ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of December 3, 2015 No. 684

About approval of the Standard agreement on rendering service in ensuring readiness of electric power for execution of loading

According to the subitem 307) 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:

1. Approve the enclosed Standard agreement on rendering service in ensuring readiness of electric power for execution of loading.

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) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;

3) the direction of the copy of this order within ten calendar days from the date of its obtaining in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan;

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

5) 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), 3) and 4) 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 since January 1, 2018 and is subject to official publication.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of December 3, 2015 No. 684

The standard agreement on rendering service in ensuring readiness of electric power for execution of loading

___________________________                           "___" __________ 20 __.
   (place of agreement)

_______________________________________________________________,
                   (name of the organization, BIN)

on behalf of ______________________________________________________________,
                                       (position, F.I.O (in the presence)

acting on the basis of the ___________________________________________,
                                                        (name of the document)

hereinafter referred to as Pobedtyel, on the one hand

____________________________________________________________________,
                     (name of the single purchaser, BIN)

on behalf of ______________________________________________________________,
                                (position, F.I.O (in the presence)

acting on the basis of the ___________________________________________,
                                             (constituent document of the single purchaser)

hereinafter referred to as "Supplier", on the other hand, together also hereinafter referred to as "Parties", and separately "Party", signed this agreement on rendering service in ensuring readiness of electric power for execution of loading (further – the Agreement) as follows.

Chapter 1. Basic provisions

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

1) the control period – interval of time of calendar day from 17:00 till 23:00 o'clock local time (Monday through Friday, except for holidays);

2) the 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 the Law of the Republic of Kazakhstan "About power industry;

3) settlement period – the period determined in the Agreement as 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 – time of meridian of Greenwich plus one hour) the last day of month for which calculation of service in ensuring readiness of electric power for execution of loading is made;

4) the system operator – the national company exercising centralized supervisory control, ensuring parallel work with power supply systems of other states, maintenance of balance in single electric utility system of the Republic of Kazakhstan, rendering system services and acquisition of support services at subjects of the wholesale market of electrical energy, and also maintenance and maintenance in operational readiness of national power grid and providing its development;

5) regional profile of loading – the algorithm of calculation of hourly values of consumption (balance overflow) of electrical energy of consumers of the market of capacity determined by the system operator;

6) complex of commercial accounting – the equipment necessary for commercial accounting located between certain point of commercial accounting and point of connection to the information acquisition device;

7) authorized body – the state body performing management in the field of power industry;

8) forecast demand for electric power – the document developed by the system operator determining forecast sizes of the consumption of electric power of subjects of the wholesale market of electrical energy, maximum in year, and necessary reserves of electric power of single electric utility system of Kazakhstan;

9) service 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.

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.

Chapter 2. Subject of the agreement

2. This Agreement is signed from 1 number of settlement period (calendar month) until the end of calendar year.

3. The supplier shall render, and the Consumer to accept and pay service in ensuring readiness of electric power for execution of loading (further - service in providing) in accordance with the terms hereof and requirements of the legislation of the Republic of Kazakhstan in the field of power industry.

4. Specifications and characteristics of rendering services:

____________________________________________________________________
   (specifications and characteristics of subject of this agreement which shall conform to requirements of regulating technical documents are provided in this Item, if necessary appendices to this Agreements are drawn up).

5. The price for which the Consumer shall pay service in providing the Supplier under this agreement, for the corresponding calendar year (further - contract price) is determined by the Supplier according to Rules of calculation and placement on Internet resource by the single purchaser of the price of service in ensuring readiness of electric power for execution of loading approved by the order of the Minister of Energy of the Republic of Kazakhstan of December 3, 2015 No. 685 (it is registered in the Register of state registration of regulatory legal acts for No. 12474).

Contract price within the corresponding calendar year remains invariable (fixed).

6. The amount of service in providing which the Consumer shall consume under this agreement (further – contractual amount), for the corresponding calendar year is determined according to the Rules of the organization and functioning of the market of electric power approved by the order of the Minister of Energy of the Republic of Kazakhstan of February 27, 2015 No. 152 (it is registered in the Register of state registration of regulatory legal acts for No. 10612) (further – Rules of the market of capacity).

Change of contractual amount within the corresponding calendar year is performed according to Rules of the market of capacity.

The contractual amount on 20 __ is constituted year ______ by Mvt*mesyats monthly during timeline for delivery of services under the Agreement.

Chapter 3. Rights and obligations of the Parties

7. The consumer has the right:

1) to receive service in providing according to this agreement and the legislation of the Republic of Kazakhstan on power industry;

2) to submit the Supplier the change order of contractual amount according to Rules of the market of capacity;

3) to demand from the Supplier of accomplishment of obligations under this agreement;

4) to buy electrical energy in the wholesale and retail markets of electrical energy within contractual amount, except as specified, when time of implementation of purchase of electrical energy is not necessary for the control periods, taking into account the technical restrictions for consumption of electrical energy introduced by the system operator according to Rules of the market of capacity;

5) to address to judicial authorities for the solution of the matters of argument connected with the conclusion and execution of this Agreement.

8. The consumer shall:

1) timely to pay service in providing the Supplier according to this Agreement;

To send 2) to the system operator forecast requests for consumption according to Rules of the market of capacity;

3) daily to transfer to the system operator information on the actual hourly amounts of the electrical energy consumed for last days in the presence of the automated system of commercial accounting of electrical energy (further – ASKUE), and also information on the actual hourly amounts of the electrical energy released in network by the power plant which is part of the Consumer and not being the separate legal entity for last days;

4) monthly, in the presence of ASKUE to fix the actual maximum size of electric power of consumption for settlement period;

5) monthly to fix and transfer to the system operator information on the actual amount of consumption of electrical energy for settlement period, including about the actual amount of consumption of electrical energy in the retail market of electrical energy, about the actual hourly values of development of electrical energy of the power plants which are part of the Consumer, their leave in network and own consumption of electrical energy for settlement period;

6) to provide availability and operability of measuring complexes of commercial accounting of the electric power with connection to ASKUE of the system operator;

7) to allow employees of system operator to devices of commercial accounting for the purposes of removal of indications, check of technical condition of chains of telemetry and systems of commercial accounting;

8) without delay to notify the Supplier on the change of the name, legal address, the actual location and other details necessary for execution of this Agreement, and also on liquidation according to the legislation of the Republic of Kazakhstan with the notification of the Supplier in 30 days prior to adoption of the relevant decision;

9) daily till 08:00 o'clock (on time of the city of Astana) to enter the purchasing request of the electric power into the system of the balancing market of electrical energy and to sign it the digital signature;

10) to perform other functions (actions) provided by Rules of the market of capacity.

9. The supplier has the right:

1) to demand from the Consumer of payment of service in providing according to this Agreement;

To send 2) to the System operator of the request for input (removal) of technical restrictions for consumption of electrical energy of the Consumer according to Rules of the market of capacity;

3) at the request of state bodies within their competence to provide information on activities of the Consumer in the market of electric power;

4) to take a legal action for the solution of the matters of argument connected with the conclusion and execution of this Agreement.

10. The supplier shall:

1) to render service in providing according to this agreement and Rules of the market of capacity;

2) without delay to notify the Consumer on the change of the name, legal address, the actual location and other details necessary for execution of this Agreement.

3) to perform other functions (actions) provided by Rules of the market of capacity.

Chapter 4. Payment of service in providing

11. The consumer pays service in providing the Supplier under this agreement monthly, no later than thirty calendar days after completion of month of rendering this service.

The amount of service in providing which is actually rendered by the Supplier for settlement period (calendar month) is subject to payment from the Consumer (further - the actual amount of service in providing)

The actual amount of service in providing is determined by the Supplier according to Rules of the market of capacity.

12. The payment of the actual amount of service in providing specified in Item 11 of this Agreement is made by the Consumer based on the corresponding invoice provided by the Supplier for payment and the act of the rendered services signed by the Parties.

13. If the Consumer disputes correctness of the exposed invoice, it notifies the Supplier within five calendar days from the date of its obtaining and submits to the Supplier the written application with statement of objections. The consumer shall pay not disputed part of the invoice according to part one of Item 11 of this Agreement.

14. In the presence of debt for the previous settlement periods, first of all payment goes for repayment of this debt. If for settlement period the Consumer paid to the Supplier the amount exceeding the amount specified in the corresponding invoice, the difference of this exceeding automatically is set off in advance payment of the next settlement period.

15. Payment by the Consumer of the actual amounts of service in providing is performed by means of transfer of the corresponding amounts of money for the current account of the Supplier on the details specified in this Agreement.

16. The invoice is submitted by the Supplier Potrebitelyu in time no later than fifteen calendar days from the date of completion of the corresponding settlement period.

Chapter 5. Organization of accounting

17. The values of electric power used in case of determination of the actual the value of electric power of consumption of the consumer of the market of capacity, maximum for settlement period (calendar month), are determined by data ASKUE, providing data transmission of hourly accounting from the ASKUE database on the approved protocols in the ASKUE central database of the system operator. In the absence of data ASKUE at the system operator, the values of electric power used in case of determination of the actual the value of electric power of consumption of the consumer of the market of capacity, maximum for settlement period (calendar month), are determined by regional profile of loading.

18. The regional profile of loading is determined according to Rules of the market of capacity.

Chapter 6. Responsibility of the parties

19. 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.

20. For non-payment of the invoice by the time of approach of payment due date on it, the Supplier has the right to charge penalty on the unpaid Consumer 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 Consumer of payment of the penalty calculated proceeding from one and a half the multiple refunding rate established by National Bank of the Republic of Kazakhstan on the date of the actual execution by the Consumer of monetary commitment, for each day of payment delay.

21. Responsibility for the effects which resulted from input by the system operator of technical restrictions for consumption of electrical energy of the Consumer provided that this input of technical restrictions is performed by the system operator based on the corresponding request of the Supplier sent to the system operator according to Rules of the market of capacity is born by the Consumer. The supplier and the system operator do not bear responsibility.

Chapter 7. Force majeure circumstances

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

23. The parties are exempted from liability for non-execution or improper execution of obligations under this agreement if it was consequence of force majeure circumstances. In this case any of the Parties will not have the right to indemnification. Any of the Parties is not exempted from the obligations under this agreement arising before force majeure circumstances.

24. If one of the Parties is not able to fulfill the obligations under this agreement within sixty calendar days from the date of approach of force majeure circumstances, other Party has the right to terminate the Agreement.

Chapter 8. Consideration of disputes

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

26. In case of default of agreement, all disputes and disagreements are under this agreement permitted in courts on the location of the Supplier according to the civil legislation of the Republic of Kazakhstan.

Chapter 9. Other provisions

27. Settlement between the Parties is under this agreement made in national currency of the Republic of Kazakhstan.

28. The relations of the Parties following from this Agreement and which are not settled by it are regulated by the legislation of the Republic of Kazakhstan in the field of power industry.

29. 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 provided by this Agreement and the cases established by the legislation of the Republic of Kazakhstan.

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

31. This Agreement becomes effective from 1 number of settlement period (calendar month) and is effective before complete execution of obligations by the Parties under this agreement.

32. This Agreement is constituted in duplicate, in the state and Russian languages, in one copy for each Party. Both copies have equal legal force.

Chapter 10. Details of the parties

33. Legal addresses, bank details and signatures of the Parties

Consumer name Address: Phone: Banking data: ___________ Surname Name Middle name (in case of its availability) (signature)

Name of the Supplier Address: Phone: Banking data: ___________ Surname Name Middle name (in case of its availability) (signature)

 

 

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