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 Business Code of the Republic of Kazakhstan, this Law and the legislation of the Republic of Kazakhstan;

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

3) annually submits to the Government of the Republic of Kazakhstan reports on the state of the spheres of natural monopolies, on the execution of approved tariff estimates, on the execution of approved investment programs;

4) form and maintain the State Register of Subjects of Natural Monopolies;

4-1) forms and maintains a register of unscrupulous procurement participants based on the submitted data of natural monopoly entities;

5) develops and approves the rules for the formation of tariffs;

6) develops and approves the rules for the implementation of activities by subjects of natural monopolies;

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

7-1) develops and approves standard forms of technical specifications for connection to utility networks;

7-2) develops and approves standard regulations for the provision of services with a clear procedure for employees of natural monopolies;

7-3) coordinates the regulations for the provision of services for compliance with the standard regulations;

7-4) develops and approves the rules for determining the costs of technological connection of electric installations with an installed capacity of up to 200 kW of business entities to the electric networks of energy transmission organizations;

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

9) conducts public hearings with the publication in the mass media of an announcement about the date and place of their holding and (or) links to an online broadcast;

10) approves the tariff in cases stipulated by this Law.;

11) determines the level of tariff indexation of a small-capacity natural monopoly entity;

12) approves and amends the tariff estimate approved by him;

13) approves and amends, together with another state body, 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 provided for in subparagraphs 10), 12) and 13) of paragraph 1 of Article 5 of this Law.;

In the field of water supply and (or) sanitation in terms of water supply services through canals, irrigation water supply and regulation of surface runoff using retaining hydraulic structures, 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 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 compensation tariff;

16) issues consent for the performance of certain actions by the natural monopoly entity, and also accepts a notification from the natural monopoly entity on the implementation of activities not related to regulated services, in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications";

17) develops and approves indicators of the quality and reliability of regulated services in coordination with relevant government agencies;

17-1) develops and approves a methodology for automatic reimbursement to business entities with an installed capacity of electric installations up to 200 kW by recalculating and (or) refunding the previously incurred amount for the electric energy used by the consumer if energy transmission organizations exceed the average number of outages per consumer for one calendar year and the average duration of outages per consumer for one calendar year. the year;

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

18) develops and approves performance indicators for subjects of natural monopolies;

19) requests and receives information necessary for the exercise of its powers from individuals and legal entities, including state bodies, local self-government bodies, as well as their officials;

20) submits an instruction to the natural monopoly entity on the elimination of violations of the legislation of the Republic of Kazakhstan on natural monopolies;

20-1) coordinates the methodology for keeping separate records of income, costs and assets involved for each type of regulated services of natural monopoly entities;

21) applies to the court in cases of violation of this Law;

22) analyzes reports of subjects of natural monopolies on the implementation of the approved tariff estimates, on the implementation of the approved investment program, on compliance with quality and reliability indicators of regulated services, as well as the achievement of performance indicators of subjects of natural monopolies;

23) considers the appeals of subjects of natural monopolies and consumers;

24) approves the tender documentation of the public-private partnership project, draft public-private partnership agreements, amendments and (or) additions to them in terms of tariff formation;

24-1) coordinates with the authorized body for the management of state property, local executive bodies the transfer of main channels with diverting inter-farm and intra-farm channels for expansion, modernization, reconstruction and improvement of technical condition, which are in republican or regional, district communal ownership, in trust management;

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

24-3) approves to the authorized body for the management of state property, the local executive body a contract for the trust management of property and (or) a contract for the transfer of property used in the technological cycle in the provision of regulated services by subjects of natural monopolies and transferred from local executive bodies 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) coordinates credit agreements of natural monopoly entities to attract loans from international financial organizations, specialized industry banks, the Development Bank of Kazakhstan and second-tier banks of the Republic of Kazakhstan;

24-5) approves a trust management agreement for property used in the technological cycle in the provision of regulated services owned by a natural monopoly entity;

25) introduces changes to the approved tariff estimate in case of receipt of property used in the technological cycle in the provision of regulated services by natural monopoly entities from local executive bodies or an authorized body for the management of state property upon its receipt for gratuitous use, including electric networks from other energy transmission organizations., not higher than the level of the forecast of socio-economic development for the corresponding year;

26) approves a temporary reduction factor;

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

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

29) approves price limits for regulated services of mainline railway networks;

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

31) defines the method of tariff regulation of the sphere of natural monopoly;

32) approves the list of regulated services;

33) approves the list of subjects of natural monopolies, whose tariffs are approved using the incentive method of tariff regulation;

33-1) develops and approves rules for reviewing applications from natural monopoly entities to determine the mechanism for financing and (or) subsidizing part of the interest rate on loans for projects of modernization and construction of energy and communal infrastructure;

33-2) develops and approves rules for subsidizing interest rates on loans received by natural monopoly entities, as well as on government securities issued by local executive bodies, on projects implemented within the framework of the national project for the modernization of the energy and utility sectors in coordination with the central executive body responsible for housing relations and housing and communal services. farms, the central executive body, responsible for the management and intersectoral coordination in the field of thermal energy, and the state body responsible for the management of the electric power industry;

34) conducts a consumer reception at least once a month together with subjects of natural monopolies;

35) coordinates with local executive bodies the standards of consumption of utilities in the areas of natural monopolies for consumers who do not have metering devices;

35-1) coordinate with local executive bodies or the authorized state property management body a plan for the transfer to the balance sheet and (or) to the 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 Article 5 of this Law;

36) approves to the natural monopoly entity the amount of fees for the purchase and installation of metering devices in accordance with subparagraph 8) of paragraph 23 of Article 15 of this Law, except in cases of acceptance and commissioning of construction facilities.;

37) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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