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

of March 17, 2023 No. 35

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 Minister 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 amendments:

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

state Item 14 in the following edition:

"14. For approval of rate by department of authorized body by the subject the request electronically through the Monopolist Base. web portal is provided;

add Item 15 with subitem 4-1) of the following content:

"4-1) card of repairs of subjects with target indicators within investing programs according to appendix 142 to these rules;";

state Item 33 in the following edition:

"33. For change of the approved tariff estimate without increase in rate the subject files in department of authorized body petition for change of the approved tariff estimate without increase in rate in paper or electronic form through the Monopolist Base till November 1 of the Current Calendar Year. web portal;

exclude Item 39;

the paragraph one of Item 42 to state in the following edition:

"42. During action of rate the subject annually no later than May 1 of the year following the accounting period provides the performance report of the approved tariff estimate in department of authorized body electronically through the Monopolist Base in Forms according to Appendix 1 to These Rules. web portal;

the paragraph one of Item 301 to state in the following edition:

"301. The subject specified in subitems 1) and 2) of Item 299 of these rules in time no later than ten calendar days from the date of receipt of the notification of department of authorized body on inclusion it in the State register of subjects submits the request within department of authorized body electronically through the Monopolist Base. web portal;

to state paragraph two of Item 303 in the following edition:

"The subject of low power in case of change of rate for the size exceeding the level of indexation of rate, determined by department of authorized body submits the request to department of authorized body electronically through the Monopolist Base. web portal;

the paragraph one of Item 322 to state in the following edition:

"322. The subject files in department of authorized body petition for change of the tariff estimate approved by department of authorized body without increase in rate till November 1 of the current calendar year in paper or electronic form through the Monopolist Base. web portal;

state Item 328 in the following edition:

"328. The subject annually no later than May 1 of the year following the accounting period provides electronically through the web portal "Monopolist Base in department of authorized body the performance report of the approved tariff estimate for prior calendar year with appendix of the proving materials according to Item 329 of these rules and in form 11, according to appendix 1 to these rules.

The calculations and the proving materials attached to the performance report of the approved tariff estimate are prepared by the subject separately on each type of regulated services.";

state Item 338 in the following edition:

"338. Realization of the approved investing program and return of the borrowed funds raised for its realization, and also return of the funds raised for implementation of state programs and (or) national projects, and also the documents of system of state planning approved by the state body performing management in the respective spheres of natural monopolies (further – Documents of system of state planning), are performed:

by profit and the depreciation charges considered in rate;

at the expense of other sources which are not prohibited by the legislation of the Republic of Kazakhstan.";

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

"3) if realization of new investing program or change of the approved investing program (except for implementation of state programs and (or) national projects, and also Documents of system of state planning) requires increase in rate for remaining period of realization of the approved investing program.";

state Item 347 in the following edition:

"347. By consideration of the project of investing program regarding its justification actions are excluded:

1) non-compliant to the requirements, stipulated in Item 335 these rules;

2) unsecured financing source;

3) unconfirmed the proving documents.

The exception according to part one of this Item of all actions of investing program is the basis for refusal in approval of investing program.

The refusal in approval of investing program by department of authorized body, the state body performing management in the corresponding industries or local executive body, is the basis for refusal in approval of rate.

The refusal in approval of investing program is accepted by the joint decision of authorized body and state body or local executive body.";

to state paragraph two of Item 361 in the following edition:

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