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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 settlement financial center with the power making organizations which are using renewable energy resources, energy waste recycling, the power making organizations performing production and leave in network of flood electrical energy, conditional consumers and skilled conditional consumers

(as amended on 07-04-2021)

According to the subitem 10) article 6 of the Law of the Republic of Kazakhstan of July 4, 2009 "About support of use of renewable energy resources" PRIKAZYVAYU:

1. Approve:

1) standard form of the purchase agreement settlement financial center 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 settlement financial center to conditional consumers of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, and flood electrical energy according to appendix 2 to this order;

3) standard form of the sales agreement settlement financial center to skilled conditional consumers of the electrical energy made by the power making organizations using renewable energy resources, energy waste recycling and flood electrical energy according to appendix 3 to this order;

4) standard form of the purchase agreement settlement financial center of electrical energy at the power making organization using energy waste recycling at the auction prices, according to appendix 4 to this order;

5) standard form of the purchase agreement settlement financial center of electrical energy at the power making organization performing production and leave in network of flood electrical energy for limiting rates, according to appendix 5 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.

Minister of Energy of the Republic of Kazakhstan

K. Bozumbayev

It is approved

Minister of national economy of the Republic of Kazakhstan

"___" ____ 2017

 

_______________ T. Suleymenov

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 settlement financial center of electrical energy at the power making organization using renewable energy resources at the auction prices

                            №_____________

___________________________                    ____ __________ 20 ___ years
  (place of agreement)          

__________________________________________________________________________,
           (specify full name of settlement financial center)

registered to the address: Republic of Kazakhstan,

__________________________________________________________________________,
                          (specify legal address)

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)

registered to the address: ____________________________________________,
                                         (specify the location)

business identification number: __________________________________________,

in лице____________________________________________________________________,
           (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 of July 4, 2009 "About support of use of renewable energy resources" (further - the Law);

2) the order of the Minister of Energy of the Republic of Kazakhstan of March 2, 2015 No. 164 "About approval of Rules of centralized purchase and sale by settlement financial center of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, and flood electrical energy, recalculation and redistribution of respective share of electrical energy by settlement financial center on the skilled conditional consumer following the results of calendar year" (it is registered in the Register of state registration of regulatory legal acts for No. 10662) (further - Rules);

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 request of the Seller for the conclusion of this agreement (the entering No. _______ from "___" _________ 20 __ years) according to appendix to Rules;

5) intention of the Seller to sell to the Buyer the electrical energy made by object for use of renewable energy resources (further - RES), at the auction price, purchases of electrical energy (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 by settlement financial center of the electrical energy made by object for use of RES, determined following the results of biddings and which is not exceeding the level of the corresponding marginal auction price;

2) delivery point - point of connection of object for use of RES to power networks of the power transferring organization;

3) month of delivery - the calendar month of the actual delivery of the delivered electrical energy from objects for use of RES which is beginning from 00:00 the first day of the corresponding month and coming to an end at 24:00 the last day of the corresponding month by results of which final settlements of amount of purchase and sale of the delivered electrical energy are made;

4) the delivered electrical energy - all electrical energy made by object for use of RES, meeting standards and requirements of the legislation of the Republic of Kazakhstan, delivered in delivery point;

5) the working day - the day which is in the working afternoon for the Buyer;

6) the system operator - the national company exercising centralized supervisory control, ensuring parallel work with power supply systems of other states, maintenance of balance in power supply system, rendering system services and acquisition of support services at subjects of the wholesale market of electrical energy and also transfer of electrical energy on national power grid, its maintenance and maintenance in operational readiness;

7) national dispatch center of the system operator (further - NDTs SO) - the division entering into structure of the system operator, which is responsible for operational management by single electric utility system of the Republic of Kazakhstan and reliability of its work including balancing and quality assurance of the electric power;

8) start date of commercial operation of object for use of RES - start date of complex testing of electroinstallations of object for use of RES of the Seller in case of which the electrical energy is issued in power networks of the power transferring organization;

9) 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 in the sphere of power industry;

10) the financial organization - the legal entity performing business activity on provision of financial services;

11) the Agreement - this agreement of purchase of electrical energy signed between the Seller and the Buyer;

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