ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of November 27, 2024 No. 423

About approval of Rules of determination of flat fares and the marginal auction prices

According to subitem 7-3) of article 6 of the Law of the Republic of Kazakhstan "About support of use of renewable energy resources" PRIKAZYVAYU:

1. Approve the enclosed Rules of determination of flat fares and the marginal auction prices.

2. 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) 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), 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 ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of November 27, 2024 No. 423

Rules of determination of flat fares and marginal auction prices

Chapter 1. General provisions

1. These rules of determination of flat fares and the marginal auction prices (further – Rules) are developed according to subitem 7-3) of article 6 of the Law of the Republic of Kazakhstan "About support of use of renewable energy resources" (further – the Law) and establish procedure for determination of flat fares and the marginal auction prices for the electrical energy made by objects for use of renewable energy resources.

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

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) biogas – the methane, monoxide of carbon and (or) hydrogen received from biomass as a result of its fermentation or gasification;

3) settlement financial center on support of renewable energy resources (further – settlement financial center) – the legal entity determined by authorized body, being the party of purchase and sale agreements of the electrical energy made by objects for use of renewable energy resources and objects for energy waste recycling according to the legislation of the Republic of Kazakhstan existing before Date of Introduction in operation of the Law;

4) the purchase agreement of electrical energy settlement financial center on support of renewable energy resources (further – the purchase agreement) – the purchase and sale agreement of the electrical energy made by objects for use of renewable energy resources, concluded between the settlement financial center acting as the buyer and the power making organization acting as the seller;

5) photo-electric modules on the basis of the Kazakhstan silicon (Kaz PV) – the photo-electric modules manufactured at the companies located in the Republic of Kazakhstan with use of the silicon made in the territory of the Republic of Kazakhstan;

6) flat fare – rate for purchase by settlement financial center according to the procedure, established by the Law, the electrical energy made by objects for use of renewable energy resources;

7) authorized body – the central executive body performing management and cross-industry coordination in the field of support of use of renewable energy resources;

8) small hydroelectric power station – hydroelectric power station with the installations located in one water-engineering system, total capacity to ten megawatts (inclusive);

Marginal 9) the auction price – the maximum size of the auction price of electrical energy;

10) large hydroelectric power station – hydroelectric power station with the installations located in one water-engineering system, total capacity over ten megawatts.

The concept provided by the subitem 5) of this Item extends concerning the purchase agreements signed by settlement financial center with the power making organizations using renewable energy resources on flat fare for projects of the solar power plants using photo-electric modules on the basis of the Kazakhstan silicon (Kaz PV) for transformation of energy of sunlight, to No. 644 approved by the order of the Government of the Republic of Kazakhstan of June 12, 2014 "About approval of flat fare for projects of the solar power plants using photo-electric modules on the basis of the Kazakhstan silicon (Kaz PV) for transformation of energy of sunlight".

Other concepts and determinations used in these rules are applied according to the current legislation of the Republic of Kazakhstan in the field of support of renewable energy resources.

The provisions of these rules regulating procedure for application of flat fares and the auction prices for purchase of the electrical energy made by objects for use of renewable energy resources do not extend on:

the power making organizations having objects for use of renewable energy resources which useful life exceeded the payback period established in the feasibility statement approved and approved with authorized body or local executive body;

hydroelectric power stations with the installations located in one water-engineering system, total capacity over thirty five megawatts and (or) the water storage basins providing more than daily term of regulation except for put into operation after January 1, 2016.

3. Flat fares affirm authorized body according to subitem 7-4) of article 6 of the Law for each of the following types of renewable energy resources:

1) energies of sunlight;

2) wind energy;

3) hydrodynamic energy of water (small and large hydroelectric power stations);

4) the energy received when using biogas.

4. The flat fares provided by purchase and sale agreements of settlement financial center with the power making organizations using renewable energy resources, energy waste recycling are applied before cancellation of the agreements signed before enforcement of the Law, but no more than fifteen years from the date of the conclusion of agreements.

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