ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of December 20, 2024 No. 471

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 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, except for paragraphs of the thirty seventh, thirty eighth, thirty ninth, fortieth, forty first, forty second, forty third, forty fourth and forty fifth Item 1 of the List which become effective since January 1, 2025.

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved  Ministry of Internal Affairs of the Republic of Kazakhstan

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of December 20, 2024, No. 471

The list of some orders of the Minister of Energy of the Republic of Kazakhstan to which changes and additions are made

1. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 111 "About approval of Rules of the organization and functioning of the retail market of electrical energy, and also provision of services in this market" (it is registered in the Register of state registration of regulatory legal acts at No. 10533) the following changes and amendments:

be reworded as follows preamble:

"According to the subitem 261) 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 Rules of the organization and functioning of the retail market electrical energy, and also the renderings of services in this market approved by the specified order:

be reworded as follows Item 1:

"1. These rules of the organization and functioning of the retail market of electrical energy, and also provision of services in this market (further - Rules) are developed according to the subitem 261) 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 the organization and functioning of the retail market of electrical energy, and also provision of services in this market.";

add Item 2 with the subitem 6) of the following content:

"6) authorized body - the state body performing management in the field of power industry"

add with Items 5-1 and 5-2 of the following content:

"5-1. If transfer of electrical energy and power supply is performed by one legal entity, provision of services on transfer of electrical energy joins in the cost of energy services for consumers.

5-2. The power supplying organizations till January 1, 2025 transfer consumers to the power transferring organizations which obtained the license by sight of activities for purchase of electrical energy for the purpose of power supply of consumers.

Within transfer of consumers the power supplying organization transfers to the relevant power transferring organization consumer information of the retail market of electrical energy, including:

copies of agreements of electric utility service (in the presence);

the consumer name (concerning legal entities);

legal and actual adres of the consumer;

rates for electrical energy;

subscriber number of the power supplying organization;

group of consumption;

number of personal account of single settlement center (in the presence);

the number of the living persons (concerning physical persons);

type of differentiation of rates;

privilege type (preferential regulation of consumption);

postal index;

availability of electric stoves (concerning physical persons);

bank details (concerning legal entities).

By transfer of the creditor and debit debts which resulted from functioning by the power supplying organization within the zone of servicing (administrative and territorial unit (area)) in the wholesale and retail markets of electrical energy and capacity between the relevant power supplying organization and the power transferring organization till January 1, 2025 the agreement on right to claim concession on receivables of the power supplying organization within contracts of electric utility service with subjects of the retail market of electrical energy and transfer of accounts payable of the power supplying organization for the agreements signed in the wholesale market of electrical energy and capacity according to the civil legislation of the Republic of Kazakhstan is signed.

At the same time agreement parties send the copy of the signed agreement to the system operator, the single purchaser of electrical energy, the single purchaser, settlement center of the balancing market.

The signed agreement is the basis for acceptance by the power transferring organization of payments from consumers for the consumed electrical energy, and also obligation fulfillment on repayment of accounts payable.";

to be reworded as follows part one of Item 7:

"7. The power transferring organizations operating power networks of the regional level in addition to listed in Item 6 of these rules:";

be reworded as follows Items 10 and 11:

"10. In the course of implementation of the activities in the retail market of electrical energy the power supplying organizations:

1) is performed by operational orders of the power transferring organization for maintaining the modes of delivery consumption according to conditions of the signed agreement, except for case, stipulated in Item 5-1 these rules;

2) is represented to the power transferring organization by daily schedules of delivery consumption of electrical energy under the signed contracts for purchase and sale of electrical energy and rendering services in transfer of electrical energy, except for case, stipulated in Item 5-1 these rules;

3) sign agreements with the power transferring organizations on transfer of electrical energy to consumers, except for case, stipulated in Item 5-1 these rules;

4) is paid by services of the power transferring organizations for transfer of electrical energy, except for case, stipulated in Item 5-1 these rules.

11. The zone of servicing of the power supplying organization is determined by borders of its networks, networks of the power transferring organizations with which agreements on transfer of electrical energy to which networks consumers according to the agreements of electric utility service signed by them, and also point of connection of retail consumers to tires of power plants of the power making organizations are attached are signed.

The guaranteeing supplier realizes electrical energy within administrative and territorial unit (area) determined by authorized body, out of zone of servicing of other power supplying organization.";

add with Item 11-1 of the following content:

"11-1. The power supplying organizations realize electrical energy within administrative and territorial unit (area) on which their power networks are located.

The power supplying organization does not perform power supply of the consumers connected to networks of other power supplying organization.";

be reworded as follows Item 12:

"12. The authorized body based on information provided by the power transferring organizations about the number of consumers for each territorial unit (area) determines the guaranteeing supplier of electrical energy - the power supplying organization with the greatest number of consumers in this administrative territorial unit (area).

For determination of the guaranteeing supplier the authorized body requests information on the number of consumers from the power transferring organizations of the corresponding administrative territorial unit (area).

Information on the guaranteeing suppliers publishes authorized body on the Internet resource.";

be reworded as follows Item 14:

"14. The contract of electric utility service between the power supplying organization and consumers consists according to the standard agreement approved by the order of the Minister of Energy of the Republic of Kazakhstan of October 23, 2017 No. 356 (it is registered in the register of state registration of regulatory legal acts at No. 15978).";

add with Item 15-1 of the following content:

"15-1. For one calendar month before term of deprivation (response) or suspension of the license and (or) appendix to the license (permissions and (or) appendices to permission) the power supplying organization on implementation of activities for purchase of electrical energy for the purpose of power supply at the initiative of the contracts of electric utility service with residential customers signed with this organization which is power supplying the organizations are not renewed with the new power supplying organization in which zone of servicing there is this consumer.

The agreement of electric utility service for the consumers using electrical energy not for domestic needs are renewed at the initiative of the consumer.

The agreement of electric utility service for the legal entities financed from the government budget are subject to renewal since January 1, 2025.

At the same time, the agreement which is not renewed at the initiative of the consumer is prolonged sine die and on the conditions operating at the time of the conclusion of this agreement.

The agreements of electric utility service specified in part four of this Item of Rules are subject to transfer to the new power supplying organization by assignment of the rights and obligations together with the accompanying data on each agreement, with creation of the corresponding delivery-acceptance certificates and the consumer notification by the publication of the announcement in mass media, and also the method specified in the acceptance of the agreement.";

be reworded as follows Item 26:

"26. The power transferring organization creates own daily schedule, taking into account consumption of subjects of the wholesale and retail markets of electrical energy connected to its networks on the basis of the requests of the power supplying organizations and wholesale consumers submitted every day, except for case, stipulated in Item 5-1 these rules.".

2. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of February 25, 2015 No. 143 "About approval of Instructions for use electrical energy" (it is registered in the Register of state registration of regulatory legal acts at No. 10403) the following changes and amendments:

be reworded as follows preamble:

"According to the subitem 272) 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 Instructions for use electrical energy approved by the specified order:

be reworded as follows Item 1:

"1. These rules of use of electrical energy (further - Rules) are developed according to the subitem 272) of Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan No. approved by the order of the Government of the Republic of Kazakhstan of September 19, 2014 994, and determine procedure for use of electrical energy of the power making, power transferring, power supplying organizations and consumers in the territory of the Republic of Kazakhstan.";

in Item 2:

23) to be reworded as follows the subitem:

"23) quality of electrical energy - electric power compliance degree to the regulations established by the legislation of the Republic of Kazakhstan GOST 32144 "Electrical energy. Electromagnetic compatibility of technical means. Regulations of quality of electrical energy in utility power systems of general purpose";

add with subitems 24) and 25) of the following content:

"24) tool check - process of assessment of operability of the device of commercial accounting of electrical energy of measuring transformers and other elements), consisting in conducting verification of characteristics of elements of measuring complex, devices of collection and data transmission, the scheme of their connection with the help of tools and the additional equipment;

25) the actual loading - total capacity and normative losses of electrical energy of the electroinstallations which are in property and (or) on balance of the consumer (including electrical household appliances).";

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

"1) in the wholesale market of electrical energy, based on purchase and sale agreements of electrical energy and the bargains concluded between subjects of the wholesale market and according to the procedure, established according to the Rules of the organization and functioning of the wholesale market of electrical energy approved by the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 106 (it is registered in the Register of state registration of regulatory legal acts at No. 10531);";

3) of item 4 to be reworded as follows the subitem:

"3) the copy of the certificate of state registration (for legal entities), the statement from the state electronic register of permissions and notifications (for individual entrepreneurs) or data of the individual identification number (IIN) from the identity document (for physical persons);";

1) of Item 4-1 to be reworded as follows the subitem:

"1) the copy of the act of the differentiation of balance sheet accessory of power networks and operational responsibility of the parties constituted between the chairman of body object of management of condominium and the consumer, for the consumers who are in structure of condominium in form according to appendix 1 to these rules, are provided by the consumers signing the contract for electric utility service for consumption of electrical energy not for domestic needs;";

the second Item 9 to be reworded as follows part:

"The power transferring organization within 5 (five) working days issues to the new owner the act of differentiation of balance sheet accessory and operational responsibility of the parties and directs the documents specified in this Item for the conclusion of the agreement of electric utility service in the power supplying organization chosen by the new owner.";

5) of Item 12 to be reworded as follows the subitem:

"5) reduction of the consumed electric power from the capacity specified in earlier issued specifications in the presence of written consent of the consumer.";

be reworded as follows Item 13:

"13. The power transferring or power making organization after receipt of the statement in any form from the consumer issues specifications on connection of again entered or reconstructed electroinstallations:

1) for technically simple objects - within 5 (five) working days;

2) for technically difficult objects - within 10 (ten) working days.

Specifications on connection to networks of the subject of natural monopoly or increase in amount of regulated service are issued for the normative period of designing, construction and are represented by bodies of architecture and town planning to the state town-planning inventory.

After execution of specifications between the consumer and the power transferring organization the statement of differentiation of balance sheet accessory of power networks and operational responsibility of the parties according to appendix 1 to these rules with the scheme of connection of the consumer is drawn up.

For apartment apartment houses the statement of differentiation of balance sheet accessory between the power transferring organization and body, the condominium managing object is drawn up.

For electric utility service of objects under construction temporary specifications are issued to the consumer for construction.

According to Item 7-1 of article 24 of the Law of the Republic of Kazakhstan "About natural monopolies" excesses of normative duration of construction more than three years the validity of temporary specifications is extended for construction on condition of submission of supporting documents about the beginning of construction.

Non-presentations of supporting documents about the beginning of construction specifications after three years from date of issue are considered as invalid.

Issue of specifications is performed in case of availability of technical capability of connection to power networks of the power transferring organization or to electroinstallations of the power making organization.

Procedure for issue of specifications from projectible networks are determined according to the Rules of the organization of building and passing of allowing procedures in the field of construction approved by the order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 750 (it is registered in the Register of state registration of regulatory legal acts at No. 12684).

The payment for issue and renewal of specifications is not levied.";

2) of Item 21 to be reworded as follows the subitem:

"2) the power transferring (power making) organization from the date of receipt of the notification examines external connection and compliance of the performed works to the issued specifications on technically not difficult objects within 3 (three) working days, on technically difficult objects within 5 (five) working days.";

be reworded as follows Item 26:

"26. The admission of electroinstallations in operation is performed in the presence at the consumer of electrotechnical personnel of the corresponding qualification and person responsible for reliable, safe work of electroinstallations, or the service agreement of electroinstallation with the organization, the having personnel with the admission to work in the operating electroinstallations, except for residential customers and not residential customers with electroinstallations which total capacity makes less than 5 kW (according to specifications).";

be reworded as follows Item 36:

"36. The limit of operational responsibility of the parties between the consumer and the power transferring organization for content, servicing and technical condition of electroinstallations up to 1000 V is established:

1) in case of air branch - on contacts of connection of the feeding line on the through passage or final insulators established on support;

2) in case of cable input - on bolt connections of tips of the feeding cable on input to the building;

3) in case of cable input for apartment apartment houses it is determined on koyechnik bolted connection of the feeding cable in the main distribution case of the apartment apartment house (in case of nalichiya).

In case of discrepancy of limits of operational responsibility of the parties, to the places specified in this Item, borders are determined directly in the agreement.";

be reworded as follows Item 46:

"46. On fixture of casings of devices of commercial accounting of electrical energy seals of power transferring (power making) organizations having the checking right, and on cover of block of clips of the electric meter, doors of compartment of transformers of current and tension, on current and napryazhenchesky test blocks and boxes of seal of the power transferring organization are established.

Sealing devices are used according to requirements of the state standard specification 31283 Interstate standard "Seals indicator. General technical requirements".";

be reworded as follows Item 51:

"51. The power transferring (power making) organization in parts or in full stops giving of electrical energy according to the request of the power supplying organization in the absence of payment, incomplete payment for electrical energy in the electric utility services established by the agreement terms, and also in case of violation of the mode of consumption of electrical energy set by the agreement of electric utility service.

Complete cessation of giving to the consumer of electrical energy by the power transferring organization is performed in case of failure to carry out at the scheduled time of requirements of the power transferring (power making) organization about elimination of violations of these rules.

In case of identification of the violations provided by part one of this Item the power supplying organization sends to the request for the termination (restriction) of delivery of electrical energy which is power transferring (power making) organization, except for case, stipulated in Item 5-2 Rules of the organization and functioning of the retail market of electrical energy, and also provision of services in this market approved by the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 111 (it is registered in the register of state registration of regulatory legal acts at No. 10533), having in writing warned by the direction of the notification by the methods specified in the acceptance of the agreement (e-mail, the fax, the mailing, the short text message, the multimedia message existing with messengers) of the consumer in terms at least in 5 (five) working days prior to the delivery termination to the electric consumer of energies (the consumer, using electrical energy for domestic needs at least in 30 (thirty) calendar days).";

61, of 62, 63 and 64 to be reworded as follows Items:

"61. In case of detection of violation of commercial accounting not because of the consumer (in case of integrity and compliance of seals, specified in the previous act of installation or tool check of the metering device) calculation of consumption is made by the power transferring organization for average daily expense of the previous or subsequent settlement period in which means and the scheme of accounting of electrical energy were operational. The period of calculation constitutes from the date of detection of violation about day of recovery of commercial accounting, but no more than 30 (tridtsaita) of calendar days.

Commercial accounting is recovered by the consumer within 30 (thirty) calendar days from the date of violation detection.

In case of not recovery of commercial accounting after 30 (thirty) calendar days from the date of violation detection, the power transferring organization stops giving to the consumer of electrical energy.

At the same time, the power transferring (power making) organization performs seal of commercial accounting of electrical energy no later than 3 (three) working days from the date of receipt of the request from the consumer for seal.

The request of consumers is drawn up in any form in written format, and also application orally by means of telephone communication where these requests are fixed by the power transferring (power making) organization is allowed.;

62. In case of shutdown of the consumer breach of agreement of electric utility service or requirements of these rules, its connection it is made by the power transferring (power making) organization within 1 (one) working day, after the address of the consumer with application of documents, confirming elimination of violation and payment of service for connection.

In case of not elimination of violation of requirements of these rules the power transferring (power making) organization does not make connection.

63. The power transferring (power making) organization of 1 (one) times a half-year in case of removal of instrument readings of commercial accounting, makes its visual survey. In any form draws up the inspection note of commercial accounting, fixes availability or lack of seal (brand) or the sealing device about primary or periodic checking of the organization having the right to it, integrity flew down also cases of the device of commercial accounting, availability or lack of the sealing structure of the power transferring (power making) organization in the places which are earlier established by the power transferring (power making) organization.

In case of identification of the facts of lack of seal (brand) about primary or periodic checking of the organization having the right to it, integrity flew down also cases of the device of commercial accounting, availability or lack of the sealing structure of the power transferring (power making) organization in the places which are earlier established by the power transferring (power making) organization is appointed unscheduled tool inspection of the device of commercial accounting of electrical energy.

64. In case of impossibility of removal of indications of devices of commercial accounting of electrical energy and if at the same time the consumer independently does not provide the information on quantity of the electrical energy used by it, calculation of consumption is made on average daily expense of electrical energy for previous period, except as specified uses of the automated system of commercial accounting of electrical energy";

be reworded as follows Item 66:

"66. The power transferring (power making) organization stops electric utility service, draws up to the consumer the statement of violation in any form and makes recalculation in case of the following violations:

1) unauthorized connection to networks of the power transferring (power making) organization;

2) connection of receivers of the electric power in addition to the device of commercial accounting of electrical energy (further - PKU);

3) change of the scheme of inclusion of PKU, transformers of current and tension;

4) artificial braking of disk PKU;

5) installation of devices, intervention in work of PKU, transformers of current distorting indications of PKU.

Recalculation is made, proceeding from maximum demand, but no more resolved capacities according to specifications.

In case of establishment of the facts of violation of specifications regarding exceeding of the permitted capacity by unauthorized change of the scheme of connection, lack of specifications recalculation is made according to the maximum handling capacity of the introduction switching device taking into account work 24 hours a day.

The period of recalculation is determined during all the time from the date of the last replacement of PKU or the last tool verification of the scheme of its inclusion, but no more than one year.

The amount of the unaccounted or nedouchtenny electric power, according to recalculation, joins in amount of the transferred electric power of the power supplying organization and is shown for payment to the consumer on the holiday rate operating in the current settlement period.

The consumer is connected to power network after elimination of violations in the scheme and metering devices of the electric power, payment of the amount of recalculation, the conclusion of the agreement of electric utility service or introduction of supplements to agreement of electric utility service and payment of the amount for connections.

In case of not payment, and also not complete payment on recalculation in time or refusal of payment by the consumer, the power supplying organization, and in the absence of the contract of electric utility service with the power supplying organization, the power transferring organization brings materials to trial.

Unauthorized connection to power networks is accession to power networks without obtaining and accomplishment of the specifications issued according to these rules.";

add with Items 66-1 and 66-2 of the following content:

"66-1. In all-house networks of apartment apartment houses the power transferring organization performs activities for identification of commercial losses and control of technical condition of PKU (checking terms, operability of PKU and other characteristics) and takes measures, stipulated in Item 61 these rules, in case of identification of the violations specified in Item 66 of these rules including, in case of unauthorized connection of the consumer to all-house power networks which do not belong to power networks of the power transferring organizations according to the act of differentiations of balance sheet accessory.

66-2. In apartment apartment houses the governing body of object of condominium or the authorized person, responsible for proper condition of objects of condominium, in case of detection of the violations specified in Item 66 of these rules sends to the request which is power transferring the organization in any form on conducting tool check of PKU of the consumer violating requirements of these rules. In case of confirmation of violations the power transferring organization takes measures, stipulated in Item 66 these rules.";

add Item 72 with part two of the following content:

"In case of refusal of governing body of object of condominium in participation of the commission joins representatives of territorial subdivision of state body on the state energy supervision and control and (or) territorial authority of internal affairs on the fixed administrative site of local police inspectors and their assistants.";

be reworded as follows Item 75:

"75. The governing body of object of condominium of the apartment house performs operation behind technical condition, and control by observance, safe engineering of electroinstallations in case of operation of electroinstallations of all-house needs in multi-storey buildings (the introduction distributing device, electrical wiring for illumination of entrances, the yards, number lamps, basement and garrets).

Respect for safety and integrity of all-house PKU is assigned to governing body of object of condominium.

The amount of the electrical energy used for all-house needs is determined by the metering devices established on limit of the Section of balance sheet accessory of power network. In the presence of the consumers connected from under the metering device of the all-house needs, minus total amount of consumption of consumers (residential and not residential customers) connected from under the device of all-house needs.

Governing body of object of condominium of the apartment house at the customer's request or customer groups provide the scheme of electric utility service of electroinstallations of all-house needs with indication of capacity of these installations and detailed calculation of payment for the electric power used by these installations for settlement period or several periods (at the customer's request).";

add with Items 77, 78 and 79 following contents:

"77. Tool check of metering devices of commercial energy is made by means of voltamperfazometr, current-measuring pincers and the equipment used for determination of compliance of coefficient of transformation of transformers of current of devices of commercial accounting to factory indicators, check of correctness of connection of phases, verification of presence of loading on secondary chain, removals of the log (for electronic PKU), removals of vector charts and establishment of the facts of violation of requirements of specifications.

Tool inspection is carried out in the presence of the consumer or in the presence of the authorized representative of the consumer by PKU rasplombirovaniye with the subsequent sealing after completion of tool check in the absence of the revealed violations.

In case of identification of violations of regulatory legal acts in the field of power industry the relevant statement of violation in any form is drawn up and the instruction for elimination of the revealed violations is issued or the measures provided by requirements of these rules are taken.

78. By results of tool check the statement in any form in number of two copies with indication of the following data is drawn up:

1) date, time and address of conducting check, form of check and basis for conducting check;

2) the Surname name middle name (in the presence), position of the representatives of the power transferring or power making organization performing;

3) the Surname name middle name, position of persons invited according to requirements of these rules for participation in check, but not taken part in it;

4) characteristics and installation site of the checked PKU (measuring transformers - in case of their availability), indications of PKU at the time of check and date of the expiration of interval between checkings of the metering device (measuring transformers);

5) compliance to the verificator's print in the certificate on checking and (or) entry in the passport (form) of measuring instrument and installation site of the control seals and signs of visual inspection established at the time of the beginning of check, and also again established (if they changed during check);

6) results of check;

7) characteristics, the name and indicators of devices (equipment) used when conducting check;

8) surname name middle name (in the presence), position of persons who refused signing of the inspection statement or discordant with the results of check, and the reason of such refusal or disagreement specified in the act;

9) registration number of the act.

79. Tool check is made:

1) according to the request of the consumer of again entered object;

2) according to the work plan EPO, but at least once within 5 (five) years;

3) in unplanned procedure in case of determination of above-standard losses (for the purpose of identification of commercial losses);

4) when replacing PKU and measuring transformers;

5) for the purpose of identification of violations of PKU distorting indications.".

3. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of October 23, 2017 No. 356 "About approval of Standard agreements of electric utility service" (it is registered in the Register of state registration of regulatory legal acts at No. 15978) the following change:

be reworded as follows preamble:

"According to the subitem 301) of Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan No. 994 approved by the order of the Government of the Republic of Kazakhstan of September 19, 2014 I ORDER:".

 

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