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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 9, 2004 No. 588-II

About power industry

(as amended on 30-12-2019)

This Law governs the public relations arising in production process, transfer and consumption of electrical and heat energy.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) emergency reservation - the minimum expense of electrical energy (the minimum power consumption) of the consumer's objects with completely stopped engineering procedure providing their condition, and also functioning of current collectors of systems of emergency and security lighting, the security and fire alarm, pumps of fire extinguishing, vodootliv, safe for life, human health and the environment, chilling of the capital processing equipment, communication and emergency ventilation;

2) emergency violation - the inadmissible variations of technology parameters of work of electroinstallation or its elements which caused their conclusion from work or damage during operation;

2-1) passport of readiness - annually issued document confirming readiness of the power making and power transferring organizations to work during the autumn and winter period;

2-2) single purchaser - the legal entity determined by authorized body, performing centralized purchase of service in maintenance of readiness of electric power and centralized rendering service in ensuring readiness of electric power for execution of loading according to the procedure, provided by this Law;

2-3) generating installation - the device developing electrical energy;

2-4) dispatching technology management - the process performed by the dispatcher and intended for the solution of tasks of control and management of the modes of functioning of power networks by means of the automated systems of dispatching and technology management, and also acceptance and processing of messages from physical persons and legal entities on premises of origin or emergence of the technology violations requiring taking measures of reaction and elimination of refusals and damages;

3) No. 25-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2012 (became effective since January 1, 2019);

4) No. 25-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2012 (became effective since January 1, 2019);

5) system accident - the emergency violation of working hours of power generation facilities which led to loss of stability of single electric utility system of the Republic of Kazakhstan and separation it on part;

6) system services - the services rendered by the system operator to subjects of the wholesale market of electrical energy on transfer of electrical energy, technical scheduling, regulation and reservation of capacity, the organization of balancing of production consumption of electrical energy;

7) 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;

8) the conservation zone of thermal networks - the parcels of land which are taken away for the purpose of ensuring safety of thermal networks, creation of normal service conditions, prevention of their damages, and also accidents among the population which appeared in the conservation zone of these networks;

8-1) system of heat supply - the complex consisting from the heatmaking, heat-transmitting and heatconsuming installations;

9) transfer of heat energy - the transportation service of heat energy and (or) the heat carrier on thermal networks rendered by the power transferring organizations according to the signed agreements;

10) the retail market of heat energy - system of relations of participants of production, transfer of heat energy for implementation of heat supply of consumers on the basis of agreements;

11) investing program - the program directed to creation of new assets, expansion, updating, reconstruction and modernization of the existing assets;

12) No. 25-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2012;

13) No. 25-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2012;

14) No. 25-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2012;

15) 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;

15-1)  No. 284-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.12.2019;

15-2) autumn and winter period - heating season which beginning and completion are established by local executive bodies;

16) single electric utility system of the Republic of Kazakhstan - set of the power plants, power lines and substations providing reliable and high-quality power supply of consumers of the Republic of Kazakhstan;

17) reserve of electric power of single electric utility system of the Republic of Kazakhstan - the electric power of aggregates of the power making organizations having required structure, size, and also the degree of readiness for scheduling conforming to the requirements provided by the agreement;

18) support services - the services acquired by the system operator at subjects of the wholesale market of electrical energy for ensuring readiness of necessary amounts and structure of operational reserves of electric power, regulation of active and reactive capacities in start of power supply system from deenergized condition;

18-1) state technical inspector - the official of authorized body exercising the state control of observance of requirements of the legislation of the Republic of Kazakhstan on power industry;

18-2) Market Council - the non-profit organization performing activities for monitoring of functioning of the market of electrical energy and capacity, and also other functions provided by this Law;

19) operational days - the current days during which the system operator performs transactions on centralized supervisory control of execution of the purchase and sale agreements of electrical energy signed by subjects of the wholesale market of electrical energy;

20) centralized supervisory control - the process of continuous management performed by the system operator technically the coordinated work of the power making, power transferring, power supplying organizations and consumers of electrical energy, the providing normative level of reliability of single electric utility system of the Republic of Kazakhstan and respect for normative quality of electrical energy;

20-1) operator of the market of centralized trade - the organization performing the centralized biddings by electrical energy including spot biddings electrical energy, and service in maintenance of readiness of electric power;

21) interregional and (or) interstate power lines - power lines of 220 kilovolts and above, providing transfer of electrical energy between regions and (or) the states;

22) the regional electric grid company - the power transferring organization having direct technology connection with the power making organization and (or) national power grid owning cable or air-lines of electricity transmission at least four classes of tension (220, 110, 35, 20, 10 (6), 0,4 of kilovolts), operating power networks of the regional level and having at least 10 000 attached consumers;

22-1) regulation of operational fuel reserve - the minimum operational fuel reserve of the power making organizations in daily calculation;

22-2) expert organization - the legal entity performing activities for conducting energy examination according to the legislation of the Republic of Kazakhstan;

23) the balancing electric power - the electrical energy used for elimination of the arising imbalances in case of implementation of the hourly daily schedule of production consumption of electrical energy approved by the system operator;

23-1) limiting rate for the balancing electric power - approved by authorized body for groups of the power making organizations realizing electrical energy for the term equal to seven years, the maximum size of holiday rate (price) of the electric power sold in the balancing market of electrical energy, considering production costs of electrical energy, purchase of the electric power from settlement financial center on support of renewable energy resources and the fixed profit for balancing determined by the technique established by authorized body;

24) technical scheduling - the service rendered by the system operator on implementation of centralized supervisory control of the modes of production and consumption of electrical energy in single electric utility system of the Republic of Kazakhstan;

24-1) technology reservation - the minimum expense of electrical energy (the minimum power consumption) and time duration necessary for completion of continuous engineering procedure and prevention of danger to life of people and the environment;

24-2) technology violation - refusal or damage to machinery, power and (or) thermal networks, including owing to ignition or explosions, variation from the set modes, unauthorized shutdown or restriction of operability of the equipment or its defect which led to violation of production process, transfer, consumption of electrical and (or) heat energy;

24-3) organization for upgrade and development of housing and communal services - joint-stock company with absolute participation of the state which activities are directed to upgrade and development of housing and communal services;

24-4) authorized body in the field of the housing relations and housing and communal services - the central executive body performing management and cross-industry coordination in the field of heat supply (except the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply) within settlements;

24-5) residential customer - the physical person using electrical energy for own domestic needs which are not connected with production (sale) of goods, works and provision of services;

25) the consumer - the physical person or legal entity consuming electrical and (or) heat energy on the basis of the agreement;

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

26-1) No. 89-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2017;

27) national power grid - set of the substations, distributing devices, interregional and (or) interstate power lines and power lines performing issue of electrical energy of power plants of 220 kilovolts and above which are not subject to privatization and are transferred to the national company according to the procedure and on the conditions determined by the Government of the Republic of Kazakhstan;

28) No. 25-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2012 (became effective since January 1, 2019);

29) commercial accounting of electrical and heat energy - the accounting of electrical and heat energy necessary for settlement between the parties according to purchase and sale agreements and transfers of electrical and heat energy;

29-1) power networks - set of substations, distributing devices and the power lines connecting them intended for transfer of electrical energy;

30) the conservation zone of power networks - the parcels of land, water and airspace, safety of power networks which are taken away for the purpose of providing, creations of normal service conditions, prevention of their damage, and also accidents among the population which appeared in the conservation zone of these networks;

31) regulation of electric power - the service in compensation of variations of the actual electric load of subjects of the wholesale market of electrical energy from the declared electric loading on condition of respect for zero balance of exchange electrical energy rendered to subjects of the wholesale market and the system operator according to the signed agreements on contract price;

31-1) services in maintenance of readiness of electric power - the service rendered by the power making organizations to the single purchaser in maintenance of readiness of the electric power of the generating installations certified in accordance with the established procedure for execution of loading;

31-2) limiting rates for service in maintenance of readiness of electric power - the approved by authorized body for the term equal to seven years, maximum size of rate (price) of service in maintenance of readiness of electric power for all operating power making organizations (except for amounts of service in maintenance of readiness of electric power when which rendering the operating power making organizations and winners of the tender for construction of the generating installations which are again put into operation use the individual rate for service in maintenance of readiness of electric power established by authorized body);

31-3)  No. 394-V ZRK is excluded compliance with the Law of the Republic of Kazakhstan of 12.11.2015

31-4) individual rates for service in maintenance of readiness of electric power - the individual rate for service in maintenance of readiness of electric power established by authorized body for the operating power making organizations which signed investment agreements on upgrade, expansion, reconstruction and (or) updating, and also for winners of the tender for construction of the generating installations which are again put into operation;

31-5) services in ensuring readiness of electric power for execution of loading - the service rendered by the single purchaser in ensuring readiness of the electric power of the generating installations in single electric utility system of the Republic of Kazakhstan certified in accordance with the established procedure for execution of loading;

31-6) markets of electric power - system of the relations between subjects of the wholesale market of electrical energy connected with maintenance by the power making organizations of the generating equipment in ready state to development of electrical energy, updating, support, reconstruction and modernization of the existing production assets, and also their creation;

31-7)  No. 394-V ZRK is excluded compliance with the Law of the Republic of Kazakhstan of 12.11.2015

31-8) centralized biddings by electric power - the process directed to the conclusion of service provision agreements on maintenance of readiness of electric power between the power making organizations and the single purchaser in electronic system of trade;

31-9) lists of power plants - the approved list of the power making organizations corresponding to criteria the established this Law;

32) power industry - the sphere of production, transfer, supply and consumption of electrical and heat energy;

33) the subjects of the wholesale market of electrical energy which - are power making, power transferring, power supplying the organizations, consumers of electrical energy, the system operator, the operator of the market of centralized trade, settlement financial center on support of renewable energy resources;

33-1) limiting rate for electrical energy - the approved by authorized body for the term equal to seven years, maximum size of holiday rate (price) for group of the power making organizations realizing electrical energy considering production costs of electrical energy, purchase of the electric power from settlement financial center on support of renewable energy resources and the fixed profit determined by the technique established by authorized body;

34) the guaranteeing supplier of electrical energy - the power supplying organization performing power supply of consumers in cases of the termination of power supply of consumers by all other power supplying organizations not on fault of the consumer;

35) transfer of electrical energy - technology connected actions directed to transfer and (or) distribution of electrical energy on power networks;

35-1) automated system of commercial accounting of electrical energy - set of measuring instruments and the hardware and software for measurements, collection, processing, storage and data transmission of accounting of electrical energy;

36) 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;

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