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

of September 22, 2023 No. 349

About introduction of amendments to 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 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"

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 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" (it is registered in the Register of state registration of regulatory legal acts for No. 16241) the following changes:

be reworded as follows heading:

"About approval of standard forms of contracts of the single purchaser of electrical energy with the power making organizations using renewable energy resources, energy waste recycling, industrial complexes, direct consumers, and skilled consumers";

be reworded as follows Item 1:

"1. Approve:

1) standard form of the purchase agreement the single purchaser of electrical energy 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 of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, the single purchaser of electrical energy to industrial complexes, direct consumers according to appendix 2 to this order;

3) standard form of the sales agreement of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, the single purchaser of electrical energy to skilled consumers according to appendix 3 to this order;

4) standard form of the purchase agreement the single purchaser of electrical energy of electrical energy at the power making organization using energy waste recycling at the auction prices, according to appendix 4 to this order.".

1, of 2, 3 and 4 to the specified order to be reworded as follows appendices according to appendices 1, of 2, 3 and 4 to this order.

2. To provide to department on renewable energy resources 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 official 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), 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.

Appendix 1

to the Order of the acting minister of power industry of the Republic of Kazakhstan of September 22, 2023 No. 349

Appendix 1

to the Order of the Minister of Energy of the Republic of Kazakhstan of December 28, 2017 No. 480

Standard form

The purchase agreement the single purchaser of electrical energy of electrical energy at the power making organization using renewable energy resources at the auction prices No. __________

______________________________________________________________________,
    (specify full name of the single purchaser of electrical energy)

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)

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)

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 "About power industry" (further – the Law);

2) the Law of the Republic of Kazakhstan "About support of use of renewable energy resources" (further – the Law on RES);

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 order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 106 "About approvals 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) (further – Rules of the wholesale market);

5) the order of the Minister of Energy of the Republic of Kazakhstan of March 02, 2015 No. 164 "About approval of Rules of centralized purchase by the single purchaser of electrical energy of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling" (it is registered in the Register of state registration of regulatory legal acts for No. 10662) (further – Rules);

6) the request of the Seller for the conclusion of this agreement (the entering No. _______ from "___" _________ 20 __ years) according to appendix to Rules, purchases by the single purchaser of electrical energy of electrical energy from the power making organization using renewable energy resources at the auction prices (further – the Agreement) as follows signed this agreement.

1. Terms and determinations

1. In this agreement the following basic concepts are used:

1) the auction price – the price of purchase of the electrical energy made by object for use of renewable energy resources, object for energy waste recycling, determined following the results of biddings and which is not exceeding the level of the corresponding marginal auction price the single purchaser of electrical energy;

2) the device of commercial accounting – the technical device intended for commercial accounting of electric power, electrical or heat energy, allowed for use according to the procedure, established by the legislation of the Republic of Kazakhstan;

3) the financial organization – the legal entity performing business activity on provision of financial services;

4) regional dispatch center – the regional dispatch center of the system operator which is quickly subordinated to national dispatch center of the system operator and performing operational and dispatching functions on certain region;

5) the automated system of commercial accounting of electrical energy (further - ASKUE) – set of measuring instruments and the hardware and software for measurements, collection, processing, storage and data transmission of accounting of electrical energy.

Other concepts used in this Agreement are applied according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources (further – RES) and power industry.

2. Subject of the agreement

2. According to the Law the Buyer buys electrical energy of RES for covering of the daily consumption map of electrical energy, taking into account technical expertize of the system operator, from the Seller in volume of its planned leave of electrical energy in network.

The seller will make electrical energy on the following object for use of RES:

1) type/capacity/zone - _________ (according to the list of the power making organizations using RES);

2) the land site (i) on which the object for use of RES – cadastral number is located: – __________, total area of the parcel of land – __________ hectare;

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