Article 8. Competence of the authorized body The Law on Natural Monopolies

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Authorized body:

1) carries out state regulation of the activities of natural monopoly entities in accordance with the Entrepreneurial Code of the Republic of Kazakhstan, this Law, and the legislation of the Republic of Kazakhstan;

2) formulates and implements state policy in the areas of natural monopolies and organizes its implementation;

3) submits annual reports to the Government of the Republic of Kazakhstan on the state of the areas of natural monopolies, on the implementation of approved tariff estimates, and on the implementation of approved investment programs;

4) creates and maintains the State Register of Natural Monopoly Entities.

4-1) creates and maintains a register of unscrupulous procurement participants based on the data provided by entities operating in natural monopolies;

5) develops and approves the rules for setting tariffs;

6) develops and approves the rules for the operation of entities operating in natural monopolies;

7) develops and approves standard contracts for the provision of regulated services;

7-1) develops and approves standard forms of technical conditions for connecting to utility networks.

7-2) develops and approves standard service provision regulations with a clear procedure for the actions of employees of natural monopoly entities;

7-3) coordinates service provision regulations to ensure compliance with the standard regulation;

7-4) develops and approves rules for determining the costs of technological connection of electrical installations with an installed capacity of up to 200 kW belonging to business entities to the power grids of power transmission organizations.

8) accepts the application for consideration or refuses to accept it;

9) conducts public hearings, publishing in the media an announcement about the date and place of their holding and (or) a link to an online broadcast;

10) approves the tariff in cases provided for by this Law;

11) determines the indexation level of the tariff for a small‑capacity natural monopoly entity.

12) approves and makes amendments to the tariff estimate approved by it;

13) approves and, together with another state body, makes amendments to the approved investment program of a natural monopoly entity included in the republican section of the State Register of Natural Monopoly Entities, with the exception of natural monopoly entities providing regulated services specified in subparagraphs 10), 12) and 13) of paragraph 1 of Article 5 of this Law;

In the field of water supply and (or) wastewater disposal, in terms of services related to the supply of water via canals, the supply of water for irrigation, and the regulation of surface runoff using retaining hydraulic structures, the approval and amendments to the approved investment program of a natural monopoly entity included in the republican section of the State Register of Natural Monopoly Entities are carried out by the authorized body in the field of protection and use of the water fund;

14) approves and amends, together with the local executive body, the approved investment program of a natural monopoly entity included in the local section of the State Register of Natural Monopoly Entities;

15) approves the temporary compensatory tariff;16) grants consent for certain actions to be carried out by a natural monopoly entity, and also accepts from a natural monopoly entity a notification regarding the implementation of activities that are not related to regulated services, in accordance with the Law of the Republic of Kazakhstan “On Permits and Notifications”;17) develops and approves the quality and reliability indicators for regulated services in coordination with the relevant government bodies.

17-1) develops and approves a methodology for automatic reimbursement to business entities with installed electrical capacity of up to 200 kW, through recalculation and (or) refund of the amount previously paid by the consumer for the electrical energy used, in the event that power transmission organizations exceed the average number of outages per consumer per calendar year and the average duration of outages per consumer per calendar year.

17-1) defines the criteria and requirements for authorized persons (experts, expert organizations) to conduct a technical review of the implementation of the approved investment program, compliance with the quality and reliability indicators of regulated services, and the achievement of performance indicators for the activities of natural monopoly entities;

18) develops and approves performance indicators for the activities of natural monopoly entities;

19) has the right to request and receive the necessary information within the scope of its powers, including in relation to the consideration of appeals and the conduct of state control, from entities operating in socially significant markets and entities subject to natural monopolies, as well as from individuals and legal entities, including government bodies, local self‑government bodies, and their officials, in compliance with the established…

20) issues an order to the subject of a natural monopoly to eliminate violations of the legislation of the Republic of Kazakhstan on natural monopolies;

20-1) approves the methodology for maintaining separate accounting of revenues, costs and assets involved for each type of regulated services provided by subjects of natural monopolies;

21) files a lawsuit in cases of violations of this Law.

22) analyzes the reports of natural monopoly entities on the implementation of the approved tariff estimate, the implementation of the approved investment program, compliance with the quality and reliability indicators of regulated services, as well as the achievement of performance indicators for the activities of natural monopoly entities;

23) reviews appeals from natural monopoly entities and consumers;

24) approves the tender documentation for a public‑private partnership project, draft public‑private partnership agreements, and amendments and (or) additions to them regarding tariff formation.

24-1) coordinates with the authorized body responsible for managing state property and local executive bodies the transfer of main canals with off‑channel inter‑farm and intra‑farm canals for expansion, modernization, reconstruction and improvement of their technical condition — which are in the republican, regional or district communal ownership — into trust management.

24-2) coordinates with the authorized body for the management of state property, local executive bodies, and subjects of natural monopolies a trust management agreement for the transfer of main channels with inter‑farm and intra‑farm channels for expansion, modernization, reconstruction, and improvement of the technical condition of channels that are in the republican, regional, or district communal ownership, as well as those owned by a subject of natural monopolies.

24-3) approves to the authorized body for the management of state property, the local executive body, as well as the gas distribution organization, fifty percent or more of the voting shares (participation shares in the authorized capital) of which belong to the national operator in the field of gas and gas supply, the contract of trust management of property and (or) the contract of transfer of property used in the technological cycle for the provision of regulated services provided by subjects of natural monopolies and transferred from the authorized body for the management of state property, local executive bodies, individuals or legal entities owning facilities of the unified gas supply system, in accordance with the plan for the transfer of property to the balance sheet and (or) to the trust management, with the exception of subjects of natural monopolies providing regulated services provided for in paragraphs 10), 12) and 13) of paragraph 1 of Article 5 of this Law;

24-4) approves credit agreements of natural monopoly entities for raising loans from international financial organizations, specialized sectoral banks, the Development Bank of Kazakhstan, and second‑tier banks of the Republic of Kazakhstan;

24-5) approves the trust management agreement for property used in the technological cycle when providing regulated services, which is owned by a natural monopoly entity.

25) introduces changes to the approved tariff estimate in case of gratuitous receipt of property used in the technological cycle for the provision of regulated services by natural monopoly entities from local executive bodies, the authorized body for state property management, owners of electric networks who do not have a license to carry out electric energy transmission activities., individuals or legal entities that own facilities of the unified commercial gas supply system, as well as in cases of acquisition of electric networks at a residual value from other owners of electric networks who do not have a license to carry out electric energy transmission activities, and reimbursement of costs for evaluating these networks at a residual value not higher than the base rate established by the National By the Bank of the Republic of Kazakhstan on the date of making a decision on regulated services in the fields of natural monopolies;

26) approves the temporary reduction factor;

27) determines the forecast tariff index for a five‑year period for the areas of natural monopolies;

28) approves the amount of payment for utility services in the areas of natural monopolies for consumers who do not have metering devices;

29) approves the price limits for regulated services of main railway networks.

30) adjusts the annually approved price limits for regulated services of main railway networks in accordance with the tariff formation rules;

31) determines the method of tariff regulation in the sphere of natural monopoly;

32) approves the list of regulated services;

33) approves the list of natural monopoly entities, the tariffs of which...

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