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

of December 27, 2021 No. 108

About modification and amendments in the order of the Minister of national economy of the Republic of Kazakhstan of November 19, 2019 No. 90 "About approval of Rules of forming of rates"

I ORDER:

1. Bring in the order of the Ministry of national economy of the Republic of Kazakhstan of November 19, 2019 No. 90 "About approval of Rules of forming of rates" (it is registered in the Register of state registration of regulatory legal acts for No. 19617) the following changes and amendment:

to state preamble of the order in the following edition:

"According to the subitem 5) of article 8 of the Law of the Republic of Kazakhstan "About natural monopolies" and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" I ORDER:";

in Rules of forming of the rates approved by the specified order:

the paragraph one of Item 1 to state in the following edition:

"1. These rules of forming of rates (further – Rules) are developed according to the subitem 5) of article 8 of the Law of the Republic of Kazakhstan "About natural monopolies" (further – the Law) and determine:";

the second Item 15 to state part in the following edition:

"In case, stipulated in Item the 5th article 20 of the Law, in case of approval of rate using costly method for the subjects specified in Item 1 of article 20 of the Law the documents provided by subitems 6) and 7) of part one of this Item, in one prior calendar year and documents provided by the subitem 4) of part one of this Item are attached in case of their availability.";

the paragraph one of Item 16 to state in the following edition:

"16. In case of change of amounts of the provided services in connection with reduction of quantity of the rates for regulated services differentiated on customer groups to the request for approval in the field of water supply and (or) water disposals, are applied:";

state Item 23 in the following edition:

"23. Department of authorized body considers the request no more than ninety working days from the date of its representation, in case of approval of rate for the long-term period and no more than thirty calendar days, in case of approval of rate according to Item 5 of article 20 of the Law in time.";

add with Item 23-1 of the following content:

"23-1. Department of authorized body considers the request submitted according to Items 16 and 17 of these rules, in time no more than twenty working days.

In case of provision of the request for approval of the differential tariffs along with the request for approval of rate submitted according to Item 15 of these rules the request for approval of the differential tariffs is considered in time, specified in Item 23 of these rules.";

state Items 25 and 26 in the following edition:

"25. Department of authorized body considers the project of rate and the tariff estimate with the enclosed proving documents and calculations provided by the subject by carrying out the analysis and in one day prior to decision making creates the conclusion about results of consideration of the project of rate and the tariff estimate of the subject in form 24 according to appendix 1 to these rules.

26. Department of authorized body based on the conclusion about results of consideration of the project of rate and the tariff estimate of the subject, makes the decision on approval of rate with indication of the term of its action or refusal in its approval.

The conclusion about results of consideration of the project of rate and the tariff estimate of the subject is created by department of authorized body in one day prior to decision making about approval of rate.";

state Item 33 in the following edition:

"33. For change of the approved tariff estimate without increase in rate the subject addresses till November 1 of the current calendar year to department of authorized body with the statement for change of the approved tariff estimate without increase in rate.";

state Items 36 and 37 in the following edition:

"36. Department of authorized body considers the draft of the tariff estimate with the enclosed proving documents and calculations provided by the subject by carrying out the analysis and in one day prior to decision making creates the conclusion about results of consideration of the draft of the tariff estimate of the subject in form 24 according to appendix 1 to these rules.

37. Department of authorized body based on the conclusion about results of consideration of the draft of the tariff estimate of the subject makes the decision on modification of the approved tariff estimate or on refusal in modification of the approved tariff estimate.

The conclusion about results of consideration of the project of rate and the tariff estimate of the subject is created by department of authorized body in one day prior to decision making about approval of rate.";

to state heading of Section 6 in the following edition:

"Section 6. Features of calculation of rates for the regulated transportation services of commodity gas for trunk gas pipelines provided including within the Law of the Republic of Kazakhstan "About ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of People's Republic of China about cooperation in construction and operation of the gas pipeline Kazakhstan - China";

state Item 78 in the following edition:

"78. The rate for the regulated transportation service of commodity gas on trunk gas pipelines provided by the subject is established for each 1000 cubic meters of gas regardless of the extent of gas pipelines on the territory of the Republic of Kazakhstan within technical capabilities, except for the regulated transportation service of commodity gas on trunk gas pipelines provided within the Law of the Republic of Kazakhstan "About ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of People's Republic of China about cooperation in construction and operation of the gas pipeline Kazakhstan - China" (further – the Agreement) on which the rate is established for 1000 cubic meters of gas on 100 kilometers on the territory of the Republic of Kazakhstan within technical capabilities.";

to state part one of Item 233 in the following edition:

"233. In case of total compensation of the losses caused to consumers by the subject before the end of the period of action of the temporary compensating rate, the subject files in department of authorized body petition for cancellation of the temporary compensating rate before the end of the period of action of the temporary compensating rate with application of documents, confirming the indemnification fact to consumers (the sheet of charge on subscribers, receipts, accounts notices, invoices, including from banks of the second level and the organizations, the performing separate types of banking activities, Internet resources or terminals, payment agents and (or) payment institutes on subscribers).";

state Item 281 in the following edition:

"281. In case of temporary violation of accounting of heat energy on all-house metering devices, the amount of consumption of heat energy on heating for calculation of payment for the period of temporary violation of accounting is determined according to consumption regulation by heat supply for the consumers who do not have metering devices, article 27 of the Law of the Republic of Kazakhstan approved according to the subitem 34) of Item 1 "About local public administration and self-government in the Republic of Kazakhstan" (further – the Law on local public administration and self-government), and the subitem 3) of article 10 of the Law, but no more than within one month for which accounting will be recovered.";

state Item 305 in the following edition:

"305. Department of authorized body no later than five working days from the date of receipt of the request of the subject checks completeness of the enclosed calculations and the proving materials provided by the subject specified in the subitem 1), 2) and 3) of Item 299 of these rules for compliance to Item 302 of these rules, the subject of low power – for compliance to Item 303 of these rules, and in writing on paper informs the subject on adoption of the request to consideration or on refusal in its acceptance with indication of causes of failure according to Item 306 of these rules.";

state Item 310 in the following edition:

"310. Department of authorized body or its territorial authority in time not later than ten calendar days to approval of rate in the simplified procedure carries out public hearings.

Information on date and the venue of public hearings is published by department of authorized body or its territorial authority not later than five calendar days about day of carrying out public hearings on discussion of the project of rate in the simplified procedure, in the periodic printing editions distributed to the territories of the corresponding administrative and territorial unit.";

state Item 312 in the following edition:

"312. Department of authorized body based on the conclusion about results of consideration of the project of rate and the tariff estimate of the subject makes the decision on approval of rate in the simplified procedure with indication of the term of its action or refusal in its approval.

The conclusion about results of consideration of the project of rate and the tariff estimate of the subject is created by department of authorized body in one day prior to decision making about approval of rate in the simplified procedure or refusal in its approval.";

state Item 316 in the following edition:

"316. After effective period of the rate approved in the simplified procedure for the subjects specified in Item 1 of article 20 of the Law, the rate affirms for one calendar year using costly method of tariff regulation.

In case of overestimate of the rate approved in the simplified procedure for the subjects specified in subitems 1), 2), 3) and 3-1) Items 1 of article 20 of the Law, department of authorized body along with introduction of new rates makes the decision on compensation to consumers of unreasonably gained income by subjects.";

exclude Item 317;

state Item 326 in the following edition:

"326. Department of authorized body based on the conclusion about results of consideration of the draft of the tariff estimate of the subject makes the decision on modification of the approved tariff estimate or on refusal in modification of the approved tariff estimate.

The conclusion about results of consideration of the draft of the tariff estimate of the subject is created by department of authorized body in one day prior to decision making about modification of the approved tariff estimate or about refusal in modification of the approved tariff estimate.";

the second the subitem 8) of Item 341 to state part in the following edition:

"Requirements of this subitem extend to the subjects who are according to the Law of the Republic of Kazakhstan "About energy saving and increase in energy efficiency" (further – the Law on energy saving) subjects of the State energy register.";

1) of Item 345 to state the subitem in the following edition:

"1) in case of filing of application on approval of investing program representation by the subject of incomplete document package, the these rules specified in Item 341;

in case of filing of application on change of the approved investing program representation by the subject of incomplete document package, the these rules specified in Item 363;";

state Item 349 in the following edition:

"349. Department of authorized body considers the project of investing program with the enclosed proving documents and calculations provided by the subject by carrying out the analysis of its efficiency with observance of the following procedures:

1) calculation of scales for each target performance indicator of investing program according to Item 350 of these rules;

2) consideration of priority of actions of the investing program determined by the subject according to Item 350 of these rules.";

the fourth Item 363 to exclude part;

state Item 365 in the following edition:

"365. Department of authorized body and the state body performing management in the corresponding industries and (or) local executive body consider the application for change of the approved investing program of the subject, including repeatedly modifed statement of the subject for the change of investing program according to the procedure provided by Items 343, of 344, of 345, of 346, of 347, of 348, of 349, of 350, of 351, of 352, of 353, of 354, of 356, of 357, of 358, of 359 and 360 these rules.

The decision on change of investing program of the subject is drawn up by the joint order of department of the authorized body and state body performing management in the corresponding industries and (or) local executive body in time no later than March 1 of the year following after year of implementation of actions of investing program.";

to state the paragraph of the sixth of Item 634 in the following edition:

"on content and repair of the fixed assets which are not on balance of the subject, except for content and repair of fixed assets, received in use for provision of regulated services based on the trust management agreement of state-owned property from local executive bodies according to Articles 17, 18 and 18-1 Laws of the Republic of Kazakhstan "About state-owned property" and also content and repair of trunk gas pipeline along route Karaozek (Kyzylorda area) – Zhezkazgan – Karaganda – Temirtau – Astana. At the same time, charges and repair of the gas distribution networks received according to the trust management agreement from local executive bodies join in rate step by step for every year of the period of its action. Stages of inclusion of charges and repair are determined by department of authorized body. Charges (operation) and repair of the networks of transfer of electrical energy received in trust management from local executive bodies cannot exceed the rate of inflation provided by the Forecast of social and economic development of the Republic of Kazakhstan from cost amount of the tariff estimate;";

appendix 1 to the specified Rules to state in edition according to appendix 1 to this order;

appendix 29 to the specified Rules to state in edition according to appendix 2 to this order;

appendix 34 to the specified Rules to state in edition according to appendix 3 to this order;

appendices 37 and 38 to the specified Rules to state in edition according to appendices 4 and 5 to this order;

appendix 41 to the specified Rules to state in edition according to appendix 6 to this order;

appendix 45 to the specified Rules to state in edition according to appendix 7 to this order;

appendices 54, 55, 56, 57, 58, 59, 60, 61, 62, 63 and 64 to the specified Rules to state in edition according to appendices 8, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, 17 and 18 to this order;

appendices 73, 74, 75, 76, 77, 78, 79, 80, 81, 82 and 83 to the specified Rules to state in edition according to appendices 19, of 20, of 21, of 22, of 23, of 24, of 25, of 26, of 27, 28 and 29 to this order;

appendix 102 to the specified Rules to state in edition according to appendix 30 to this order;

appendix 106 to the specified Rules to state in edition according to appendix 31 to this order;

appendices 116, 117 and 118 to the specified Rules to state in edition according to appendices 32, 33 and 34 to this order;

appendices 120, 121 and 122 to the specified Rules to exclude.

2. To provide to committee on regulation of natural monopolies 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) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

3) 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) and 2) 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 Ministry of the industry and infrastructure development of the Republic of Kazakhstan

It is approved Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan

It is approved Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

It is approved Department of Energy of the Republic of Kazakhstan

 

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of December 27, 2021 No. 108

See Appendix 1 (0.27Mb In original language)

 

Appendix 2

to the Order of the Minister of national economy of the Republic of Kazakhstan of December 27, 2021 No. 108

Appendix 29

to Rules of forming of rates

form

It is represented: in the department of state body performing management in the respective spheres of natural monopolies or in its territorial authority

The form intended for collection of administrative data

The form of administrative data is placed on the Internet resource: www.economy.gov.kz

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

Accounting period 20 ___ year

Index of form of administrative data: RU-Voda – 3

Frequency: annual

The group of people, providing information: subjects of natural monopolies,

the providing services of water supply and (or) water disposal

Term of representation of form of administrative data: – till May 1 of the current year

________________________________________________

Name of the company

The name of the income and costs by types of the provided services	The amount for the accounting period on financial accounting, everything, tenge	Including:		The amount according to the List of the costs considered and not considered in rate, to Rules of restriction of the sizes of the costs considered in rate for services
		The cost amount unaccounted in rate according to the List of the costs considered and not considered in rate, to Rules of restriction of the sizes of the costs considered in rate	The amount according to the List of the costs considered and not considered in rate to Rules of restriction of the sizes of the costs considered in rate, tenge	Regulated services
				Service
				Distribution coefficient	The amount according to the approved tariff estimate	Actual amount (column 4 * column 5)	Variation (column 7 – the column 6)
1	2	3	4	5	6	7	8

continuation of the table

The amount according to the List of the costs considered and not considered in rate, to Rules of restriction of the sizes of the costs considered in rate for services
Regulated services				Non-regulated services
Service				Service		Service
Distribution coefficient	The amount according to the approved tariff estimate	Actual amount (column 4 * column 9)	Variation (column 11 – the column 10)	Distribution coefficient	Actual amount (column 4 * column 13)	Distribution coefficient	Actual amount (column 4 * column 15)
9	10	11	12	13	14	15	16

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

"____" _____________________ year

Appendix

to the form intended for collection of administrative data

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 (index - RU-Voda – 3, frequency: annual)

Chapter 1. General provisions

1. This explanation on filling of the form intended for collection of administrative data is intended for creation and representation by the subjects of natural monopolies providing services of water supply and (or) water disposal (further – the subject), the report on final income distribution and costs on types of service. Subjects perform separate accounting of the income, costs and the involved assets on each type of service.

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

3. The report is signed by the head, the chief accountant and the subject's contractor. The report is submitted in department of authorized body on electronic and paper.

Chapter 2. The explanation on filling of form

4. When filling form in the left upper corner the subject specifies the name of the company and its address, and in the right upper corner – the corresponding appendix of regulatory legal act of authorized body.

5. Data are filled in with the subject the previous calendar year.

6. According to column 1 information on the name of the income and costs on types of the provided services of the subject is provided.

7. According to column 2 data on total sum of the income and costs for the corresponding period on financial accounting, are provided in tenge (column 3 + the column 4).

8. The total sum of the income in appendix 3 to Rules corresponds to the data reflected on the line "Income from Sales of Goods, Works and Services" of the report on results of financial and economic activities constituted by the subject according to the legislation on financial accounting and the financial reporting for the corresponding period.

9. The total sum of expenses in appendix 3 to Rules 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 by the subject according to the legislation on financial accounting and the financial reporting for the corresponding period.

10. The total sum of expenses of the period in appendix 3 to Rules corresponds to the data reflected on the line "Period Expenses" of the report on results of financial and economic activities constituted by the subject according to the legislation on financial accounting and the financial reporting for the corresponding period.

11. The book (residual) value of fixed assets and intangible assets corresponds to accounting data for the corresponding date.

12. According to column 3 data on the cost amount unaccounted are provided in rate according to the List of the costs considered and not considered in rate, Rules of restriction of the sizes of the costs considered in rate according to these rules (further – the List).

13. According to the column 4 the amount of the income and costs according to the List.

14. 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, of 13, of 14, 15 and 16 data on cost amount according to the List, by regulated (water supply and (or) water disposal) and non-regulated services are provided in columns.

15. According to column 5 are brought information on distribution coefficient to the corresponding regulated service of the subject.

16. According to column 6 data on the amount of the income and costs on the approved tariff estimate to the corresponding regulated service of the subject are provided.

17. According to column 7 data on actual costs and the income to the corresponding regulated service of the subject are provided (column 4 – the column 5).

18. According to column 8 data on variation from actual costs and the income are provided to the amount of the income and costs according to the approved tariff estimate to the corresponding regulated service of the subject (column 7 – the column 6).

19. According to column 9 information on distribution coefficient to the corresponding regulated service of the subject is provided.

20. According to column 10 data on the amount of the income and costs on the approved tariff estimate to the corresponding regulated service of the subject are provided.

21. According to column 11 data on actual costs and the income to the corresponding regulated service of the subject are provided (column 4 – the column 9).

22. According to column 12 data on variation from actual costs and the income are provided to the amount of the income and costs according to the approved tariff estimate to the corresponding regulated service of the subject (column 11 – the column 10).

23. According to column 13 information on distribution coefficient to non-regulated service is provided.

24. According to column 14 data on actual costs and the income to the corresponding non-regulated service of the subject are provided (column 4 – the column 13).

25. According to column 15 information on distribution coefficient to non-regulated service is provided.

26. According to column 16 data on actual costs and the income to the corresponding non-regulated service of the subject are provided (column 4 – the column 15).

 

Appendix 3

to the Order of the Minister of national economy of the Republic of Kazakhstan of December 27, 2021 No. 108

 Appendix 34

to Rules of forming of rates

form

It is represented: in the department of state body performing management in the respective spheres of natural monopolies or in its territorial authority

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