ORDER OF THE STATE COMMITTEE OF THE INDUSTRY, POWER AND SUBSURFACE USE OF THE KYRGYZ REPUBLIC

of April 28, 2017 No. 1/1

About approval of the Standard agreement of delivery of the electrical energy made by the company developing the electric power using renewable energy resources to the distributing company

For the purpose of creating favorable conditions for development of renewable energy resources in the Kyrgyz Republic, and also according to the Laws of the Kyrgyz Republic "About power industry", "About power" and "About renewable energy resources", according to the Order of the Government of the Kyrgyz Republic of September 15, 2014 to No. 530 "About delegation of separate rule-making powers of the Government of the Kyrgyz Republic number of state bodies of the executive authority", I order:

1. Approve the Standard agreement of delivery of the electrical energy made by the company developing the electric power using renewable energy resources to the distributing company according to appendix.

2. To department of development of renewable energy resources and energy saving of the State committee of the industry, power and subsurface use of the Kyrgyz Republic according to the legislation of the Kyrgyz Republic to take the measures for official publication of this Order and its state registration established by the legislation.

3. To impose control of execution of this order on the vice-chairman of the State committee of the industry, power and subsurface use of the Kyrgyz Republic Omorov A. K.

4. This Order becomes effective after fifteen days from the date of official publication.

5. The copy of this Order, after its introduction in force to send to Government office of the Kyrgyz Republic for information.

Approved by the Order of the State committee of the industry, power and subsurface use of the Kyrgyz Republic of April 28, 2017, No. 1/1

The standard agreement of delivery of the electrical energy made by the company developing the electric power using renewable energy resources to the distributing company

Bishkek (Osh, Karakol, Mr. Zhalalabat)

"____" ______________ 20 ____.

___________________________ - The company developing the electric power which is hereinafter referred to as "Supplier", on behalf of the Head _______________________________________, acting on the basis of the Charter on the one hand, and _______________________________

- The distributing company which is hereinafter referred to as "Buyer", on behalf of full name ___________________________________, acting on the basis of the Charter on the other hand, and together - the Parties, signed this Agreement as follows:

1. Determinations

For the purposes of this Agreement concepts, to the corresponding determinations are used:

- The company developing the electric power - any state, private legal entity or physical person performing activities on production of electricity and operation of power plants;

- Geothermal installation - system of the equipment for transformation of geothermal power (the energy containing in earth subsoil) in electrical energy;

- Solar installation - system of the equipment for transformation of energy of the sun in heat or electrical energy;

- Wind installation - system of the equipment for transformation of wind energy in electrical energy;

- Transmission of electricity - transportation service of electrical energy on the transferring power networks to border of property of the Parties of the electrical energy delivered in network of the Transferring organization by the Supplier;

- The contract for purchase and sale of electrical energy - the document concluded between the Supplier and the Buyer for purchase and sale of electrical energy;

- Amount of electric power - the physical quantity of electrical energy transferred on border of property of the Parties and determined by indications of settlement means of accounting;

- Technical losses are technological expense of electrical energy in case of its production, transfer and distribution on power networks;

- System of financial calculations - system through which payments for the electric power for implementation of calculations according to regulations are made and turn out;

- The settlement period is the period specified in this Agreement for which payment for the delivered electric power is made;

- Authorized state body of the Kyrgyz Republic in the field of power - state body of the Kyrgyz Republic the representative for control and regulation of the relations in the field of power;

- Settlement means of accounting - the metering devices considering the developed, and also released electric power, subjects for payment. Settlement means of accounting are established on limit of the Section of network (on balance sheet accessory);

- Control means of accounting - devices of technical accounting of the electric power for control of expense of the electric power. The next means of accounting of electrical energy on the scheme are used;

- Border of balance sheet accessory - point of connection of the power networks belonging to different owners which is determined by border of property of the Parties;

- The Automated Information and Measuring System of Commercial Accounting of the Electric Power (AIMSCAEP) - the system consisting of complex of the specialized, metrological certified technical means, software, means of communication and the corresponding personnel allowing to make the commercial accounting (CA) of the electric power, data transmission of KU, their processing in the automated mode including reliability assessment, possibility of exchange;

- Fundamental breach - belongs violation of completion dates of the obligations established in this Agreement within 3 (three) and more months to fundamental breaches of this Agreement.

2. Subject of the agreement

2.1. The supplier performs supply of electricity on property border - the distributing device (DD) of 6-10 kV _________________________, and the Buyer accepts the electric power on accessions of power network in the points which are border of property of the Supplier and Buyer, given in Appendix of 1 present equipped with settlement means of accounting of electrical energy and in extent of the capacity permitted by specifications established on each accession which is in property of the Buyer.

2.2. The amount to the Buyer delivered to the electric power by the Supplier for year with breakdown on quarters is drawn up by Appendix 2 of this Agreement which annually till November 1 is subject to revision.

2.3. The supplier represents to the Buyer the planned amounts of the transferred electric power the forthcoming year with breakdown on quarters on Appendix 2 of this Agreement.

2.4. The procedure for dispatching management is determined by treaty and other stipulations about relations of personnel of the Parties by operational equipment maintenance.

3. Obligations of the parties

3.1. The supplier shall:

3.1.1. In accordance with the terms hereof the Supplier shall perform the electrical supply made with use of RES to the Buyer, and the Buyer shall buy in full the electrical energy made by the Supplier according to the electricity tariff which is established by authorized state body on regulation of fuel and energy complex according to article 12 of the Law KR "About renewable energy resources".

3.1.2. Provide delivery of electrical energy to property border - in the Items given in Appendix 1 of this Agreement with the quality meeting the requirements of GOST 13109-97 "Quality requirements of electrical energy in power networks of general purpose with a frequency of 50 Hz +-0,2 of Hz and level of tension +-5%" (it is entered by the Order of the State inspectorate for standardization and metrology under the Government of the Kyrgyz Republic of 25.12.1997 No. 43-ST as state standard of the Kyrgyz Republic since 01.01.1999) in amounts and in the terms specified in Appendix No. 2 to this Agreement and on condition of parallel system operation of JSC Natsionalnaya elektricheskaya set Kyrgyzstana in Unified Energy System of Central Asia and Kazakhstan. Indicators of electric power quality are established according to indications of the devices established on border of property of the Parties and the registering quality indicators.

3.1.3. Provide supply of electricity in amounts and in the terms determined by Appendix 2 of this Agreement.

3.1.4. Provide scheduling of the modes of electrical supply to the Buyer in compliance of item 2.4. this Agreement.

3.1.5. The supplier without fail notifies the Buyer on planned shutdown at least in 3 days. If in 3-day time after receipt of the notification the Buyer does not approve the offered break time in supply of electricity, the Supplier has the right to independently establish this time with the renewed notification of the Buyer at least in 24 hours prior to shutdown.

3.2. The buyer shall:

3.2.1. Observe the size of consumption of electrical energy in the amounts specified in Appendix 2 of the this Agreement approved with the Supplier.

3.2.2. Make to the Supplier payments on rates, for the received electric power which is established by authorized state body on regulation of fuel and energy complex according to article 12 of the Law KR "About renewable energy resources".

3.2.3. Provide the options of application of reserve schemes of connection of the accessions providing leave of energy of the Supplier in network of the Buyer approved with the Supplier. In case of lack of possibility of use of reserve schemes, options of dumping of loading and decrease in development of energy by the Supplier to minimum admissible values for the period of production of planned repairs of the equipment shall be worked and approved.

4. Accounting treatment for the electric power

4.1. The settlement period under this agreement establishes one calendar month.

4.2. The actual amount developed by the Electric power supplier is determined komissionno monthly for 05-00 hours of the Bishkek time (time by Greenwich plus one hour according to the Order of the Industry ministry of power and fuel resources of the Kyrgyz Republic No. 131 of 22.10.2007) the first day of the month following after settlement month according to indications of settlement means of accounting (installation sites of settlement and survey meters of accounting, their characteristic, number of counters and their accessory are given in Appendix 1 of this Agreement) and 3 this Agreements no later than 2 working days of the month following settlement are confirmed by the bilateral deed of conveyance of the electric power between the Supplier and the Buyer for settlement period on appendix form.

4.3. The deeds of conveyance of the electric power and certain amounts of electric power signed by the Parties on Appendix 3 of this Agreement of the Buyer transferred to power networks are the basis for carrying out financial calculations.

4.4. All electric chains of settlement, control means of accounting of the electric power and AIISKUE used in calculations for the consumed electric power between the Supplier and the Buyer, assemblies of clips switching devices TN, TT, etc. shall be sealed up komissionno from representatives of the State inspectorate for ecological and technical safety to the Government of the Kyrgyz Republic, JSC NES Kyrgyzstana and the Parties with installation by the representative of each of the Parties of the seal.

4.5. Shift, replacement, change in loadings of the measuring transformers used in schemes of settlement metering devices and in calculations between the Supplier and the Buyer is made only with the consent of the Parties. The parties shall inform each other in 5 days prior to works, and in case of failure detection of settlement means of accounting - immediately, officially to report about it to other Party.

4.6. Settlement means of accounting of the electric power shall correspond the regulating document on the device of electroinstallations on class of accuracy and regulating documents of metrology on the term of the state check, according to the Order of the Government of the Kyrgyz Republic of August 22, 2012 to No. 576 "About approval of Instructions for use electrical energy".

4.7. The parties make at own expense metrological checkings of the means of accounting of the electric power which are on balance of each of the Parties with the frequency established to regulating documents on metrology according to the Order of the Government of the Kyrgyz Republic of August 22, 2012 No. 576 "About approval of Instructions for use electrical energy".

4.8. In case of input or change by authorized state body of rate for the released electric power by the Supplier to the Buyer, the Parties for 05-00 hours of the Bishkek time (time across Greenwich plus one hour according to the Order of the Industry ministry of power and fuel resources of the Kyrgyz Republic No. 131 of 22.10.2007) determined by date of input of new rates by the representatives make commission removal of meter readings, draw up the bilateral Statement similar to item 4.2. this Agreement.

4.9. In case of failure detection of settlement means of accounting on accession, in calculations control means of accounting of electrical energy which shall conform to requirements imposed to settlement means of accounting of the electric power according to the Order of the Government of the Kyrgyz Republic of August 22, 2012 on No. 576 "About approval of Instructions for use by electrical energy" are used.

In case of absence or defect of control means of accounting, the quantity of the electrical energy transferred between the Parties can be also determined in the settlement way with creation of the bilateral act.

5. Payment procedure

5.1. Electricity tariffs, released by the Supplier to the Buyer, are established according to the Laws of the Kyrgyz Republic "About renewable energy resources" and "About natural monopolies in the Kyrgyz Republic".

5.2. In case of change of the electricity tariff, the party from the moment of its introduction in action, when implementing agreement settlements shall make correction of calculation of the price under this agreement.

5.3. After signing of the act which is drawn up according to item 4.3. this Agreement and to the Buyer of the electric power who arrived from the Supplier confirming the actual amount, the Supplier exposes to the Buyer based on the act the invoice of the established sample for final settlement.

5.4. Final settlement on settlement period is made by the Buyer based on the invoice exposed by the Supplier during 10 banking days from the date of provision of the invoice.

5.5. Payment is made by money transfer on the settlement account of the Supplier. All payments are made in the Kyrgyz som.

5.6. 3a account non-payment by the time of approach of payment due date on it, except for force majeur situations, the Supplier charges to the Buyer penalty on outstanding amounts, since date of maturity before date of making payment. On any overdue amounts the Supplier has the right to demand from the Buyer of payment by penalty money in the amount of debt % 0,5 for each overdue day, but no more than 30% of the amount of principal debt money according to the current legislation.

5.7. In case of identification of any technical mistakes during the calculating and need of introduction of corrections in the exposed invoices for settlement period, the Parties make these changes to subsequent settlement period.

5.8. In case the Buyer disputes correctness of the invoice, it notifies the Supplier within 10 calendar days, from the moment of receipt of the account and provides to the Supplier the written application with statement of objections. At the same time the Buyer shall pay not disputed part of the account in the terms stated above.

5.9. After each accounting period (quarter) of the Party shall sign within 10 days the settlement reconciliation statement with disagreements or without those.

6. Rights and responsibility of the parties

6.1. This Agreement does not limit the right of the Buyer in the conclusion of additional contracts of purchase and sale of the electric power with any Electric power supplier.

6.2. This Agreement does not limit the right of the Supplier in the conclusion of additional contracts of purchase and sale of the electric power with any Buyer of the electric power.

6.3. The supplier does not bear responsibility for the breaks in electrical supplies to the Buyer caused by shutdowns in power networks of the Electrotransferring organization including the shutdowns caused by operations of system automatic equipment for cause of infringement of work of power networks and stations of power supply systems of the states entering into Unified Energy System of Central Asia and Kazakhstan.

The emergency shutdowns caused by action of protection on operating time of automatic repeated inclusion are not considered as breaks of electric utility service.

6.4. In case of violation of terms of this agreement and in case of the wrong actions of personnel or operation of the equipment of the Buyer Postavshchik does not bear responsibility for breaks of electrical supplies and amounts of its nedootpusk.

6.5. The parties have the access rights to settlement and control means of accounting which are on borders of balance sheet accessory (Appendix 1 of this Agreement) for their control and removal of indications. The payroll of the personnel of the Parties allowed to settlement and control means of accounting, qualification requirements to it and working conditions are approved by the Parties in addition.

6.6. Each of the Parties has the right to demand from other Party commission extraordinary check, and in case of need - replacement of means of accounting in case of reasonable suspicion on: misoperation of means of accounting, defect of the metering device, violation of terms of the state checking, violation in system of accounting, lack of complete document package of the state checking, not observance of the requirement of regulations of the measurements operating in the field of ensuring unity, etc. In each of these cases the bilateral statement is drawn up. The party initiating check which results did not prove to be true pays to other participant of costs, incurred by him.

7. Force majeure

7.1. The parties are recognized that the term "Force majeure" is entered to suspend accomplishment by party injured of all, or parts of the obligations provided in this Agreement.

7.2. The term "Force majeure" shall imply any case, event, either event chain or cases which in essence do not enter reasonable framework of control by the Party which falls on the date of entry into force of this Agreement or during its action, and also those which essentially change, or adversely influence accomplishment by party injured of the obligations provided in the Agreement provided that the party injured could not prevent, overcome or correct such essential and adverse effect fully or partially by manifestation of due diligence and reasonable care. At the same time it is necessary to understand and in advance to approve that under reasonable care the relevant documents and types of activity on protection of the Subject of the Agreement against accident which reasonably would provide probability of emergence of such case, possible effects of such case and efficiency of measures of protection mean.

7.3. Force majeure shall include, each of below the listed cases and events if they meet the above-mentioned requirements:

a) any case of the war (announced or undeclared), invasions, armed conflict or actions of the foreign opponent, blockade, provision of embargo, revolution, revolt, civil disorders, act of terrorism or campaign or sabotage;

b) strikes, changes in management or decrease in rate of work as type of strikes which extend out of limits of the Subject of the Agreement, widespread or which have political coloring, such as, for example, (but without being limited to this example), the actions of workers connected with, or directed against the political power of the Kyrgyz Republic or those which are directed against the Parties as part of more extensive actions of workers against the Parties or constructions which are in ownership or under the leadership of foreign representatives;

c) natural disasters (lightnings, fire, earthquakes, floods or any other damage as result of impact of water, storm, cyclone or tornado, chemical infection, etc.);

7.4. In case of approach any of the events stated above the Parties for this purpose shall create the joint commission on parity bases for the purpose of the establishment of existence of force majeur circumstances and quantity of electrical energy expressed in kWh which was not delivered or it is accepted in connection with force majeure.

7.5. The party which did not fulfill or inadequate image fulfilled the obligations under this agreement owing to force majeur circumstances, shall:

a) to inform in writing on the come action of force majeure circumstances other Party no later than 3 days from the date of approach of the specified circumstances in time and to provide necessary confirmations of their approach;

b) undertake necessary depending on it and actions available to it for reduction of effects of action of force majeure circumstances, removal of obstacles to accomplishment of the obligation and renewal of accomplishment of the obligations in full according to the Agreement;

c) notify other Party on renewal of accomplishment of the obligations according to this Agreement;

7.6. Lack of the notification or the untimely notification deprives the Party of the right to refer to force majeure circumstances as on the basis exempting it from liability for non-execution of agreement obligations (provided that lack of the notification happened not because of force majeur circumstances). In the presence of force majeure circumstances the time of accomplishment by the Parties of agreement obligations are postponed in proportion to time during which force majeure circumstances or in proportion to time, necessary for elimination of effects of action of such circumstances by the Parties are effective. If force majeure circumstances proceed over 10 days in a row, or the terms which are required for elimination of effects of action of such force majeure circumstances by the Parties exceed 15 days, the Parties hold additional negotiations for identification of acceptable alternative methods of agreement performance.

7.7. After cancellation of force majeure circumstances the Party which did not execute (inadequate image fulfilled) the obligations, shall resume obligation fulfillment within 7 days from the moment of cancellation of these circumstances.

8. Dispute resolution

8.1. All disputes and disagreements which can arise in course of execution of this Agreement will be permitted by the Parties by negotiations.

8.2. In case of not achievement of consent as a result of the held negotiations the Party declaring existence of dispute or disagreements under this agreement sends to other Party the written claim, the answer to which shall be provided to the applicant within 30 calendar days of date of its obtaining.

8.3. If the answer is not submitted within the specified term, the claim is considered accepted.

8.4. All disputes and disagreements which arose under this agreement and following from it which cannot be resolved according to the procedure stated above the Parties agree to permit according to the current legislation of the Kyrgyz Republic.

9. Duration of the agreement and conditions of its termination

9.1. This Agreement becomes effective from the moment of its signing by both Parties.

9.2. Unilateral termination of this Agreement before the expiration of its action is not allowed.

9.3. This Agreement stops effective period:

a) under the mutual agreement of the Parties;

b) in case of fundamental breach of terms of this agreement by the Parties.

9.4. Expiration of this Agreement or its early termination does not affect and does not stop the obligation of the Parties connected with calculations under this agreement and not performed by the time of cancellation.

9.5. The agreement can be terminated ahead of schedule based on the judgment upon the demand of one of the Parties in case of fundamental breach of terms of agreement by other Party, essential change of circumstances from which the Parties proceeded in case of its conclusion, and also on other bases provided by the laws of the Kyrgyz Republic.

9.6. This Agreement is signed for a period of 1 (one) and it is considered annually prolonged if a month before the termination of effective period of this Agreement any of the parties does not provide the written notice to other Party about termination of the contract with obligatory reasons for the reasons.

10. Other conditions

10.1. The applications used in this Agreement are its integral part:

No. 1 "Border of property of the Parties and list of means of settlement accounting of the electric power";

No. 2 "Amounts of the electrical energy released by the Supplier in power networks of the Buyer";

No. 3 "The deed of conveyance of electrical energy from the Supplier on border of property of the Buyer for __________ month 201 ____ years";

10.2. The parties strictly observe operational discipline, requirements of the instructions, instructions, provisions and other normative and technical documents existing in the territory of the Kyrgyz Republic.

10.3. Any changes and amendments to this Agreement are valid under condition if they are made in writing and signed the top officials of the Parties having the right to making of similar actions are drawn up according to the existing constituent documents, or signed by other persons of the Parties having powers of attorney on making of similar actions, which are drawn up according to the current legislation.

10.4. In case of change of details of the Party shall notify each other in three-day time on all changes, otherwise the losses caused not by the notification or the untimely notification belong on guilty, in the non-notification in the specified terms, the Party.

10.5. In case of change of legal position of the either party (in particular, reorganization, liquidation, change of form of business, etc.) it shall notify on it other Party within 15 days from the moment of change. Not the notification on it of other Party in the specified time involves termination of this Agreement.

10.6. The parties express consent that any reorganization, change of the legal entity, or legal position and another will not be used for the purpose of reducing or full relief according to obligations, and also for the purpose of violation of the procedure established by this Agreement.

10.7. If any of provisions of this agreement it is nullified by any competent authority of the power wholly or partially, then other provisions and Items of this Agreement will not lose the legal force. The parties will shall carry out discussion for the purpose of adoption of alternative decisions which will be fair and reasonable.

10.8. Any of the Parties cannot be without written consent other Party to make concession of rights to claim to third parties.

10.9. The agreement is constituted in official language in two identical copies on 8 sheets having identical legal force. The parties sign both copies and Appendices to this Agreements.

11. Legal addresses, bank details and signatures of the parties

Supplier: Details: __________________________

Buyer: Details: JSC __________ elektro

 

Appendix 1

to the Delivery agreement No. ____ from _______ 20 ___.

Border of property of the parties and the list of means of settlement accounting of the electric power for accounting of the electric power received by the Buyer from the Supplier

№№ payment order	PS, диспетч. name присоед.	Border property parties	Installation site of settlement means accounting	Place installations counter. means accounting e\e	Counters			Transformers current		Transf. Tension	Расч coefficient	Note
					But died	Type	C. точн	To тр.	Kl.Tochn	To трансф
1	2	3	4	5	6	7	8	9	10	11	12	13

 

In case of temporary exit from operation or loss of settlement means of accounting, determination of amounts of the consumed electrical energy can be performed on the following formula.

Wrasch = Wpredsh * k,

where:

Wrasch - quantity of the consumed electric power in the current settlement period, kW • h;

Wpredsh - quantity of the consumed electric power in preceding settlement period of the current year, kWh;

k - coefficient equal to k = W1/W 2,

(where: W1 - quantity of the consumed electric power in settlement month of the same period of previous year, kWh;

W2 - quantity of the consumed electric power in month prior settlement the same period of previous year, kWh.).

Supplier:

Buyer:

 

Appendix 2

to the Delivery agreement No. ____ from _______ 20 ___.

The amounts of electrical energy given by the Supplier to networks of the Buyer on 20 _____ year

20 ___ year

January

February

March

April

May

June

July

August

September

October

November

December

Total

Amount of electric power, kWh.

Total in quarter

Supplier

Buyer

______________________________

____________________________

 

Appendix 3

to the Delivery agreement No. ____ from _______ 20 ___.

Act of development of electrical energy of the Supplier

                                                                                                                                                                                                                                                                                                     for _______ month 20 ___ years";

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info