RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of October 24, 2022 No. 583

About approval of the Regulations on conditions and procedure of activities for development and delivery of electrical energy with use of renewable energy resources

For the purpose of realization of Items 1, of 4,11 of part of 1 Article 8, of Item 12 of Article 9, of part 2 of article 17 of the Law of the Kyrgyz Republic "About renewable energy resources", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve Regulations on conditions and procedure of activities for development and delivery of electrical energy with use of renewable energy resources, according to appendix.

2. Determine authorized state body by development and support of use of renewable energy resources the Department of Energy of the Kyrgyz Republic.

3. To Department of Energy of the Kyrgyz Republic to take the necessary measures following from this resolution.

4. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the Regulations on conditions and procedure of activities for development and delivery of electrical energy with use of renewable energy resources" of October 30, 2020 No. 525.

5. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

6. This resolution becomes effective after seven days from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of October 24, 2022 No. 583

Regulations on conditions and procedure of activities for development and delivery of electrical energy with use of renewable energy resources

Chapter 1. General provisions

1. This Provision is developed according to the Laws of the Kyrgyz Republic "About power", "About power industry", "About renewable energy resources" and determines conditions and procedure of activities for development and delivery of electrical energy with use of renewable energy resources within the established rates for all types of the energies made with use of renewable energy resources (further - RES).

This Provision which provide tariff preferences extends to new objects with use of RES from the moment of RES installation commissioning.

2. In this Provision the following basic concepts are applied:

1) types of the modes of activities in the field of RES - the modes of development and delivery of the electrical energy made with use of RES (delivery of electrical energy with use of RES in power network, with the raising coefficient, delivery of electrical energy with use of RES on contractual basis, development of electrical energy with use of RES for own needs);

2) delivery of electrical energy with use of RES in power network, with the raising coefficient - activities mode type in the field of RES in case of which delivery by the subject of RES of the electrical energy made with use of the RES installations is performed on the maximum rate for final consumers, using the raising coefficient within grace period according to the Law of the Kyrgyz Republic "About renewable energy resources";

3) delivery of electrical energy with use of RES on contractual basis - activities mode type in the field of RES in case of which delivery by the subject of RES of the electrical energy made with use of the RES installations is performed to the buyer with whom the subject of RES consists in contractual relations according to the Civil code of the Kyrgyz Republic, at the price determined by the parties independently;

4) development of electrical energy with use of RES for own needs - activities mode type in the field of RES in case of which the electrical energy made with use of the RES installations is used in own purposes (for own needs) and rates are not established;

5) Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.01.2023 No. 22

6) the subject of RES - the legal entities, foreign legal entities, individual entrepreneurs (physical persons, including foreign) who expressed intention and/or performing activities in the field of production (all types of the modes), deliveries (sale) of the electrical energy developed with use of RES;

7) object of RES - the technical devices intended for production of electrical and (or) heat energy with use of RES, and constructions, and the infrastructure technologically necessary for operation of object for use of RES and RES which are on balance of the owner of object for use interconnected with them;

8) The RES electric power - the electrical energy developed by the subject of RES with use of RES;

9) RES installation - processing equipment or complex of processing equipment on production or acceptance (obtaining), transformation, accumulation and (or) transfer of the electrical energy made from RES;

10) RES rate - the reduced rate for the RES electric power established by authorized state body on regulation of activities of subjects of fuel and energy complex for the subject of RES according to the legislation of the Kyrgyz Republic in the field of RES;

11) grace period is the time frame calculated from the date of RES installation commissioning, for a period of 15 years;

12) the feasibility statement (further - the feasibility study) - the project documentation containing basic data with the description of the purposes of investment, reasons for investment soundness including: the expected economic, social and (or) commercial effect of functioning of the power station with use of RES, and also, data on the key technical and technological parameters of construction object and calculations with determination of technical and economic indicators of object;

13) the preliminary feasibility statement (further - the prefeasibility study) - intermediate stage between research of opportunities of the project and the detailed feasibility study. The PREFEASIBILITY STUDY differs from the feasibility study in smaller disaggregation of information, depth of consideration of versions of the project and separate aspects of its implementation taking into account additional carrying out functional researches;

14) the design estimates (further - the design and estimate documentation) - the project (project and estimate) documentation containing space-planning, constructive, technology, engineering, nature protection, economic and other solutions, and also estimate calculations for the organization and maintaining construction, engineering training and improvement of the territory;

15) settlement center - the independent organization providing services with use of centralized information analytical system on collection, processing, reliability check, data analysis on overflows and losses of the electric power, creation of balances of the electric power, accomplishment of calculations for all participants of the electrical power market and also for implementation of monitoring of settlement between participants of the electrical power market;

16) microgeneration - production of electricity on site or near the place of its consumption, irrespective of the size, technology or fuel, both out of network, and in parallel with network;

17) object of microgeneration - the facility for production of electrical energy belonging on the property right or other legal cause to the consumer of electrical energy whose power receiving devices are technologically attached to objects of electric grid economy with the level of voltage no more than 1 kV and with the maximum capacity no more than 15 kW if for issue of electrical energy of such object in power network the electric equipment intended for servicing more than one room in the building, including which is part of common property of the apartment house is not used;

18) the register of subjects of RES - single system of the state accounting of subjects of the RES which are subject to state regulation and control.

Chapter 2. Powers of the participants performing activities in the field of power with use of RES

3. Participants of implementation of activities in the field of power with use of RES are:

1) authorized state body on development and support of use of renewable energy resources;

2) authorized state body on regulation of activities of subjects of fuel and energy complex;

3) authorized state bodies in the field of regulation of land legal relationship and local government bodies;

5) the state partners determined by the legislation of the Kyrgyz Republic in the field of public-private partnership;

6) electric utility companies;

7) settlement center;

8) subject of RES.

4. Authorized state body on development and support of use of RES:

1) is performed by accounting and regulation of construction of facilities of RES on the basis of issue of specifications of the electric companies;

2) has the right to reserve the parcels of land for construction of facilities with use of RES;

3) has the right to initiate work of the land commission, to participate by consideration of question of provision of the parcels of land under construction of facilities and use of RES;

4) in case of initiation by authorized state body on development and support of use of RES of the project in construction of the RES installation having the right to make competitive selection on construction of RES installations, to prepare the preliminary feasibility study for the project according to the procedure, established by the legislation of the Kyrgyz Republic in the field of public-private partnership and to address to authorized state bodies in the field of regulation of land legal relationship and local government bodies with the petition for provision of the parcel of land according to the land legislation for construction of RES installations;

5) exercises control of observance of execution of warranty obligations by investors when carrying out tender on construction of facilities and use of RES;

6) has the right to sign the agreement with the subject of RES on intention to invest in asset construction on use of RES;

7) has the right to initiate the procedure of the termination (cancellation) of right to use by the parcel of land in authorized state bodies in the field of regulation of land legal relationship in cases of use of the parcel of land in defiance of its purpose or non-use of the parcel of land provided for asset construction on use of RES, within 3 (three) years, according to the procedure, established by the legislation of the Kyrgyz Republic in the field of land legal relationship;

8) determines electric utility company which will acquire the electrical energy developed with use of RES, including from objects of microgeneration, not consumed by the owner of installation for own needs and not implemented to other consumers on contractual basis;

9) interacts with public water administration and other authorized bodies concerning monitoring and control of target use of the parcels of land allocated for construction of facilities on use of RES;

10) gives legal and organizational aid to subjects of RES when passing reconciliation procedure in state bodies of construction projects of objects for use of RES;

11) exercises monitoring and control of connection of objects with use of RES to power and (or) thermal networks of the power transferring organizations according to the legislation of the Kyrgyz Republic in the field of power;

12) is performed by monitoring of use of RES, way of accounting and the analysis of energy potential of RES, level of their development and share of production of electrical and heat energy in energy total production in the Kyrgyz Republic;

13) is performed by international cooperation in the field of use of RES;

14) performs other functions in the field of RES;

15) Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.01.2023 No. 22

16) Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.01.2023 No. 22

5. Authorized state body on regulation of activities of subjects of fuel and energy complex:

1) is established by action of grace period of projects with use of RES for a period of 15 (fifteen) years;

2) establishes single tariffs for the developed electrical energy bought by electric utility companies from subjects of RES using the raising coefficient.

6. Authorized state bodies in the field of regulation of land legal relationship and local government bodies within their competence according to the procedure, established by the land legislation of the Kyrgyz Republic:

1) consider the application for provision of the parcel of land, including the preliminary feasibility report on RES installation construction;

2) is provided by the parcels of land for construction of RES installations according to requirements of the land legislation of the Kyrgyz Republic;

3) render assistance to the subject of RES in the organization of activities in case of construction of RES installation and carrying out consultations with the public for support of activities of the subject of RES.

7. The state partners determined by the legislation of the Kyrgyz Republic in the field of public-private partnership:

1) in case of project initiation on construction of RES installation prepare the preliminary feasibility study for the project, also local government bodies with the petition for provision of the parcel of land according to the land legislation of the Kyrgyz Republic for construction of RES installations address to authorized state bodies in the field of regulation of land legal relationship and participate in the competitive selection on construction of RES installations according to the procedure established by the legislation of the Kyrgyz Republic in the field of public-private partnership.

8. Electric utility companies:

1) is issued to the subject of RES by specifications on technological accession of RES installation to power networks, including objects of microgeneration, taking into account technical capability of network;

2) sign with the subject of RES the delivery agreement of the RES electric power made by RES installation including with object of microgeneration;

3) render services in transfer of the RES electric power by delivery of the RES electric power by the subject of RES on contractual basis to consumers, including objects of microgeneration, taking into account technical capability of network;

4) when forming dispatching delivery schedules - consumption of electrical energy in power networks of single electric utility system of the Kyrgyz Republic of delivery from the objects using RES are included in them in priority procedure;

5) are recorded installed capacity and amount of the electrical energy developed by RES installations and delivered in network of single electric utility system in the corresponding territory of servicing.

9. The settlement center keeps the automated account of the developed amount of electrical energy (capacity) transmitted to electrical energy to power networks and useful leave of electrical energy according to the data which arrived from the automated system of commercial accounting of the electric power of RES installations.

10. Subject of RES:

1) provides preparation of the preliminary feasibility study, feasibility study for the project and design and estimate documentation, including conducting environmental assessment on the basis of the carried-out environmental impact assessment in case of RES installation construction;

2) Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.01.2023 No. 22

3) is provided by financing and performance of works on designing, construction, connection, start and operation of RES installation, including system of accounting of the electric power with installation of devices of commercial accounting and control commercial accounting of the electric power with possibility of their integration into the automated system of commercial accounting of electrical energy (further - ASKUE) to the electric utility company acquiring the electric power, and centralized system of collection and data processing (further - TsSSOD) settlement center, according to the procedure, established by the legislation of the Kyrgyz Republic, governing the relations in the field of town planning and power;

4) annually provides in authorized state body on regulation of activities of subjects of fuel and energy complex information on forecast and actual amounts of development and leave in network of the RES electric power;

5) incurs all costs on power line construction to point of connection to network on the basis of the issued specifications of electric utility company;

6) is given to authorized state body on development and support of use of renewable energy resources by the statement for inclusion in the Register of subjects of RES and the notification in case of change of information fixed in the Register of subjects of RES.

Chapter 3. Features of implementation of activities of subjects of RES for development and delivery of electrical energy with use of RES

11. Subjects of RES have the right to apply for tariff preference on grace period within the established rates.

12. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.01.2023 No. 22

13. The authorized state body on development and support of use of RES in the presence of the preliminary feasibility study and the parcel of land allocated for it for RES installation construction holds competition on construction of energy RES installations, according to the legislation of the Kyrgyz Republic in the field of public-private partnership.

14. Subjects of RES have the right to perform delivery of the RES electric power developed by them to final consumers, determining the price of the delivered RES electric power on contractual basis.

15. By delivery of electrical energy with use of RES on contractual basis the rate for the RES electric power is determined by the agreement of the parties, without breaking provision of other regulatory legal acts of the Kyrgyz Republic.

16. Purchase from electric utility company by the subject of RES of the electrical energy lacking for covering of scheduled average monthly supply to consumers and own use is performed on the rate established for subjects of RES taking into account the raising coefficient.

The amount of the electrical energy which is bought in addition by the subject of RES in the current settlement period at electric utility company shall not exceed amount of planned average monthly development of electrical energy of these RES installation.

17. The electrical energy developed by subjects of RES is not subject to accumulating, storage, interchange and return in case of its simultaneous development and consumption.

18. The RES electric power which are not consumed by the owner of RES installation for own needs, and also, not implemented to other consumers on contractual basis, shall be acquired by the electric utility company determined by authorized state body by development and the support of use of RES which signed the relevant agreement irrespective of to what networks of electric utility company these RES installation with use of RES are connected.

19. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.01.2023 No. 22

Chapter 4. Stages of implementation of activities for development and delivery of electrical energy with use of RES

20. Activities for development of the RES electric power include the following stages:

1) provision of the rights to the parcels of land for RES installation construction;

2) receipt of specifications on accession to power networks;

3) inclusion of subjects of RES in the Register of subjects of RES;

4) conclusion of the delivery agreement of the RES electric power;

5) training of the design and estimate documentation and feasibility study;

6) construction of RES installation, objects and accession to power networks;

7) acceptance and commissioning of subjects to accession to power networks and RES installation;

8) receipt of necessary licensed and allowing documents for implementation of sales activity of electrical energy;

9) conclusion of the contract with settlement center for rendering services in collection and data processing of accounting of electrical energy.

20-1. Stages of implementation of activities for development and delivery of electrical energy from objects of microgeneration:

1) receipt of specifications on accession to power networks;

2) conclusion of the delivery agreement of RES electrical energy.

Chapter 5. Provision of the right to the parcel of land for construction of the power station with use of RES

21. The parcels of land for construction of RES installations can be provided by authorized state bodies in the field of regulation of land legal relationship or local government bodies, and also authorized institution in the field of RES in property or in use to subjects of RES according to the procedure, provided by the land legislation of the Kyrgyz Republic.

22. The authorized state body on development and support of use of RES for carrying out tender has the right to file petition on provision of the rights to the parcel of land for RES installation construction in the relevant authorized state bodies, local administrations and local government bodies under which authority the parcel of land, according to the procedure, stipulated by the legislation the Kyrgyz Republic in the field of regulation of land legal relationship is.

23. For provision of the parcel of land for construction of RES installation shall be specified in the statement: type and the planned installed capacity of object of RES, the expected place of its arrangement, reasons for the approximate area of the parcel of land and type of the asked right to it. The prefeasibility study for the construction project of RES installation and provisional estimate of impact on the environment shall be enclosed to the application.

24. PREFEASIBILITY STUDIES for the construction project of RES installation, and also, provisional estimate of impact on the environment are independently prepared by the subject of RES with involvement of the physical persons and legal entities having the right to implementation of the corresponding types of activity according to the legislation of the Kyrgyz Republic in the field of licensed authorization system.

Chapter 6.

Voided according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.01.2023 No. 22

Chapter 7. Establishment of rates for delivery of the electrical energy developed with use of RES and grace period of RES installation

40. Tariff preferences affect the developed electrical energy bought by electric utility companies from subjects of RES within the established single tariffs.

41. Review of rates for the developed electrical energy bought by electric utility companies from subjects of RES is made depending on change of size of the maximum rate for electrical energy for the final consumers established by tariff policy on electrical energy.

42. Increase in the existing capacity of subjects of RES, does not involve change of terms of grace period.

Chapter 8. The conclusion of the delivery agreement of the electrical energy developed with use of RES

43. Subjects of RES to whom tariff preference using the raising coefficient within the established rates extends file petition for the conclusion of the delivery agreement of the RES electric power in electric utility company determined by authorized state body by development and support of use of RES irrespective of to what networks of electric utility company these RES installation with use of RES are connected.

44. Copies of the following documents are attached to the statement for the conclusion of the delivery agreement of the electrical energy developed on RES installation:

1) copies of title and right certifying documents on the parcel of land;

2) the order of authorized state body on regulation of activities of subjects of fuel and energy complex about establishment of the corresponding rate;

3) title and right certifying documents of the subject of RES.

By incomplete provision of documents, provision of the doubtful documents or documents processed with corrections, to the applicant the inquiry is sent for provision of missing data or documents. In this case the statement is registered in date of provision of all necessary documents.

45. The electric utility company and the subject of RES sign the delivery agreement of the RES electric power no later than 20 (twenty) working days from the date of obtaining from the subject of RES of all necessary documents.

Unreasonable refusal in the conclusion of the agreement or its delay can be appealed according to the legislation of the Kyrgyz Republic on administrative activities and ministerial procedures.

 

Chapter 8-1. Maintaining Register of subjects of RES

45-1. Maintaining the Register of subjects of RES is performed by authorized state body on development and support of use of RES for the purpose of providing assessment and the statistical recording of the electrical energy developed with use of RES. The register of subjects of RES is official source for monitoring, is kept on paper and in electronic format in form according to appendix to this Provision.

45-2. In the Register of subjects of RES the following data are specified:

1) number of the subject of RES in the Register of subjects of RES;

2) for legal entities - the complete and reduced (in the presence) name, form of business of the legal entity, legal address and the actual location, tax ID number;

3) for the foreign legal entity - the complete and reduced (in the presence) name, form of business of the legal entity, legal address and the actual location, tax ID number, the statement from the state register or other document, which shall be apostilled, confirmatory that this legal entity is the acting legal entity by the legislation of the country. Documents are filed with notarized transfer into the state and/or official languages;

4) for individual entrepreneurs (physical persons, including foreign):

for physical persons:

- surname, name, middle name (in the presence) physical person, place of registration and actual accommodation, data of the identity document, personal identification number (PIN);

for the foreign physical person:

- surname, name, middle name (in the presence) physical person, place of registration and the actual accommodation, personal identification number according to the identity document, other documents and their notarized transfers into the state and/or official languages;

5) location of object of RES with exact coordinates;

6) type and capacity of the planned RES installation;

7) installed capacity of object of RES;

8) number of specifications and electric power supply agreement;

9) contact telephone number and e-mail address of the applicant.

45-3. The register of subjects of RES is open information and is subject to obligatory placement on the official website of authorized state body on development and support of use of RES.

45-4. For inclusion in the Register of subjects of RES the applicant submits the application.

45-5. Copies of the following documents are enclosed to the application:

1) the certificate on state registration and the charter - for the legal entity;

2) the identity document, - for physical person;

3) the statement from the state register (apostilled) or other document certifying that this legal entity is the acting legal entity by the legislation of the country, with notarized transfer into the state and/or official languages - for the foreign legal entity;

4) the identity document, with notarized transfer into the state and/or official languages - for the physical foreign person;

5) the certificate on state registration as the individual entrepreneur - for individual entrepreneurs.

45-6. Inclusion in the Register of subjects of RES is made within ten working days from the date of filing of application.

In case of incomplete or wrong filling of the statement or not completely enclosed documents to the applicant the inquiry is sent for provision of missing data or documents, within three working days from the date of receipt of the statement. In this case the statement is registered date of provision of all necessary documents.

Unreasonable refusal in inclusion in the Register of subjects RES or its delay can be appealed by the applicant according to the legislation of the Kyrgyz Republic on administrative activities and ministerial procedures.

45-7. Changes of data on activities of the subject of the RES which are subject to entering into the Register shall be brought by subjects of RES to the attention of authorized state body on development and support of use of RES by the written notice during one calendar month from the date of emergence of the basis for change.

Chapter 9. Training of the design and estimate documentation and feasibility study

46. Training of the design and estimate documentation is performed according to Regulations on procedure for issue of documents for designing, construction and other changes of the real estate objects and assessment of conformity put into operation completed by the construction of facilities in the Kyrgyz Republic approved by the Cabinet of Ministers of the Kyrgyz Republic of August 6, 2021 No. 114.

47. When training the design and estimate documentation on RES installation construction with use of RES the complete environmental impact assessment is carried out. The environmental impact assessment and environmental assessment of the project on construction of RES installation is carried out according to the nature protection legislation of the Kyrgyz Republic.

48. Feasibility studies for the construction project of RES installation, are prepared by the subject of RES with involvement of the physical persons and legal entities having the right to implementation of the corresponding types of activity in accordance with the established procedure.

Chapter 10. Construction of installations with use of RES and accession to power networks

49. The construction and commissioning of RES installations is performed according to regulations of the town-planning legislation of the Kyrgyz Republic and Regulations on procedure for issue of documents for designing, construction and other changes of the real estate objects and assessment of conformity put into operation completed by the construction of facilities in the Kyrgyz Republic approved by the Cabinet of Ministers of the Kyrgyz Republic of August 6, 2021 No. 114.

50. Technological accession to power networks is performed according to the Rules of technological accession of the generating sources, power networks of the electrodistribution organizations and electroinstallations of consumers to power networks approved by the Government of the Kyrgyz Republic of March 29, 2018 No. 169.

Chapter 11. Acceptance and commissioning of object of RES

51. The appraisal report of the compliance put into operation completed by asset construction is the basis for commissioning of object of RES.

52. The subject of RES after commissioning of object of RES notifies authorized state body on regulation of activities of subjects of fuel and energy complex on results of the activities (quantity of the developed and realized electrical energy, with breakdown on buyers) following the results of half-year.

Chapter 12. Licensed and allowing documents for implementation of activities for delivery of the electrical energy developed with use of RES

53. Subjects of RES for implementation of the licensed type of activity in the field of RES, shall receive in authorized state body on regulation of activities of subjects of fuel and energy complex the corresponding license.

54. The procedure and conditions of issue of licenses to subjects of RES are determined according to the legislation of the Kyrgyz Republic in the field of licensed authorization system.

Chapter 13. Obligations of producers of energy with use of RES and producers of RES installations

55. Producers of energy with use of RES and producers of RES installations shall:

1) to observe requirements of the legislation in the field of power and RES, and also the legislation regulating ecological and industrial safety;

2) to observe technical regulations, regulations and rules of use of RES in case of energy production with use of RES and RES installations;

3) to perform activities for installation construction with use of RES within 3 (three) years from the moment of receipt of the parcel of land.

Appendix 1 voided according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.01.2023 No. 22

Appendix 2 voided according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 19.01.2023 No. 22

 

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