THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES

of June 12, 2006 No. 149-OD

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

According to the subitem 5) of Item 1 of article 14-1 of the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" I ORDER:

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

2. To department on regulation and control in the field of pipeline and water sewer systems of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Askarova A. G.) 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 and analysis 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 official publication in 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, local executive bodies of areas (the city of republican value, the capital).

4. Recognize invalid orders of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition:

1) of February 3, 2003 30-OD "About approval of the Instruction for approval and introduction of rates (the prices, rates of charge) for the medium-term period on services (goods, works) of subjects of natural monopoly" (registered in the Register of state registration of regulatory legal acts for No. 2173, No. published in "Official newspaper" on April 5, 2003 14);

2) of April 15, 2004 No. 190-OD "About introduction of amendments to the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against February 3, 2003 No. 30-OD "About approval of the Instruction for approval and introduction of rates (the prices, rates of charge) for the medium-term period on services (goods, works) of subjects of natural monopoly", (registered in the Register of state registration of regulatory legal acts for No. 2832, No. published in "Official newspaper" on June 5, 2004 23).

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 Aldabergenov N. Sh.

6. This order becomes effective from the date of its official publication.

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of June 12, 2006 No. 149-OD

Rules of approval of limit 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 limit of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" and other regulatory legal acts.

2. These rules determine approval procedure and introductions of limit of rates (the prices, rates of charges) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies, and also the principles of forming of limit of rates (the prices, rates of charges).

3. These rules are applied to the subjects of natural monopolies having investing program and (or) the investment project approved in accordance with the established procedure.

3-1. The project of limit of rate (the prices, rates of charges) and tariff estimates on regulated services (goods, works) is created by subjects of natural monopolies taking into account parameters (indicators) of the subjects of natural monopolies approved investing program (projects).

4. For the purposes of these rules the following basic concepts are used:

1) the basic tariff estimate - the tariff estimate approved in accordance with the established procedure for year of introduction of limit of rates (the prices, rates of charges);

2) the predicted tariff estimate - the tariff estimate accepted and approved by authorized body for every year of the medium-term or long-term period;

3) competent authority - the industry ministry and (or) department, for subjects of the natural monopolies rendering regulated services of water management system in the territory of one area and (or) sewer system - local executive bodies, and for subjects of the natural monopolies rendering regulated services of water management system in the territory of two or more areas - Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan;

4) the medium-term period - time frame more than one year up to five years inclusive;

5) limit of rate (the price, rate of charge) - the maximum size of rate (the price, rate of charge) on regulated service (goods, work) of the subject of natural monopoly approved for the medium-term or long-term period;

6) the tariff income - the income of the Subject from rendering regulated services (goods, works) on the limit of rates (the prices, rates of charges) approved by authorized body;

7) authorized body - the state body performing management in spheres of natural monopolies and in the controlled markets;

8) the long-term period - time frame more than five years;

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

2.

 It is excluded

3. Procedure for representation and adoption of the request for approval of limit of rates (the prices, rates of charges) on regulated services (goods, works) of Subjects

7. The subject of natural monopoly (further - the Subject) submits to authorized body the request for approval of limit of rates (the prices, rates of charges) in hundred eighty calendar days prior to its introduction in action.

8. Are applied to the request for approval of limit of rates (the prices, rates of charges):

1) the explanatory note about need of approval of limit of rates (the prices, rates of charges);

2) the investing program and (or) the investment project approved in accordance with the established procedure;

3) the project of limit of rates (the prices, rates of charges) with the price list taking into account industry features;

4) the balance sheet in two prior calendar years;

5) the income and expenditure statement in two prior calendar years;

6) the report on movement of money in two prior calendar years;

7) data on investments in two prior calendar years, for legal entities with payroll number of the working over 50 people (form 1-investment);

8) the report on work in two prior calendar years (form No. 1-t annual);

9) data on the sizes of the salary of workers on separate positions and professions in two prior calendar years (form No. 2-t (prof.);

10) the main indicators of production financial activities (form No. 1-PF) in two prior calendar years;

11) the report on availability and movement of fixed assets and intangible assets (No. form 11) in two prior calendar years;

12) the tariff estimate according to Appendix 1 to these rules;

13) disaggregation of receivables and payables in two prior calendar years;

14) disaggregation of other and other expenses in two prior calendar years;

15) the documents confirming availability approved in accordance with the established procedure:

normative number of personnel;

technical and technological consumption rates;

normative technical losses;

In case of their absence - information about the requests for approval of normative number of personnel, technical and technological consumption rates, normative technical losses which are taken cognizance by authorized body;

15-1) cost budget approved and approved in accordance with the established procedure, directed by the Subject to the current and capital repairs and other rescue and recovery operations which are not leading to growth of cost of fixed assets;

16) decisions of the tender (tender) committees on purchase of material, financial resources, the equipment and services for prior calendar year;

17) calculation of rate arrived to regulated base of the involved assets;

18) it is excluded

19) information on charge of the depreciation charges on the fixed assets used before realization of investing program and (or) the investment project, and put into operation in case of realization of investing program and (or) the investment project during the medium-term or long-term period with breakdown by years;

20) it is excluded

21) it is excluded

22) financing terms and compensations of loan resources (percent for the credits, the financing period, commission payments, repayment periods and others);

23) it is excluded

24) the decision of body for management of state-owned property or the state company on establishment of the salary fund and official pay rates of heads, their deputies, the chief (seniors) accountants, and also systems of their awarding and other remuneration (for the state companies or the companies with the prevailing share of the state).

9. The calculations and the proving materials attached to the request are represented with observance of the following procedures:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info