I.O'S ORDER. MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of November 5, 2024 No. 391

About approval of Rules of forming of the list of hybrid groups

According to subitem 70-49) of article 5 of the Law of the Republic of Kazakhstan "About power industry", PRIKAZYVAYU:

1. Approve the enclosed Rules of forming of the list of hybrid groups.

2. To provide to development 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) placement of this order on Internet resource of the Department of Energy of the Republic of Kazakhstan after its official publication;

3) 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 1) and 2) 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 after day of its first official publication.

Approved by the Order of the acting minister of power industry of the Republic of Kazakhstan of November 5, 2024 No. 391

Rules of forming of the list of hybrid groups

Chapter 1. General provisions

1. These rules of forming of the list of hybrid groups (further - Rules) are developed according to subitem 70-49) of article 5 of the Law of the Republic of Kazakhstan "About power industry" (further - the Law) and determine procedure for forming of the list of hybrid groups.

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

1) hybrid group - group of subjects of the wholesale market of electrical energy with cumulative share of use of renewable energy resources in case of production of electrical energy at least twenty five percent which are in one power node and included in the list of hybrid groups according to the procedure determined by these rules;

2) the administrator of hybrid group - the legal entity entering into hybrid group, performing acquisition (purchase) of electrical energy from the power making organizations entering into hybrid group, for the purpose of its subsequent realization (sale) to consumers in this hybrid group and (or) in the balancing market of electrical energy, and also being provider of balance for the power making organizations and the consumers of electrical energy entering into hybrid group;

3) the consumer of hybrid group - the consumer who is the subject of the wholesale market of electrical energy and included in the list of hybrid groups;

4) authorized body - the state body performing management in the field of power industry.

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

Chapter 2. Procedure for forming of the list of hybrid groups

3. The legal person who directly or indirectly belongs more than twenty five percent of voting shares (shares in the authorized capital, shares) the power making organizations in total using renewable energy resources and the generating installations with the maneuverable mode of generation which objects are put into operation not earlier than July 1, 2024 and are connected to national or regional power networks in one point of connection, consumers of hybrid group and the administrator of hybrid group (further - the Applicant), submits the application for inclusion of hybrid group in the list of hybrid groups (further - the List) with provision to authorized body of the following documents:

1) the statement on inclusion of hybrid group in the List (further - the Statement);

2) constituent documents of the Applicant representing the interests of hybrid group;

3) the charter of the legal entity, the statement from the trade register for the foreign legal entity or other document, confirmatory that legal entities are part of hybrid group, more than twenty five percent of voting shares (shares in the authorized capital, shares) each of which directly or indirectly belong to the same person;

4) the power of attorney or the agreement confirming the Applicant's right to represent the interests of the administrator of hybrid group, consumers and the power making organizations.

4. The statement contains:

1) name, legal address of the administrator of hybrid group;

2) the list of the power making organizations (with indication of the name, legal address) at the expense of which the consumers entering with them into one hybrid group according to Item 1 of article 15-11 of the Law will be provided with electric power;

3) the list of consumers (with indication of the name, legal address) who will be provided with capacity at the expense of the power making organizations entering with them into one hybrid group according to Item 1 of article 15-11 of the Law.

5. The authorized body considers the Application with the enclosed documents specified in Item 3 of these rules within ten working days from the date of receipt of the Statement.

6. In case of non-presentation by the Applicant of the documents specified in Item 3 of these rules, the authorized body within five working days from the date of their receipt returns the Application with indication of return reasons.

The applicant after elimination of notes of authorized body repeatedly directs the Application with application of documents, the these rules specified in Item 3.

7. In case of compliance to requirements of Items 3 and 4 of these rules the authorized body within five working days after the termination of terms of consideration of the application directs Applications to the Applicant the notification on positive result of consideration of the application and inclusion of the corresponding hybrid group in the List from 1 date following after month in which the notification was directed.

8. On each hybrid group information on the administrator, the power making organizations and consumers of the corresponding hybrid group is included in the List.

9. Modification and (or) amendments regarding the hybrid group included in the List is performed based on the statement of the corresponding hybrid group the procedure provided by Items 3, of 4, of 5, of 6 and 7 these rules.

The application of the corresponding hybrid group is submitted once a year.

10. Enforcement of changes and amendments in the List is performed from 1 date following after month in which the notification, stipulated in Item 7 these rules was directed.

11. The list taking into account the changes made to it and additions is placed on Internet resource of authorized body.

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