ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2015 No. 109

About approval of the Standard agreement about purchase of service in maintenance of readiness of electric power of the generating installations which are again put into operation

According to the subitem 7) of article 5 of the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" I ORDER:

1. Approve the enclosed Standard agreement about purchase of service in maintenance of readiness of electric power of the generating installations which are again put into operation.

2. To provide to 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) the direction on official publication of its copy within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) 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 2) and 3) 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 February 20, 2015, No. 109

The standard agreement about purchase of service in maintenance of readiness of electric power of the generating installations which are again put into operation

__________________________                     "___" ________________ 20 __.

(place of agreement)                           (date of the conclusion)

_____________________________________________________________________

         (the name of the power making organization)

the supplier providing service in maintenance of readiness of electric power, hereinafter referred to as, on behalf of

____________________________________________________________________,

                             (position, First name, middle initial, last name)

acting on the basis of the ________________________________________, 

on the one hand, and __________________________________________________

____________________________________________________________________,

   (name of the organization, certificate of state registration,

                               date and body of issue)

hereinafter referred to as the system operator, on behalf of

____________________________________________________________________,

                                (position, First name, middle initial, last name)

acting on the basis of the __________________________________, and also the order of authorized body from "___" _________ years

No. ________ (further - the Parties) by results of the tender for construction of the generating installations which are again put into operation in compliance

with the order of authorized body from "___" ________ years No. ____, signed this agreement (further - the Agreement) as follows:

1. In this Agreement the following concepts and determinations are used:

1) settlement period - the period of time equal to one calendar month from 00-00 o'clock the first day till 24-00 o'clock (Central European time) the last day of month for which calculation of service in maintenance of readiness of electric power is made;

2) national dispatch center of the system operator (further - NDTs WITH) - the structural division of the system operator performing functions of the central supervisory control of the modes of production, transfer and consumption of electrical energy and capacity in single electric utility system of the Republic of Kazakhstan;

3) authorized body - the state body performing management in the field of power industry;

4) service in maintenance of readiness electric the moshchnostiusluga rendered by the power making organizations to the system operator on the maintenance of readiness of electric power of the generating installations certified in accordance with the established procedure to execution of loading.

Other concepts and determinations used in this Agreement are applied according to the legislation of the Republic of Kazakhstan in the field of power industry.

1. Subject of the agreement

2. The supplier shall provide, and the system operator to accept and pay service in maintenance of readiness of electric power of the generating installations which are again put into operation (further - service) according to Item 9 of this Agreement.

3. Acquisition of service is performed by the system operator from the date of certification of the generating installation of the supplier put into operation.

4. The price, amount of service and the duration of the agreement are determined by authorized body following the results of the held tender for construction of the generating installations which are again put into operation according to the procedure, established according to the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" (further - the Law).

2. Rights and obligations of the Parties

5. The system operator shall:

1) to perform the activities according to requirements of the legislation of the Republic of Kazakhstan in the field of power industry;

2) quarterly to sign the reconciliation statement of mutual calculations under this agreement as of the last number of quarter with indication of disagreements or without those;

3) to provide to the supplier necessary technological information, characteristics and schemes of the transferring lines and substations, lists of persons, directly actionees of terms of the contract and having the right to conduct operational negotiations.

6. Rights of the system operator:

1) to give commands for increase and (or) decrease in generation within the certified size (maximum and minimum) to electric power;

To apply 2) in calculations decreasing coefficient in case, stipulated in Item the 12th this Agreement.

7. The supplier shall:

1) to perform the activities according to requirements of the legislation of the Republic of Kazakhstan in the field of power industry;

2) to execute NDTs dispatcher commands WITH on increase and (or) decrease in generation within the certified size (maximum and minimum) electric power;

3) quarterly to sign the reconciliation statement of mutual calculations under this agreement as of the last number of quarter with indication of disagreements or without those.

8. Rights of the supplier:

1) to demand from the system operator of accomplishment of obligations under this agreement.

3. Price and procedure of payments

9. Payment for service is made by the system operator according to the price determined by authorized body according to item 4 of this Agreement after the submission of the supplier invoice for payment exposed based on the reconciliation statement of amount of service.

10. If the system operator disputes correctness of the invoice, it notifies the supplier within ten calendar days from the date of receipt of this account and submits to the supplier the written application with statement of objections. At the same time the system operator shall pay not disputed part of the account in the terms stated above.

11. If corrections in accounts are necessary, the Parties make correction of the account of subsequent settlement periods.

12. In case of the emergency and unplanned repairs of the generating equipment which entailed decrease in the amount of service defined by the Agreement, with lasting, exceeding 72 hours during calendar month, when calculating cost of service the decreasing coefficient which is calculated by formula is applied:

Kpon = (Chmes - _CHARMS) / Chmes, where

Kpon - the decreasing coefficient accepted in calculation;

Chmes - number of hours in settlement month;

_CHARMS - the actual number of idle time of the generating equipment in emergency, unplanned repair.

13. In case of the emergency and unplanned repairs of the generating equipment which entailed decrease in amount of service from defined by the Agreement with lasting less than 72 hours during calendar month, when calculating cost of service decreasing coefficients are not applied.

14. In the presence at the supplier of deliveries of electrical energy for export the contractual amount of service is recognized equal to the limiting amount of service determined in case of certification of equipment, reduced by amount of consumption of capacity for own and (or) economic needs of the corresponding generating equipment and the maximum capacity realized for export.

4. Service accounting

15. In case of accomplishment by the supplier of all requirements for readiness of the generating equipment for development of electrical energy the actual amount of service is accepted to settlement period equal to the contractual amount of service determined according to item 4 of this Agreement, with signing by the Parties of the act of the rendered service no later than the fifth following settlement.

16. The amount of the services received and which are subject to payment by the system operator for settlement period is confirmed by the reconciliation statement of actually rendered services in maintenance of readiness of electric power of the generating installations (further - the act), the drawn-up supplier based on the data approved with NDTs WITH within 5 (five) working days of the month following settlement period. The act is signed by the authorized person of the supplier, certified it by seal and faxed to the system operator with sending the original document by mail. In case of lack of notes, the system operator during the next 2 (two) working days signs the act, assures seal and faxes to the supplier. After receipt of the original of the act the system operator signs the act, assures seal and reports by mail to the supplier.

17. The actual size of the rendered service in maintenance of readiness of electric power taking into account the carried-out extraordinary certifications and the coefficient specified in Item 12 of this Agreement shall be reflected in the act.

5. Responsibility of the parties

18. Under this agreement the parties bear responsibility according to the legislation of the Republic of Kazakhstan for failure to carry out or inadequate accomplishment of obligations.

19. For account non-payment by the time of approach of payment due date on it the supplier has the right to charge penalty on the unpaid system operator to the amounts, since the day following behind day of the termination of payment due date. On the overdue amounts the supplier has the right to demand from the system operator of payment of the penalty calculated proceeding from official rate of refinancing of National Bank of the Republic of Kazakhstan on the date of the actual non-execution of monetary commitment by the system operator, for each day of payment delay, but no more amount of principal debt.

6. Force majeure circumstances

20. Force majeure circumstances are determined according to the Civil code of the Republic of Kazakhstan.

21. Completion date of agreement obligations is postponed in proportion to time during which force majeure circumstances, and also effects caused by these circumstances were effective.

22. If the impossibility of complete or partial obligation fulfillment by Agreement parties in connection with approach of force majeure circumstances exists over six months, then the Parties will have the right to review or terminate the Agreement.

7. Consideration of disputes

23. All disputes or disagreements arising from being of this Agreement are permitted by negotiations of the parties.

24. In case of default of agreement, all disputes and disagreements over the Agreement are permitted in courts on the location of the defendant.

8. Other provision and conditions

25. The agreement is signed with the supplier in individual procedure.

26. Information containing in this Agreement is confidential and is not subject to disclosure and (or) transfer to the third parties without written consent of the Parties, except as specified, established by the legislation of the Republic of Kazakhstan.

27. All changes, amendments and appendices to this Agreements are valid and are valid only if they are constituted in writing and signed both Parties.

28. This Agreement is constituted in duplicate on one for each of the parties. Both copies have equal legal force.

29. This Agreement becomes effective from the moment of signing, and regarding payment from signature date of the act of certification of electric power of the generating installations is valid to "___" with ________ 20 ___ years. 30. This Agreement can be terminated by agreement of the parties by agreement signature about termination.

Address and details of the parties

System                      operator Postavshchik

______________                               ____________

 locus sigilli                                   locus sigilli

 

 

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