ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2023 No. 249

About introduction of amendments to the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 106 "About approval of Rules of the organization and functioning of the wholesale market of electrical energy"

I ORDER:

1. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 106 "About approval of Rules of the organization and functioning of the wholesale market of electrical energy" (it is registered in the Register of state registration of regulatory legal acts for No. 10531) the following changes:

state preamble in the following edition:

"According to the subitem 9) of Article 5, the subitem 1) of Item 1 of Article 9-4, subitems 1), 2), 6), 8), 9), 10), 12), 13) of Item 3, of Items 4, of 5, of the 7th article 19-1 of the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" I ORDER:";

The rules of the organization and functioning of the wholesale market of electrical energy (further – Rules) approved by the specified order to be reworded as follows according to appendix to this order.

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;

3) 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) 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 day of its first official publication, except for Item paragraph two 3, of Items 4, of 8, of 10, of 11, of 12, of 18, of 19, of 20, of 23, of 24, 25, subitem 2) Item 32of , Items 33, of 34, of 41, of 42, of 43, of 44, of 53, of 54, of 89, of 90, of 95, of 96, of 97, of 98, of 100, of 101, of 111, of 112, of 116, of 120 Rules and appendix 3 to Rules which become effective since July 1, 2023.

Appendix

to the Order of the Minister of Energy of the Republic of Kazakhstan of June 30, 2023 No. 249

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 106

Rules of the organization and functioning of the wholesale market of electrical energy

Chapter 1. Introduction. Terms and determinations

1. These rules of the organization and functioning of the wholesale market of electrical energy (further – Rules) are developed according to the subitem 9) of article 5 of the Law of the Republic of Kazakhstan "About power industry" (further – the Law) and determine procedure for the organization and functioning of the wholesale market of electrical energy in case of the single purchaser of electrical energy, purchase of electrical energy by the single purchaser of electrical energy from the power making organizations and at suppliers (producers) of electrical energy of other countries, sale of electrical energy by the single purchaser of electrical energy to internal subjects of the wholesale market and to consumers of other countries, determinations by the single purchaser of electrical energy of the forecast prices of sale of electrical energy, implementation by the single purchaser of electrical energy of targeted support for consumers of the wholesale market by differentiation of rates, calculation with the single purchaser of electrical energy of the prices and purchasing amounts of electrical energy conditional consumers and skilled consumers at the single purchaser of electrical energy, distribution by the single purchaser of electrical energy of costs for support of use of renewable energy resources, determination of hour rates to limiting rates for electrical energy, procedure and payment due dates to the single purchaser of electrical energy of the purchased electrical energy subjects of the wholesale market of the electric power procedure and payment due dates the single purchaser of the electrical energy purchased from the power making organizations and renewable sources of electrical energy, the mechanism of determination of quota for electrical energy for digital mayner, cases and procedure for the conclusion by the single purchaser of electrical energy of contracts for transfer of electrical energy with the power transferring organizations and payments of service in transfer of electrical energy.

2. In these rules the following basic concepts are used:

1) the list of receivers of targeted support – the list created by authorized body in the field of natural monopoly which joins the subjects of the wholesale market of electrical energy which are the guaranteeing suppliers of electrical energy to whom the individual prices of purchase of electrical energy from the single purchaser of electrical energy are applied;

2) the basic price – the price at which the single purchaser of electrical energy at the corresponding o'clock sells electrical energy to the subjects of the wholesale market of electrical energy which are not performing activities for digital mining and are not included in the list of the receivers of targeted support, and also to subjects of the wholesale market of electrical energy who are conditional consumers;

3) settlement financial center on support of renewable energy resources (further – settlement financial center) – the legal entity determined by authorized body, being the party of purchase and sale agreements of the electrical energy made by objects for use of renewable energy resources and objects for energy waste recycling according to the legislation of the Republic of Kazakhstan existing till July 1, 2023;

4) costs for support of use of renewable energy resources – costs of the single purchaser for purchase of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, costs for services in the organization of balancing of production consumption of electrical energy, the costs incurred in the balancing market of electrical energy (less the income) the costs for forming of reserve fund and costs connected with implementation of its activities;

5) the mayningovy price – the price determined by results of the centralized biddings by electrical energy for digital mayner on which the subject of the wholesale market of electrical energy performing activities for digital mining at the corresponding o'clock buys electrical energy from the single purchaser of electrical energy;

6) transaction price – the price of electrical energy determined during the centralized biddings by electrical energy for the power making organizations on which the subject of the wholesale market of electrical energy at the corresponding o'clock sells electrical energy to the single purchaser of electrical energy;

7) system of the balancing market – the hardware and software intended for giving by subjects of the wholesale market of electrical energy of purchasing requests and requests for sale, forming of the daily schedule of production consumption of electrical energy, determination of amounts of the centralized biddings by electrical energy for digital mayner, determination of amounts of the centralized biddings by electrical energy for the power making organizations, introduction of the adjustments of the approved daily schedule, forming of the actual values of production consumption of electrical energy of subjects of the wholesale market of electrical energy, calculation of hourly imbalances of electrical energy, calculation of the hourly prices of purchase and sale of electrical energy approved by the system operator in the wholesale market of electrical energy, and also hourly purchase prices (sale) of the balancing electric power and purchase (sale) of negative imbalances;

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

9) service in transfer of electrical energy in national power grid – the service rendered by the system operator to the subjects of the wholesale market of electrical energy exporting and importing electrical energy and the organizations of other states for amount of interstate transit of electrical energy, to the organizations entering group of persons performing transfer of electrical energy on national power grid for the objects which are part of data of the organizations, and subjects of the wholesale market and also to conditional consumers;

10) service for use of national power grid – the service in ensuring maintenance and maintenance in operational readiness of national power grid relating to the sphere of transfer of electrical energy according to the legislation on natural monopolies, rendered by the system operator to subjects of the wholesale market of electrical energy except for of the conditional consumers and legal entities who are part of groups of persons when implementing by them purchase of transaction of purchase and sale of electrical energy by them at the single purchaser of electrical energy and implementation of transactions of purchase and sale of the balancing electrical energy, and negative imbalances with settlement center of the balancing market of electrical energy;

11) the centralized biddings by electrical energy for digital mayner – the centralized auction by electrical energy held by the operator of centralized trade in which the subjects of the wholesale market of electrical energy performing activities for digital mining participate;

12) the conditional consumer – the wholesale consumer acquiring electrical energy at the power making organizations entering with him one group of persons, industrial complex and the skilled consumer determined according to the Law of the Republic of Kazakhstan "About support of use of renewable energy resources";

13) the single purchaser of electrical energy – the legal entity about hundred percentage state participation determined by authorized body, performing centralized purchase and centralized sale of planned amounts of electrical energy;

14) the purchase and sale agreement of electrical energy – the contract signed between subjects of the wholesale market of electrical energy for purchase (sale) of planned amounts of electrical energy;

15) the daily schedule of production consumption of electrical energy – the document created and approved by the system operator reflecting planned hourly sizes of production and consumption of electrical energy for operational days of subjects of the wholesale market of electrical energy;

16) the retail market of electrical energy – the system of relations functioning on the basis of contracts of electric utility service between the power supplying organizations included in the list of subjects of the wholesale market of electrical energy created by the system operator, and subjects of the retail market of electrical energy;

17) subjects of the retail market of electrical energy are consumers of electrical energy and the power transferring organizations which are not included in the list of subjects of the wholesale market of electrical energy created by the system operator;

18) the wholesale market of electrical energy – the system of the relations connected with purchase and sale of planned amounts of electrical energy, functioning on the basis of purchase and sale agreements of electrical energy between subjects of the wholesale market of electrical energy;

19) the subjects of the wholesale market of electrical energy which - are power making, power transferring, power supplying the organizations which are power making the organizations using the renewable energy resources which are power making the organizations using the secondary energy resources which are power making the organizations using energy waste recycling, the consumers of electrical energy and digital mayner included in the list of subjects of the wholesale market of electrical energy created by the system operator and also the system operator, the operator of the market of centralized trade and the single purchaser of electrical energy;

20) centralized trade by electrical energy – the process directed to the conclusion of transactions of purchase and sale of electrical energy, performed between the power making organizations and the single purchaser, and also between the single purchaser and digital mayner in electronic system of the operator of the market of centralized trade;

21) the power making organization – the organization performing production of electrical and (or) heat energy for own needs and (or) realization, except for individual consumers of electrical and (or) heat energy and net - the consumers of electrical energy who are those according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources;

22) the centralized biddings by electrical energy for the power making organizations – the centralized auction by electrical energy held by the operator of centralized trade in which the subjects of the wholesale market of electrical energy performing sale of electrical energy participate;

Other terms and determinations used in these rules are applied according to the legislation of the Republic of Kazakhstan in the field of power industry.

Chapter 2. General provisions

Paragraph 1. General provisions of the wholesale market of electrical energy

3. The wholesale market of electrical energy represents system of the relations connected with purchase and sale of planned amounts of electrical energy which functions on the basis of purchase and sale agreements of electrical energy between subjects of the wholesale market of electrical energy.

Subjects of the retail market of electrical energy do not perform purchase and sale of electrical energy in the wholesale market of electrical energy.

4. The power making organizations power making the organizations which are using renewable energy resources and power making the organizations using the secondary energy resources which are power making the organizations using energy waste recycling perform sale of electrical energy in the wholesale market of electrical energy (subjects of the wholesale market of electrical energy).

At the same time the power supplying organizations perform sale of electrical energy in the retail market of electrical energy (subjects of the retail market of electrical energy).

5. Amount of the purchased (sold) electrical energy in the wholesale market of electrical energy according to all purchase and sale agreements of electrical energy signed by subjects of the wholesale market of electrical energy is the planned amount of purchase and sale of electrical energy included in the daily schedule of production consumption of electrical energy approved by the system operator (taking into account the adjustments provided by these rules).

6. For purchase (sale) of electrical energy in the wholesale market of electrical energy, the corresponding legal entity at first provides the inclusion in the list of subjects of the wholesale market of electrical energy created by the system operator according to these rules.

Paragraph 2. General provisions for buyers of electrical energy in the wholesale market of electrical energy

7. Subjects of the wholesale market of electrical energy perform purchase of electrical energy only from the single purchaser of electrical energy and sign the relevant agreement in form, according to appendix 5 to these rules and (or) at the power making organizations entering with them one group of persons and (or) at the power making organizations using renewable energy resources and sign with them the corresponding purchase and sale agreements of electrical energy.

At the same time, the system operator in the absence of technical capability of implementation of purchase of electrical energy for technological and production needs of national power grid at the single purchaser of electrical energy in consequence of the isolated work from single electric utility system of the Republic of Kazakhstan (further – EEC of RK), acquires the electric power because of limits of the Republic of Kazakhstan at the suppliers of electrical energy realizing electrical energy in the territory of the Republic of Kazakhstan directly on behalf of the foreign producer.

8. The power supplying organizations perform purchase of electrical energy for the purpose of power supply of the consumers at the single purchaser of electrical energy and (or) at net - consumers.

At the same time the power supplying organizations in the absence of technical capability of implementation of delivery to consumers of electrical energy from the single purchaser of electrical energy and (or) from the power making organizations using renewable energy resources in consequence of the isolated work from EEC of RK acquire the electric power because of limits of the Republic of Kazakhstan at the suppliers of electrical energy realizing electrical energy in the territory of the Republic of Kazakhstan directly on behalf of the foreign producer for the purpose of power supply of consumers.

9. The power supplying organizations, the power transferring organizations and the consumers who are subjects of the wholesale market of electrical energy except for of the organizations of other states performing interstate transit of electrical energy sign with the system operator the service provision agreement for use of national power grid.

10. The subjects of the wholesale market of electrical energy performing activities for digital mining perform purchase of electrical energy because of limits of the Republic of Kazakhstan or at the single purchaser of electrical energy.

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