ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of December 14, 2018 No. 512

About approval of the Standard agreement about purchase of service in maintenance of readiness of electric power with the subjects of the wholesale market included in the Register of groups of persons

According to the subitem 309 of Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994, I ORDER:

1. Approve the enclosed Standard agreement about purchase of service in maintenance of readiness of electric power with the subjects of the wholesale market included in the Register of groups of persons.

2. To provide to department of realization of state policy in the field of power industry of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Department of Energy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of December 14, 2018, No. 512

The standard agreement about purchase of service in maintenance of readiness of electric power with the subjects of the wholesale market included in the Register of groups of persons

___________________________                                                   "___" ______________ 20 __.

(place of agreement)

_______________________________________________________________________________,

(the name of the power making organization included in the Register of groups of persons

              certificate of state registration, date and body of issue)

on behalf of _________________________________________________________________________,

                                             (position, First name, middle initial, last name)

acting on the basis of the

_______________________________________________________________________________,

                                           (name of the document)

hereinafter referred to as "Subject", on the one hand and

_______________________________________________________________________________,

(the name of the single purchaser, the certificate of state registration, date and body of issue) on behalf of

_______________________________________________________________________________,

                                          (position, First name, middle initial, last name)

acting on the basis of the

_______________________________________________________________________________,

                                  (constituent document of the single purchaser)

hereinafter referred to as "The single purchaser", on the other hand, together also hereinafter referred to as "Parties", and separately "Party", signed this agreement about purchase of service in maintenance of readiness of electric power (further - the Agreement) as follows:

Chapter 1. Basic provisions

1. In this Agreement the following concepts and determinations are used:

1) the certified electric power - the amount of the certified electric powers of power plants by results of the corresponding certifications, in MW;

2) the sheet of working electric powers of generation, technological and technical minima - the document constituted by the System operator on every day of the current and forthcoming settlement period (calendar month) which joins provided by the power making organizations also the values of working electric powers of generation, possible electric powers of generation, technological and technical minima of power plants of the power making organizations approved by the System operator;

3) the generating installation - the device developing electrical energy;

4) certification of electric power of the generating installations - the events held by the system operator which are directed to determination of values of the certified electric power and the certified speeds of increase and reduction of electric power;

5) settlement period - the period determined in the Agreement as the period of time equal to one calendar month from 00-00 o'clock the first day till 24-00 o'clock (Central European time - time of meridian of Greenwich plus one hour) the last day of month for which calculation of service in maintenance of readiness of electric power is made;

6) the system operator – the national company exercising centralized supervisory control, ensuring parallel work with power supply systems of other states, maintenance of balance in single electric utility system of the Republic of Kazakhstan, rendering system services and acquisition of support services at subjects of the wholesale market of electrical energy, and also maintenance and maintenance in operational readiness of national power grid and providing its development;

7) No. 414 is excluded according to the Order of the Minister of Energy of the Republic of Kazakhstan of 25.11.2024

8) complex of commercial accounting - the equipment necessary for commercial accounting located between certain point of commercial accounting and point of connection to the information acquisition device;

9) No. 414 is excluded according to the Order of the Minister of Energy of the Republic of Kazakhstan of 25.11.2024

10) technical minimum – the amount of the minimum admissible electric powers of the generating installations: for condensation, heating, gas turbine and steam-gas power plants - under the terms of ensuring stability of their work according to the relevant passport data, for hydroelectric power stations under the terms of providing, to the set expenses of water of basin inspectorates for regulation of use and protection of water resources of expenses of water, according to article 40 of the Water code of the Republic of Kazakhstan, in MW;

11) technological minimum - the amount of the minimum electric powers of the generating installations (in case of the set level of their thermal loading), in MW;

12) authorized body - the state body performing management in the field of power industry;

13) service in maintenance of readiness of electric power - the service rendered by the power making organizations to the single purchaser in maintenance of readiness of the electric power of the generating installations certified in accordance with the established procedure for execution of loading;

14) the certified speed of reduction of electric power – the average value of speed of reduction of electric power by power plant of the power making organization fixed between time of the beginning of fixing of value of speed of reduction of electric power of generation and time of its termination in MW/minutes;

15) the certified speed of increase in electric power – average value of speed of increase in electric power of the generating installations of power plant of the power making organization between time of the beginning of fixing of value of speed of increase in electric power of generation and time of its termination, in MW/minutes.

Other concepts and determinations used in this Agreement are applied according to the legislation of the Republic of Kazakhstan in the field of power industry.

Chapter 2. Subject of the agreement

2. The subject shall render, and the Single purchaser to buy (to consume) and pay service in maintenance of readiness of electric power (further - service in maintenance) according to this agreement and requirements of the legislation of the Republic of Kazakhstan in the field of power industry.

3. Specifications and characteristics of rendering service in maintenance:

________________________________________________________________________________

(specifications and characteristics of the subject of the agreement are provided in this Item).

4. The price (individual rate) for which the Single purchaser shall pay service in maintenance of the Subject under this agreement (further - contract price) is determined according to Item 12 of article 15-5 of the Law of the Republic of Kazakhstan "About power industry" (further - the Law) and to the subitem 4) of Item 11 of Rules of the organization and functioning of the market of electric power, the approved order of the Minister of Energy of the Republic of Kazakhstan of February 27, 2015 No. 152 (it is registered in the Register of state registration of regulatory legal acts for No. 10612) (further - Rules of the market of capacity).

Contract price is specified in form according to appendix 1 to this Agreement.

5. The amount of service in maintenance which the Subject shall render under this agreement to the Single purchaser (further - contractual amount) is determined according to Rules of the market of capacity and Item 12 of article 15-5 of the Law.

The contractual amount is specified in form according to appendix 1 to this Agreement.

6. The term during which under this agreement the Subject shall render service in maintenance, and the Single purchaser to buy this service (further - contractual term), it is determined according to Rules of the market of capacity and Item 12 of article 15-5 of the Law.

Contractual term is specified in form according to appendix 1 to this Agreement.

7. The maximum value of electric power of own consumption, the maximum electric power of deliveries and the maximum electric power of export of the Subject by years are specified to subjects of the retail market in form according to appendix 2 to this Agreement.

At the same time, if values of the electric powers specified in part one of this Item in appendix 2 to this Agreement of value of these electric powers are already reflected in one of current agreements about purchase of service in maintenance of readiness of electric power of the Subject are not specified.

Chapter 3. Rights and obligations of the Parties

8. The single purchaser shall:

1) timely to pay service in maintenance of the Subject according to this Agreement;

2) without delay to notify the Subject on the change of the name, legal address, the actual location and other details necessary for execution of this Agreement;

3) to perform termination, modification and (or) adjustment in this Agreement according to Rules of the market of capacity;

9. The single purchaser has the right:

1) to perform termination, modification and (or) adjustment in this Agreement according to Rules of the market of capacity;

2) to receive service in maintenance according to this agreement and the legislation of the Republic of Kazakhstan in the field of power industry;

3) at the request of state bodies within their competence to provide information on activities of the Subject in the market of electric power;

4) to demand from the Subject of accomplishment of obligations under this agreement;

5) to address to judicial authorities for the solution of the matters of argument connected with the conclusion and execution of this Agreement.

10. The subject shall:

To support 1) in permanent readiness the electric power of the generating installations which are its part of power plants in the amount equal or exceeding contractual amount;

2) No. 414 is excluded according to the Order of the Minister of Energy of the Republic of Kazakhstan of 25.11.2024

Daily to give 3) to the system operator of the application for participation in regulation on increase and on lowering in the balancing market of electrical energy;

3-1) to perform execution of applications for participation in balancing on increase and on lowering in the balancing market of electrical energy;

4) to support in permanent readiness system of general primary regulation of frequency according to the requirements established by the legislation of the Republic of Kazakhstan in the field of power industry;

5) daily, till 08:00 o'clock the current days (on time of the city of Astana) to provide to the system operator information on values of working electric powers of generation, technological and technical minima of the power plants which are part of the power making organization the forthcoming days of planning (at the same time, within the forthcoming days adjustment of this information single (once a day) in case of conclusion from repair of the generating equipment (on condition of availability of the corresponding request to the system operator on equipment conclusion in repair), and also additional adjustment of this information in case of provision to the system operator of the copy of the order about change of the water mode which arrived within the corresponding days from basin inspectorates for regulation of use and protection of water resources of expenses of water according to article 40 of the Water code of the Republic of Kazakhstan is allowed);

To provide 6) to the system operator telemetric information on the current values of electric powers of generation and leave in network of power plants of the Subject and about the current values of electric power of own consumption of the Subject;

7) daily to provide to the system operator information on the actual hourly values of electric powers of generation and leave in network of power plants of the Subject and about the actual hourly values of electric power of own consumption of the Subject;

8) monthly to fix and provide to the system operator information on the actual hourly values of electric powers of generation and leave in network of power plants of the Subject and about the actual hourly values of electric power of own consumption of the Subject for the previous settlement period (calendar month);

9) to provide availability of measuring complexes of commercial accounting of the electric power with connection to the automated system of commercial accounting of the electric power of the system operator;

10) to allow employees of system operator to devices of commercial accounting for the purposes of removal of indications, check of technical condition of chains of telemetry and systems of commercial accounting;

11) without delay to notify the Single purchaser on the change of the name, legal address, the actual location and other details necessary for execution of this Agreement;

12) not to violate the annual, quarter, monthly schedules of capital and running repairs approved by the system operator power grid, electro - both the heat power equipment, devices of relay protection and automatic equipment, and the antiemergency automatic equipment which is in operational management and maintaining the system operator;

13) not to allow realization (sale) of electrical energy to the power supplying, power transferring organizations and the consumers who are subjects of the wholesale market of electrical energy including to the industrial complexes which do not have contracts with the single purchaser for rendering service in ensuring readiness of electric power for execution of loading;

14) to undergo extraordinary certification of electric power of the generating installations according to Rules of carrying out certification of electric power of the generating installations, approved by the Order of the Minister of Energy of the Republic of Kazakhstan of December 3, 2015 No. 686 (it is registered in the Register of state registration of regulatory legal acts for No. 12489);

15) to provide proper technical condition of distributing devices, the devices of antiemergency automatic equipment located on objects of the Subject, devices and complexes of commercial accounting of the electric power according to the requirements established by the legislation of the Republic of Kazakhstan in the field of power industry;

16) to perform hourly planning of the mode of generation within the technical capability determined by information on values of working electric powers of generation, technological and technical minima of the power plants which are part of the power making organization provided to the system operator for the corresponding days of planning;

17) monthly, to the last date prior to settlement to provide to the system operator information on values of possible electric power of generation on every day of the forthcoming settlement period (calendar month) and to approve this information with the system operator (for the power making organizations which signed with the single purchaser the purchase agreement of service in maintenance of readiness of electric power according to the subitem 6) of Item 11 of Rules of the market of capacity and also for the power making organizations (which part are only the combined heat and power plants performing centralized heat supply of the cities during passing of the autumn and winter period) entering the group of persons included in the register of groups of persons).

11. The subject has the right:

1) to require from Single the purchaser of payment of service in maintenance according to this Agreement;

2) to address to judicial authorities for the solution of the matters of argument connected with the conclusion and execution of this Agreement.

Chapter 4. Payment of service in maintenance

12. The single purchaser pays service in maintenance of the Subject under this agreement monthly, no later than forty five working days after completion of month of rendering this service.

At the same time, from outside Single the purchaser the amount of service in maintenance which is actually rendered by the Subject for settlement period (calendar month) (further - the actual amount of service in maintenance) under this agreement is subject to payment.

The actual amount of service in maintenance is determined by the Single purchaser according to Rules of the market of capacity.

Information on the actual amount of service in maintenance which is subject to payment by the Single purchaser (further - Information), is provided by the Single purchaser Subjektu within twenty working days from the date of completion of the corresponding settlement period (calendar month).

13. The payment of the actual amount of service in maintenance specified in Item 12 of this Agreement is made by the Single purchaser based on the corresponding invoice provided by the Subject for payment and signed by the Parties of the act of the rendered services.

Specified in part one of this Item the invoice it is created by Subjekt based on the relevant information provided by the Single purchaser Subjektu.

14. If the Single purchaser disputes correctness of the exposed invoice, it notifies the subject within ten working days after approval of the actual balance of production consumption of electrical energy in the Republic of Kazakhstan and provides to the Subject the written application with statement of objections. At the same time, the single purchaser shall pay not disputed part of the invoice according to part one of Item 12 of this Agreement.

In case of change of values of the dimensionless coefficients determined by the system operator to consider the term specified in part one from the date of receipt of the notification from the system operator.

In case of change of values of the dimensionless coefficients applied to determination of the actual amount of services in maintenance after implementation by the single purchaser of payment, the Subject shall perform return of earlier paid money to the Single purchaser no later than seven working days from the date of receipt of the written notice from the Single purchaser.

In case of the Subject's disagreement with the changed values of the dimensionless coefficients determined by the system operator, the Subject performs return of money according to part three of this Item, to the dispute resolution with the system operator.

15. Payment by the Single purchaser of the actual amounts of service in maintenance is performed by means of transfer of the corresponding amounts of money for the current account of the Subject on the details specified in this Agreement.

16. In the presence of debt for the previous settlement periods, first of all payment goes for repayment of this debt. If for settlement period the Single purchaser paid to the Subject the amount exceeding the amount specified in the corresponding invoice, the difference of this exceeding automatically is set off in advance payment of the next settlement period.

Chapter 5. Organization of accounting

17. For accounting of electrical energy the Subject uses the confided and sealed up Devices of commercial accounting.

18. When carrying out any kind of the works connected with change or violation of operation of devices of commercial accounting, the Subject before works in writing informs on it the Single purchaser. During repair by the Subject accounting is performed according to the temporary schemes approved with the system operator.

Chapter 6. Responsibility of the parties

19. Under this agreement the Parties bear responsibility according to the legislation of the Republic of Kazakhstan for failure to carry out or inadequate accomplishment of obligations.

20. The subject bears responsibility for provided data under this agreement according to the legislation of the Republic of Kazakhstan.

21. For non-payment of the invoice by the time of approach of payment due date on it, the Subject has the right to charge penalty on the unpaid Single purchaser to the amounts, since the day following behind day of the termination of payment due date. On the overdue amounts the Subject has the right to demand from the Single purchaser of payment of the penalty calculated proceeding from 1,5 of the multiple refunding rate established by National Bank of the Republic of Kazakhstan on the date of the actual execution by the Single purchaser of monetary commitment, for each day of payment delay.

Chapter 7. Force majeure circumstances

22. Force majeure circumstances are determined according to the Civil code of the Republic of Kazakhstan.

23. The parties are exempted from liability for non-execution or improper execution of obligations under this agreement if it was consequence of force majeure circumstances. In this case any of the Parties will not have the right to indemnification. At the same time, any of the Parties is not exempted from the obligations under this agreement arising before force majeure circumstances.

24. If one of the Parties is not able to fulfill the obligations under this agreement within sixty calendar days from the date of approach of force majeure circumstances, other Party has the right to terminate the Agreement.

Chapter 8. Consideration of disputes

25. All disputes or disagreements arising from being of this Agreement are permitted by negotiations of the Parties.

26. If the disputes and disagreements following from this Agreement cannot be resolved by negotiations, then such disputes and disagreements are subject to permission in courts on the location of the Single purchaser according to Article 29 of the Code of civil procedure of the Republic of Kazakhstan.

Chapter 9. Other provisions

27. Settlement between the Parties is under this agreement made in national currency of the Republic of Kazakhstan.

28. The relations of the Parties following from this Agreement and which are not settled by it are regulated by the legislation of the Republic of Kazakhstan in the field of power industry.

29. Information containing in this Agreement is confidential and is not subject to disclosure and/or transfer to the third parties without written consent of the Parties except as specified provided by this Agreement and the cases established by the legislation of the Republic of Kazakhstan.

30. All changes of appendix to this Agreement are valid and are valid only if they are constituted in writing and signed both Parties.

31. This agreement becomes effective from the date of its signing, and is effective before completion of the last year of purchase of service in maintenance specified in appendix 1 to this Agreement.

32. The agreement is constituted in duplicate, in the state and Russian languages, in one copy for each Party. Both copies have equal legal force.

Chapter 10. Legal addresses, bank details and signatures of the Parties

33. Legal addresses, bank details and signatures of the Parties

Name of the Single purchaser Address: Phone: Banking data: _________________ F.I.O. (signature)

Name of the Subject Address: Phone: Banking data: _________________ F.I.O. (signature)

 

Appendix 1

to the Standard agreement about purchase of service in maintenance of readiness of electric power with the subjects of the wholesale market included in the Register of groups of persons Contract price (individual rate), amount and term of purchase of service in maintenance of readiness of electric power of the Subject by years *

Form

№. of payment order	Period, year **	Price (individual rate) of service in maintenance of readiness of electric power including VAT, one thousand tenge (/Mvt*mes)	Amount of service in maintenance of readiness of electric power, MW	Term of purchase of service in maintenance of readiness of electric power, years ***
1	2	3	4	6
1
2
3

Note:

* - numerical parameter values of the table are reflected to within whole;

** - every period from the term of purchase of service in maintenance of readiness of electric power of the Subject it is specified in format: 20 ___.

*** - the term of purchase of service in maintenance of readiness of electric power of the Subject for each its period is specified identical in format: 20 ___ - 20 ___.

Appendix 2

to the Standard agreement about purchase of service in maintenance of readiness of electric power with the subjects of the wholesale market included in the Register of groups of persons

The maximum value of electric power of own consumption, the maximum electric power of deliveries to subjects of the retail market and the maximum electric power of export of the Subject by years. *

Form

№. of payment order	Period, year **	Maximum value of electric power of own consumption, MW	including:	Maximum electric power of deliveries to subjects of the retail market, MW	Maximum electric power of export, MW	The value of electric power of deliveries, maximum in settlement year, to the consumers who are subjects of the wholesale market and entering with the Subject one group of persons included in the Register, MW
			maximum value of electric power of own needs of power plants, MW ***
1	2	3	4	5	6
1
2
3

Note:

* - numerical parameter values of the table are reflected to within whole.

** - the periods shall correspond to the periods reflected in appendix 1 to this Agreement and be specified in format: 20 ___.

*** - the maximum value of electric power of own needs of power plants of the Subject including as the maximum value of electric power of all own needs of power plants of the Subject, and the corresponding maximum value of electric power of all economic and production needs of data of power plants of the Subject.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info