ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2017 No. 480

About approval of standard forms of contracts of the single purchaser of electrical energy with the power making organizations using renewable energy resources, energy waste recycling, industrial complexes, direct consumers, and skilled consumers

According to the subitem 369) 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, I ORDER:

1. Approve:

1) standard form of the purchase agreement the single purchaser of electrical energy of electrical energy at the power making organization using renewable energy resources at the auction prices, according to appendix 1 to this order;

2) standard form of the sales agreement of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, the single purchaser of electrical energy to industrial complexes, direct consumers according to appendix 2 to this order;

3) standard form of the sales agreement of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, the single purchaser of electrical energy to skilled consumers according to appendix 3 to this order;

4) standard form of the purchase agreement the single purchaser of electrical energy of electrical energy at the power making organization using energy waste recycling at the auction prices, according to appendix 4 to this order.

2. Recognize invalid:

1) the order of the Minister of Energy of the Republic of Kazakhstan of March 2, 2015 No. 163 "About approval of standard forms of purchase agreements by settlement financial center of electrical energy at the power making organization using renewable energy resources, for the flat fares and rates which are not exceeding the level of selling price established in the feasibility statement on the construction project of object for use of renewable energy resources, sale by settlement financial center to conditional consumers of the electrical energy made by objects for use of renewable energy resources" approved and approved with authorized or local executive body (No. registered in the Register of state registration of regulatory legal acts 10780, published in information system of law of Ad_let on August 18, 2015);

2) Item 3 of the list of some orders of the Minister of Energy of the Republic of Kazakhstan to which the changes and additions approved by the order of the acting minister of power industry of the Republic of Kazakhstan of December 14, 2016 No. 533 "About modification and amendments in some orders of the Minister of Energy of the Republic of Kazakhstan" are made (No. registered in the Register of state registration of regulatory legal acts 14760, published in reference control bank of regulatory legal acts of the Republic of Kazakhstan in electronic form of February 10, 2017).

3. To provide to department on renewable energy resources 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 from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages 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" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan;

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.

4. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of Energy of the Republic of Kazakhstan of December 28, 2017 No. 480

Standard form

The purchase agreement the single purchaser of electrical energy of electrical energy at the power making organization using renewable energy resources at the auction prices No. __________

______________________________________________________________________,
    (specify full name of the single purchaser of electrical energy)

business identification number: ___________________, on behalf of _____________,
                          (specify position and surname, name, middle name (in case of its availability)

acting on the basis of the _____________________________________________,
                                                   (specify the basis of emergence of powers)

referred to as further "Buyer", on the one hand, and

______________________________________________________________________,
                       (specify full name of the organization)

business identification number: _______________, on behalf of _________________,
              (specify position and surname, name, middle name (in case of its availability)

acting on the basis of the _____________________________________________,
                                        (specify the basis of emergence of powers)

hereinafter referred to as "Seller", on the other hand, jointly referred to as "Parties", and separately "Party", in view of:

1) the Law of the Republic of Kazakhstan "About power industry" (further – the Law);

2) the Law of the Republic of Kazakhstan "About support of use of renewable energy resources" (further – the Law on RES);

3) the order of the Government of the Republic of Kazakhstan of March 27, 2014 No. 271 "About approval of Rules of determination of flat fares and the marginal auction prices" (further – Rules of determination of flat fares and the marginal auction prices);

4) the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 106 "About approvals 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 for No. 10531) (further – Rules of the wholesale market);

5) the order of the Minister of Energy of the Republic of Kazakhstan of March 02, 2015 No. 164 "About approval of rules of centralized purchase and sale of electrical energy by the single purchaser of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling" (it is registered in the Register of state registration of regulatory legal acts for No. 10662) (further - Rules);

6) the request of the Seller for the conclusion of this agreement (the entering No. _______ from "___" _________ 20 __ years) according to appendix to Rules, purchases by the single purchaser of electrical energy of electrical energy from the power making organization using renewable energy resources at the auction prices (further – the Agreement) as follows signed this agreement.

1. Terms and determinations

1. In this agreement the following basic concepts are used:

1) the auction price – the price of purchase of the electrical energy made by object for use of renewable energy resources, object for energy waste recycling, determined following the results of biddings and which is not exceeding the level of the corresponding marginal auction price the single purchaser of electrical energy;

2) the device of commercial accounting – the technical device intended for commercial accounting of electric power, electrical or heat energy, allowed for use according to the procedure, established by the legislation of the Republic of Kazakhstan;

3) the financial organization – the legal entity performing business activity on provision of financial services;

4) regional dispatch center – the regional dispatch center of the system operator which is quickly subordinated to national dispatch center of the system operator and performing operational and dispatching functions on certain region;

5) the automated system of commercial accounting of electrical energy (further - ASKUE) – set of measuring instruments and the hardware and software for measurements, collection, processing, storage and data transmission of accounting of electrical energy.

Other concepts used in this Agreement are applied according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources (further – RES) and power industry.

2. Subject of the agreement

2. According to the Law the Buyer buys electrical energy of RES for covering of the daily consumption map of electrical energy, taking into account technical expertize of the system operator, from the Seller in volume of its planned leave of electrical energy in network.

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