ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of November 25, 2024 No. 414

About modification and amendments in some orders of the Department of Energy of the Republic of Kazakhstan concerning the market of electric power

I ORDER:

1. Approve the enclosed list of some orders of the Department of Energy of the Republic of Kazakhstan to which changes and additions are made.

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 after its official publication;

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.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of November 25, 2024, No. 414

The list of some orders of the Department of Energy of the Republic of Kazakhstan concerning the market of electric power to which changes and additions are made

1. In the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 108 "About approval of the Standard agreement on construction of the generating installations which are again put into operation" (it is registered in the Register of state registration of regulatory legal acts at No. 10536) to make the following changes:

be reworded as follows preamble:

"According to the subitem 302) of Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994, I ORDER:";

in the Standard agreement on construction of the generating installations which are again put into operation approved by the specified order:

exclude Item 6;

be reworded as follows Item 9:

"9. The customer has the right:

1) to perform monitoring of the course of construction and quality of the performed installation and construction works, adherence to deadlines of their accomplishment;

2) for carrying out monitoring to have open entry to temporary structures of the Investor and his contract organizations, warehouses, on the working territory of construction.".

2. In the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 110 "About approval of Rules of carrying out the tender for construction of the generating installations which are again put into operation" (it is registered in the Register of state registration of regulatory legal acts at No. 10535) to make the following changes and additions:

be reworded as follows preamble:

"According to the subitem 304) of Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994, I ORDER:";

in the Rules of carrying out the tender for construction of the generating installations which are again put into operation, approved by the specified order:

be reworded as follows Item 1:

"1. These rules of carrying out the tender for construction of the generating installations which are again put into operation (further – Rules) are developed according to the subitem 304) of Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994, and determine procedure for carrying out the tender for construction of the generating installations which are again put into operation.";

3, 4 and 5 to be reworded as follows Items:

"3. According to Item 1 of article 15-6 of the Law of the Republic of Kazakhstan "About power industry" (further – the Law), in the case specified in Item 8 of article 15-1 of the Law, authorized body in the field of power industry (further – authorized body) holds the tender for construction of the generating installations which are again put into operation performing production of electrical energy on solid fuel (further – the tender), on amount of electric power for covering of the predicted deficit less the size of electric power which will be created by the subjects of the wholesale market included in the Register of groups of persons according to the contract with authorized body, stipulated in Item the 11th article 15-5 of the Law.

4. The location (platform), type and type of fuel for the generating installations which are again put into operation on tender basis are determined by results of the feasibility statement (further – the feasibility study) or the preliminary feasibility statement which is carried out by request of authorized body (further – the preliminary feasibility study).

The relevant local executive body of areas, cities of republican value and the capital performs reservation of the parcel of land determined in the feasibility study or the preliminary feasibility study for planned to construction of the generating installations which are again put into operation performing production of electrical energy on solid fuel until provision to the winner of the tender of the rights to the parcel of land according to Article 49-2 of the Land code of the Republic of Kazakhstan.

5. The tender is held on the basis of the tender documentation on construction of the generating installations which are again put into operation performing production of the electrical energy on solid fuel (further – the tender documentation) approved by authorized body.";

be reworded as follows Item 13:

"13. The tender documentation is developed by authorized body based on the feasibility study or the preliminary feasibility study.";

be reworded as follows Item 16:

"16. The tender documentation includes:

1) the description and required technical, quality and operational characteristics of the generating installations which are again put into operation;

2) the draft agreement on construction of the generating installations which are again put into operation.

The description and required technical, quality and operational characteristics of the generating installations which are again put into operation include the following characteristics:

1) type of the generating installations which are again put into operation;

2) type of the main and reserve fuel for the generating installations which are again put into operation;

3) point of connection to power network and location (coordinates) of the site for construction of the generating installations which are again put into operation with indication of required date (month, year) of their commissioning;

4) the description of the infrastructure existing and planned to creation on (and near) sites for construction of the generating installations which are again put into operation according to the feasibility study or the preliminary feasibility study;

5) conditions of ensuring construction of external engineering infrastructure to construction object of the generating installations which are again put into operation according to the feasibility study or the preliminary feasibility study;

6) the required electric power of leave in network of the generating installations which are again put into operation;

7) the required thermal power of leave in network of the generating installations which are again put into operation;

8) required specific consumption of conditional fuel on leave of electrical energy (in the nominal mode);

9) required specific consumption of conditional fuel on leave of heat energy (in the nominal mode);

10) required specific emissions of nitrogen;

11) required specific emissions are gray;

12) required specific emissions of solid particles;

13) amount of service in maintenance of readiness of electric power according to the feasibility study or the preliminary feasibility study;

14) the total amount of cost of the generating installations which are again put into operation according to the feasibility study or the preliminary feasibility study;

15) the list of documents, the stipulated in Item 28 these rules confirming availability of the financial and material resources determined according to the tender documentation;

16) the most admissible individual rate for service in maintenance of readiness of electric power of the power making organizations which are again put into operation;

17) basic data for calculation of the most admissible individual rate for service in maintenance of readiness of electric power;

18) the term (duration) of construction of the generating installations which are again put into operation according to the feasibility study or the preliminary feasibility study.";

be reworded as follows Item 17:

"17. Together with the tender documentation the authorized body provides in the tender commission of the feasibility study or the preliminary feasibility study on the basis of which the tender documentation is developed.";

be reworded as follows Item 19:

"19. The authorized body no later than 3 (three) working days from the date of approval of the tender documentation, but at least in 15 (fifteen) calendar days prior to final date of submission by applicants of documents and materials for participation in the tender, publishes in mass media the announcement of carrying out the tender (further – the announcement).";

be reworded as follows Items 27 and 28:

"27. The application for participation in the tender includes the following documents:

1) the application issued in form according to appendix 3 to these rules;

2) copies of constituent documents;

3) the documents confirming availability of the financial and material resources determined according to the tender documentation (further – supporting documents);

The application for participation in the tender is presented by the applicant in the stitched form, with the numbered pages, and the last page is certified it by the signature.

If the application for participation in the tender is submitted not the first head of the applicant, the applicant represents the power of attorney on the applicant's representative.

28. Supporting documents are originals or notarially attested copies of the documents confirming availability of money on accounts of the applicant, the property right and cost on the real, personal estate of the applicant and other uncharged real assets of the applicant confirming availability of the financial and material resources determined according to the tender documentation.";

be reworded as follows Item 39:

"39. The original of the protocol, the application for participation in the tender, the tender documentation, the feasibility study or the preliminary feasibility study and video audio of record of meeting of the tender commission are stored in authorized body at least five years after expiration of the contract on construction of the generating installations which are again put into operation.";

41, 42 and 43 to be reworded as follows Items:

"41. According to Item 8 of article 15-6 of the Law, within 20 (twenty) calendar days from the date of summing up the tender the authorized body signs with the winner of the tender the construction agreement of the generating installations which are again put into operation, based on the Standard agreement on construction of the generating installations which are again put into operation, the Minister of Energy of the Republic of Kazakhstan approved by the order of February 20, 2015 No. 108 (it is registered in the Register of state registration of regulatory legal acts for No. 10536) in which the term of commissioning of the generating installations, responsibility for non-execution and (or) improper execution of undertaken obligations by the winner of the tender, and also the term of purchase of service in maintenance of readiness of electric power determined according to the tender documentation is established.

42. According to Item 9 of article 15-6 of the Law, within 30 (thirty) calendar days from the date of the conclusion of the construction agreement of the generating installations which are again put into operation, the single purchaser based on the Standard agreement about purchase of service in maintenance of readiness of electric power with the winner of the tender for construction of the generating installations which are again put into operation, the Minister of Energy of the Republic of Kazakhstan approved by the order of December 3, 2015 No. 683 (it is registered in the Register of state registration of regulatory legal acts for No. 12522) signs the purchase agreement of service in maintenance of readiness of electric power with the winner of the tender for individual rate for service in maintenance of readiness of electric power of the power making organizations which are again put into operation in amount and for term, determined by Item 41 of these rules.

In case of input of the generating installations serially and (or) step by step and (or) start-up complexes, payment of service in maintenance of readiness of electric power is performed on individual rate for service in maintenance of readiness of electric power depending on amounts of electric power of the entered generating installations of the power making organization.

Electric power of the power making organization with which the construction agreement of the generating installations which are again put into operation from the date of the actual purchase of its service in maintenance of readiness of electric power is signed is subject to obligatory annual certification of electric power of the generating installations by the system operator.

If as a result of carrying out the next certification of electric power of the generating installations value of the certified electric power of the generating installations which are again put into operation appears less than an amount of service in maintenance of readiness of electric power established in the purchase agreement of service in maintenance of readiness of electric power, the amount of service in maintenance of readiness of electric power established in the purchase agreement of service in maintenance of readiness of electric power decreases to the certified value before carrying out the next certification of electric power of the generating installations.

43. After agreement signature about purchase the winner of the tender provides services in maintenance of readiness of electric power to the single purchaser the following documents and information:

1) the copy of the notification on the beginning of installation and construction works of the generating installations which are again put into operation (providing agreement performance about purchase of service in maintenance of readiness of electric power), sent to the state body exercising the state architectural construction supervision – within 24 (twenty four) months from signature date of the purchase agreement of service in maintenance of readiness of electric power;

2) the copy of the acceptance act in operation of the generating installations which are again put into operation (providing agreement performance about purchase of service in maintenance of readiness of electric power) approved according to the procedure, determined by the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (further – the Law on construction activities) – within a month after commissioning of the generating installations which are again put into operation in the terms determined by the feasibility study or the preliminary feasibility study;

3) information on the course of construction of the generating installations which are again put into operation (providing agreement performance about purchase of service in maintenance of readiness of electric power) – at the request of the single purchaser;

4) financial provision of execution of terms of the contract about purchase of service in maintenance of readiness of electric power – in time, specified in Item 45 of these rules.";

be reworded as follows Item 50:

"50. The requirement of payment for the corresponding bank guarantee or the reserve letter of credit (the corresponding financial provision), specified in Item 45 of these rules, is exposed by the single purchaser in the following cases:

1) by not provision of the copy of the notification on the beginning of installation and construction works of the generating installations which are again put into operation (providing agreement performance about purchase of service in maintenance of readiness of electric power), sent to the state body exercising the state architectural construction supervision, at the same time, this copy is provided within 24 (twenty four) months from signature date of the purchase agreement of service in maintenance of readiness of electric power – in the amount of 30 (thirty) percent from the amount of financial provision of execution of terms of the contract about purchase of service in maintenance of readiness of electric power;

2) by not the provision of the copy of the acceptance act in operation of the generating installations which are again put into operation (providing agreement performance about purchase of service in maintenance of readiness of electric power) approved according to the procedure, determined by the Law on construction activities, at the same time, this copy is provided within a month after commissioning of the generating installations which are again put into operation in the terms determined by the feasibility study or the preliminary feasibility study – in the amount of 100 (hundred) percent from the amount of financial provision of execution of terms of the contract about purchase of service in maintenance of readiness of electric power, and in case of deduction of part of financial provision of execution of terms of the contract about purchase of service in maintenance of readiness of electric power according to the subitem 1) this Item – 70 (seventy) percent of the amount of financial provision of execution of terms of the contract about purchase of service in maintenance of readiness of electric power.";

be reworded as follows Item 53:

"53. In case of recognition of the tender for construction of the generating installations which are again put into operation cancelled the authorized body within fifteen working days holds the repeated tender.

The repeated tender is held based on the tender documentation approved within carrying out the initial tender according to requirements of these rules.

When carrying out the repeated tender consideration of applications for participation is performed by structure of the commission created within the initial tender.";

add with Items 54 and 55 of the following content:

"54. In case of recognition of the repeated tender for construction of the generating installations which are again put into operation, cancelled and in case of provision of the tender only from one participant, the authorized body sends to the Government the offer on determination of this participant by the winner of the tender for the conclusion of the construction agreement of the generating installations which are again put into operation.

55. The individual rate for service in maintenance of readiness of electric power, the power making organizations which are again put into operation, is subject to annual indexation on formula:

 

_Tt+1 – the indexed individual rate for service in maintenance of readiness of electric power;

_Tt  – individual rate for service in maintenance of readiness of electric power in t period including return of capital costs and profitability rate on the invested capital;

_t+1 c.u. – current rate of tenge to foreign currency for the October 1 of year of carrying out indexation determined by data of National Bank of the Republic of Kazakhstan;

_T c.u. – average rate of tenge to foreign currency calculated for the period twelve months preceding date of indexation, determined by data of National Bank of the Republic of Kazakhstan.

The individual rate for service in maintenance of readiness of electric power, the power making organizations which are again put into operation, is indexed by authorized body once a year for October 1 and goes to the single purchaser no later than October 15 of the corresponding year.";

be reworded as follows appendix 3 according to appendix 1 to this list.

3. In the order of the Minister of Energy of the Republic of Kazakhstan of February 27, 2015 No. 152 "About approval of Rules of the organization and functioning of the market of electric power" (it is registered in the Register of state registration of regulatory legal acts at No. 10612) to make the following changes and additions:

be reworded as follows preamble:

"According to the subitem 305) of Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994, I ORDER:";

in the Rules of the organization and functioning of the market of electric power approved by the specified order:

be reworded as follows Item 1:

"1. These rules of the organization and functioning of the market of electric power (further – Rules) are developed according to the subitem 305) of Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994 (further – the Provision), and determine procedure for the organization and functioning of the market of electric power.";

28) of Item 2 to be reworded as follows the subitem:

"28) the register of groups of persons – the list of the power making organizations and the consumers entering one group of persons created by authorized body and placed on official Internet resource of authorized body on condition of control availability according to parts two and third Item 1-1 of article 9 of the Law of the Republic of Kazakhstan "About power industry" (further – the Law);";

be reworded as follows Item 10:

"10. The system operator annually till November fifth in writing informs the operator of the market of centralized trade and the single purchaser on the handling capacity of the power lines connecting Northern and Southern zones of EEC of RK expected in December of the forthcoming calendar year and also on the handling capacity of the power lines connecting the West Kazakhstan and Atyrau areas of the Western zone of EEC of RK with Mangystau Region of the Western zone of EEC of RK expected in December of the forthcoming calendar year.";

add with Item 10-1 of the following content:

"10-1. The system operator, monthly no later than one calendar day after approval of the actual balance of production consumption of electrical energy in the wholesale market for settlement period (calendar month) determines and sends to the single purchaser information on value of excess of actually rendered amount of service in maintenance of readiness of electric power of the power making organizations over the contractual amount specified in the agreement signed with the single purchaser according to the subitem 7) of Item 11 of these rules (further – Value of exceeding), in form, according to appendix 10 to these rules.

At the same time, determination of Value of exceeding is performed only for the power making organizations which realized not all declared amount at the centralized biddings.

Value of exceeding is determined by formula:

Top = _RCP (_Rsum. + _Robesp + _Rkp.Imp.z), where

_RCP – the actual average value of leave in network of the power making organization for all control periods of settlement month, the MW, is rounded to the tenth;

_Rsum. – total electric power of leave in network of the power making organization according to information provided by the single purchaser to the system operator according to Item 16 of these rules, MW is rounded to the tenth;

_Robesp – contractual amount of service in providing with electric power, according to information provided by the single purchaser to the system operator according to Item 16 of these rules, MW is rounded to the tenth;

_Rkp.Imp.z – the actual average value of unplanned overflow of electric power from EEC of RK in EEC of the Russian Federation in basic zone of balancing in which there is power making organization for all control periods of settlement month, MW, is rounded to the tenth.

In case of negative value Dop of the power making organization, this value is equated to zero.";

in Item 11:

add with subitem 2-1) of the following content:

"2-1) with the legal entities planning to perform construction not earlier than January 1, 2024 the generating installations which are again put into operation capacity more than 35 MW using hydrodynamic energy of water whose water management constructions are included in the list of the water management constructions having special strategic importance including which can be leased also trust management according to the procedure, determined by the Government of the Republic of Kazakhstan. At the same time the individual rate for service in maintenance of readiness of electric power of the power making organization which is again put into operation using hydrodynamic energy of water, amount and term of purchase of service in maintenance of readiness of electric power by this organization are established by the Government of the Republic of Kazakhstan based on the feasibility statements which received the positive decision of state examination for payback period at least seven years.

The contract for sale of service in maintenance of readiness of electric power is withdrawn ahead of schedule in case of early approach of the actual payback period.

This power making organization exposes all developed electrical energy only to the single purchaser of electrical energy on the limiting rate established by authorized body taking into account rates.

At the same time in limiting rate depreciation and profit during validity with the single purchaser for sale of service in maintenance of readiness of electric power according to this subitem are not considered;";

7) to be reworded as follows the subitem:

"7) annually till December twenty fifth with the operating power making organizations the forthcoming calendar year by results of the centralized biddings by electric power at the prices and in amounts which developed by results of these biddings. At the same time the total amount of service in maintenance of readiness of electric power of all purchase agreements of service in maintenance of readiness of electric power concluded with these power making organizations according to this subitem (further - the Trading volumes), is equal to difference of amount of the forecast demand for electric power the forthcoming calendar year determined according to Item 48 of these rules and the amounts of service in maintenance of readiness of electric power determined according to subitems 1), 2), 2-1), 3), 4), 5) and 6) of this Item.

The single purchaser signs purchase agreements of service in maintenance of readiness of electric power with the operating power making organizations for results of the centralized biddings by electric power in total amount it is less than The Trading volumes in cases when the total amount of service in maintenance of readiness of electric power of the power making organizations admitted to trading is less than The Trading volumes.";

add with Item 11-1 of the following content:

"11-1. In case of education at the single purchaser of the additional income which arose due to increase in contractual sales amounts of service in ensuring readiness of electric power for execution of loading from the amounts of service in ensuring readiness of electric power for execution of loading included the system operator in forecast demand for electric power for the corresponding settlement year (further – increase in amount on providing), the single purchaser performs additional purchase of service in maintenance of readiness of electric power.

The single purchaser performs additional purchase of service in maintenance of readiness of electric power at the power making organizations determined according to Item 10-1 of these rules at the price which is not exceeding the price specified in the agreement signed according to the subitem 7) of Item 11 of these rules.

At the same time, the amount of additional purchase of service in maintenance of readiness of electric power does not exceed the size of positive difference between contractual amount of service in ensuring readiness of electric power for execution of loading for the corresponding settlement period (calendar month) and the amounts of service in ensuring readiness of electric power for execution of loading included the system operator in forecast demand for electric power for the corresponding settlement year.

In case of determination by the system operator Znacheniya of exceeding, according to Item 10-1 of these rules, more than one power making organization, the single purchaser performs purchase of additional amount in proportion of their share of exceeding of actually rendered amount of service in maintenance of readiness determined by the formula specified in Item 43 of these rules.

In case of the circumstances independent of the single purchaser connected with reduction of contractual amounts of service in ensuring electric power to execution of loading for the corresponding settlement period (calendar month) according to which additional purchase of service in readiness maintenance was performed earlier, the amount of service in maintenance of readiness of electric power which is actually rendered by the power making organization for settlement period (calendar month) is subject to the corresponding adjustment.";

be reworded as follows Item 12:

"12. The individual rate for service in maintenance of readiness of electric power specified in the subitem 3) of Item 11 of these rules, amount and terms of purchase of service in maintenance of readiness of electric power for each purchase agreement of service in maintenance of readiness of electric power concluded with these organizations are established by authorized body according to Rules of the admission for consideration, considerations and selection of investing programs of upgrade, expansion, reconstruction and (or) updating, the conclusion of investment agreements on upgrade, expansion, reconstruction and (or) updating, the corresponding conclusion of purchase agreements of service in maintenance of readiness of electric power and establishment for these agreements of individual rates for service in maintenance of readiness of electric power, amounts and terms of purchase of service in maintenance of readiness of electric power, the approved order of the Minister of Energy of the Republic of Kazakhstan of November 28, 2017 No. 416 (it is registered in the Register of state registration of regulatory legal acts for No. 16098).

The individual rate for service in maintenance of readiness of electric power specified in the subitem 5) of Item 11 of these rules, amount and terms of purchase of service in maintenance of readiness of electric power for each purchase agreement of service in maintenance of readiness of electric power concluded with these organizations is established according to procedure for consideration of investing programs on upgrade, reconstruction and (or) expansion with construction of the generating installations with use of gas as alternative type of fuel, the conclusion of investment agreements on upgrade, reconstruction and (or) expansion with construction of the generating installations with use of gas as alternative type of fuel, the corresponding conclusion of purchase agreements of service in maintenance of readiness of electric power and establishment for these agreements of individual rates for service in maintenance of readiness of electric power, amounts and terms of purchase of service in maintenance of readiness of electric power, the approved authorized body according to subitem 321-1) of Item 15 of the Provision.

The amount of service in maintenance of readiness of electric power specified in the subitem 6) of Item 11 of these rules for each purchase agreement of service in maintenance of readiness of electric power concluded with is determined by the operating power making organizations which part combined heat and power plants are according to Rules of scoping of service in maintenance of readiness of electric power for the purchase agreements of service in maintenance of readiness of electric power concluded by the single purchaser with the operating power making organizations which part combined heat and power plants are, approved by the order of the Minister of Energy of the Republic of Kazakhstan of December 3, 2015 No. 688 (it is registered in the Register of state registration of regulatory legal acts for No. 12510).";

3) of Item 28 to be reworded as follows the subitem:

"3) daily giving to the system operator of applications for participation in balancing on increase and on lowering in the balancing market of electrical energy, except for dates of passing of the next or extraordinary certification of the power making organization, including separately on each generating installation of power plant.

At the same time submission of applications for participation in balancing on lowering or increase in case of amount is not required equal 0;";

be reworded as follows Item 34:

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