of November 24, 2015 No. 710
About approval of the Special procedure for regulation of activities of subjects of the natural monopolies attracting loans of the international financial institutions and entering the list of subjects of the natural monopolies attracting loans of international financial institutions
According to subitem 1-3) of Item 1 of article 13 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets", I ORDER:
2. To provide to committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.
3. To impose control of execution of this order on the first 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.
Acting minister of national economy of the Republic of Kazakhstan
M. Kusainov
|
It is approved Minister of Agriculture of the Republic of Kazakhstan November 25, 2015 |
______________ A. Mamytbekov |
|
It is approved The acting minister on investments and development of the Republic of Kazakhstan November 24, 2015 |
______________ Zh. Kasymbek |
|
It is approved Acting minister of power industry of the Republic of Kazakhstan November 26, 2015 |
______________ U. Karabalin |
Approved by the Order of the acting minister of national economy of the Republic of Kazakhstan of November 24, 2015, No. 710
1. This Special procedure for regulation of activities of subjects of the natural monopolies attracting loans of the international financial institutions and entering the list of subjects of the natural monopolies attracting loans of international financial institutions (further – the Special procedure), is developed according to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" (further – the Law).
2. The special procedure is applied to activities of subjects of the natural monopolies attracting loans of the international financial institutions and entering the list of subjects of the natural monopolies attracting loans of international financial institutions (further – the Subject), provided by subitem 1-4) of Item 1 of article 13 of the Law.
3. The activities of Subjects which are not settled by this Special procedure are regulated according to the legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets.
4. In the Special procedure the following concepts are used:
1) variable part of profit is the part of profit which is not exceeding 30% of the profit included in rate, created taking into account criteria of quality, reliability and efficiency of regulated services;
2) two-part rate - the rate consisting of rate for consumption and rate for content of system of rendering services;
3) competent authority - the state body performing management of the corresponding industry (sphere) of public administration, and also the local executive body performing approval of investing program (project) of the Subject rendering regulated services in the corresponding territory of administrative and territorial unit, included in the local Section of the State register of subjects of natural monopolies;
4) department of authorized body - department of the state body performing management in spheres of natural monopolies and in the controlled markets;
5) authorized body - the state body performing management in spheres of natural monopolies and in the controlled markets;
6) loans of international financial institutions - the loans issued by international financial institutions based on the loan agreement or in the form of bills of exchange, bonds, other securities and other monetary commitments of international financial institutions.
5. The limit of rate (the price, rate of charge) on regulated services (goods, works) of the Subject affirms for five and more years and annually changes towards reduction at the expense of variable part of profit in case of not achievement of criteria of quality, reliability and efficiency of regulated services.
6. The subject submits to department of authorized body the request in any form for approval of limit of rate (the price, rate of charge) for five-year term and more in forty five working days prior to its enforcement with appendix of the following documents:
1) the project of limit of rate (the price, rate of charge) with the price list taking into account industry features;
2) the draft of the tariff estimate of regulated services (goods, works), according to appendix 3 to Rules of approval of limit of rates (the price, rate of charge) and tariff estimates on regulated services (goods, works) of subjects of natural monopolies, the approved order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of July 17, 2013 No. 213-OD registered in the Register of state registration of regulatory legal acts for No. 8625 (further – Rules of approval of limit of rates);
3) the explanatory note about need of approval of limit of rate (the price, rate of charge);
4) actual data about costs for previous year, with appendix of data on execution of the tariff estimate on regulated services for the corresponding period in form, according to appendix 1 to Rules of approval of limit of rates, the proving materials and disaggregations under each Article of the tariff estimate;
5) calculation of rate of profit;
6) calculation of the depreciation charges on the fixed assets used before realization of investing program (project), and put into operation in case of realization of investing program (project) during the long-term period with breakdown by years;
7) supporting documents financing and compensation of borrowed funds (percent for the credits, the financing period, commission payments, repayment periods and others);
8) this about design capacity of the subject of natural monopoly and about its actual use;
9) project of investing program (project).
In case of non-presentation of data on execution of the tariff estimate on regulated services for the corresponding periods in form according to appendix 1 to Rules of approval of limit of rates in time, provided by the subitem 11) of article 7 of the Law, the Subject represents:
1) information on execution of the tariff estimate for the corresponding period, with appendix of the proving materials and disaggregations under each Article of the tariff estimate;
2) the financial reporting of the Subject for prior calendar year according to the Law of the Republic of Kazakhstan of February 28, 2007 "About financial accounting and the financial reporting";
3) the statistical form of nation-wide statistical observation "The report on work" approved by the order of the Chairman of Committee according to the statistics of the Ministry of national economy of the Republic of Kazakhstan of December 8, 2014 No. 71 "About the approval of statistical forms of nation-wide statistical observations according to the statistics of work and employment of the population and instructions for their filling" registered in the Register of state registration of regulatory legal acts for No. 10125;
4) the statistical form of nation-wide statistical observation "The report on financial and economic activities of the company" approved by the order of the Chairman of Committee according to the statistics of the Ministry of national economy of the Republic of Kazakhstan of November 14, 2014 No. 50 "About the approval of statistical forms of nation-wide statistical observations on finance of the companies and instructions for their filling" registered in the Register of state registration of regulatory legal acts for No. 10074.
7. The calculations and the proving materials attached to the request are represented with observance of the following procedures:
1) materials of the request are stitched, numbered, certified by seal (in case of its availability at the subject of private entrepreneurship) and the signature of the head Subjekt or person replacing him, or the deputy manager whose competence questions of financial accounting and finance enter. At the same time, financial records are signed by the first head and the chief accountant Subjekta, or persons replacing them and certified by seal (in case of its availability at the subject of private entrepreneurship) Subjekt;
2) when calculating projects of rates (the prices, rates of charges) for base the actual amounts of regulated services (goods, works) for the previous calendar year – for the first year and the planned amounts of regulated services (goods, works) – the subsequent planned years taking into account priorities of development of the Republic of Kazakhstan and socio-economic indexes of the Republic of Kazakhstan are accepted;
3) in case of decrease in amounts of regulated services (goods, works) the materials proving and confirming decrease are represented;
4) are prepared separately on each type of activity, performed by the Subject.
8. Department of authorized body within three working days from the date of receipt of the request checks completeness of the provided proving materials and in writing notifies the Subject on adoption of the request to consideration or on refusal in adoption of the request to consideration with indication of causes of failure.
Are causes of failure in adoption of the request of the Subject to consideration:
1) violation by the Subject of terms of submission of the request;
2) non-presentation by the Subject of the documents specified in Item 6 of this Special procedure;
3) discrepancy of the submitted documents to Item 7 of this Special procedure;
4) discrepancy to the requirements established by the Rules of approval of investing programs (projects) of the subject of the natural monopoly, their adjustment, and also carrying out information analysis about their execution approved by the order of the Minister of national economy of the Republic of Kazakhstan of December 30, 2014 No. 194, offered by the project of investing program (project) registered in the Register of state registration of regulatory legal acts for No. 10459 (further – Rules of approval of investing program (project).
9. The project of limit of rate (the price, rate of charge) and the tariff estimate of the Subject is considered by department of authorized body within thirty seven working days from the date of application.
10. If during action of the approved limit of rate (the price, rate of charge) and (or) realization of the approved investing program (project) the Subject attracts loans of international financial institutions, then the Subject addresses with the request for approval of new limit of rate (the price, rate of charge) and (or) new investing program (project) if the operating approved limit of rate does not cover the expenses connected with attraction of loans of international financial institutions or does not consider the actions planned for inclusion in investing program for the purpose of which loans of international financial institutions are attracted.
In case of approval of new limit of rate (the price, rate of charge) and (or) new investing program (project), acting earlier limit of rate (the prices, rates of charge) and (or) investing program (project) are cancelled.
If during action of the approved rate by the Subject the borrowed funds of international financial institutions which are not considered in the approved investing program were allocated for expansion, recovery, updating, support of the existing assets, reconstruction, modernization of fixed assets, creation of new assets, expenses on payment of principal debt and remunerations on these borrowed funds are considered in case of approval of new limit of rate (the price, rate of charge) in the presence of the supporting proving documents.
11. Department of authorized body carries out project appraisal of limit of rate (the price, rate of charge) and the tariff estimate:
1) on the basis of the actual execution of the tariff estimate for prior year;
2) with attraction for this purpose independent experts, state bodies, consumers and their public associations, the Subject which provided the project.
12. Department of authorized body submits the project of limit of rate offered by the Subject (the prices, rates of charge) and the tariff estimate for discussion when carrying out public hearings according to the Rules of carrying out public hearings by consideration of requests for approval of rates (the prices, rates of charges) or their limits on regulated services (goods, works) of subjects of natural monopolies, and also the project of goods price (work, service) the subject of the controlled market in the field of power industry approved by the order of the Minister of national economy of the Republic of Kazakhstan of March 17, 2015 No. 219, registered in the Register of state registration of regulatory legal acts for No. 10742, taking into account features of this Special procedure.
13. Department of authorized body, no later than five working days before carrying out public hearings, places on the Internet resource and publishes in the printing editions distributed with release at least two weekly in the corresponding territory of administrative and territorial unit in which the Subject perform the activities, the announcement of carrying out public hearings.
14. Public hearings in case of approval of limit of rate (the price, rate of charge) on regulated services (goods, works) of the Subject are carried out in ten working days prior to decision making.
15. The decision of department of authorized body on approval of limit of rate (the price, rate of charge) and the tariff estimate on regulated services (goods, works) or refusal in approval of limit of rate (the price, rate of charge) and the tariff estimate on regulated services (goods, works) of the Subject is drawn up by the order of the head of department of authorized body and goes department of authorized body to the Subject within three working days from the date of decision making.
In case of approval of limit of rate (the price, rate of charge) and the tariff estimate in the decision of department of authorized body date of its input in action is specified.
16. Introduction of limit of rate (the price, rate of charge), is performed from the first day of the first month following after month of approval of limit of rate (the price, rate of charge).
Effective period of limit of rate (the price, rate of charge) is established for realization by the Subject of investing program (project).
17. The subject informs consumers information on introduction of limit of rate (the price, rate of charge) not later than five working 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.
18. The subject provides in department of authorized body information on the consumer notification on introduction of limit of rate (the price, rate of charge) within three working days from the date of such notification.
19. If the Subject does not notify consumers on introduction of limit of rate (the price, rate of charge) in the terms provided by this Special procedure, then the specified limit of rate (the price, rate of charge) is not entered from the date specified in the decision of department of authorized body. Introduction of the approved limit of rate (the price, rate of charge) is performed from the first day of the second month following after month of approval of limit of rate (the price, rate of charge).
20. If the Subject before expiration of limit of rate (the price, rate of charge) did not address to department of authorized body with the request for approval of the corresponding limit of rate (the price, rate of charge) which term comes to an end, the Subject renders regulated services in limit of rate (the price, rate of charge) minus the profit and depreciation which are earlier provided in limit of rate (the price, rate of charge) on realization of investing program (except for repayments of principal debt on the loans attracted on realization of investing program (project).
21. Adjustment of the tariff estimate and (or) limit of rate (the price, rate of charge) is made by department of authorized body according to Rules of approval of limit of rates (the prices, rates of charges).
22. The approval procedure of investing program is determined by Rules of approval of investing program (project), taking into account features of this Special procedure.
23. The investing program of the Subject includes the actions providing:
1) expansion, recovery, updating, support of the existing assets, reconstruction, modernization of fixed assets;
2) creation of new assets of the subject.
24. Actions of investing program of the Subject go on:
1) decrease in technological (physical) wear of fixed assets;
2) decrease in losses;
3) improvement of quality, reliability and efficiency of regulated services;
4) implementation of the actions plan on energy saving and increase in energy efficiency developed following the results of energy audit.
25. Sources of financing of actions of investing program are:
1) own means:
at least 70% of profit of the Subject of regulated service;
depreciation charges.
2) the borrowed funds considered when forming limit of rate (the price, rate of charge) the Subject.
26. Department of authorized body and competent authority consider the investing program (project) planned by the Subject within thirty working days from the date of its representation.
27. By results of consideration of the investing program (project) planned by the Subject department of authorized body:
not later than five working days before decision making, sends to competent authority the signed draft decision about approval of investing program (project), with appendix of investing program (project);
or notifies the subject on refusal in approval of investing program (project) with appendix of the motivated conclusion signed by authorized body and competent authority.
In case of refusal in approval of investing program, the motivated conclusion goes department of authorized body to competent authority no later than twenty five working days from the date of its submission to department of authorized body in time.
28. Within five working days from the date of submission of the draft decision about approval of investing program (project) the competent authority sends to department of authorized body the signed decision on approval of investing program (project) or informs on need of modification and (or) amendments in the draft decision about approval of investing program (project) with appendix of the motivated conclusion.
In case of entering of authorized body by department or competent authority of information on need of modification and (or) amendments into the draft decision on approval of investing program (project) the term of consideration of investing program (project) is prolonged for five working days.
29. The approved investing program (project) of the Subject is placed department of authorized body and the relevant competent authority on the Internet resources within five working days from the date of decision making of authorized body by department and competent authority.
30. The copy of the decision on approval of investing program (project) goes to the Subject department of authorized body within three working days from the date of decision making of authorized body by department and competent authority.
31. The refusal bases in approval of investing program (project) are stipulated in Item 4 articles 15-3 of the Law.
32. The refusal in approval of investing program (project) is the refusal basis in approval of limit of rate (the price, rate of charge).
33. Adjustment of investing program (project) of the Subject is made by department of authorized body according to Rules of approval of investing program (project).
34. The bases of change of limit of rate (the price, rate of charge) on regulated services of the Subject approved according to this Special procedure is the change in value of strategic goods, including transportation costs of goods and (or) amount of the rendered regulated services in the amount of, exceeding the predicted consumer price index the current year.
35. In cases of the corresponding increase or reduction of cost of strategic goods, including transportation costs of goods, increase or reduction of amount of the rendered regulated services, but is not more often than once a year, the Subject sends to department of authorized body the notice in any form of the forthcoming increase or decrease in limit of rate (the price, rate of charge) with indication of date and with appendix of the proving materials not later than thirty calendar days before date of increase in limit of rate (the price, rate of charge).
36. Department of authorized body within twenty calendar days from the date of receipt of the notice of the Subject, considers the notice and the enclosed proving materials.
The decision of department of authorized body on decrease or increases in limit of rate (the price, rate of charge) on regulated services of the Subject, is accepted in the form of the order with indication of Date of Introduction of limit of rate.
At the same time, in case of unreasonable increase in level of rate (the price, rate of charge) or non-presentations of the proving materials, the motivated refusal in increase in limit of rate sends to the Subject (the prices, rates of charge).
37. If the Subject did not address to department of authorized body about decrease in limit of rate as a result of reduction in cost of strategic goods, including transportation costs of goods, increases in amount of the rendered regulated services, department of authorized body following the results of the analysis of the performance report of the tariff estimate enters the temporary compensating rate according to the Rules according to the temporary compensating rate approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of April 16, 2013 No. 115-OD (registered in the Register of state registration of regulatory legal acts for No. 8472.).
38. No. 499 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 06.12.2016
39. The subject based on the received decision on approval of limit of rate enacts limit of rate (the price, rate of charge) from the date specified in the order.
40. Increase or reduction of cost of strategic goods is determined concerning the price used in case of cost determination of the Subject of the last period, and in the subsequent cases – changes in value of strategic goods concerning the price applied by the Subject or department of authorized body in case of change of limit of rate (the price, rate of charge) on regulated services of the Subject.
41. Increase or reduction of amount of the regulated services rendered by the Subject is determined concerning amount of services of the limit of rate used in case of determination (the prices, rates of charge) the Subject of last period, and in the subsequent cases – scope changes of regulated services concerning the amount of services applied by the Subject or department of authorized body in case of change of limit of rate (the price, rate of charge) on regulated services of the Subject.
The subject annually provides information on amounts of the rendered regulated services with appendix of supporting documents.
42. Factual determination of change in value of strategic goods is performed based on agreements, notices of suppliers and other documents submitted by the Subject or on the basis of comparative analysis of the prices of producers of strategic goods and (or) quotations of exchange goods.
43. The subject informs department of authorized body and consumers information on change of limit of rate (the price, rate of charge) not later than seven calendar days before its introduction in action.
44. Adjustment of limit of rate (the price, rate of charge) the Subject is performed annually by application of coefficient of quality, reliability and efficiency of regulated services to the part of profit which is not exceeding 30% of general profit of the Subject.
45. The coefficient of quality, reliability and efficiency of regulated services is determined based on general and special criterions of quality, reliability and efficiency of regulated services.
General criterions of quality, reliability and efficiency of regulated services are established in appendix 1 to this Special procedure.
Special criteria of quality, reliability and efficiency of regulated services are established in appendix 2 to this Special procedure.
46. Annually no later than two months following after the last twelve months of action of limit of rate (the price, rate of charge), the Subject represents to department of authorized body the materials confirming accomplishment of the established criteria of quality, reliability and efficiency of regulated services:
1) the information about the satisfied consumers quality of the rendered services;
2) data on lack of the facts of failure to provide (shutdown) of regulated utilities lasting more than three days; data on decrease or preserving at the previous level of wear of fixed assets on 2 and more than a %;
3) data on decrease in specific size of expense of energy resources on production of regulated services; data on decrease in normative technical losses on the level approved by department of authorized body; data on increase in energy efficiency (increase in class of energy efficiency of office and factory buildings); data on increase in level of collecting of payments from consumers for the rendered regulated services.
47. In case of non-presentation by the Subject of the materials confirming accomplishment of the established criteria of quality, reliability and efficiency of regulated services, coefficient of quality, reliability and efficiency of regulated services of the Subject it is applied in zero value.
48. Department of authorized body considers the materials provided by the Subject in a month and makes the decision on adjustment of limit of rate (the price, rate of charge).
49. Department of authorized body within the competence requests and obtains information necessary for implementation of the powers, from physical persons and legal entities, including state bodies, local government bodies, and also their officials, with observance established by legal acts of the Republic of Kazakhstan of requirements to disclosure of the data which are the commercial and protected by the law other secret.
50. The subject informs consumers information on introduction of the corrected limit of rate (the price, rate of charge) not later than five 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.
51. The limit of rate corrected taking into account criteria of quality, reliability and efficiency of regulated services (the price, rate of charge) becomes effective from the first day of the next month after month of decision making about adjustment of limit of rate (the price, rate of charge).
52. The subject no later than ten calendar days from the date of entry into force of the decision of department of authorized body on adjustment of limit of rate (the price, rate of charge) performs recalculation of the added payment amounts of the rendered services of the Subject.
53. Cost determination on regulated services of the Subject is performed according to the Special procedure for forming of costs applied in case of the approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of natural monopolies, approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against April 25, 2013 No. 130-OD registered in the Register of state registration of regulatory legal acts for No. 8480 (further – the Special procedure No. 130-OD), taking into account features of this Special procedure.
54. Expenses on payment of remunerations for the borrowed funds received in national or foreign currency for implementation of the investment project are considered according to the loan agreement.
55. Costly part of rate (the price, rate of charge) the Subject is created based on the actual costs of the Subject for the last year accepted according to the Special procedure for forming of costs, No. 130-OD (registered in the Register of state registration of regulatory legal acts for No. 8480 No. 299 published in the Kazakhstanskaya Pravda newspaper of October 23, 2013 (27573)) taking into account indicators of the forecast of social and economic development of the Republic of Kazakhstan (inflation) applied in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of natural monopolies as the approved order of the Chairman of the Agency of the Republic of Kazakhstan in regulation of natural monopolies of April 25, 2013.
56. If the Subject renders regulated services less than one year, its costs are determined by results of comparative analysis of costs of subjects of the natural monopolies rendering similar regulated services in the comparable goods market, for the period at least one year.
57. Comparative analysis is made by comparison of the costs of subjects of the natural monopolies rendering similar regulated services in the comparable goods market, having similar main indicators of activities (on amount, types of service, the place of their rendering and other) and determinations of the weighted average value of production expenses and expenses of the period respectively.
58. The two-part rate for regulated services of the Subject consisting of rate for consumption and rate for content of system of rendering services is established by department of authorized body based on the request of the Subject in any form:
on regulated services of supply with heat energy, water supply and water disposal;
on condition of equipment by metering devices at least 3% of consumers of regulated services of the Subject.
59. The rate for consumption is created of the variable costs consisting of the costs provided by the Special procedure No. 130-OD, except for the depreciation charges of fixed assets and intangible assets and the part of profit which is not used on realization of investing program of the Subject.
60. The rate for content of system of rendering services is created of the fixed costs of the Subject consisting of the depreciation charges of fixed assets and intangible assets and the part of profit directed to realization of investing program of the Subject.
61. The rate for content of system of rendering services does not exceed 30% of two-part rate.
62. In case of exceeding of rate for content of system of rendering services of 30% of two-part rate, the corresponding part of fixed costs joins in rate for consumption.
63. The rate for content of system of rendering services is levied from consumers by equal shares monthly.
64. Admissible profit level of the Subject is determined taking into account estimated value of the assets which are directly involved in rendering regulated services of the Subject and rate arrived.
65. The maximum profit of the Subject includes the funds necessary for realization of the approved investing program, in the amount of at least 70% of profit and variable part of profit in the amount of 30% of the amount of the profit provided on realization of investing program within admissible profit level.
66. The profit is determined as the amount of the profit directed to realization of the approved investing program of the Subject and variable part of profit calculated taking into account criteria of quality, reliability and efficiency of regulated services.
67. Calculation of profit is made according to appendix 3 to this Special procedure.
68. The cost of attraction of the loan capital is determined based on data of National Bank of the Republic of Kazakhstan of arithmetic-mean value for the last twelve months.
69. The size of the loan capital (debt) in the aggregate invested capital is determined as the loan amount (is long).
70. The size of equity is determined on the basis of book value of the assets which are directly involved in rendering regulated services of the Subject without the size of the loan capital.
71. The rate of the corporate income tax is determined according to the tax legislation of the Republic of Kazakhstan.
72. Values of risk-free return rate of award for risk of investment into the capital and beta coefficient for the corresponding industry (without debt load) are established annually by department of authorized body the next year.
73. As risk-free return rate the authorized body accepts the actual yield to maturity on long-term state eurobonds of the Republic of Kazakhstan.
74. The release of ten-year eurobonds of the Republic of Kazakhstan on the amount 1, 5 billion US dollar performed by the Government of the Republic of Kazakhstan in October, 2014 is accepted to the basic tool.
75. Arithmetic-mean value of yield to maturity (daily quotations) for the last twelve months is applied to smoothing of short-term fluctuations of risk-free rate (or the smaller period, depending on availability of information).
76. Data on quotations of yield to maturity on long-term state eurobonds of the Republic of Kazakhstan are requested from the Ministry of Finance of the Republic of Kazakhstan which is the issuer of this security.
77. The award for risk of investment into share (own) capital represents additional income of investors from investment in the share (own) capital of the company gained over the risk-free income.
78. The value published on the Damodaran Online Internet resource according to the reference is accepted to value of award for risk of investment into share (own) capital: http://pages.stern.nyu.edu/~adamodar/New_Home_Page/datafile/histretSP.html as arithmetic average (Arithmetic Average) risk of award (Risk Premium) between shares and bonds (Stocks - T.Bonds) from 1928.
79. The beta coefficient of share (own) capital for the analyzed company (the subject of natural monopoly) is calculated on the basis of beta coefficient without debt load for the corresponding industry taking into account adjustment on capital structure and tax regime of the analyzed company (the subject of natural monopoly).
80. The estimated value of the assets which are directly involved in rendering regulated services of the Subject is determined by the independent appraiser using costly method and with inclusion in estimated value of assets of the enclosed investments (according to the approved investing program) and accumulated depreciation.
81. Revaluation of fixed assets is performed not more often than once in twelve months and at least once in five years.
82. If by results of assessment the asset cost, the regulated services of the Subject which are directly involved in rendering increased by 20% and more percent, these results of revaluation in the amount of, necessary for realization of investing program, is applied by department of authorized body when calculating rate of profit step by step with breakdown by years during effective period of limit of rate (the price, rate of charge).
83. For value of beta coefficient for the corresponding industry (without debt load) department of authorized body accepts the value published on the Damodaran Online Internet resource according to the reference http://www.stern.nyu.edu/~adamodar/pc/datasets/betaemerg.xls.
84. For the subjects rendering services in transfer and (or) distribution of electrical energy, and also in production, transfer and (or) distribution of heat energy Unlevered beta value for Power power industry is used.
85. For the subjects rendering services of water management and (or) sewer systems Unlevered beta value for industry of utility water supply of Utility Water is used.
For subjects in the field of the airports and seaports the authorized body uses Unlevered beta value for transport industry of Transportation.
86. Calculation of limit of rate (the price, rate of charge) is made according to appendix 4 to this Special procedure.
87. Calculation of two-part rate is made according to appendix 5 to this Special procedure.
to the Special procedure for regulation of activities of subjects of the natural monopolies attracting loans of the international financial institutions and entering the list of subjects of the natural monopolies attracting loans of international financial institutions
General criterions of quality, reliability and efficiency of regulated services (the maximum value - 0,6):
|
№ |
Criteria |
Coefficients |
|
1 |
Quality: |
0,2 |
|
increase or preserving at the previous level of share of the consumers satisfied with quality of the rendered services (it is carried out by annually specialized organization attracted on competitive basis with the Subject by questioning: 1) is at least 0,5 of % of consumers if their total quantity exceeds 100000; 2) at least 1% of consumers if their total quantity exceeds 1000; 2) at least 10% of consumers if their total quantity does not exceed 1000 persons) |
0,1 | |
|
decrease or preserving at the previous level (including absence) the number of the claims of consumers to rendering the low-quality services which found confirmation by results of check registered by department of authorized body |
0,05 | |
|
decrease or preserving at the previous level (including absence) the number of the claims to refusal registered by department of authorized body in connection to services or provision of the specifications which found confirmation by results of check |
0,05 | |
|
2 |
Reliability: |
0,1 |
|
lack of the facts of failure to provide (shutdown) of regulated utilities lasting more than three days |
0,05 | |
|
decrease or preserving at the previous level of wear of fixed assets on 2 and more than a % |
0,05 | |
|
3 |
Efficiency: |
0,3 |
|
decrease in specific size of expense of energy resources on production of regulated services. |
0,1 | |
|
decrease in normative technical losses on the level approved by department of authorized body |
0,05 | |
|
increase in energy efficiency (increase in class of energy efficiency of office and factory buildings) |
0,05 | |
|
increase or preserving at the previous level of collecting of payments from consumers for the rendered regulated services |
0,1 |
to the Special procedure for regulation of activities of subjects of the natural monopolies attracting loans of the international financial institutions and entering the list of subjects of the natural monopolies attracting loans of international financial institutions
Special criteria of quality, reliability and efficiency of regulated services (the maximum value - 0,4):
|
Special criteria |
Coefficients | |
|
in the field of heat-and-power engineeering | ||
|
Quality: |
0,15 | |
|
giving of heat energy meeting the sanitary standards determining air temperature in premises – round the clock during the heating season |
0,15 | |
|
Reliability: |
0,15 | |
|
uninterrupted giving of heat energy to consumers conforming to standards of services |
0,15 | |
|
Efficiency: |
0,1 | |
|
accomplishment of the temperature schedule set by thermal networks (for the power making stations and boiler rooms) |
0,1 | |
|
in the field of water supply and water disposal | ||
|
Quality: |
0,15 | |
|
decrease in number of accidents per the extent of networks of water supply and (or) water disposal in year |
0,15 | |
|
Reliability: |
0,15 | |
|
decrease in share of the high-level (distribution) networks needing replacement (as a percentage) |
0,15 | |
|
Efficiency: |
0,10 | |
|
increase in share of energy saving pumping oborudovaniye |
0,10 | |
|
in the field of water supply of the irrigated agriculture | ||
|
Quality: |
0,15 | |
|
water supply according to the plan of the water distribution developed taking into account limit of water use and water content of year |
0,15 | |
|
Reliability: |
0,15 | |
|
increase in operational reliability of water management constructions, channels, pipelines (increase in share of the constructions brought to safe technical condition) |
0,15 | |
|
Efficiency: |
0,10 | |
|
increase in efficiency of conduit (channel and others) |
0,10 | |
|
in the field of power industry | ||
|
Quality: |
0,15 | |
|
no |
- | |
|
Reliability: |
0,3 | |
|
the undersupplied electric power, average time of interruption |
0,15 | |
|
average index of duration of interruptions in system operation; |
0,15 | |
|
Efficiency: |
0,1 | |
|
application of energy saving oborudovaniye |
0,1 | |
|
in the field of civil aviation and ports | ||
|
Quality: |
0,2 | |
|
quantity of reasonable delays of flights |
0,05 | |
|
the average duration of delays on one flight |
0,05 | |
|
premises to aviation incident because of the airport |
0,1 | |
|
Reliability: |
0,1 | |
|
the number of incidents on landing strip per thousand runway transactions |
0,02 | |
|
the number of incidents on landing strip from the death per thousand runway transactions |
0,02 | |
|
number of incidents per thousand working hours |
0,02 | |
|
quantity of cases of unauthorized occupation of landing strip per thousand runway transactions |
0,02 | |
|
the number of collisions with birds on runway transactions |
0,02 | |
|
Efficiency: |
0,1 | |
|
ratio of possible handling capacity on the actual handling capacity of the airport (the number of daily runway transactions) |
0,05 | |
|
actions for cost reduction (optimization) |
0,05 | |
|
in the field of transportation of commodity gas through distribution pipelines |
| |
|
Quality: |
0,15 | |
|
supply of commodity gas to consumers of required parameters according to CH PK 4.03-01-2011 (pressure and calorific capability) all the year round |
0,15 | |
|
Reliability: |
0,15 | |
|
uninterrupted supply of commodity gas to consumers |
0,15 | |
|
Efficiency: |
0,1 | |
|
increase in operational reliability of gas supplying constructions (increase in share of the constructions brought to safe technical condition) |
0,05 | |
|
decrease in number of accidents per the extent of networks in year |
0,05 | |
|
in the field of transportation of commodity gas through bulk distribution lines |
| |
|
Quality: |
0,15 | |
|
supply of commodity gas to consumers of required parameters, according to CH PK 4.03-01-2011 (pressure and calorific capability) all the year round |
0,15 | |
|
Reliability: |
0,1 | |
|
uninterrupted supply of commodity gas to consumers |
0,1 | |
|
Efficiency: |
0,15 | |
|
preserving and (or) increase in handling capacity of gas-transport system |
0,15 | |
to the Special procedure for regulation of activities of subjects of the natural monopolies attracting loans of the international financial institutions and entering the list of subjects of the natural monopolies attracting loans of international financial institutions
See Appendix 3 (8Kb In original language)
to the Special procedure for regulation of activities of subjects of the natural monopolies attracting loans of the international financial institutions and entering the list of subjects of the natural monopolies attracting loans of international financial institutions
See Appendix 4 (14Kb In original language)
to the Special procedure for regulation of activities of subjects of the natural monopolies attracting loans of the international financial institutions and entering the list of subjects of the natural monopolies attracting loans of international financial institutions
Calculation of two-part rate
The two-part rate is determined by formula:
DT = TP + TS x (1/about),
where:
DT – two-part rate;
TP – rate for consumption, tenge;
TS – rate for content of system of rendering services, tenge;
about – amount of the consumed service of the certain consumer.
The rate for consumption is determined by formula:
TP = ZPR + P2/O
where:
TP – rate for consumption;
ZPR – variable costs, tenge;
P2 – the profit calculated taking into account criteria of quality, reliability and efficiency of regulated services (tenge);
About – amount of the rendered services.
The rate for content of system of rendering services is determined by formula:
TS = (ZPT + P 1)/Opotr,
where:
TS – rate for content of system of rendering services;
ZPT – fixed costs, tenge;
P1-the profit directed to realization of the approved investing program of the Subject (tenge);
Opotr-number of consumers (population, state-financed organizations and other) Subject.
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The document ceased to be valid since November 24, 2020 according to Item 1 of the Order of the Minister of national economy of the Republic of Kazakhstan of November 6, 2020 No. 85