Article 22. The procedure for changing the tariff approved by the authorized body before the expiration of its validity period of the Law on Natural Monopolies

Home / RLA / Article 22. The procedure for changing the tariff approved by the authorized body before the expiration of its validity period of the Law on Natural Monopolies

  1. The grounds for changing the tariff approved by the authorized body before its expiration date are:

1) changes in the type and value of strategic goods and (or) tariffs (prices) for transportation of strategic goods subject to state regulation;

1-1) conclusion, in accordance with paragraph 2-2 of Article 10 of the Law of the Republic of Kazakhstan "On Electric Power Industry", of an agreement for the purchase and sale of electric energy with an energy-producing organization using renewable energy sources, at least twenty-five percent of the voting shares (participation shares in the authorized capital) of which are directly or indirectly owned by the National Welfare Fund;

2) declaration of an emergency situation in accordance with the legislation of the Republic of Kazakhstan;

3) changes in tax rates and other mandatory payments to the budget in accordance with the tax legislation of the Republic of Kazakhstan;

4) modification of the approved and (or) terms of the concluded loan agreement, the costs of which are provided for in the approved investment program; in connection with the implementation of state programs and (or) national projects, as well as documents of the state planning system approved by the authorized body;

5) increase in the volume of regulated services provided;

6) changes in the cost of electric energy and water of its own production used by the nuclear power complex in the provision of regulated services for the production, transmission, distribution and (or) supply of thermal energy and water supply related to changes in the price of gas and (or) its transportation;

7) non-compliance with quality and reliability indicators of regulated services;

8) the non-compliance of the activity of a natural monopoly entity providing a regulated service for the transmission of electric energy with the requirements of paragraph 6 of Article 13-1 of the Law of the Republic of Kazakhstan "On Electric Power Industry" based on information from the state body for state energy supervision and control;

9) failure to achieve performance indicators for natural monopoly entities;

9-1) obtaining for the balance sheet and (or) for trust management of property used in the technological cycle in the provision of regulated services by subjects of natural monopolies, with the exception of subjects of natural monopolies providing regulated services provided for in subparagraphs 10), 12) and 13) of paragraph 1 of Article 5 of this Law, from local executive bodies, the authorized body for the management of state property, including electric networks from other energy transmission organizations, in accordance with the plan of transfer to the balance sheet and (or) to the trust management of property upon its receipt for gratuitous use;

9-2) the change in the average monthly nominal salary of one employee by type of economic activity in the region (city), established according to statistics for the year, except in the case provided for in subparagraphs 9-3) and 9-4) of this paragraph;

9-3) a change in the average monthly nominal salary of one employee of a natural monopoly entity providing regulated services provided for in subparagraph 14) of paragraph 1 of Article 5 of this Law.

9-4) in case of non-achievement of the nominal salary of one employee by types of economic activity in the region (city), which has developed according to statistics for the year, the level of the nominal salary of one employee by types of economic activity in the republic, the calculation of an increase in the approved tariff estimate of the salary level of one employee of not more than twenty percent per year is applied until the corresponding level by type of economic activity in the Republic of Kazakhstan;

In this case, the basis for the change is a change in the average monthly nominal salary of one employee by type of economic activity in the region (city), established according to statistics for the year, provided for subjects of natural monopolies providing regulated services specified in subitems 3) and 4) of paragraph 1 of Article 5 of this Law.;

10) transfer to a natural monopoly entity for property lease (lease) or trust management of the main gas pipeline along the route Kyzylorda – Zhezkazgan – Karaganda – Temirtau – Astana.

2. In the event of a tariff change before its expiration, except for the grounds provided for in the sub-paragraphs 4), 5), 7), 8), 9-1), 9-2), 9-3) 9-4) and 10) of paragraph 1 of this article, the corresponding cost item is changed.

If a tariff is changed before its expiration date in accordance with subparagraph 9) of paragraph 1 of this article, the approved tariff estimate excludes investment costs (profit, depreciation, capital expenditures leading to an increase in the cost of fixed assets) determined by the tariff formation rules.

3. Tariff changes are carried out on the initiative of the authorized body no more than twice a year, on the initiative of a natural monopoly entity – no more than once a year.

On the basis of a change in the tariff approved by the authorized body before the expiration of its validity period provided for in subparagraph 4) According to paragraph 1 of this article, within the framework of the implementation of the approved national project for the modernization of the energy and utility sectors, a natural monopoly entity has the right to apply for an additional initiative within a year to submit an application for a change in the tariff approved by the authorized body before its expiration date.

4. In order to change the tariff approved by the authorized body before its expiration, a natural monopoly entity submits an application to the authorized body with supporting materials attached.

The term of consideration by the authorized body of the application for tariff modification before its expiration in cases stipulated by the Legislation of the Russian Federation.:

1) by sub-items 1), 1-1), 2), 3), 9-2) , 9-3) and 9-4) of paragraph 1 of this Article, is not more than ten working days from the date of its submission;

2) by subitems 4), 5), 6) and 9-1) of paragraph 1 of this Article, is not more than thirty working days from the date of its submission;

3) subparagraph 10) of paragraph 1 of this Article, is not more than ninety working days from the date of its submission.

In the event of a tariff change initiated by the authorized body, the natural monopoly entity is obliged to submit economically sound calculations and materials within one month from the date of receipt of the relevant information.

5. If additional information is required during the examination of the application, the authorized body has the right to request it in writing with a deadline, but not less than five working days.

In this case, consideration of the application is suspended until the necessary information is received with notification of the natural monopoly entity.

6. The tariff amended in accordance with paragraph 1 of this article shall be implemented from the date set by the authorized body.

7. When approving the tariff in the cases provided for in the sub-paragraphs 4), 6), 7), 8) and 9) of paragraph 1 of this Article, the authorized body shall hold public hearings no later than ten calendar days prior to its approval.

8. In the cases provided for in paragraph 1 of this Article, a natural monopoly entity shall inform consumers about this no later than five calendar days before the tariff comes into effect, providing information indicating the reasons for the tariff change and the approved tariff estimate.

President

Republic of Kazakhstan

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