ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of April 7, 2021 No. 123

About modification and amendments in the Order of the Minister of Energy of the Republic of Kazakhstan of December 28, 2017 No. 480 "About approval of standard forms of contracts of settlement financial center with the power making organizations using renewable energy resources, conditional consumers and skilled conditional consumers"

I ORDER:

1. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of December 28, 2017 No. 480 "About approval of standard forms of contracts of settlement financial center with the power making organizations using renewable energy resources, conditional consumers and skilled conditional consumers" (it is registered in the Register of state registration of regulatory legal acts for No. 16241) the following changes and amendments:

state heading in the following edition:

"About approval of standard forms of contracts of settlement financial center with the power making organizations which are using renewable energy resources, energy waste recycling, the power making organizations performing production and leave in network of flood electrical energy, conditional consumers and skilled conditional consumers";

state Item 1 in the following edition:

"1. Approve:

1) standard form of the purchase agreement settlement financial center of electrical energy at the power making organization using renewable energy resources at the auction prices, according to appendix 1 to this order;

2) standard form of the sales agreement settlement financial center to conditional consumers of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, and flood electrical energy according to appendix 2 to this order;

3) standard form of the sales agreement settlement financial center to skilled conditional consumers of the electrical energy made by the power making organizations using renewable energy resources, energy waste recycling and flood electrical energy according to appendix 3 to this order;

4) standard form of the purchase agreement settlement financial center of electrical energy at the power making organization using energy waste recycling at the auction prices, according to appendix 4 to this order;

5) standard form of the purchase agreement settlement financial center of electrical energy at the power making organization performing production and leave in network of flood electrical energy for limiting rates, according to appendix 5 to this order.";

in standard form of the purchase agreement settlement financial center of electrical energy at the power making organization using renewable energy resources at the auction prices approved by the specified order:

state preamble in the following edition:

"                            №_____________

___________________________                    ____ __________ 20 ___ years
  (place of agreement)          

__________________________________________________________________________,
          (specify full name of settlement financial center)

registered to the address: Republic of Kazakhstan,

__________________________________________________________________________,
                         (specify legal address)

business identification number: __________________________________________,

on behalf of ___________________________________________________________________,
             (specify position and surname, name, middle name (in case of its availability)

acting on the basis of the ________________________________________________,
                               (specify the basis of emergence of powers)

referred to as further "Buyer", on the one hand, and _________________________,
                                   (specify full name of the organization)

registered to the address: ____________________________________________,
                                         (specify the location)

business identification number: __________________________________________,

in лице____________________________________________________________________,
           (specify position and surname, name, middle name (in case of its availability)

acting on the basis of the ________________________________________________,
                              (specify the basis of emergence of powers)

hereinafter referred to as "Seller", on the other hand, jointly referred to as

"Parties", and separately "Party", in view of:

1) the Law of the Republic of Kazakhstan of July 4, 2009 "About support of use of renewable energy resources" (further - the Law);

2) the order of the Minister of Energy of the Republic of Kazakhstan of March 2, 2015 No. 164 "About approval of Rules of centralized purchase and sale by settlement financial center of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, and flood electrical energy, recalculation and redistribution of respective share of electrical energy by settlement financial center on the skilled conditional consumer following the results of calendar year" (it is registered in the Register of state registration of regulatory legal acts for No. 10662) (further - Rules);

3) the order of the Government of the Republic of Kazakhstan of March 27, 2014 No. 271 "About approval of Rules of determination of flat fares and the marginal auction prices" (further - Rules of determination of flat fares and the marginal auction prices);

4) the request of the Seller for the conclusion of this agreement (the entering No. _______ from "___" _________ 20 __ years) according to appendix to Rules;

5) intention of the Seller to sell to the Buyer the electrical energy made by object for use of renewable energy resources (further - RES), at the auction price, purchases of electrical energy (further - the Agreement) as follows signed this agreement.";

7) of Item 1 to state the subitem in the following edition:

"7) national dispatch center of the system operator (further - NDTs WITH) - the division entering into structure of the system operator, which is responsible for operational management by single electric utility system of the Republic of Kazakhstan and reliability of its work including balancing and quality assurance of the electric power;";

state Items 3 and 4 in the following edition:

"3. At the price of electrical energy under the Agreement the auction price which constitutes _____ (__________) for 1 (one) kilowatt hour of electrical energy excluding tax on value added is. Annual indexation of the auction price is carried out according to the procedure, established by Rules of determination of flat fares and the marginal auction prices.

4. Change of size of the auction price as a result of its indexation or procedure for indexation of the auction price, is drawn up by signing of the supplementary agreement to the Agreement with indication of the start date of application of corresponding changes determined according to Rules of determination of flat fares and the marginal auction prices.";

state Item 7 in the following edition:

"7. Financial settlement of imbalances of electrical energy from objects for use of RES, including power plant, is performed by the Buyer according to the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 112 "About approval of Rules of functioning of the balancing market of electrical energy" (it is registered in the Register of state registration of regulatory legal acts for No. 10532).";

state Item 11 in the following edition:

"11. The seller shall:

1) monthly to provide to the Buyer information on the actual daily amounts of development, leave in network of electrical energy no later than the fifth following after month of delivery;

2) monthly no later than the fifth following after month of delivery to provide to the Buyer the reconciliation statement of amounts and the invoice for the actual amount of the electrical energy delivered in power networks;

3) annually from January 1 to January 31 to carry out reconciliation of settlement for last financial year to the period;

4) monthly to provide to settlement financial center information on forecast amounts of development, leave in network of electrical energy in ten calendar days prior to month of delivery;

5) annually by November first to send information on forecast amounts of development, leave to networks of electrical energy the forthcoming year with breakdown on months;

6) in case of agreement cancelation on own initiative, in writing to notify the Buyer a month before expected date of termination;

7) without delay to notify the Buyer on the change of the name, legal address, the actual location and other details necessary for execution of terms of the contract;

8) prior to commercial operation of object for use of RES to provide functioning of ASKUE on the object for use of RES. ASKUE shall have possibility of remote data transmission in regional dispatch centers of the system operator;

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