of March 27, 2014 No. 271
About approval of Rules of determination of flat fares and the marginal auction prices
According to subitem 7-1) of article 5 of the Law of the Republic of Kazakhstan "About support of use of renewable energy resources" the Government of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules of determination of flat fares and the marginal auction prices.
2. This resolution becomes effective after ten calendar days after day of its first official publication.
Prime Minister of the Republic of Kazakhstan
S. Akhmetov
Approved by the Order of the Government of the Republic of Kazakhstan of March 27, 2014 No. 271
1. These rules of determination of flat fares and the marginal auction prices (further - Rules) are developed according to subitem 7-1) of article 5 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 objects for use of renewable energy resources and 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) biomass – organic not fossil materials of biological origin;
4) 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 energy waste recycling according to the legislation of the Republic of Kazakhstan existing before Date of Introduction in operation of the Law;
5) 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 and energy waste recycling, concluded between the settlement financial center acting as the buyer and the power making organization acting as the seller;
6) 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;
7) authorized body in the field of the state statistics – the state body performing management, and also cross-industry coordination in the field of the state statistics within the competence;
8) 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;
9) authorized body – the central executive body performing management and cross-industry coordination in the field of support of use of renewable energy resources;
10) small hydroelectric power station – hydroelectric power station with the installations located in one water-engineering system, total capacity to ten megawatts (inclusive);
Marginal 11) the auction price – the maximum size of the auction price of electrical energy;
12) 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 6) 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.
Other concepts and determinations used in these rules are applied according to the current legislation of the Republic of Kazakhstan.
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 to 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, and hydroelectric power station 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 the Government of the Republic of Kazakhstan on representation of authorized body 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 government of the Republic of Kazakhstan has the right to adjust levels of earlier approved flat fares annually.
5. The act of the Government of the Republic of Kazakhstan of adjustment of the approved flat fares becomes effective not earlier than in two years after its first official publication in the periodic printing editions distributed in all territory of the Republic of Kazakhstan, in the Kazakh and Russian languages.
For stimulation of implementation of objects for use of renewable energy resources of low power, and also providing areas with electricity with less favorable natural, climatic, technical or other conditions for development of renewable energy resources flat fares are differentiated depending on installed capacity of objects for use of renewable energy resources.
6. The act of the Government of the Republic of Kazakhstan of adjustment of the approved flat fares does not extend to the purchase agreements signed by settlement financial center until its enforcement.
6-1. The marginal auction prices affirm authorized body 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.
The marginal auction prices affirm as tenge.
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