Article 24. Consumer access to regulated services of the Law on Natural Monopolies

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1. Consumers' access to the regulated service is ensured:

1) posting the information provided for in Article 25 of this Law on the Internet resource of a natural monopoly entity, in case of its absence - providing it to the authorized body for posting on its Internet resource, as well as posting and (or) updating in the automated digital system of the state urban cadastre of information provided for in paragraph 6-2 of Article 25 of this Law through the automated digital system of the state urban planning cadastre;

2) issuing technical specifications for connection to the networks of a natural monopoly entity: transmission of electric, thermal energy, water supply and sanitation, as well as to main gas and oil pipelines, gas distribution systems and group tank installations in accordance with the plan for the development of engineering communications according to the approved draft detailed planning (building scheme) or to increase the volume of regulated services;

3) fulfillment by the consumer of the technical conditions for connection to the regulated service through the automated digital system of the state urban cadastre;

4) by connecting to a regulated service or increasing the volume of a regulated service;

5) by concluding a contract for the provision of a regulated service.

2. Technical conditions for connection to the networks of a natural monopoly entity: transmission of electric, thermal energy, water supply and sanitation, as well as main gas and oil pipelines, gas distribution systems and group tank installations, or an increase in the volume of regulated services are issued by the natural monopoly entity within the time period established by this Law.

3. The requirement of subparagraph 1) of paragraph 1 of this Article does not apply to subjects of natural monopolies providing regulated services provided for in subparagraphs 10), 11), 12) and 13) of paragraph 1 of Article 5 of this Law.

4. Connection to power supply, heat supply, gas supply, water supply and sanitation networks consists of the following stages, with the exception of connection of electric installations with an installed capacity of up to 200 kW of business entities to the electric networks of energy transmission organizations in accordance with Article 24-1 of this Law:

1) an application for the issuance of technical specifications, which the architecture and urban planning authority forms during the preparation of the architectural and planning assignment, topography and sends in electronic form to the subject of the natural monopoly;

2) consideration by the natural monopoly entity of the application of the architecture and urban planning authority for the issuance of technical specifications or an increase in the volume of regulated services;

3) sending technical specifications by the natural monopoly entity to the architecture and urban planning authority;

4) issuance of the result of consideration of the application for the issuance of technical specifications, which is carried out by the architecture and urban planning authorities together with the architectural and planning assignment and topography in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;

5) carrying out works by the consumer in accordance with the technical conditions;

6) informing the consumer about the completion of work and readiness to connect to the networks of the natural monopoly entity.

5. The acceptance of an application for the issuance of technical specifications for connection to the networks of a natural monopoly entity or an increase in the volume of regulated services and the issuance of the result of its consideration are carried out by a State Corporation, through the digital government web portal or through the digital system of an authorized body, or an automated digital system of the state urban cadastre.

Applications for technological connection to electric grids of power transmission organizations of electric installations with an installed capacity of up to 200 kW of business entities in the capital, cities of republican and regional significance are accepted only in electronic form.

When accepting an application for the issuance of technical specifications for connection to the networks of a natural monopoly entity or an increase in the volume of regulated services and issuing the results of its review by a State Corporation, the consumer is charged for the provision of these services.

6. Excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 352-VI (effective ten calendar days after the date of its first official publication).

7. The issuance of technical specifications for connection to the networks of a natural monopoly entity at the request of the architecture and urban planning authorities is carried out by the natural monopoly entity.:

1) for technically uncomplicated objects – within five working days;

2) for technically complex facilities – within ten business days.

Technical specifications for connection to the networks of a natural monopoly entity or an increase in the volume of regulated services are issued for three years and are presented in the automated digital system of the state urban cadastre.

7-1. If the standard duration of construction is exceeded for more than three years, the validity period of the technical specifications is extended for the construction period, subject to the submission of supporting documents on the start of construction.

In case of failure to provide supporting documents on the start of construction, the technical specifications after three years from the date of issue are considered invalid.";

8. The application form for the issuance of technical specifications for connection to the networks of a natural monopoly entity or an increase in the volume of regulated services and the list of documents attached to the application shall be established by the authorized body.

The technical specifications should define an exhaustive list of requirements for the connected networks of a natural monopoly entity, materials, equipment, devices, and metering devices.

9. An application for the issuance of technical specifications for connection to the networks of a natural monopoly entity or an increase in the volume of regulated services is returned by the natural monopoly entity within two working days through the digital government web portal or the office of the natural monopoly entity in case of submission of an incomplete package of documents.

10. When providing access to a regulated service to a natural monopoly entity, it is prohibited:

1) charge a fee for providing information about available capacities;

2) require the submission of permits and other documents from government agencies and non-governmental organizations that are not related to the provision of regulated services;

3) to impose other requirements on the consumer, except for compliance with the technical conditions for connection to the networks of a natural monopoly entity or an increase in the volume of regulated services;

4) create unequal conditions of access to a regulated service;

5) restrict the consumer's activity in carrying out work in accordance with the technical conditions for connecting to the networks of a natural monopoly entity or increasing the volume of regulated services;

6) require approval of the construction project for compliance with the technical conditions for connection to the networks of a natural monopoly entity or an increase in the volume of regulated services.

11. An application for the issuance of technical specifications for connection to the networks of a natural monopoly entity or an increase in the volume of regulated services is considered within the time limits specified in paragraph 7 of this article, based on the results of its consideration by the natural monopoly entity.:

1) issues technical specifications;

2) refuses to issue technical specifications.

12. Refusal to issue technical specifications is allowed in the following cases::

1) the lack of free and accessible capacities, capacities, locations, and network capacities of a natural monopoly entity necessary to provide the required volume of regulated services;

2) the absence of networks of a natural monopoly entity or other property necessary for the provision of a regulated service.

13. In case of refusal to issue technical specifications, the natural monopoly entity:

1) attach a reasoned justification to the decision to refuse to issue technical specifications;

2) send to the authorized body a copy of the decision to refuse to issue technical specifications and a reasoned justification with the calculation of the shortage of available and available capacities, capacities, locations, bandwidth of the networks of the natural monopoly entity or the absence of networks of the natural monopoly entity or other property necessary for the provision of regulated services.

14. In case of refusal to issue technical specifications for the connection of the construction object, the natural monopoly entity offers alternative sources of connection to the networks of the natural monopoly entity and specifies the time frame for connection to centralized communications networks according to the engineering infrastructure development plan in accordance with the approved detailed planning project.

15. The authorized body in connection with receiving a copy of the decision on refusal to issue technical specifications for connection to the networks of a natural monopoly entity:

1) send a letter to the consumer no later than seven working days confirming the validity of the refusal to issue technical specifications for connection to the networks of the natural monopoly entity or the need to file a complaint with the authorized body to initiate an audit of the activities of the natural monopoly entity;

2) upon establishing the fact of the absence of free and accessible capacities, capacities, places, carrying capacities of the networks of the natural monopoly entity or the absence of networks of the natural monopoly entity or other property of the natural monopoly entity necessary to provide the required volume of regulated services, informs the natural monopoly entity of the need to change the approved investment program, if economically feasible and creating conditions for connections to a regulated service.

15-1. Technical specifications may not be adjusted directly with the monopolists.

16. After completion of the work, the consumer informs the natural monopoly entity about the completion of the work and readiness to receive the regulated service, which, within two working days from the date of receipt of the information, verifies the work performed in accordance with the issued specifications and readiness to receive the regulated service.

If the completed work meets the technical conditions, connection to the regulated service is carried out within three working days.

17. If the work performed does not comply with the technical conditions, the natural monopoly entity informs the consumer within one working day about the unavailability of the construction site to receive the regulated service.

After the identified violations are eliminated, the consumer is re-informed about the completion of work and readiness to receive the regulated service.

18. Connecting to a regulated service includes the following activities:

disconnection of an operating network by a natural monopoly entity;

production of connection to the current consumer network;

the inclusion of an existing network by a natural monopoly entity.

19. The provision of a regulated service by a natural monopoly entity is carried out after the conclusion of a contract for the provision of a regulated service.

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Republic of Kazakhstan

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