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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 12, 2021 No. 134

About approval of Rules of marginal determination of the auction prices for the electrical energy made by energy waste recycling, the auction prices including procedure for indexation

According to subitem 4-3) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of marginal determination of the auction prices for the electrical energy made by energy waste recycling, the indexations of the auction prices including procedure.

2. This resolution becomes effective from the date of its first official publication.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of March 12, 2021 No. 134

Rules of marginal determination of the auction prices for the electrical energy made by energy waste recycling, the indexations of the auction prices including procedure

1. General provisions

1. These rules of marginal determination of the auction prices for the electrical energy made by energy waste recycling, the indexations of the auction prices including procedure (further - Rules), are developed according to subitem 4-3) of article 16 of the Ecological code of the Republic of Kazakhstan (further - the Code) and establish procedure for limiting determination of auction electricity prices, made by energy waste recycling, and also procedure for indexation of the auction prices.

2. In these rules the following basic concepts are applied:

1) energy waste recycling - process of heat treatment of waste for the purpose of reduction of their amount and receipt of energy, including their use as secondary and (or) energy resources, except for receipts of biogas and other fuel from organic waste;

2) object for energy waste recycling - set of the technical devices and installations intended for energy waste recycling, and the constructions interconnected with them and the infrastructure technology necessary for energy waste recycling;

3) the auction price - the price of purchase by settlement financial center of the electrical energy made by object for energy waste recycling, determined following the results of biddings and which is not exceeding the level of the corresponding marginal auction price;

Marginal 4) the auction price - the maximum size of the auction price of the electrical energy made by energy waste recycling;

5) authorized body - the central executive body performing management and cross-industry coordination in the field of environmental protection and environmental management;

6) the power making organization using energy waste recycling, - the legal entity performing energy production, received from energy waste recycling, according to the legislation of the Republic of Kazakhstan;

7) financial model is set (system) of the interconnected indicators characterizing implementation of the power making organizations using energy waste recycling with marginal calculation of the auction price for the electrical energy made by energy waste recycling;

8) settlement financial center - the legal entity created by the system operator and determined by authorized body, performing according to the procedure, stipulated by the legislation in the field of support of use of renewable energy resources, centralized purchase and sale of the electrical energy made by objects for energy waste recycling and delivered in power networks of single electric utility system of the Republic of Kazakhstan.

Other concepts and determinations used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

3. The marginal auction prices for the electrical energy made by energy waste recycling are developed and affirm authorized body.

4. The marginal auction prices affirm as tenge with indication of the equivalents expressed in US dollars and Euro at the rate of National Bank of the Republic of Kazakhstan on the date of approval.

2. Procedure for marginal determination of the auction prices for the electrical energy made by energy waste recycling

5. The marginal auction price for the electrical energy made by energy waste recycling is determined proceeding from the principle of cost recovery on constructions and operation of objects for energy waste recycling.

6. Formula of marginal calculation of the auction price for the electrical energy made by energy waste recycling for the first year of operation:

                                       PATS = (ZPE + FP) / OE,

where

PATs - the marginal auction price (tenge);

ZPE - production costs of electrical energy and expenses of the period according to financial model (tenge);

FP - the fixed profit (tenge);

OE - amount of supply of electricity, financial model (kWh).

7. The production costs of electrical energy (ZPE) considered in case of marginal forming of the auction prices for electrical energy include the following:

1) material costs (fuel, fuel transportation, water for technology needs, fuels and lubricants, other main and auxiliary materials);

2) expenses on compensation of production personnel;

3) social tax, social assignments;

4) repair expenses (the routine maintenance and overhaul repairs which is not leading to value addition of fixed assets);

5) payment for issues to the environment;

6) payment for use of water resources;

7) taxes (land, transport, property and other obligatory payments);

8) services in technical scheduling;

9) services in rendering balancing of production consumption of electrical energy;

10) services of third parties of production nature.

Join in expenses of the period:

1) compensation of administrative personnel;

2) expenses on obligatory types of insurance, taxes, charges and payments;

3) traveling expenses;

4) services of third parties (auditor, services of bank, communication services);

5) renumeration expenses for borrowed funds (received in national currency, within the amount calculated using no more 2,0 of multiple official rate of refinancing (base rate) established by National Bank of the Republic of Kazakhstan).

8. Calculation of the fixed profit (FP) is made on formula:

                                           FP = CAPEX * WACC,

where

FP - the fixed profit (tenge);

CAPEX - the size of investment costs in the project according to financial model (tenge);

WACC - weighted average rate of the capital.

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