ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2015 No. 106

About approval of Rules of the organization and functioning of the wholesale market of electrical energy

According to the subitem 1) Item 1 of Article 9-4, subitems 1), 2), 6), 8), 9), 10), 12), 13) Item 3, Items 4, 5, the 7th article 19-1 of the Law of the Republic of Kazakhstan "About power industry" and the subitem 275) Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan approved by the Order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994 "Questions of the Department of Energy of the Republic of Kazakhstan" of PRIKAZYVAYU:

1. Approve the enclosed Rules of the organization and functioning of the wholesale market of electrical energy.

2. To provide to 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) the direction on official publication of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) 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 2) and 3) 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 February 20, 2015 No. 106

Rules of the organization and functioning of the wholesale market of electrical energy

Chapter 1. General provisions

1. These rules of the organization and functioning of the wholesale market of electrical energy (further – Rules) are developed according to and the subitem 275) of Item 15 of the Regulations on the Department of Energy of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994 "Questions of the Department of Energy of the Republic of Kazakhstan" and determine procedure for the organization and functioning of the wholesale market of electrical energy in case of the single purchaser of electrical energy, purchase of electrical energy by the single purchaser of electrical energy from the power making organizations and at suppliers (producers) of electrical energy of other countries, sale of electrical energy by the single purchaser of electrical energy to internal subjects of the wholesale market and to consumers of other countries, determinations by the single purchaser of electrical energy of the forecast prices of sale of electrical energy, implementation by the single purchaser of electrical energy of targeted support for consumers of the wholesale market by differentiation of rates, calculation by the single purchaser of electrical energy of the prices and purchasing amounts of electrical energy conditional consumers and administrators of hybrid group at the single purchaser of electrical energy, distribution by the single purchaser of electrical energy of costs for support of use of renewable energy resources, determination of hour rates to limiting rates for electrical energy, procedure and payment due dates to the single purchaser of electrical energy of the purchased electrical energy subjects of the wholesale market of the electric power procedure and payment due dates the single purchaser of the electrical energy purchased from the power making organizations and renewable sources of electrical energy, the mechanism of determination of quota for electrical energy for digital mayner cases and procedure for the conclusion the single purchaser of electrical energy of agreements on transfer of electrical energy with the power transferring organizations and payments of service in transfer of electrical energy.

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

1) the list of receivers of targeted support – the list created by authorized body in the field of natural monopoly which joins the subjects of the wholesale market of electrical energy which are the power supplying organizations to which the individual prices of purchase of electrical energy, only for the purpose of power supply of consumers, at the single purchaser of electrical energy are applied;

2) the basic price – the price at which the single purchaser of electrical energy at the corresponding o'clock sells electrical energy to the subjects of the wholesale market of electrical energy which are not performing activities for digital mining and are not included in the list of the receivers of targeted support, and also to subjects of the wholesale market of electrical energy who are conditional consumers;

3) 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 approved by authorized body;

4) 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;

5) 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;

6) green rate – the rate for sale by the single purchaser of the electrical energy developed by objects for use of renewable energy resources, established by the single purchaser of electrical energy according to the Rules of determination of rate for support of renewable energy resources approved by the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 118 (it is registered in the Register of state registration of regulatory legal acts at No. 10622) (further – Rules of determination of rate for support);

7) the consumer of green energy – the subject of the wholesale market of electrical energy acquiring at the single purchaser of electrical energy the electrical energy developed by objects for use of renewable energy resources on the green rates determined according to Rules of determination of rate for support;

8) 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 in the field of support of use of renewable energy resources existing till July 1, 2023;

9) costs for support of use of renewable energy resources – costs of the single purchaser of electrical energy for purchase of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling, less the costs falling on consumers of green energy, the corresponding costs for services in the organization of balancing of production consumption of electrical energy, the costs incurred in the balancing market of electrical energy (less the income), the costs for forming of reserve fund and costs connected with implementation of its activities;

10) the mayningovy price – the price determined by results of the centralized biddings by electrical energy for digital mayner on which the subject of the wholesale market of electrical energy performing activities for digital mining at the corresponding o'clock buys electrical energy from the single purchaser of electrical energy;

11) transaction price – the price of electrical energy determined during the centralized biddings by electrical energy for the power making organizations on which the subject of the wholesale market of electrical energy at the corresponding o'clock sells electrical energy to the single purchaser of electrical energy;

12) system of the balancing market – the hardware and software intended for giving by subjects of the wholesale market of electrical energy of purchasing requests and requests for sale, forming of the daily schedule of production consumption of electrical energy, determination of amounts of the centralized biddings by electrical energy for digital mayner, determination of amounts of the centralized biddings by electrical energy for the power making organizations, introduction of the adjustments of the approved daily schedule, forming of the actual values of production consumption of electrical energy of subjects of the wholesale market of electrical energy, calculation of hourly imbalances of electrical energy, calculation of the hourly prices of purchase and sale of electrical energy approved by the system operator in the wholesale market of electrical energy, and also hourly purchase prices (sale) of the balancing electric power and purchase (sale) of negative imbalances;

13) authorized body – the state body performing management in the field of power industry;

14) service in transfer of electrical energy in national power grid – the service rendered by the system operator to subjects of the wholesale market of electrical energy and the organizations of other states according to the procedure, determined by the Law of the Republic of Kazakhstan "About power industry" (further – the Law);

15) service in use of national power grid – the service in ensuring maintenance and maintenance in operational readiness of national power grid relating to the sphere of transfer of electrical energy according to the legislation of the Republic of Kazakhstan on natural monopolies, rendered by the system operator to subjects of the wholesale market of electrical energy according to the procedure, determined by the Law;

16) the centralized biddings by electrical energy for digital mayner – the centralized auction by electrical energy held by the operator of centralized trade in which the subjects of the wholesale market of electrical energy performing activities for digital mining participate;

17) the conditional consumer – the wholesale consumer acquiring electrical energy at the power making organizations entering with him one group of persons, industrial complex and the skilled consumer determined according to the Law of the Republic of Kazakhstan "About support of use of renewable energy resources";

18) the list of conditional consumers – the list of legal entities created and staticized by authorized body in case of their compliance to the Law of the Republic of Kazakhstan "About support of use of renewable energy resources" and to Rules of forming and maintaining the Register of groups of persons, approved by the order of the Minister of Energy of the Republic of Kazakhstan of December 10, 2018 No. 489 (it is registered in the Register of state registration of regulatory legal acts at No. 17923) and sent to the single purchaser of electrical energy;

19) the single purchaser of electrical energy – the legal entity about hundred percentage state participation determined by authorized body, performing centralized purchase and centralized sale of planned amounts of electrical energy;

20) the purchase and sale agreement of electrical energy – the agreement signed between subjects of the wholesale market of electrical energy on purchase (sale) of planned amounts of electrical energy;

21) the daily schedule of production consumption of electrical energy – the document created and approved by the system operator reflecting planned hourly sizes of production and consumption of electrical energy for operational days of subjects of the wholesale market of electrical energy;

22) the retail market of electrical energy – the system of relations functioning on the basis of agreements of electric utility service between the power supplying organizations included in the list of subjects of the wholesale market of electrical energy created by the system operator, and subjects of the retail market of electrical energy;

23) subjects of the retail market of electrical energy are consumers of electrical energy and the power transferring organizations which are not included in the list of subjects of the wholesale market of electrical energy created by the system operator;

24) the wholesale market of electrical energy – the system of the relations connected with purchase and sale of planned amounts of electrical energy, functioning on the basis of purchase and sale agreements of electrical energy between subjects of the wholesale market of electrical energy;

25) the subjects of the wholesale market of electrical energy which - are power making, power transferring, power supplying the organizations which are power making the organizations using the renewable energy resources which are power making the organizations using the secondary energy resources which are power making the organizations using energy waste recycling, the consumers of electrical energy, digital mayner and administrators of hybrid groups included in the list of subjects of the wholesale market of electrical energy created by the system operator and also the system operator, the operator of the market of centralized trade and the single purchaser of electrical energy;

26) centralized trade by electrical energy – the transactions of purchase and sale of electrical energy performed between the power making organizations and the single purchaser and also between the single purchaser and digital mayner in electronic system of trade according to the Law;

27) the power making organization – the organization performing production of electrical and (or) heat energy for own needs and (or) realization, except for net - the consumers of electrical energy who are those according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources;

28) the centralized biddings by electrical energy for the power making organizations – the centralized auction by electrical energy held by the operator of centralized trade in which the subjects of the wholesale market of electrical energy performing sale of electrical energy participate.

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

3. The wholesale market of electrical energy represents system of the relations connected with purchase and sale of planned amounts of electrical energy which functions on the basis of purchase and sale agreements of electrical energy between subjects of the wholesale market of electrical energy.

Subjects of the retail market of electrical energy do not perform purchase and sale of electrical energy in the wholesale market of electrical energy.

4. The power making organizations power making the organizations which are using renewable energy resources and power making the organizations using the secondary energy resources which are power making the organizations using energy waste recycling perform sale of electrical energy in the wholesale market of electrical energy to subjects of the wholesale market of electrical energy.

At the same time the power supplying organizations perform sale of electrical energy in the retail market of electrical energy to subjects of the retail market of electrical energy only within administrative and territorial unit (area) on which its power networks are located.

5. Amount of the purchased (sold) electrical energy in the wholesale market of electrical energy according to all purchase and sale agreements of electrical energy signed by subjects of the wholesale market of electrical energy is the planned amount of purchase and sale of electrical energy included in the daily schedule of production consumption of electrical energy approved by the system operator taking into account the adjustments provided by Items 97 and 99 of these rules.

6. Purchase and sale of electrical energy in the wholesale market of electrical energy is performed by the subjects of the wholesale market of electrical energy included in the list of subjects of the wholesale market of electrical energy. Inclusion in the list of subjects of the wholesale market of electrical energy by the system operator, except for the single purchaser of electrical energy, is performed by means of the conclusion of the relevant agreements according to Item 127 of these rules.

7. Subjects of the wholesale market of electrical energy perform purchase of electrical energy only from the single purchaser of electrical energy and sign the relevant agreement in form, according to appendices 1 and 2 to these rules and (or) at the power making organizations entering with them one group of persons in the Register of groups of persons and (or) at the administrator of hybrid group entering with them into hybrid group and (or) at the power making organizations using renewable energy resources and sign with them the corresponding purchase and sale agreements of electrical energy.

At the same time, the system operator in the absence of technical capability of implementation of purchase of electrical energy for technology and production needs of national power grid at the single purchaser of electrical energy in consequence of the isolated work from single electric utility system of the Republic of Kazakhstan (further – EEC of RK), acquires the electric power because of limits of the Republic of Kazakhstan at the suppliers of electrical energy realizing electrical energy in the territory of the Republic of Kazakhstan directly on behalf of the foreign producer.

8. The power supplying organizations in priority procedure redeem electrical energy from total hydroelectric power stations installed capacity no more than 10 megawatts which are in zone of their servicing, put into operation till July 1, 2023 and not having for July 1, 2023 the long-term agreements of purchase and sale of electrical energy signed with the single purchaser of electrical energy according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources on the limiting rate for electrical energy established according to article 12-1 of the Law.

At the same time the redemption of electrical energy from these hydroelectric power stations is allowed at the level of installed capacity for July 1, 2023.

The power supplying organizations perform purchase of missing amount of electrical energy for the purpose of power supply of the consumers at the single purchaser of electrical energy and (or) at net - consumers.

At the same time the power supplying organizations in the absence of technical capability of implementation of delivery to consumers of electrical energy from the single purchaser of electrical energy and (or) from the power making organizations using renewable energy resources in consequence of the isolated work from EEC of RK acquire the electric power because of limits of the Republic of Kazakhstan at the suppliers of electrical energy realizing electrical energy in the territory of the Republic of Kazakhstan directly on behalf of the foreign producer for the purpose of power supply of consumers.

9. The power supplying organizations power transferring the organizations the consumers and digital mayner who are subjects of the wholesale market of electrical energy sign with the system operator the service provision agreement on use of national power grid, except as specified, of stipulated in Item 7-1 article 13 of the Law.

10. The subjects of the wholesale market of electrical energy performing activities for digital mining perform purchase of electrical energy because of limits of the Republic of Kazakhstan or at the single purchaser of electrical energy, or at the power making organizations using renewable energy resources not having, the long-term agreement of purchase and sale of electrical energy signed with the single purchaser of electrical energy.

The purchase of electrical energy from the single purchaser of electrical energy specified in the parts one of this Item, subjects of the wholesale market of electrical energy performing activities for digital mining is performed at the centralized auction by electrical energy for digital mayner held according to the Rules of the organization of centralized trade by electrical energy approved by the order of the Minister of Energy of the Republic of Kazakhstan of February 24, 2015 No. 137 (it is registered in the Register of state registration of regulatory legal acts at No. 10550) (further – Rules of the organization of the centralized biddings by electrical energy), within the corresponding quota of the electrical energy determined by the system operator according to these rules.

11. Conditional consumers and administrators of hybrid groups buy electrical energy from the single purchaser of electrical energy at the prices and in the amounts calculated by the single purchaser of electrical energy, according to the procedure, determined by Rules of centralized purchase and sale of electrical energy by the single purchaser of the electrical energy made by objects for use of renewable energy resources, the objects for energy waste recycling approved by the order of the Minister of Energy of the Republic of Kazakhstan of March 2, 2015 No. 164 (it is registered in the Register of state registration of regulatory legal acts at No. 10662) (further – Rules of centralized purchase and sale of electrical energy by the single purchaser of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling), taking into account share of their planned consumption of electrical energy in the total amount of planned consumption of the republic, except for planned amounts of consumption of subjects of the wholesale market of electrical energy, performing activities for digital mining, the amounts of electrical energy made by the renewable sources which are their part of amounts of the electrical energy acquired by them at the renewable sources which are subjects of the wholesale market of electrical energy, amounts of electrical energy, sold by the single purchaser of electrical energy to consumers of green energy and costs of the single purchaser of electrical energy for purchase of electrical energy from renewable sources and also sign the corresponding purchase and sale agreements of the electrical energy made by the objects using renewable energy resources, using energy waste recycling with the single purchaser of electrical energy in standard forms the approved order of the Minister of Energy of the Republic of Kazakhstan of December 28, 2017 No. 480 (it is registered in the Register of state registration of regulatory legal acts at No. 16241).

12. Consumers of green energy have the right to buy, according to the paragraph the second the subitem 3 of Item 5 of article 19-1 of the Law, on basis short-term or long-term (over a year) from the single purchaser of electrical energy the electrical energy developed by objects for use of renewable energy resources, on green rates, calculated by the single purchaser of electrical energy, according to the procedure, determined by Rules of determination of rate for support, and also sign the relevant agreement, in form according to appendix 2 to these rules.

13. The power transferring organizations of electrical energy in the wholesale market of electrical energy render service in transfer of electrical energy, buy electrical energy for compensation of technology expense of electrical energy and economic needs.

14. When implementing the activities in the wholesale market of electrical energy the power transferring organizations:

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