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

of December 8, 2023 No. 182

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 10 in the following edition:

"10. Forming of rate using the stimulating method of tariff regulation provides:

1) restriction of types and the sizes of the costs considered in rate taking into account their economic justification;

2) application of technical and technological expense rates of raw materials, materials, fuel, energy in case of their availability, normative technical losses, the normative number of personnel determined on the basis of the standard regulations and standard rates existing in the corresponding industry (sphere);

3) determination of controlled and uncontrollable costs;

4) approval of the temporary compensating rate for non-execution of actions of the approved investing program and uncontrollable costs;

5) determination of profit taking into account return of the invested capital and rates of return invested to the capitals, also book value of the assets of the subject involved by provision of regulated service, and rate of the profit calculated according to these rules;

6) measure definition of quality and reliability of regulated services;

7) measure definition of efficiency of activities of subjects;

8) application of rectilinear accrual method of depreciation;

9) approval of investing program;

10) features of determination of rate by the stimulating method of tariff regulation for the subjects rendering regulated services in the field of transfer of electrical energy, water supply and (or) water disposal, production, transfer, distribution and (or) supply of heat energy.

Forming and approval of the rates using the stimulating method of tariff regulation of subjects rendering regulated services of transfer of electrical energy, water supply and (or) water disposal, production, transfer, distribution and (or) supply of heat energy is performed according to Chapter 18 of these rules.";

in Chapter 2:

state Item 48 in the following edition:

"48. This Mechanism of calculation of rate taking into account methods of tariff regulation of spheres of natural monopolies determines:

calculation of rate taking into account costly method of tariff regulation of spheres of natural monopolies;

calculation of rate taking into account the stimulating method of tariff regulation of spheres of natural monopolies;

calculation of rate taking into account the stimulating method of tariff regulation for regulated services in the field of on transfer of electrical energy, water supply and (or) water disposal and production, transfer, distribution and (or) supply with heat energy;

calculation of rate taking into account application of method of indexation;

calculation of rate taking into account application of method determination of rate based on the signed agreement of public-private partnership, including the agreement of concession.";

add with paragraph 3-1 of the following content:

"Paragraph 3-1. Calculation of rate taking into account the stimulating method of tariff regulation for regulated services in the field of on transfer of electrical energy, water supply and (or) water disposal and production, transfer, distribution and (or) supply with heat energy

Section 1. Features of calculation of rate taking into account the stimulating method of tariff regulation for regulated services in the field of on transfer of electrical energy, water supply and (or) water disposal and production, transfer, distribution and (or) supply with heat energy

Subsection 1. General provisions

208-1. This stimulating method extend to the subjects rendering regulated services in the field of on transfer of electrical energy, water supply and (or) water disposal, and also on production, transfer, distribution and (or) supply with heat energy, except for to the heat energy developed with use of heat of soil, ground waters, the rivers, reservoirs, exhaust water of industrial enterprises and power plants, sewer treatment facilities.

208-2. Rates affirm for the subject for the regulatory period lasting five and more years. Rates are calculated for compensation of the admissible income for provision of regulated services.

208-3. Within every year of the regulatory period annual adjustment is applied. Annual adjustment determines distinctions between the approved and actual indicators, according to Item 208-151 of these rules, used in case of approval of rate. The approved rate for the next regulatory year changes according to procedure annual adjustment according to Section 8 of this paragraph.

208-4. The regulatory period is understood as the period established by department of authorized body on which the admissible income of the subject is established.

208-5. Regulatory year is understood as 12 months from the date of enforcement of the approved rate.

208-6. The temporary compensating rate for non-execution of actions of the approved investing program and uncontrollable costs is applied according to the legislation of the Republic of Kazakhstan.

Subsection 2. Considerations of the request for approval of rate

208-7. The regulatory period comes annually since July 1 every year.

208-8. The subject not later than hundred working days prior to the beginning of the regulatory period, submits to department of authorized body the request for approval of rates in forms according to appendix 143 to these rules. The request is submitted electronically through the web portal "Monopolist Base and includes all components of the offered admissible income, the offered rates, according to these rules.

208-9. The request is considered by department of authorized body within ninety working days from the date of its representation.

208-10. Are applied to the request:

1) the project of rate (or the price list taking into account industry features);

2) certificate reasons of need of approval of rate;

3) the project of investing program or the approved investing program;

4) the financial reporting in two prior calendar years;

5) reports:

about financial and economic activities, about investing activities;

about condition of fixed assets, the sizes of the salary of workers on separate positions and professions and on work in two prior calendar years in the forms approved by department of authorized body in the field of the state statistics;

6) calculation of profit;

7) the calculations of number of personnel, requirement of raw materials, materials, fuel, energy and technical losses made on the basis of the standard regulations and standard rates existing in the corresponding industry (sphere);

8) supporting documents about financing terms and compensations of loan resources;

9) data on design capacity of the subject and its actual use;

10) the documents confirming the planned amount of regulated services (the register of agreements with indication of the actual amounts of consumption of regulated services, the documents confirming decrease in amounts of consumption of regulated services, calculations of amounts of consumption of regulated services proceeding from obligation of high-quality general servicing and opportunities of the subject, inadmissibility of decrease in amounts for the purpose of maintenance or growth of price level, materials of marketing researches of the consumer demand);

11) projects of indicators of quality and reliability of regulated services and performance indicators of activities of the subject, according to form 9 of appendix of 143 these rules, with appendix of the proving materials.

208-11. Department of authorized body no later than seven working days from the date of receipt of the request checks completeness of the enclosed calculations and the proving materials and in writing 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 208-13 of these rules.

208-12. The calculations and the proving materials attached according to Item 208-10 of these rules to the request are prepared by the subject separately on each type of regulated services.

208-13. The refusal bases in adoption of the request are:

1) non-presentation by the subject of documents, stipulated in Item 208-10 these rules;

2) discrepancy of the submitted documents to Item 208-12 of these rules;

3) reference to trade secret of data, not stipulated in Item the 7th article 25 of the Law.

208-14. If by consideration of the request the additional information is necessary, department of authorized body requests it from the subject in writing with establishment of term, but at least five working days.

At the same time, in case of not submission of the additional information in terms, established by department of authorized body is the basis for adoption of the decision by department of authorized body within the provided data the subject.

208-15. Department of authorized body takes out the projects of rate for discussion offered by the subject when carrying out public hearings.

The procedure public hearing are carried out by department of authorized body in case of approval of rate according to Rules of implementation of activities.

208-16. Department of authorized body considers the project of rate 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.

At the same time, department of authorized body adjusts the corresponding costs according to the list of the costs considered in rate, Rules of restriction of the sizes of the costs considered in rate according to these rules.

208-17. Department of authorized body based on the conclusion about results of consideration of the project of rate of the subject, makes the decision on approval of rate with indication of the term of its action or refusal in its approval.

208-18. The decision of department of authorized body on approval of rate or refusal in approval of rate is drawn up by the order of the head of department of authorized body and goes department of authorized body to the subject no later than five calendar days from the date of decision making about its approval.

208-19. The subject informs consumers information on approval of rate not later than thirty calendar days before its enforcement and within five calendar days provides information on the consumer notification fact on introduction of rate in department of authorized body.

208-20. Department of authorized body places the approved rates on the Internet resource no later than five working days after decision making about their approval.

208-21. The approved rates become effective in time, specified in Item 208-7 of these rules.

Subsection 3. Requirements to development of investing program and its change taking into account the stimulating method of tariff regulation

208-22. The project of investing program does not join actions which at the time of filing of application on approval of investing program are performed.

208-23. The investing program of the subject is developed taking into account priorities of development of the Republic of Kazakhstan and socio-economic indexes of the Republic of Kazakhstan, and provides the actions directed on:

1) expansion, upgrade, reconstruction, updating of the operating assets, creation of the new assets which are directly used in production cycle of provision of regulated services;

2) ensuring energy saving and increase in energy efficiency;

3) improvement of quality of the provided regulated services.

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