LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 8, 2024 No. 121-VIII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning heat-and-power engineeering, power industry and regulated services

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015:

1) in Article 124-5:

in Item 2 of the word "in subitems 1) and 3)" shall be replaced with words "in the subitem 1)";

in paragraph one of Item 3 of the word "in subitems 1) and 3)" shall be replaced with words "in the subitem 1)";

2) in Article 129:

"8," to add Item 2 after figure with figures "8-1,";

add with Item 8-1 of the following content:

"8-1. Action of this Chapter, except for Items 1, 2 and 3 articles 131, of articles 131-1, 144-4 and 157 of this Code, do not extend to the state control in the area:

1) power industry regarding operation and technical condition of the energy equipment, the power making organizations (except for renewable energy resources), the power transferring organizations and the system operator;

2) heat-and-power engineeering regarding operation and the technical condition of the heat supply facilities heatmaking and heattransporting subjects.";

"6," to add Item 17 part one after figure with figures "8-1,";

"6," to add Item 19 part one after figure with figures "8-1,";

Article 138 to add 3) with subitem 1-1) of the following content:

"1-1) in the field of heat-and-power engineeering;";

4) in Item 1 of Article 165:

1) to add the subitem with words ", for the national companies the right to dispose of at least than forty percent of total quantity of the voices falling on voting shares (shares in the authorized capital, shares) this subject of the market is allowed";

9) to add the subitem with words ", for the national companies the right to dispose of at least than forty percent of total quantity of the voices falling on voting shares (shares in the authorized capital, shares) this subject of the market is allowed";

Article 324 to add 5) with Item 10-1 of the following content:

"10-1. Determine that Items 2 and 3 of Article 124-5 are effective till January 1, 2025.".

2. In the Code of the Republic of Kazakhstan "About subsoil and subsurface use" of December 27, 2017:

in Item 8 of Article 72 of the word "8." Shall be replaced with words accounting of losses "8-1. Accounting of losses".

3. In the Ecological code of the Republic of Kazakhstan of January 2, 2021:

Article 147 to add 1) with Item 10-1 of the following content:

"10-1. The cost of works on mitigation of consequences of operation of the operating objects I of category shall include expenses on neutralization, dismantle of the equipment and demolition of the constructions which are potentially exerting negative impact on environment components after operation completion.

On the objects of capital structure (the building, constructions, complexes) which did not be included in the price of works on mitigation of consequences of operation of objects plans for reshaping and (or) their other operation according to the technique approved by authorized body in the field of environmental protection shall be developed.";

To replace 2) in Item 15 of article 418 of figure "2021" with figures "2026".

4. In the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry":

To exclude 1) in preamble of the word "and thermal";

2) in Article 1:

state subitems 2-1), 2-2), 2-3), 2-4), 2-5), 2-6), 2-7), 2-8), 2-9), 2-10) and 2-13) in the following edition:

"2-1) Accident mode - the measure entered by the system operator for preserving steady work of single electric utility system of Kazakhstan or its separate parts;

2-2) passport of readiness - annually issued document confirming readiness of the power making and power transferring organizations to work during the autumn and winter period;

2-3) 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 this Law;

2-4) generating installation - the device developing electrical energy;

2-5) generating installation with the maneuverable mode of generation - the generating installation having adjusting electric power;

2-6) 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;

2-7) participant of biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation (further - the participant of biddings) - the legal entity who was registered by electronic system of the organizer of biddings and received participant status;

2-8) 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;

2-9) 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;

2-10) planned balance of generation consumption - difference of the values of production and consumption of electrical energy (in one hour of operational days) the subject of the balancing market of electrical energy approved by the system operator in the hourly daily schedule of production consumption of electrical energy in kW. h;";

"2-13) hybrid group - group of subjects of the wholesale market of electrical energy with cumulative share of use of renewable energy resources in case of production of electrical energy at least twenty five percent which are in one power node and included in the list of hybrid groups according to the procedure approved by authorized body;";

add with subitems 2-14), 2-15), 2-16), 2-17), 4-1) and 4-2) of the following content:

"2-14) administrator of hybrid group - the legal entity entering into hybrid group, performing acquisition (purchase) of electrical energy from the power making organizations entering into hybrid group, for the purpose of its subsequent realization (sale) to consumers in this hybrid group and (or) in the balancing market of electrical energy, and also being provider of balance for the power making organizations and the consumers of electrical energy entering into hybrid group;

2-15) consumer of hybrid group - the consumer who is the subject of the wholesale market of electrical energy and included in the list of hybrid groups;

2-16) dispatching technological management - the process performed by the dispatcher and intended for the solution of tasks of control and management of the modes of functioning of power networks by means of the automated systems of dispatching and technological management, and also acceptance and processing of messages from physical persons and legal entities on premises of origin or emergence of the technological violations requiring taking measures of reaction and elimination of refusals and damages;

2-17) individual rate for service in maintenance of readiness of electric power of the power making organizations which are again put into operation - the rate determined following the results of the tender held by authorized body for construction of the generating installations which are again put into operation, the including return of the amount of capital expenditures and remunerations on the corresponding loans attracted to project implementation and profitability rate on the invested capital which is subject to annual indexation on the rate of inflation determined by data of authorized body in the field of the state statistics, or annual indexation 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;";

"4-1) green rate - the rate for sale by the single purchaser of the electrical energy developed by objects for use of renewable energy resources, established by the single purchaser of electrical energy according to the rules of determination of rate for support of renewable energy resources approved by authorized body;

4-2) consumer of green energy - the subject of the wholesale market of electrical energy acquiring at the single purchaser of electrical energy the electrical energy developed by objects for use of renewable energy resources on the green rates determined according to this Law;";

6) and 7) to state subitems in the following edition:

"6) system services - the services rendered by the system operator according to this Law;

7) 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;";

subitems 8), 8-1) to exclude 9) and 10);

in the subitem 15) to exclude the words "or thermal";

add with subitem 20-4) of the following content:

"20-4) single state management system fuel and energy complex (further - information system of authorized body) - information system of authorized body in the field of power industry on monitoring and interaction with subjects of power industry;";

in subitem 24-2) of the word "and (or) thermal" shall be replaced with words "stations and";

state subitem 24-4) in the following edition:

"24-4) authorized body in the field of the housing relations and housing and communal services - the central executive body performing management in the field of power industry regarding consumption of electrical energy and methodical providing in this industry;";

in the subitem 25) to exclude the words "and (or) thermal";

state subitems 27-1) and 27-2) in the following edition:

"27-1) service in transfer of electrical energy in national power grid - the service rendered by the system operator to subjects of the wholesale market of electrical energy and the organizations of other states according to the procedure, determined by this Law;

27-2) service in 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 of the Republic of Kazakhstan on natural monopolies, rendered by the system operator to subjects of the wholesale market of electrical energy according to the procedure, determined by this Law;";

29) to exclude the subitem;

in the subitem 32) to exclude the words "and thermal";

add with subitem 32-3) of the following content:

"32-3) commercial accounting of electrical energy - the accounting of electrical energy necessary for settlement between the parties under agreements of transfer of electrical energy, and also under agreements of electric utility service;";

in the subitem 33) shall be replaced with words the words "and digital mayner" ", digital mayner and administrators of hybrid groups";

34) to state the subitem in the following edition:

"34) the guaranteeing supplier of electrical energy - the power supplying organization performing power supply of consumers in cases of the termination of power supply of consumers by all other power supplying organizations not on fault of the consumer determined by authorized body for each territorial unit (area) from among the operating power supplying organizations in the region;";

in the subitem 48) to exclude the words "or thermal";

in the subitem 49) to exclude the words "and (or) thermal";

3) in Article 3:

1) of Item 1 to state the subitem in the following edition:

"1) maximum satisfaction of demand of energy consumers and protection of the rights of participants of the market of electrical energy;";

in Item 2:

1) to add the subitem with the words "in the wholesale market of electrical energy";

2) to state the subitem in the following edition:

"2) option the consumers who are subjects of the retail market of electrical energy, the supplier of electrical energy according to the legislation of the Republic of Kazakhstan;";

in subitems 4) and 5) to exclude the words "and thermal";

11) to exclude the subitem;

6) and 7) of Item 3 to exclude subitems;

To add 4) with Article 3-2 of the following content:

"Article 3-2. The basic principles of state regulation in the field of power industry

State regulation in the field of power industry is based on the following basic principles:

1) systematic and sustainable development of electrical power complex;

2) respect for interests of all subjects in the field of power industry;

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