ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2015 No. 105

About approval of Rules of determination of constructed fare, limiting approval and individual rates

According to subitem 70-23) of article 5 of the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" PRIKAZYVAYU:

1. Approve the enclosed Rules of determination of constructed fare, limiting approval and individual rates.

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 and is effective till January 1, 2019.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 105

Rules of determination of constructed fare, limiting approval and individual rates

1. General provisions

1. These rules of determination of constructed fare, limiting approval and individual rates (further - Rules) are developed according to subitem 70-23) of article 5 of the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" (further - the Law) and establish procedure for determination of constructed fare, limiting approval and individual rates for the electrical energy released by the power making organizations for ensuring investment appeal of the sphere of production of electrical energy.

2. In these rules the following concepts are used:

1) state body - department of the state body performing management in spheres of natural monopolies;

2) authorized body - the state body performing management in the field of power industry.

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

2. Procedure for determination of constructed fare

3. If investment obligations of the power making organization cannot be performed at the expense of the means received from realization of electrical energy within limiting rates, the power making organization has the right to apply to realization of investing program constructed or individual fare, on condition of approval by authorized body of the specification and the conclusion investment.

4. According to the request of the power making organization the authorized body according to item 4 of article 12-1 of the Law approves the specification on development of investing program.

5. The power making organization based on the approved specification develops and approves the feasibility statement on investing program.

Payback periods of investments and the price of electrical energy are determined in the feasibility statement on investing program and constitutes from eight to twelve years.

The investing program is developed by the energoproizodyashchy organization on the basis of the feasibility statement on investing program and contains information on the level of constructed fare and terms of realization of investing program.

6. The investing program prior to its realization along with the draft of the investment agreement is represented in authorized body and state body.

7. Based on investing program the power making organization according to item 4 of article 12-1 of the Law signs the investment agreement with authorized body and state body.

8. The investing program of the power making organization applying constructed fare is financed by own and (or) borrowed funds.

9. The constructed fare does not exceed the price of electrical energy determined in the feasibility statement on investing program developed and approved according to Item 5 of article 12-1 of the Law.

10. The constructed fare is applied by the power making organization from the moment of the conclusion of the investment agreement and is effective during the period of the accomplishment of investment obligations provided in the investment agreement.

11. The constructed fare changes in case of adjustment of the operating investing program.

12. In case of adjustment of the operating investing program, excess by constructed fare of the price of the electrical energy determined in the feasibility statement on investing program on condition of approval of changes of the design estimates according to Item 5 of article 12-1 of the Law is allowed.

The new constructed fare is applied after the conclusion of the supplementary agreement to the investment agreement.

3. Rate limiting approval procedure

13. Limiting rates affirm authorized body on groups of the power making organizations for the term of at least seven years with breakdown by years and are annually adjusted taking into account need of ensuring investment appeal of industry.

14. The authorized body creates groups of the power making organizations according to the Law.

15. Groups of the power making organizations are created according to the procedure, established according to the Law, by the following criteria: type of the power making organizations, installed capacity, type of the used fuel, remoteness from the location of fuel.

By criterion "type of the power making organizations" the power making organizations are divided into the following types of power plants:

1) condensation - the power plant making only electrical energy;

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