WE WILL PROTECT YOUR RIGHTS

Thus, according to the Rules, technical conditions are understood as technical requirements necessary for connection to the power supply, heat supply, gas supply, as well as water supply and sanitation in order to ensure equal access of consumers to regulated services (goods, works).

Technical specifications are issued for connecting to the networks (electricity, heat, gas, as well as water supply and sanitation) of a natural monopoly entity (hereinafter referred to as the SEM) or increasing the volume of regulated services.

To begin with, for obtaining technical conditions and the result of its consideration, with the exception of issuing technical conditions for connecting construction objects to the SEM networks, you need to contact the State Corporation, via the e-government web portal or the SEM office.  When applying for technical conditions, the application is filled in according to the form, and the relevant documents are attached according to the list specified in the Rules.

Необходимо отметить, что при обращении за услугой по выдаче и переоформлению технических условий непосредственно к СЕМ платане взимается, однако при обращении в Государственную корпорацию с потребителя взимается плата за оказание данных услуг.

Based on the results of consideration of your application, the SEM makes one of the following decisions:

1) issues technical specifications;

2) refuses to issue technical specifications.

            The reason for refusal may be:

1) the lack of free and available capacities, capacities, places, throughput capacities of the networks of the 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.

In addition, we additionally inform you that on the official SEM websites (with the exception of low-power SEM) The Department systematically analyzes the work on updating the SEM information in order to inform consumers: about the reserve, availability of free and available capacities, capacities, places, throughput capacities of networks of a natural monopoly entity, the layout of networks or other property used in the provision of regulated services, information about the implementation of the approved investment program, with the exception of information, related to state secrets and other secrets protected by law in accordance with the laws of the Republic of Kazakhstan. And also, additional information about the activities of the SEM to provide regulated services, including entities that do not have their own Internet resources, is posted on the public website of the Committee.

In general, the connection to the power supply, heat supply, gas supply, water supply and sanitation networks consists of the following stages:

1) submitting an application for the issuance of technical conditions for connecting to the SEM networks or increasing the volume of regulated services;

2) consideration of the application for the issuance of technical conditions received through the State Corporation "Government for Citizens", SEM for the completeness of the attached documents, (except for the issuance of technical conditions for the connection of construction objects);

3) consideration of the SEM application of the consumer for the issuance of technical conditions for connecting to the SEM networks or increasing the volume of the regulated service;

4) issuance of SEM technical specifications;

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 SEM networks.

At the same time, it is worth noting that from the moment you submit an application for the issuance of technical conditions for connecting to the SEM networks or increasing the volume of regulated services, with the exception of the issuance of technical conditions for connecting construction objects to the SEM networks, the issuance of SEM technical conditions,including the period for considering your application,is carried out within five working days.

However, when applying for the issuance of technical conditions through a State Corporation, the day of receipt of the application and the day of issuance of the result of its consideration are not included in the term of consideration of the application, thereby the term of consideration of the application may increase, since the term of consideration of the SEM begins from the date of receipt of the SEM application and does not include the day of issuance of the result by the State Corporation.

After the consumer provides information about the completion of the work and readiness to receive the regulated service, the SEM checks the completed work according to the issued technical conditions and readiness to receive the regulated service within two working days from the date of receipt.

Connection to the regulated SEM service is carried out within one working day, if the work performed meets the technical conditions.

In case of non-compliance of the performed works with the technical conditions, the CEM informs the consumer within one working day about the unavailability of the construction object to receive the regulated service. Then the consumer needs to eliminate the detected violations and re-inform about the completion of the work and readiness to receive the regulated service.

Thus, the final result of passing the above stages is the conclusion of an individual contract between the SEM and the consumer for each type of regulated services provided in accordance with standard contracts approved by the authorized body in the field of natural monopolies.

It is necessary to pay attention to the fact that paragraph 10 of Article 24 of the Law of the Republic of Kazakhstan "On Natural Monopolies" when providing access to a regulated service, there are a number of restrictions for which this is prohibited:

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

2) require the submission of permits and other documents of state bodies, non-governmental organizations that are not related to the provision of a regulated service;

3) make other requirements to the consumer, except for compliance with the technical conditions for connecting to the networks of a natural monopoly entity or increasing the volume of regulated services;

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

5) restrict the activity of the consumer to carry 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 connecting to the networks of a natural monopoly entity or increasing the volume of regulated services.

For example, the Department considered consumer complaints about the actions of the KPF of KazTransGas Aimak JSC and conducted an unscheduled inspection, according to the results of which the Department initiated administrative proceedings under part 4 of Article 164 of the Code of the Republic of Kazakhstan "On Administrative Offenses" on the fact of providing unequal access, as well as failure to provide access to the service for transporting commercial gas through distribution pipelines in the form of non-issuance of technical specifications, within the time period established by law.

Further, the initiated administrative case against the KPF of JSC " KazTransGas Aimak "was sent to the Specialized Administrative Court of the city of Kostanay, Kostanay region, according to the results of the consideration of which, by the decision of the court, the KPF of JSC" KazTransGas Aimak " was brought to administrative responsibility with the imposition of an administrative penalty in the form of a fine in the amount of 3,111,360 tenge (this decision has not entered into legal force).

Based on the above, the Department informs that failure to comply with these restrictions provided for by Law may result in a violation of your rights and legitimate interests. In turn, in order to protect the violated rights, the Department takes response measures, so if there are cases of violations of the above norm, you have the right to contact the Department with the attachment of supporting documents.

Chief specialist of the Department for monitoring compliance with legislation and claim work of the RSU "Department of the Committee for Regulation of Natural Monopolies of the Ministry of National Economy of the Republic of Kazakhstan for the Kostanay region"

Atambozova Zh.B. Phone: 8 (7142) 53 52 40.

Author: Zh. B. Atambozova