I.O'S ORDER. MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2021 No. 161

About approval of Rules of the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation

According to the subitem 279) 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 Rules of the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation.

2. To provide to development department 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) placement of this order on Internet resource of the Department of Energy of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan representation in Department legal services of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) 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 Acting minister of power industry of the Republic of Kazakhstan of April 30, 2021 No. 161

Rules of the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation

Chapter 1. General provisions

1. These rules of the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation (further – Rules) are developed according to the subitem 279 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 (further – the Provision), and determine procedure for the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation.

2. In these rules the following main terms and determinations are applied:

1) the bank guarantee – the written instrument processed according to the Rules of issue of bank guarantees and guarantees approved by the resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2017 No. 21 (it is registered in the Register of state registration of regulatory legal acts for No. 14915) (further – Rules of issue of bank guarantees and guarantees), and the bank issued by bank to the client (person debtor) based on its statement for benefit of the third party (person creditor), according to which shall pay limited amount of money to the third party (person creditor) on the conditions specified in it;

2) the beneficiary – person for benefit of whom the payment and (or) money transfer are made;

3) person debtor – the legal entity at the request of whom the emitting bank issues the bank guarantee or the reserve letter of credit for benefit of the beneficiary;

4) unilateral auction - the form of the organization of biddings directed to determination of the winner and applicant for the winner (further - the applicant), by consecutive selection of requests of participants of biddings from the ranged participant list of biddings;

5) the single purchaser – the legal entity determined by authorized body, performing centralized purchase of service in maintenance of readiness of electric power and centralized rendering service in ensuring readiness of electric power for execution of loading according to the procedure, provided by the Law of the Republic of Kazakhstan "About power industry" (further – the Law);

6) the register of winners of biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation – the document created by the organizer of biddings following the results of all biddings and confirming results of the held biddings;

7) individual rate for service in maintenance of readiness of electric power in case of construction of the generating installations which are again put into operation with the maneuverable mode of generation - the rate determined following the results of biddings, which is subject in need of annual indexation, in the period of construction on the rate of inflation determined by data of authorized body in the field of the state statistics, or annual indexation according to the procedure, determined by authorized body, on amount of the attracted loan financing in foreign currency taking into account change of the exchange rate of national currency to foreign currencies determined by data of National Bank of the Republic of Kazakhstan;

8) biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation (further – biddings) – the process organized and which is carried out by the organizer of biddings in electronic system on the basis of auction, directed to selection of projects on construction of the generating installations which are again put into operation with the maneuverable mode of generation and determination of their individual rates for service in maintenance of readiness of electric power;

9) the participant of biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation – the legal entity who was registered by electronic system of the organizer of biddings and received participant status of biddings;

10) the organizer of biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation (further – the organizer of biddings) – the legal entity, more than fifty percent of shares (share in the authorized capital) which belong to the state and persons affiliated with it, determined by authorized body, performing according to the procedure, provided by this Law, the organization and carrying out biddings;

11) 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;

12) the commission – the commission created by authorized body in the field of power industry (further – authorized body) from among at least 9 people, consisting of the representatives of authorized body interested state bodies, National chamber of entrepreneurs of the Republic of Kazakhstan and accredited associations of subjects of private entrepreneurship, the system operator, single purchaser and organizer of biddings, for the purpose of decision making, connected with the organization and carrying out the biddings performed by the organizer of biddings;

13) financial provision – financial resources in the form of the bank guarantee or the reserve letter of credit;

14) the applicant – the legal entity planning participation in biddings;

15) the reserve letter of credit – the obligation of bank to pay to advantage of the beneficiary according to the letter of credit the amount on approach of case of non-execution by person debtor of obligations to the beneficiary (the reserve letter of credit is issued on the SWIFT system);

16) trading session – process during which submission of requests by participants of biddings, determination of rate of biddings is performed and is created the register of winners of biddings;

17) the consumers included in the Register of groups of persons – the subjects of the wholesale market which are in the Register of groups of persons created and placed on official Internet resource of authorized body, consisting of number of the power making organizations and consumers, according to the Rules of forming and maintaining the Register of groups of persons approved by the order of the Minister of Energy of the Republic of Kazakhstan of December 10, 2018 No. 489 (it is registered in the Register of state registration of regulatory legal acts for No. 17923);

18) authorized body – the state body performing management in the field of power industry;

19) 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;

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