of April 8, 2024 No. 152
About modification and amendments in some orders of the Minister of Energy of the Republic of Kazakhstan
I ORDER:
1. Approve the enclosed list of some orders of the Minister of Energy of the Republic of Kazakhstan to which changes and additions are made (further – the List).
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 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) 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, except for:
1) paragraphs of the eighteenth, nineteenth, thirty first, thirty second, thirty third, thirty fourth, thirty fifth, thirty sixth, thirty seventh, forty fourth, forty fifth, forty sixth, forty seventh, forty eighth, forty ninth, fiftieth, fifty first, fifty second, fifty third Item 1, paragraphs of the eighty second, the eighty third, eighty fourth, eighty Item 2, paragraphs of the nineteenth, twentieth, twenty first, twenty second, twenty third, twenty fourth, twenty fifth, twenty sixth, twenty seventh Item 3, paragraphs of the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh item 4 of the List and Item 2 of appendix 2 to the List which become effective since July 1, 2023;
2) paragraphs of the fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, twenty fifth, twenty sixth, twenty seventh, twenty eighth, twenty ninth Item 2 of the List which become effective since July 1, 2024.
Minister of Energy of the Republic of Kazakhstan
A. Satkaliyev
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It is approved Agency on protection and development of the competition of the Republic of Kazakhstan |
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It is approved Ministry of national economy of the Republic of Kazakhstan |
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Appendix
to the Order of the Minister of Energy of the Republic of Kazakhstan of April 8, 2024 No. 152
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 at No. 10531) the following changes and amendments:
in the Rules of the organization and functioning of the wholesale market of electrical energy approved by the specified order:
be reworded as follows Item 3:
"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.";
be reworded as follows Item 6:
"6. Purchase and sale of electrical energy in the wholesale market of electrical energy is performed by the subjects of the wholesale market of electrical energy included in the list of subjects of the wholesale market of electrical energy. Inclusion in the list of subjects of the wholesale market of electrical energy by the system operator, except for the single purchaser of electrical energy, is performed by means of the conclusion of the relevant agreements according to Item 117 of these rules.";
be reworded as follows Item 11:
"11. Conditional consumers buy electrical energy from the single purchaser of electrical energy at the prices and in the amounts calculated by the single purchaser of electrical energy, according to the procedure, determined by Rules of centralized purchase and sale by the single purchaser of the electrical energy made by objects for use of renewable energy resources, the objects for energy waste recycling approved by the order of the Minister of Energy of the Republic of Kazakhstan of March 2, 2015 No. 164 (it is registered in the Register of state registration of regulatory legal acts for No. 10662) (further – Rules of centralized purchase and sale 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), taking into account share of their planned consumption of electrical energy in the total amount of planned consumption of the republic, except for planned amounts of consumption of subjects of the wholesale market of electrical energy, performing activities for digital mining, the amounts of electrical energy made by the renewable sources which are their part of amounts of the electrical energy acquired by them at the renewable sources which are subjects of the wholesale market of electrical energy, and costs of the single purchaser of electrical energy for purchase of electrical energy from renewable sources and also sign the corresponding purchase and sale agreements of the electrical energy made by the objects using renewable energy resources, using energy waste recycling with the single purchaser of electrical energy in the standard forms approved by the order of the Minister of Energy of the Republic of Kazakhstan of December 28, 2017 No. 480 (it is registered in the Register of state registration of regulatory legal acts No. 16241).";
1) of Item 13 to be reworded as follows the subitem:
"1) perform transfer of electrical energy according to the established regulations of reliability and the quality standards of electrical energy according to the Power grid rules approved by the order of the Minister of Energy of the Republic of Kazakhstan of December 18, 2014 No. 210 (it is registered in the Register of state registration of regulatory legal acts for No. 10899);";
2) of Item 16 to be reworded as follows the subitem:
"2) maintain proper technical condition of electro-and power stations, and the devices of commercial accounting which are in property of consumers fulfill requirements to their technical condition according to the subitem 1) of Item 2 of article 19 of the Law "About Power Industry";";
be reworded as follows Item 17:
"17. All power making organizations perform sale of electrical energy only to the single purchaser of electrical energy and sign the relevant agreements in forms, according to appendices 6, 7 to these rules, and (or) the consumers entering with them one group of persons and sign with them the corresponding purchase and sale agreements of electrical energy according to Item 3-1 of article 13 of the Law.";
5) of Item 22 to be reworded as follows the subitem:
"5) signs the contract of transfer of responsibility with the renewable sources having the long-term agreement of purchase and sale of planned amount of electrical energy signed with the single purchaser of electrical energy in the standard form approved by authorized body, and the renewable sources having the purchase and sale agreements of electrical energy with settlement financial center signed till July 1, 2023 according to the legislation in the field of support of use of renewable energy resources and speaks as their provider of balance at the balancing market of electrical energy according to the Law;";
be reworded as follows Item 26:
"26. For purchase of electrical energy in the wholesale market of electrical energy for operational days, subjects of the wholesale market of electrical energy, except for the single purchaser of electrical energy, subjects of the wholesale market of electrical energy performing activities for digital mining and the suppliers of electrical energy realizing electrical energy to digital mayner in the territory of the Republic of Kazakhstan directly on behalf of the foreign producer and/or the authorized organization determined in the intergovernmental agreement) not later than till 08:00 o'clock (on time of Astana) the days preceding operating rooms submit in system of the balancing market the application for the planned purchase on each contractual supplier in form, according to appendix 1 to these rules, for its inclusion in the daily schedule of production consumption of electrical energy approved by the system operator and sign it the digital signature.
Purchasing requests of conditional consumers regarding the corresponding hour amounts of electrical energy obligatory to purchase for operational days from the single purchaser of electrical energy determined according to Rules of centralized purchase and sale 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 (further – minimum admissible hour purchasing amounts of electrical energy), are created automatically in system of the balancing market in the days preceding operational days and not signed by the digital signature.
Purchasing requests of the subjects of the wholesale market of electrical energy performing activities for digital mining move these subjects in trade system of the operator of the market of centralized trade according to Rules of the organization of the centralized biddings by electrical energy. Following the results of the centralized biddings for digital mayner the operator of the market of centralized trade automatically gives results of centralized torrs for digital mayner to system of the balancing market till 10:15 o'clock (on time of Astana) the days preceding operating rooms. The subjects of the wholesale market of electrical energy performing digital mining and also the suppliers of electrical energy realizing electrical energy to digital mayner in the territory of the Republic of Kazakhstan directly on behalf of the foreign producer give to system of the balancing market of electrical energy of the purchasing request of electrical energy because of limits of Kazakhstan after completion of the biddings for digital mayner, but no later than 11:00 hours (on time of Astana) the days preceding operating rooms).
The purchasing requests of electrical energy which are not signed by the digital signature, except as specified of the these rules provided by the subitem 2) of Item 113, are not accepted in system of the balancing market and do not join in the daily schedule of production consumption of electrical energy.";
be reworded as follows Item 31:
"31. For subjects of the wholesale market of electrical energy giving in system of the balancing market of purchasing requests on two and more operational days ahead according to procedure, stipulated in Item 26 these rules is allowed.
At the same time, these purchasing requests are serially considered and considered in the corresponding daily schedules of production consumption of electrical energy created and approved by the system operator.";
add with Item 31-1 of the following content:
"31-1. Till 20 (twentieth) following for reporting the national dispatch center of the system operator publishes the electronic copy of the approved actual balance in system of the balancing market.";
be reworded as follows Item 35:
"35. The subject of the wholesale market of electrical energy (except for the subjects of the wholesale market of electrical energy performing activities for digital mining) in case of submission of the corresponding purchasing request performs advance payment, no later than 08:00 hours (on time of Astana) the days preceding operational days.
Offsetting of the advance payment which arrived from the third party for the subject of the wholesale market is performed by the Single purchaser of electrical energy during 8 (eight) working hours based on the tripartite supplementary agreement to the corresponding purchase and sale agreement of electrical energy or based on the due written notice from the third party with indication of advance payment amount and subject of the wholesale market for benefit of which the advance payment is performed.";
to be reworded as follows heading of paragraph 5:
"Paragraph 5. Procedure for purchase of electrical energy by the single purchaser of electrical energy from suppliers (producers) of electrical energy of other countries and (or) the authorized organization has (import)";
be reworded as follows Item 45:
"45. Purchase by the single purchaser of electrical energy of planned amounts of electrical energy from suppliers (producers) of electrical energy of other countries and (or) authorized organization (import) in pursuance of intergovernmental (interstate, interdepartmental) agreements (protocols) for the purpose of ensuring barter is performed in priority, by inclusion in the daily schedule according to the subitem 4) of Item 81 of these rules.
Suppliers (producers) of electrical energy of other countries and (or) the authorized organization (import) specified in parts one of this Item, and also amounts, the prices and conditions of purchase from these suppliers (producers) and (or) authorized organization are determined in corresponding intergovernmental (interstate, interdepartmental) agreements (protocols).
The single purchaser of electrical energy performs purchase of electrical energy from suppliers (producers) of electrical energy of other countries and (or) from authorized organization (import) in the amount determined according to Item 84 of these rules and at the prices of these suppliers (producers) and (or) authorized organization.
Suppliers (producers) of electrical energy of other countries and (or) the authorized organization (import) specified in part three of this Item, and also delivery condition (import) are determined in intergovernmental (interstate, interdepartmental) agreements (protocols)) and (or) authorized body.";
3) of Item 46 to be reworded as follows the subitem:
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