THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of September 30, 2024 No. 80

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:

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

"9) rules of recalculation of cost of regulated service in realization of heat energy taking into account the actual temperature of outside air;";

Item 3:

41) to state the subitem in the following edition:

"41) regulated service in realization of heat energy – the service in sale to consumers of the made and (or) purchased heat energy rendered by subjects according to the signed agreements;";

51) to state the subitem in the following edition:

"51) indexation method – forming of rate by annual indexation of the approved rate by the subject of natural monopoly of low power;";

60) to state the subitem in the following edition:

"60) the subject of natural monopoly of low power – the subject providing regulated services:

on production, transfer, distribution and realization of heat energy from heating boiler rooms with general installed capacity to twenty Gcal/hour inclusive relating to centralized or local systems of heat supply;

water supply and (or) water disposal in amount to five hundred thousand cubic meters a year;

on water supply for irrigation in amount to thirty million cubic meters a year;

sidings in amount to fifty thousand the car/km, car/hour in year in the absence of competitive siding;

on transfer of electrical energy in amount to twenty five million kilowatt hour (further – kWh.) in year.

The subject on the provided regulated service, the income from which does not exceed five percent of the income from all regulated services of the subject in one calendar year, also concerns the subject of natural monopoly of low power. At the same time on the remained regulated services the subject does not concern the subject of low power.";

89) to state the subitem in the following edition:

"89) the unreasonable income – the additional income gained by the subject as a result of exceeding of rate, including illegal charge on accounting instrument readings, amounts, size and on regulations of the consumption of services approved by department of authorized body, and (or) inappropriate use of means of the depreciation charges provided by the tariff estimate, non-executions of cost items of the tariff estimate more than for five percent from the sizes approved by department of authorized body, non-execution or inappropriate use of the means provided by the tariff estimate on accomplishment of investing programs;";

116) to state the subitem in the following edition:

"116) strategic goods:

the coal, gas, fuel oil and diesel fuel used in fuel quality for production of heat energy by subjects;

electrical energy taking into account service in ensuring readiness of electric power for execution of loading for compensation of losses – for subjects in spheres of transfer of electrical energy, water supply and (or) water disposal, and also transfer and distribution of heat energy;

heat energy – for subjects in the field of realization of heat energy and for normative losses in the field of transfer and distribution of heat energy;

gas – for own needs and losses for subjects in spheres of storage, transportation of commodity gas on connecting, trunk gas pipelines and (or) gas-distribution systems, operation of group reservoir installations, and also transportations of sour gas through connecting gas pipelines;

water – for subjects in spheres of water supply, production of heat energy;";

Item 10:

10) to state the subitem in the following edition:

"10) features of determination of rate by the stimulating method of tariff regulation for the subjects rendering regulated services in spheres of transfer of electrical energy, water supply and (or) water disposal, production, transfer, distribution and (or) realization of heat energy, oil transportation and (or) oil products on bulk distribution lines, except for their transportations for the purpose of transit through the territory of the Republic of Kazakhstan and export out of limits of the Republic of Kazakhstan;

Forming and approval of rates using the stimulating method of tariff regulation of the subjects rendering regulated services in spheres of transfer of electrical energy, water supply and (or) water disposal, production, transfer, distribution and (or) realization of heat energy, oil transportation and (or) oil products on bulk distribution lines, except for their transportations for the purpose of transit through the territory of the Republic of Kazakhstan and export out of limits of the Republic of Kazakhstan is performed according to Paragraph 3-1 of Chapter 2 of these rules;";

add with the subitem 11) of the following content:

"11) implementation of innovations by provision of the regulated services directed to upgrade (modernization) and expansion of the operating productions, creation and development of modern infrastructure for the purpose of receipt of positive economic and technological effect.";

1) of Item 11 to state the subitem in the following edition:

"1) annual establishment by the subject of natural monopoly of low power of rate by indexation of the approved rate is not higher than the level, the authorized body determined by department in compliance the Mechanism of calculation of rate taking into account methods of tariff regulation of spheres of natural monopolies according to these rules;";

2) of Item 13 to state the subitem in the following edition:

"2) the settlement of a tariff by the subject performed by the subject of natural monopoly of low power when calculating rate by indexation method;";

state Item 17 in the following edition:

"17. In case of change of amounts of the provided services in connection with reduction of number of consumers without metering devices the subject submits the request for approval of the rates differentiated depending on availability or lack of metering devices for regulated services in realization of heat energy, including without change of the rate approved according to these rules with appendix of the following proving materials:

1) the explanatory note about need of approval of the differential tariffs depending on availability or lack of metering devices, including without change of the rate approved according to these rules;

2) calculation of the differential tariffs depending on availability or lack of metering devices;

3) information on the planned annual amount of consumption of heat energy by consumers, belonging to national group, including with breakdown on having and not having all-house metering devices of heat energy (except for consumers – physical persons, belonging to national group, living in shabby, emergency premises, houses of barrack-type type where there is no technical capability of installation of all-house metering devices of heat energy) with appendix of the proving materials (the agreements signed by the subject with consumers of services in realization of heat energy, protocols of intentions and calculations 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);

4) information on the planned annual amount of consumption of heat energy by other and budget consumers, including with breakdown on having and not having all-house metering devices of heat energy (except for the other consumers located in shabby, emergency rooms, houses of barrack-type type where there is no technical capability of installation of all-house metering devices of heat energy) with appendix of the proving materials (the agreements signed by the subject with consumers of services in realization of heat energy, protocols of intentions and calculations 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);

5) information on the planned annual amount of consumption of heat energy by the consumers (including with breakdown on physical persons, other and budget consumers) living or located in shabby, emergency premises, houses of barrack-type type where there is no technical capability of installation of all-house metering devices of heat energy;

6) the list of shabby, emergency rooms, houses of barrack-type type where there is no technical capability of installation of all-house metering devices of heat energy.";

add with Item 22-1 of the following content:

"22-1. The subject independently redistributes cost items in the approved tariff estimate for the purpose of implementation of urgent repair work for the prevention of emergency situations or accidents with the obligatory notification of authorized body.";

to state paragraph two of Item 31 in the following edition:

"The subject informs the consumer information on introduction of the rates differentiated depending on availability or lack of metering devices on regulated services in realization of heat energy including without change of the rate approved according to these rules not later than seven calendar days before their introduction in action by placement of this information in the mass media extended to the territories of administrative and territorial unit in which the subject performs the activities.";

the fourth Item 48 to state the paragraph in the following edition:

"calculation of rate taking into account the stimulating method of tariff regulation for regulated services in spheres in transfer of electrical energy, water supply and (or) water disposal, production, transfer, distribution and (or) realization of heat energy and oil transportation and (or) oil products on bulk distribution lines, except for their transportations for the purpose of transit through the territory of the Republic of Kazakhstan and export out of limits of the Republic of Kazakhstan;";

to state heading of Section 3 of Paragraph 2 of Chapter 2 in the following edition:

"Section 3. Features of calculation of rate for regulated services in realization of heat energy";

state Items 62 and 63 in the following edition:

"62. Calculation of rate for regulated services in realization of heat energy extends to the subjects, irrespective of patterns of ownership rendering service in realization of heat energy.

63. The rate for regulated services in realization of heat energy is determined by formula:

1) in case of approval of rate for regulated services in production, transfer, distribution and supply with heat energy in total, the rate is calculated by the following formula:

T = (Zpprs +rpprs) / Q, where:

_Zpprs – economically reasonable costs of the subject for provision of regulated services in production, transfer, distribution and supply with heat energy, tenge;

_Rpprs – the admissible profit level necessary for effective provision of regulated services in production, transfer, distribution and supply of heat energy, tenge;"

Q – the planned annual amount of consumption of heat energy by the consumers (having and not having all-house metering devices of heat energy), confirmed with the agreements signed by the subject with consumers of services in realization of heat energy, to protocols of intentions and calculations 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, Gigacalories (further – Gcal);

2) in case of approval of rate for regulated services in transfer, distribution and realization of heat energy in total, the rate is calculated by the following formula:

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