LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 12, 2015 No. 394-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning power industry

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

1. In the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 16, Art. 214; 1999, No. 19, Art. 646; 2000, No. 3-4, of Art. 66; 2001, No. 23, Art. 309; 2002, No. 23-24, of Art. 193; 2004, No. 14, Art. 82; No. 23, Art. 138, 142; 2006, No. 2, Art. 17; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 13, Art. 87; 2007, No. 3, Art. 20; No. 19, Art. 148; 2008, No. 15-16, of Art. 64; No. 24, Art. 129; 2009, No. 11-12, of Art. 54; No. 13-14, of Art. 62; No. 18, Art. 84; 2010, No. 5, Art. 20, 23; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 112; No. 16, Art. 129; 2012, No. 2, Art. 9, 15; No. 3, Art. 21; No. 4, Art. 30; No. 11, Art. 80; No. 12, Art. 85; No. 15, Art. 97; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 79, 82; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 64; No. 14, Art. 87; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 9, Art. 46):

The subitem 1) of Item 1 of Article 5 to add 1) with the paragraph the seventh the following content:

"in case of implementation of functions by it on interaction with power supply systems of the adjacent states on management and ensuring stability of the modes of parallel work.";

The subitem 3) of Item 1 of Article 18-1 to state 2) in the following edition:

"3) implementation by the subject of natural monopoly of other activities permited by this Law, except for to the activities established by the legislation of the Republic of Kazakhstan on the bulk distribution line.

Requirements of this subitem do not extend to cases of implementation by the subject of natural monopoly of other activities connected with accomplishment of functions by it on interaction with power supply systems of the adjacent states on management and ensuring stability of the modes of parallel work according to the legislation of the Republic of Kazakhstan on power industry;";

Items 2-1 and 9 of Article 18-4 to state 3) in the following edition:

"2-1. The subject of natural monopoly conducts procurement of strategic goods directly at producers of strategic goods, except as specified:

1) availability the confirmed state body performing management in the field of power industry, deficit of electrical energy in the corresponding goods market;

2) discrepancies of the subject of natural monopoly to the conditions for participation in the wholesale market of electrical energy shown to consumers;

3) purchases of electrical energy for economic needs of subjects of natural monopolies in spheres of transfer and distribution of electrical energy, electrical energy for the purpose of compensation of variations of the actual interstate balance overflow of electrical energy from planned on border with power supply systems of the adjacent states;

4) purchases of gas at the gas-distributing organizations according to the legislation of the Republic of Kazakhstan on gas and gas supply;

5) purchases of electrical energy according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources.";

"9. The requirements provided by this Article do not extend to the subjects of natural monopolies conducting procurements of the balancing electric power, electrical energy at the centralized biddings, the spot market according to the legislation of the Republic of Kazakhstan on power industry and also to subjects of natural monopolies of low power and the regional electric grid companies.".

2. In the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 17, Art. 102; 2006, No. 3, Art. 22; No. 7, Art. 38; No. 13, Art. 87; No. 24, Art. 148; 2007, No. 19, Art. 148; 2008, No. 15-16, of Art. 64; No. 24, Art. 129; 2009, No. 13-14, of Art. 62; No. 15-16, of Art. 74; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 129; 2012, No. 3, Art. 21; No. 12, Art. 85; No. 14, Art. 92; No. 15, Art. 97; 2013, No. 4, Art. 21; No. 14, Art. 75; No. 15, Art. 79; 2014, No. 10, Art. 52; No. 12, Art. 82; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 11, Art. 57):

1) in Article 1:

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

"2-1) passport of readiness - annually issued document confirming readiness of the power making and power transferring organizations to work during the autumn and winter period;

2-2) single purchaser - the legal entity determined by authorized body, performing centralized purchase of service in maintenance of readiness of electric power and centralized rendering service in ensuring readiness of electric power for execution of loading according to the procedure, provided by this Law;";

add with subitems 2-3), 15-2), 18-2), 22-2), 23-1) and 26-1) of the following content:

"2-3) generating installation - the device developing electrical energy;";

"15-2) autumn and winter period - heating season which beginning and completion are established by local executive bodies;";

"18-2) Market Council - the non-profit organization performing activities for monitoring of functioning of the market of electrical energy and capacity, and also other functions provided by this Law;";

"22-2) expert organization - the legal entity performing activities for conducting energy examination according to the legislation of the Republic of Kazakhstan;";

"23-1) limiting rate for the balancing electric power - approved by authorized body for groups of the power making organizations realizing electrical energy for the term equal to seven years, the maximum size of holiday rate (price) of the electric power realized in the balancing market of electrical energy, considering production costs of electrical energy, purchase of the electric power from settlement financial center on support of renewable energy resources and the fixed profit for balancing determined by the technique established by authorized body;";

"26-1) national operator - the legal entity performing centralized import and export of the electric power, and also the functions provided by this Law, except for purchase and sale of the electrical energy performed by the system operator;";

state subitems 31-1) and 31-2) in the following edition:

"31-1) services in maintenance of readiness of electric power - the service rendered by the power making organizations to the single purchaser in maintenance of readiness of the electric power of the generating installations certified in accordance with the established procedure for execution of loading;

31-2) limiting rates for service in maintenance of readiness of electric power - the approved by authorized body for the term equal to seven years, maximum size of rate (price) of service in maintenance of readiness of electric power for all operating power making organizations (except for amounts of service in maintenance of readiness of electric power when which rendering the operating power making organizations and winners of the tender for construction of the generating installations which are again put into operation use the individual rate for service in maintenance of readiness of electric power established by authorized body);";

exclude subitem 31-3);

state subitems 31-4), 31-5) and 31-6) in the following edition:

"31-4) individual rates for service in maintenance of readiness of electric power - the individual rate for service in maintenance of readiness of electric power established by authorized body for the operating power making organizations which signed investment agreements on upgrade, expansion, reconstruction and (or) updating, and also for winners of the tender for construction of the generating installations which are again put into operation;

31-5) services in ensuring readiness of electric power for execution of loading - the service rendered by the single purchaser in ensuring readiness of the electric power of the generating installations in single electric utility system of the Republic of Kazakhstan certified in accordance with the established procedure for execution of loading;

31-6) markets of electric power - system of the relations between subjects of the wholesale market of electrical energy connected with maintenance by the power making organizations of the generating equipment in ready state to development of electrical energy, updating, support, reconstruction and modernization of the existing production assets, and also their creation;";

exclude subitem 31-7);

add with subitem 31-8) of the following content:

"31-8) centralized biddings by electric power - the process directed to the conclusion of service provision agreements on maintenance of readiness of electric power between the power making organizations and the single purchaser in electronic system of trade;";

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