Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since March 31, 2016 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of March 18, 2016 No. 148

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2003 No. 1194

About approval of standard agreements on the provided services (goods, works) relating to the sphere of natural monopoly

(as amended on 16-09-2013)

According to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed standard agreements on the provided services (goods, works) relating to the sphere of natural monopoly.

2. This resolution becomes effective from the date of signing and is subject to publication.

Prime Minister of the Republic of Kazakhstan

D. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of November 28, 2003, No. 1194

The standard agreement on rendering services in technical scheduling of leave in network and consumption of electrical energy

___________________________                                                                 "___" ________ 200 __.

 (place of agreement)

_____________________________________________________________________________________

            (the name of the subject providing service, constituent documents

_____________________________________________________________________________________,

                    certificate on state registration, date and body of issue)

providing services in technical scheduling of leave in network and consumption of electrical energy, hereinafter referred to as the Contractor, on behalf of _______________________________________,

                                                                                                       (position, First name, middle initial, last name)

 

 acting on the basis of the __________________________, on the one hand, and ___________________

________________________________________________________________________________________

                   (user's details, constituent documents, certificate

________________________________________________________________________________________,

                                                           about state registration, date and body of issue)

hereinafter referred to as the Customer, on behalf of ____________________________________________________,

                                                                                    (position, First name, middle initial, last name)

acting on the basis of the __________________, signed this Agreement (further - the Agreement) as follows.

1. The basic concepts used in the agreement

1. In the Agreement the following basic concepts are used:

contractual amount of electric energy / electric power - the amount of electrical energy which is subject to technical scheduling;

the request - the written instrument signed by the authorized representative of the Customer and sent to the Contractor according to the procedure and to the terms established by the Agreement, containing information on amount of electrical energy, period of time of transfer of electrical energy, distribution of amount on capacity during this period. The request can be monthly, daily and operational;

normative electric power quality - the quality of electrical energy conforming to requirements and standards, approved at the time of agreement performance;

the device of commercial accounting - the technical device intended for commercial accounting of electrical energy, allowed for use in the procedure established by the legislation;

POOL of reserves of electric power (further - PUL of REM) - the non-profit organization founded on voluntary basis by power plants and certain wholesale consumers for the purpose of forming of necessary amount, structure and placement of reserves of electric power for ensuring regular power supply of consumers in case of unforeseen failure of generators or power lines;

settlement period - the period determined in the Agreement as the period of time equal to one calendar month from 00-00 o'clock the first day till 24-00 o'clock the last day of month for which calculation of services of the Contractor for technical scheduling is made;

regulating authority - the state body performing management in spheres of natural monopolies and in the controlled markets;

market operator - the organization performing commercial scheduling of the modes of production and consumption of electrical energy;

the daily schedule of production consumption of electrical energy - the document approved by the system operator regulating hourly sizes of production and consumption of electrical energy for every calendar day according to the agreements on purchase and sale of electrical energy signed by participants of the wholesale market in the markets of the decentralized purchase and sale of electrical energy and centralized trade by electrical energy;

technical scheduling - the service rendered by the Contractor which consists in centralized supervisory control of the modes of production and consumption of electrical energy in Single electric utility system of the Republic of Kazakhstan (further - EEC of RK);

technical operator - the organization exercising supervisory control of the modes of production, transfer and consumption of electrical energy according to the signed agreements existing with regulatory legal acts and normative and technical documents;

the actual balance - the document establishing address distribution of amounts of the made, delivered and consumed electrical energy in the wholesale market of electrical energy subjects of this market for settlement period;

the actual amount - amount of the electrical energy released (imported) by the Customer in network (on networks) all classes of tension, irrespective of accessory of networks, including in network of the Customer;

authorized body - the state body performing management in the field of power industry;

the central dispatching management (further - TsDU) - the structural division of the technical operator with its regional divisions which is responsible for operation of EEC of RK including balancing, ensuring reliability of systems of transfer of electrical energy and ensuring its quality;

power networks - the set of substations, distributing devices and the power lines connecting them intended for transfer and/or the distributions of electrical energy belonging both to the Contractor and/or the Customer, and the third parties on the property right, the corporeal right or on other bases established by the law.

2. Subject of the agreement

2. The contractor provides technical scheduling of supply of electricity in network and parallel operation of power stations of the Customer as a part of EEC of RK.

 3. Specifications and characteristics of rendering services in technical scheduling of leave in network and consumption of electrical energy:

__________________________________________________________________________________________

                (specifications and characteristics are provided in this Item

__________________________________________________________________________________________

the subject of the agreement which shall conform to requirements of regulating technical documents)

4. The customer shall pay services of the Contractor in technical scheduling in the amount of and procedure, established by the Agreement.

3. Conditions of ensuring technical scheduling

5. Services in technical scheduling are rendered according to the current legislation of the Republic of Kazakhstan and this Agreement.

6. To the mode of technical scheduling the daily schedules of issue of electrical energy from the Customer's power stations approved by the technical operator and approved by the market operator in the procedure established by the legislation are accepted.

7. The daily schedule of production and electric power consumption is constituted by the Customer based on the direct agreements signed by it with consumers taking into account adjustments based on the approved daily requests of consumers.

8. Acceptable deviation of value of electric power is established according to the separate contract for regulation of capacity between the Customer and the Contractor. In the absence of the service provision agreement on capacity regulation acceptable deviations are established according to regulatory legal acts. In case of excess by the Customer of acceptable deviations from the approved daily schedule Contractor has the right, after the preliminary prevention, to change the modes of consumption and/or generation of the Customer to the values declared in the daily schedule.

Accounting of the released electric power

9. The actual amount of the electric power released by the Customer is determined from 00-00 o'clock the first day till 24 o'clock the last day of settlement period by indications of the devices of commercial accounting established on limit of the Section of operational responsibility of the Customer and electronetwork owners with signing of the reconciliation statement of indications of devices of commercial accounting by the parties no later than the fifth following settlement.

10. Adjustment on monthly amount of contractual size of supply of electricity is quickly approved by the parties not later than ten days prior to the beginning of month. Adjustment of monthly amount is allowed only within contractual quarter amount of services in technical scheduling.

Offers on quarter amount of contractual size of leave in network and consumption of electrical energy are quickly approved by the parties not later than sixty days prior to the beginning of quarter.

11. Devices of commercial accounting shall be checked and sealed up. The parties shall provide each other access to commercial metering devices, during working hours of days for the purposes of removal of indications, check and approbation. If one of the parties is not present at removal of indications, then other party is allowed to make removal of indications independently.

12. The parties make at own expense metrological checkings of the counters which are on their balance and other measuring equipment in the terms provided by the corresponding metrological standards.

The parties can demand carrying out additional checkings which are made at the expense of the requiring party.

If in case of additional checking it will be found out that meter readings exceed the error allowed by their class of accuracy, costs for additional checking are paid by the owner of devices.

13. When carrying out any kind of the works connected with change or violation of accounting of the electric power, the Customer shall inform in writing before works on it the Contractor and get the corresponding permission. During repair by the Customer accounting of the electric power can be performed according to the temporary schemes approved with the Contractor.

5. Rights and obligations of the Parties

14. The contractor has the right in case of violation of contractual conditions to stop rendering services in technical scheduling of leave in network and consumption of electrical energy according to the legislation of the Republic of Kazakhstan.

15. The contractor shall:

1) to provide equal conditions for all participants of the wholesale market of electrical energy;

2) in case of the conclusion of service provision agreements on technical scheduling of leave in network and consumption of electrical energy regarding establishment of rates to be guided by decisions of regulating authority;

3) to allow the breaks established by the agreement in giving, the termination or restriction of rendering services in technical scheduling of leave in network and consumption of electrical energy.

16. The customer shall:

1) to maintain proper technical condition of current collectors and devices of commercial accounting, to fulfill requirements to technical condition which are determined by regulatory legal acts;

2) to observe the approved daily schedule of leave in network and consumption of electrical energy;

3) to fulfill the normative requirements directed to maintenance of standard frequency of electrical energy in single electric utility system;

4) It is excluded 

5) to allow workers of the Contractor to devices of commercial accounting, and also employees of Gosenergonadzor for control of technical condition and safety of operation of electroinstallations according to regulatory legal acts of the Republic of Kazakhstan.

6. Requirements imposed to the parties

17. Requirements imposed to the Contractor:

1) in coordination with the Customer to change the approved daily operating mode of the Customer, on condition of observance of contractual sizes of leave in network and consumption of electrical energy following the results of settlement period;

2) in case of decrease (loss) in the generating capacity of the Customer or decrease in supply of electricity to the Customer by other suppliers to introduce restrictions of his consumers for the size of decrease in leave in network according to the list of the Customer. In case of lack of the list, in twenty minutes after the preliminary prevention to make restrictions of his consumers at own discretion. Restrictions of consumers are not introduced if the Customer is member of PUL of REM or the Customer provided replacement of capacity from other generating source, and only in case of the actual rise in stand-by capacity by suppliers;

3) in case of failure to carry out by the Customer of the approved daily schedule taking into account operational adjustments and other existing contract law to the actual variation to introduce restrictions of his consumers for the size of decrease in leave in network according to the list of the Customer. In case of lack of the list, in twenty minutes after the preliminary prevention to make restrictions of his consumers at own discretion;

4) to suspend or stop rendering services in technical scheduling in case of failure to carry out by the Customer of the obligations under the Agreement, with the prior notice of the Customer at least in 72 hours. At the same time the termination of services in technical scheduling can be implemented by means of allocation of power source of the Customer for the isolated work before accomplishment by the Customer of terms of the contract, at the same time the Contractor does not bear responsibility for possible consequences of the termination of rendering services;

5) to make switchings in electric distributing devices of power plants and substations of the Customer for implementation of actions on input of restrictions of consumers of the Customer and consumers of the third party.

18. Requirements imposed to the Customer:

1) to demand from the Contractor of accomplishment of obligations under this agreement;

2) to challenge actions of the Contractor according to the legislation of the Republic of Kazakhstan.

19. The contractor shall:

1) to provide reliability of parallel work of the Customer as a part of EEC of RK including at the expense of means of antiemergency control on objects of the Customer and the third parties;

2) to perform technical study of requests and to create conditions for conclusion in repair of primary equipment, devices of relay protection and automatic equipment, and also antiemergency automatic equipment of the means of dispatching and technological management of the Customer which are in operational management and maintaining TsDU and to make necessary switchings in power networks for safety of carrying out repair work or production of testing on the Customer's objects;

3) to carry out requests of the Customer for restriction of consumers in the absence of payment or untimely payment to the Customer for the released electric power. At the same time submission due date of the request of the Customer shall be at least four days before input of restrictions. Responsibility for illegal restriction of consumers is born by the Customer;

4) in case of complete dumping of capacity power source (power plant) of the Customer to zero with loss of own needs of power sources (power plants) to perform giving of tension on tires of power source of the Customer for recovery of food of own needs;

5) timely to inform the Customer on origins of violation of the normal mode of EEC of RK which led to violation of normal operating mode of the equipment of power source of the Customer;

To provide 6) to the Customer necessary technological information, characteristics and schemes of the transferring lines and substations, lists of persons, directly actionees of terms of the contract and having the right to conduct operational negotiations;

7) to provide technical capability of access for customer representatives for receipt of the complete information about accomplishment by the Contractor of terms of the contract;

8) to observe dispatching and technological discipline, not to allow actions which can lead to violation of operating mode of power source of the Customer, fulfill requirements of regulating documents, instructions, not to cause the actions damage to business activity of the Customer;

To approve 9) to the Customer, according to its request, necessary operational adjustments of the daily schedule. Not allow unreasonable refusals in coordination of such adjustments;

10) to provide to the Customer daily information on the amounts of consumption by his direct consumers which are directly connected to networks of the Contractor.

11) to carry out calculations and to handle issues of stability and antiemergency control in network of 110-220-500-1150 kilovolts which are in operational management and maintaining the Contractor;

12) to set schedules of automatic frequency loading;

13) to support the required level of frequency and tension on electrical power objects of the Contractor in the normal modes in compliance by normative and technical acts and standards;

14) to set schedules of tension at least once a quarter in control points of the Contractor;

15) to consider and approve annual and monthly schedules of capital and running repairs of the electronetwork and electrical power equipment, the devices of relay protection and automatic equipment and antiemergency automatic equipment which are in operational management and maintaining the Contractor;

16) to carry out necessary calculations and coordination of installations, development or coordination of schematic (structural) diagrams for the devices of relay protection and automatic equipment and antiemergency automatic equipment which are in operational management and maintaining the Contractor.

20. The customer shall:

1) based on the signed delivery agreements and/or electric power consumption to represent the hourly schedule of the execution of loading to 10-00 o'clock in the afternoon preceding day of execution of the daily schedule to TsDU;

2) to fulfill requirements of TsDU for dispatching regulation of electric loading and to accept the daily schedules of electric loadings which are drawn up in accordance with the established procedure to unconditional execution;

3) in need of input of operational adjustment of amount of electric power and the schedule of power consumption within the current days the Customer shall approve all operational adjustments with the Contractor previously. Only after receipt of coordination of the Contractor the Customer makes operational adjustment of the current mode. Responsibility on execution of the operational adjustment of the mode which is not approved with the Contractor is born by the Customer;

To provide 4) in necessary amount accounting of the electric power and capacity;

5) to organize transfer to TsDU of telemetric information on leave to network of the Customer;

To transfer 6) in TsDU information which amount and terms of receipt are provided by industry instructions, for planning of the long-term, short-term and daily modes of EEC;

7) daily, till 10-00 o'clock to transfer to TsDU information on the actual amount of the released electric power for last days;

8) to represent upon the demand of the Contractor results of measurements on generation of active and jet capacity for characteristic working winter and summer days;

9) in January of each calendar year to provide in TsDU necessary technological information, characteristics and schemes of power plant, executive schemes of devices of relay protection and automatic equipment and antiemergency automatic equipment of the organization of communication channels and telemechanics, lists of persons having the right to conduct operational switchings and negotiations, and also lists of persons responsible for operation of means of communication, telemechanics, relay protection and automatic equipment and antiemergency automatic equipment. To report timely about their changes;

10) to observe dispatching and technological discipline, not to allow actions which can lead to violation of operating mode of power pool, fulfill requirements of directive documents, instructions and regulations on relations, not to cause the actions, uncoordinated to the Contractor, damage to other subjects of power market;

11) quickly and fully to inform TsDU on all violations of operating mode, the spontaneous phenomena and accidents according to industry instructions;

12) to perform normal operation, maintenance (timely carrying out repair and adjustment work) of the primary equipment and to carry out the set TsDU of the characteristic, amounts and installations of devices of relay protection and antiemergency automatic equipment, automatic frequency unloading;

13) to provide transfer under the approved protocols of dispatching management of amount of telemetric information, necessary for the purposes. The amount of telemetric information determines TsDU;

14) for implementation of supervisory control to provide the organization of leased communication channel;

15) to ensure functioning of operational information complex and software and hardware complex on exchange of information as a part of single energy computer telecommunication network.

21. The contractor shall provide indemnification, the powers or wrongful acts caused to the Customer in case of excess from its party and only in case of full implementation by the Customer of terms of the contract.

22. The parties shall quarterly, within fifteen days from the date of obtaining, sign the settlement reconciliation statement as of the last number of quarter, with indication of disagreements or without those.

7. Procedure of payments

23. Fee of the Contractor on technical scheduling is made according to the rate approved by regulating authority.

24. In case of change of rate the Contractor in writing or through mass media notifies on it the Customer not later than thirty days before introduction it in action.

Final settlement is made by the Customer during five banking days from the moment of the actual provision of the invoice of the Contractor for payment exposed based on the reconciliation statement of amounts of the rendered services.

25. In case of refusal one of the parties from signing of the reconciliation statement of indications of devices of commercial accounting, the document confirming the actual amount of the rendered services is the actual balance.

26. In the presence of debt for previous periods first of all payment goes for repayment of this debt. In case of payment by the Customer of the amount exceeding actual for settlement period, the difference of this excess is automatically set off in advance payment of the next settlement period (or, as agreed by the parties, on account of debt repayment of the Customer according to other obligations to the Contractor if that is available). If the Customer refuses services of the Contractor for the next settlement period, excessively paid amounts return, except for the amounts which go for debt repayment of the Customer on others, to the obligations confirmed with the parties, including cash, before the Contractor (if that is available).

27. If the Customer challenges correctness of the invoice, it notifies the Contractor within ten calendar days from the date of receipt of this account and submits to the Contractor the written application with statement of objections. At the same time the Customer shall pay not challenged part of the account in the terms stated above.

28. Obligation fulfillment of the Customer on fee of the Contractor on technical scheduling of leave in network and consumption of electrical energy transfer of money for the current account of the Contractor on the details specified in the invoice or on the current account of the third party on the details specified by the Contractor in the notification sent to the Customer is recognized.

29. If corrections in accounts are necessary as a result of defect of instrumentations and in other cases, the parties make correction to accounts during subsequent settlement periods.

30. By agreement of the parties others can be established procedure and payment method of services in technical scheduling of leave in network and consumption of electrical energy.

8. Responsibility of the parties

31. Under this agreement the parties bear responsibility according to the current legislation of the Republic of Kazakhstan for failure to carry out or inadequate accomplishment of obligations.

32. For account non-payment by the time of approach of payment due date on it the Contractor has the right to charge penalty on the unpaid Customer to the amounts since the day following behind day of the termination of payment due date. On the overdue amounts the Contractor has the right to demand from the Customer of the payment of the penalty calculated proceeding from 1, 5-fold refunding rate, established by National Bank of the Republic of Kazakhstan on the date of the actual execution by the Customer of monetary commitment, for each day of payment delay.

33. In case of non-payment of payments in the terms provided by this Agreement, the Contractor has the right to determine operating mode according to the subitem 4) of Item 17, what informs the Customer at least in 72 hours prior to input of restrictions on.

34. The contractor does not bear responsibility to the Customer for the violation of operating mode of power source of the Customer caused:

1) emergence of force majeur circumstances;

2) production accidents and technological violations on power generation facilities of the subjects of power market who are not participating in this Agreement;

3) the lack of communication or information provided by industry instructions on fault of the Customer;

4) wrong actions of personnel of the Customer;

5) the circumstances provided by subitems 2), 3) and 4) of Item 17, of this Agreement.

35. The contractor does not bear responsibility for quality of the provided services in technical scheduling in case of incomplete or inadequate accomplishment by the Customer of the obligations under the Agreement.

9. Force majeur circumstances

36. The parties are exempted from liability for non-execution or improper execution of agreement obligations if it was consequence of force majeure circumstances. In this case any of the parties will not have the right to indemnification. Upon the demand of the either party in this case the commission determining execution of cross liabilities can be created. At the same time any of the parties is not exempted from the obligations under the Agreement arising before force majeure circumstances.

37. If one of the parties is not able to fulfill the agreement obligations within sixty calendar days from the moment of approach of force majeure circumstances, other party has the right to terminate the Agreement.

10. Other provisions

38. The agreement of rendering services in technical scheduling of leave in network and consumption of electrical energy consists with the Customer in individual procedure.

39. The relations of the parties following from the Agreement and which are not settled by it are regulated by the current legislation of the Republic of Kazakhstan.

40. The agreement is constituted in 2 copies which are stored at the parties and having identical legal force.

The agreement for the public institutions financed from the government budget is registered in territorial authorities of treasury of the Ministry of Finance of the Republic of Kazakhstan and comes into effect from the moment of its registration.

11. Duration of the agreement

41. The agreement becomes effective from 00-00 o'clock "___" _________ 200 __ years and is effective till 24-00 o'clock "___" with _________ 200 __ years.

42. The duration of the agreement is extended for certain term with refining of amount of services in technical scheduling of leave in network and consumption of electrical energy if in thirty days prior to the termination of the duration of the agreement one of the parties declares it and drawn up by the supplementary agreement to the Agreement.

12. Details of the parties

Contractor:

Customer:

Approved by the Order of the Government of the Republic of Kazakhstan of November 28, 2003, No. 1194

The standard agreement on rendering services in transfer of electrical energy on networks of interregional level

___________________________                                                                           "___" ________ 200 __.

 (place of agreement)

__________________________________________________________________________________________

(the name of the subject providing service, constituent documents

__________________________________________________________________________________________,

 certificate on state registration, date and body of issue)

providing services in transfer of electrical energy in networks of interregional level, hereinafter referred to as the Contractor on behalf of ______________________________________________,  

                                                                                    (position, First name, middle initial, last name)

acting on the basis of the ________________________, on the one hand, and _________________________

___________________________________________________________________________________________

 (user's details, constituent documents, certificate

__________________________________________________________________________________________,

 about state registration, date and body of issue)

hereinafter referred to as the Customer on behalf of _______________________________________________________,

                                                                                         (position, First name, middle initial, last name)

acting on the basis of the __________________________, signed this Agreement (further - the Agreement) as follows.

1. The basic concepts used in the Agreement

1. In the Agreement the following basic concepts are used:

the emergency reservation - minimum necessary electric power which giving on object of continuous electric utility service keeps functioning of devices, important for it, and prevents violation of work of critical infrastructure, and also catastrophic ecological, social or economic consequences or death of people;

Gosenergonadzor - the state organization founded in accordance with the established procedure, exercising the state energy supervision of accomplishment by the organizations of technical requirements of regulatory legal acts and requirements to the licensed types of activity in the sphere of power industry and also control of observance of instructions for use electrical and heat energy;

limit of the Section of balance sheet accessory - the limit of the Section of power networks of the parties belonging to them on the property right, other corporeal right or on other bases established by the law, determined by the act of differentiation of balance sheet accessory in terminal point of transfer of electrical energy;

contractual route of transmission of electricity - the way of transfer of electrical energy approved by the parties from collection point on power networks of the Contractor to Items of consumption of the Customer serving for calculation of cost of services in transfer of electrical energy.

the request - the written instrument signed by the authorized representative of the Customer, and sent to the Contractor according to the procedure and to the terms established by the Agreement, containing information on amount of electrical energy, period of time of transfer of electrical energy, distribution of amount on capacity during this period. The request can be monthly, daily and operational;

amount of electrical energy - the quantity of electrical energy transferred to the Customer's address, determined by indications of devices of commercial accounting on limit of the Section of balance sheet accessory of the Contractor and Customer, and/or the third parties, measured in kilowatt hours for the purpose of cost determination of services in the Agreement;

transfer of electrical energy - the service rendered by the power transferring organization, connected with transfer of electrical energy from collection points on power networks of the Contractor to limit of the Section of balance sheet accessory of networks of the Customer;

collection point - accession (system of accessions) on limit of the Section of balance sheet accessory of the Contractor in which the Customer transfers to the Contractor amount of electrical energy for the subsequent transfer it on networks of the Contractor to delivery points;

delivery point - accession (system of accessions) on limit of the Section of balance sheet accessory of the Contractor in which the Contractor transfers electrical energy to the Customer;

the device of commercial accounting - the technical device intended for commercial accounting of electric power, electrical energy, allowed for use in the procedure established by the legislation;

settlement period - the period determined in the Agreement as the period of time equal to one calendar month from 00-00 o'clock the first day till 24-00 o'clock the last day of month for which calculation of services of the Contractor for transfer of electrical energy is made;

regulating authority - the state body performing management in spheres of natural monopolies and in the controlled markets;

market operator - the organization performing commercial scheduling of the modes of production and consumption of electrical energy;

networks of interregional level - the power lines of the high voltage of 110-1150 kilovolts forming national system of transfer of electrical energy and belonging to the Contractor on the property right, other corporeal right or on other bases established by the current legislation;

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