ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of February 23, 2026 No. 87-n/k

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 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:

1) paragraphs of the 100-th and hundred ninth Item 1 of the List which become effective since July 1, 2025;

2) Items 2 and 7 of the List which become effective since April 1, 2026;

3) paragraphs of the hundred tenth, hundred fifty fourth, hundred seventy fourth, two hundred fourteenth, two hundred thirty first, two hundred thirty second, two hundred thirty third, two hundred forty seventh, two hundred fifty seventh and two hundred eighty second Item 2 of the List which become effective since October 1, 2026.

It is approved Agency on protection and development of the competition of the Republic of Kazakhstan

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

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of February 23, 2026, No. 87-n/k

The list of some orders of the Minister of Energy of the Republic of Kazakhstan 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. 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) to make the following changes and additions:

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 1:

"1. These rules of the organization and functioning of the wholesale market of electrical energy (further – Rules) are developed according to the subitem 275) 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 "Questions of the Department of Energy of the Republic of Kazakhstan" and determine procedure for the organization and functioning of the wholesale market of electrical energy in case of the single purchaser of electrical energy, purchase of electrical energy by the single purchaser of electrical energy from the power making organizations and at suppliers (producers) of electrical energy of other countries, sale of electrical energy by the single purchaser of electrical energy to internal subjects of the wholesale market and to consumers of other countries, determinations by the single purchaser of electrical energy of the forecast prices of sale of electrical energy, implementation by the single purchaser of electrical energy of targeted support for consumers of the wholesale market by differentiation of rates, calculation by the single purchaser of electrical energy of the prices and purchasing amounts of electrical energy conditional consumers and administrators of hybrid group, receivers of investment rate, receivers of intergovernmental rate at the single purchaser of electrical energy, distribution by the single purchaser of electrical energy of costs for support of use of renewable energy resources, determination of hour rates to limiting rates for electrical energy, procedure and payment due dates to the single purchaser of electrical energy of the purchased electrical energy subjects of the wholesale market of the electric power, procedure and payment due dates the single purchaser of the electrical energy purchased from the power making organizations and renewable sources of electrical energy, the mechanism of determination of quota for electrical energy for digital mayner cases and procedure for the conclusion the single purchaser of electrical energy of contracts for transfer of electrical energy with the power transferring organizations and payments of service in transfer of electrical energy.";

in Item 2:

2) to be reworded as follows the subitem:

"2) the basic price – the price at which the single purchaser of electrical energy at the corresponding o'clock sells electrical energy to subjects of the wholesale market of electrical energy, except for the subjects performing activities for digital mining, receivers of investment rate, receivers of intergovernmental rate of consumers of green energy, subjects of the receivers of targeted support, conditional consumers included in the list;";

28) to be reworded as follows the subitem:

"28) the centralized biddings by electrical energy for the power making organizations – the centralized auction by electrical energy held by the operator of centralized trade in which the subjects of the wholesale market of electrical energy performing sale of electrical energy participate;";

add with subitems 29), 30), 31) and 32) of the following content:

"29) investment rate – hourly rate for purchase of electrical energy from the single purchaser of electrical energy for covering of investment obligations according to investment projects which implementation began till July 1, 2023, determined according to the procedure, provided by the Law;

30) the receiver of investment rate – the wholesale consumer of electrical energy (industrial facility) included in the list of receivers of investment rate approved by the order of the Government of the Republic of Kazakhstan, performing purchase of electrical energy on investment rate according to the procedure, determined by the Government of the Republic of Kazakhstan and these rules;

31) intergovernmental rate – hourly rate for purchase of electrical energy from the single purchaser of electrical energy on projects which implementation began till July 1, 2023, determined according to the procedure, provided by these rules;

32) the receiver of intergovernmental rate – the wholesale consumer of electrical energy performing purchase of electrical energy on intergovernmental rate according to the procedure, determined by these rules and included in the list of receivers of intergovernmental rate approved by the order of authorized body, sent to the single purchaser of electrical energy.";

be reworded as follows item 4:

"4. The power making organizations power making the organizations which are using renewable energy resources and power making the organizations using the secondary energy resources which are power making the organizations using energy waste recycling perform sale of electrical energy in the wholesale market of electrical energy to subjects of the wholesale market of electrical energy.

At the same time the power supplying organizations perform sale of electrical energy in the retail market of electrical energy to subjects of the retail market of electrical energy only within administrative and territorial unit (area) on which its power networks are located.

The power supplying organizations perform sale of electrical energy in the retail market of electrical energy to subjects of the retail market of electrical energy with the total permitted capacity less than five megawatts, according to Item 1 of article 16 of the Law.

The requirement, regarding the total permitted capacity less than five megawatts, do not extend on:

1) nonresident organizations of the Republic of Kazakhstan;

2) the critical infrastructure determined according to the Law of the Republic of Kazakhstan "About civil protection" including the state-utility companies;

3) the organizations performing oil transportation and (or) oil products on bulk distribution lines.";

be reworded as follows Item 7:

"7. Subjects of the wholesale market of electrical energy perform purchase of electrical energy only from the single purchaser of electrical energy and sign the relevant agreement in form, according to appendices 1 and 2 to these rules and (or) at the power making organizations entering with them one group of persons in the Register of groups of persons and (or) at the administrator of hybrid group entering with them into hybrid group and (or) at the power making organizations using renewable energy resources and sign with them the corresponding purchase and sale agreements of electrical energy.

At the same time, the system operator buys planned amounts of electrical energy for technological and production needs of national power grid from the power making organization using renewable energy resources, at least twenty five percent of voting shares (shares in the authorized capital) which directly or indirectly belong to National welfare fund, based on the purchase and sale agreement of electrical energy signed according to the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector" in the cases specified in Item 2-2 of article 10 of the Law.

The system operator in the absence of technical capability of implementation of purchase of electrical energy for technological and production needs of national power grid at the single purchaser of electrical energy owing to the isolated work from single electric utility system of the Republic of Kazakhstan (further – EEC of RK), acquires the electric power because of limits of the Republic of Kazakhstan at the suppliers of electrical energy realizing electrical energy in the territory of the Republic of Kazakhstan directly on behalf of the foreign producer.";

be reworded as follows Item 9:

"9. The power supplying organizations power transferring the organizations consumers, including the receivers of investment rate, receivers of intergovernmental rate and digital mayner who are subjects of the wholesale market of electrical energy sign with the system operator the service provision agreement on use of national power grid, except as specified, of stipulated in Item 7-1 article 13 of the Law.";

add with Items 11-1 and 11-2 of the following content:

"11-1. Receivers of investment rate buy electrical energy from the single purchaser of electrical energy on the investment rate calculated by the single purchaser of electrical energy, according to the procedure, determined by the Rules of forming and establishment of terms of provision of investment rate approved by the order of the Government of the Republic of Kazakhstan of August 12, 2025 No. 606 (further – Rules of investment rate);

11-2. Receivers of intergovernmental rate buy electrical energy from the single purchaser of electrical energy on the intergovernmental rate calculated by the single purchaser of electrical energy, according to the procedure, determined by these rules.";

be reworded as follows Item 18:

"18. All power making organizations perform sale of the electrical energy released in network, only to the single purchaser of electrical energy, signing the relevant agreements in forms, according to appendices 3, 4 to these rules, and (or) the consumers entering with them one group of persons or the administrator of hybrid group entering with them into one hybrid group and sign with them the corresponding purchase and sale agreements of electrical energy according to Item 3-1 of article 13 of the Law.

The power making organizations realizing electrical energy to the consumers entering with them one group of persons and the administrator of hybrid group entering with them into one hybrid group according to the paragraph the second Item 3-1 of article 13 of the Law perform sale of electrical energy out of group of persons and hybrid group only to the single purchaser of electrical energy. At the same time the consumer the legal entity acquiring electrical energy for own needs without further sale is recognized.

At the same time the amount of electrical energy which is not declared to realization by the power making organization according to paragraphs to the first and second this Item is not subject to realization by application for participation in balancing for increase.

The power making organization using renewable energy resources, at least twenty five percent of voting shares (shares in the authorized capital) which directly or indirectly belong to National welfare fund, performs sale of electrical energy in the cases specified in Item 2-2 of Article 10 and in Item 16 of article 13 of the Law.";

be reworded as follows Item 19:

"19. According to Item 3-2 of article 13 of the Law which is power making the organizations are prohibited:

1) realization (sale) of electrical energy to subjects of the retail market of electrical energy, and also to subjects of the wholesale market of electrical energy, except for the single purchaser of electrical energy and (or) consumers entering with it one group of persons, or the administrator of hybrid group entering with it into one hybrid group;

2) realization (sale) of electrical energy in the absence of the automated system of commercial accounting of the electrical energy providing data transmission of hourly accounting under the approved protocols in the central database of the automated system of commercial accounting of electrical energy of the system operator;

3) realization (sale) of electrical energy to digital mayner, except as specified, specified in subitems 2) and 4) of article 9-4 of the Law;

4) acquisition (purchase) of electrical energy from other power making organization if other is not stipulated in Item the 16th article 13 of the Law.";

in Item 24:

15) to be reworded as follows the subitem:

"15) sells on basis short-term or long-term (over a year) to the consumer of green energy the electrical energy developed by objects for use of renewable energy resources on the green rates determined according to Rules of determination of rate for support;";

add with the subitem 16) of the following content:

"16) in the case provided by the subitem 20) of Item 5 of article 19-1 of the Law allocates the received funds from the receiver of investment rate for decrease in basic prices of the single purchaser of electrical energy, according to the procedure, determined by authorized body.";

be reworded as follows Items 36 and 37:

"36. Till 20 (twentieth) (inclusive) the month 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.

Data of the approved actual balance are adjusted within aggregate term of limitation period from the moment of approval of the actual balance for settlement period, based on the court resolution which took legal effect or based on the address of the subject of the wholesale market of electrical energy approved with all concerned parties.

The address is considered approved by all concerned parties if the following documents are submitted:

1) the power transferring (power making) organizations on whose networks transfer of electrical energy to the addressed subject of the wholesale market of electrical energy is performed, provided to the system operator the corrected balance on the networks with indication of this adjustment;

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