Item 3 in the following edition:

"3. For the purposes of this Technique the following concepts are applied:

project payback period - time frame, during which there is complete return of investment and receipt of the investment profit approved by the investor and department of authorized body (further - authorized body), authorized body. For the purposes of the Technique the payback period of the project is determined equal to operational phase of the investment project;

the period of implementation of the investment project - time frame during which the investment project approved and approved in accordance with the established procedure is implemented by the Subject. In the period of project implementation two phases are allocated: investment during which are performed investment of investments and eksplutatsionny during which the subject gains income from rendering the services connected with use of assets and on which the investment rate (the price, rate of charge) acts;

the investment tariff revenue - the income of the subject of natural monopoly for the period realization of operational phase of the investment project and every year of implementation of the investment project prior to the end of payback period of the project;

the investment tariff estimate - the tariff estimate approved for payback period of the project and for every year of implementation of the investment project;

Other concepts and terms used in the Technique are applied according to the legislation on natural monopolies and on investments.".

Appendix

to the List of some orders of the Agency of the Republic of Kazakhstan on regulation of natural monopolies to which changes are made

Appendix

to Rules of conducting separate accounting of the income and costs in the regional electric grid companies and the power transferring organizations

form

The report on final income distribution and costs on types of service

Accounting period 20 ___.

Index: RU-REKIEPO

Frequency: annual

Represent: subjects natural monopolies, being the regional electric grid companies and the power transferring organizations

Are represented: in Committee on regulation of natural monopolies, protection of the competition and the rights of consumers and its territorial departments

Representation term - till June 1 of the current year

____________________________________

Name of the company

№	Name	The amount for the accounting period on financial accounting, everything, thousands of tenges	Cost amount unaccounted in rate according to special procedure, thousands of tenges	The amount on special procedure, thousands of tenges	The amount on special procedure, thousands of tenges
					Transfer of electrical energy, thousands of tenges	other types of service
						electric utility service *		other service 1		other service 2
						Distribution coefficient	actual amount, thousands of tenges column 6 * column 5	Distribution coefficient	actual amount, thousands of tenges column 8 * column 5	Distribution coefficient	actual amount, thousands of tenges column 10 * column 5
	1	2	3	4	5	6	7	8	9	10	11
For REK
1.	REK costs for rendering services (less uncontrollable costs and depreciation)
2.	Depreciation charges of fixed assets and intangible assets
3.	Uncontrollable costs of REK, including:
3.1.	taxes
3.2.	costs for compensation of technological expense of electrical energy by transfer
3.3.	service fee of the system operator
3.4.	renumeration expenses for borrowed funds for realization of investing program of REK approved in the procedure established by the legislation
3.5.	the costs resulting from force majeur events
	Profit
	In total income
For EPO
1	material costs
	including:
1.1.	raw materials and materials
1.2.	fuel
1.3.	fuels and lubricants
1.4	energy
2	labor costs, all
	including:
2.1.	salary
2.2.	social tax
3	depreciation
4	repair, all
	including:
4.1.	the capital repairs which are not leading to growth of cost of fixed assets
5	services of third parties of production nature
6	other costs
7	period expenses, all
8	total and administrative expenses, all
	including:
8.1.	salary of administrative personnel
8.2.	social tax
8.3.	depreciation
8.4.	tax payments and charges
8.5.	traveling expenses
8.6.	entertainment expenses
8.7.	utilities
8.8.	communication services
8.9.	payment of consulting, auditor, marketing services
8.10.	services of bank
8.11.	other expenses
9	expenses on payment of remunerations
	In total costs
	In total income

 

Note:

* - it is filled with the power transferring organizations.

 

Locus sigilli (in the presence)

 

Head         of ___________________________________________   _____________

                                       Surname, name, middle name (in case of its availability)               the signature

 

Chief accountant of ___________________________________________   _____________

                                       Surname, name, middle name (in case of its availability)                the signature

 

Contractor          of ___________________________________________    _____________

                                        Surname, name, middle name (in case of its availability)               the signature

 

The explanation on filling of the form intended for collection of administrative data

The report on final income distribution and costs on types of service

Chapter 1. General instructions

This explanation is intended for preparation by subjects of natural monopoly, being REK and EPO, the report on final income distribution and costs on types of service.

Main objective is determination of the principles of maintaining, procedure for the organization and implementation of REK and EPO of separate accounting of the income and costs by types of the rendered services for establishment of economically reasonable level of rate.

All indicators in value term are filled in thousands of tenges without decimal sign.

The report is on paper signed by the head, the chief accountant and the contractor of REKA and EPO and certified by seal. The report is submitted in authorized body on paper and the electronic medium corresponding to it.

Chapter 2. Explanations on filling of form

When filling the Subject form specifies in the left upper corner the name of the company, and in the right upper corner the corresponding appendix of regulatory legal act of authorized body.

Data are filled in with the Subject the previous calendar year.

According to column 1 information on the name of costs on types of the rendered services of the Subject is specified.

According to column 2 information on the amount for the accounting period on financial accounting, everything is specified, to tenge.

The total sum of expenses minus expenses of the period corresponds to the data reflected on the line "Cost of the Realized Goods (Works, Services)" of the report on results of financial and economic activities constituted РЭКом and EPO according to appendix 1 to the order of the Chairman of Committee according to the statistics of the Ministry of national economy of the Republic of Kazakhstan of November 10, 2017 No. 165 (it is registered in the Register of state registration of regulatory legal acts for No. 16038) for the corresponding period.

The total sum of expenses of the period corresponds to the data reflected on the line "Period Expenses" of the report on results of financial and economic activities constituted РЭКом and EPO according to appendix 1 to the order of the Chairman of Committee according to the statistics of the Ministry of national economy of the Republic of Kazakhstan of November 10, 2017 No. 165 (it is registered in the Register of state registration of regulatory legal acts for No. 16038) for the corresponding period.

According to column 3 data on the cost amount unaccounted in rate according to special procedure are specified.

According to column 4 information on cost amount on special procedure is specified.

In columns 5-11 data on cost amount on special procedure by regulated (transfer of electrical energy) and other services (services which are technologically connected with regulated services and other activities approved with authorized body) are specified, including:

according to column 5 information on the amount on special procedure on transfer of electrical energy is specified;

according to column 6 information on distribution coefficient on electric utility service is specified, it is filled in with the power transferring organizations;

according to column 7 data on actual amount on electric utility service are specified, are filled in with the power transferring organizations (column 6 * the column 5);

according to column 8 information on distribution coefficient on the corresponding other service is specified;

according to column 9 data on actual amount on the corresponding other service are specified (column 8 * the column 5);

according to column 10 information on distribution coefficient on the corresponding other service is specified;

according to column 11 data on actual amount on the corresponding other service are specified (column 10 * the column 5).

In each Article more detailed detalizirovaniye of costs is allowed.

The total sum of the income corresponds to the data reflected in the line "Income from Sales of Goods, Works and Services" of the report on results of financial and economic activities constituted РЭКом and EPO according to appendix 1 to the order of the Chairman of Committee according to the statistics of the Ministry of national economy of the Republic of Kazakhstan of November 10, 2017 No. 165 (it is registered in the Register of state registration of regulatory legal acts for No. 16038) for the corresponding period.

 

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