ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of December 3, 2015 No. 683

About approval of standard agreements about purchase of service in maintenance of readiness of electric power

According to the subitem 303 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 of PRIKAZYVAYU:

1. Approve:

1) the Standard agreement about purchase of service in maintenance of readiness of electric power with the winner of the tender for construction of the generating installations which are again put into operation according to appendix 1 to this order;

2) the Standard agreement about purchase of service in maintenance of readiness of electric power in case of construction of the generating installations which are again put into operation with the maneuverable mode of generation, according to appendix 2 to this order;

3) the Standard agreement about purchase of service in maintenance of readiness of electric power in case of construction of the generating installations which are again put into operation capacity more than 35 MW using hydrodynamic energy of water according to appendix 3 to this order;

4) the Standard agreement about purchase of service in maintenance of readiness of electric power with the operating power making organizations which signed the investment agreement on upgrade, expansion, reconstruction and (or) updating with authorized body, according to appendix 4 to this order;

5) the Standard agreement about purchase of service in maintenance of readiness of electric power with the operating power making organizations which part combined heat and power plants, according to appendix 5 to this order are;

6) the Standard agreement about purchase of service in maintenance of readiness of electric power by results of the centralized biddings by electric power according to appendix 6 to this order.

2. Declare invalid the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 109 "About approval of the Standard agreement about purchase of service in maintenance of readiness of electric power of the generating installations which are again put into operation" (registered in the Register of state registration of regulatory legal acts for No. 10530, published in information system of law of Ad_let on April 9, 2015).

3. 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) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;

3) the direction of the copy of this order within ten calendar days from the date of its obtaining in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan;

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

5) 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), 3) and 4) of this Item.

4. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

5. This order becomes effective since January 1, 2018 and is subject to official publication.

Appendix 1

to the Order of the Minister of Energy of the Republic of Kazakhstan of December 3, 2015 No. 683

The standard agreement about purchase of service in maintenance of readiness of electric power with winners of the tender for construction of the generating installations which are again put into operation

___________________________ "___" __________ 20 __.
    (place of agreement)

_______________________________________________________________,
            (the name of the power making organization, BIN)

on behalf of ______________________________________________________________,
                                    (position, F.I.O (in the presence)

acting on the basis of the ___________________________________________,
                                                      (name of the document)

hereinafter referred to as "Subject", on the one hand

____________________________________________________________________,
                        (name of the single purchaser, BIN)

on behalf of ______________________________________________________________,
                                     (position, F.I.O (in the presence)

acting on the basis of the ___________________________________________,
                                             (constituent document of the single purchaser)

hereinafter referred to as "The single purchaser", on the other hand, further together also referred to as "Parties", and separately "Party", in view of:

1) the Rules of the organization and functioning of the market of electric power approved by the order of the Minister of Energy of the Republic of Kazakhstan of February 27, 2015 No. 152 (it is registered in the Register of state registration of regulatory legal acts for No. 10612) (further – Rules of the market of capacity);

2) the Rules of carrying out the tender for construction of the generating installations which are again put into operation, approved by the order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015 No. 110 (No. 10535) is registered in the Ministry of Justice of the Republic of Kazakhstan on March 26, 2015 (further – Rules of carrying out the tender), signed this agreement about purchase of service in maintenance of readiness of electric power with the winner of the tender for construction of the generating installations which are again put into operation (further – the Agreement), as follows:

Chapter 1. Basic provisions

1. In this Agreement the following concepts and determinations are used:

1) the certified electric power – the amount of the certified electric powers of power plants by results of the corresponding certifications, in MW;

2) the bank guarantee – the written instrument processed according to the Rules of issue of bank guarantees and guarantees approved by the resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2017 No. 21 (it is registered in the Register of state registration of regulatory legal acts for No. 14915), and the bank issued by bank to the client (person debtor) based on its statement for benefit of the third party (person creditor), according to which shall pay limited amount of money to the third party (person creditor) on the conditions specified in it (is issued on the SWIFT system);

3) certification of electric power of the generating installations – the events held by the system operator which are directed to determination of values of the certified electric power and the certified speeds of increase and reduction of electric power;

4) the sheet of working electric powers of generation, technological and technical minima – the document constituted by the system operator on every day of the current and forthcoming settlement period (calendar month) which joins provided by the power making organizations also the values of working electric powers of generation, possible electric powers of generation, technological and technical minima of power plants of the power making organizations approved by the system operator;

5) settlement period – the period determined in this Agreement as the period of time equal to one calendar month from 00-00 o'clock the first day till 24-00 o'clock (Central European time – time of meridian of Greenwich plus one hour) the last day of month for which calculation of service in maintenance of readiness of electric power is made;

6) the system operator – the national company exercising centralized supervisory control, ensuring parallel work with power supply systems of other states, maintenance of balance in Single electric utility system of the Republic of Kazakhstan, rendering system services and acquisition of support services at subjects of the wholesale market of electrical energy, and also maintenance and maintenance in operational readiness of national power grid and providing its development;

7) complex of commercial accounting – the equipment necessary for commercial accounting located between certain point of commercial accounting and point of connection to the information acquisition device;

8) financial provision – financial resources in the form of the bank guarantee or the reserve letter of credit;

9) the generating installation – the device developing electrical energy;

10) the reserve letter of credit – the obligation of bank to pay to advantage of the beneficiary according to the letter of credit the amount on approach of case of non-execution by person debtor of obligations to the beneficiary (the reserve letter of credit is issued on the SWIFT system);

11) technical minimum – the amount of the minimum admissible electric powers of the generating installations: for condensation, heating, gas-turbine and steam-gas power plants - under the terms of ensuring stability of their work according to the relevant passport data, for hydroelectric power stations under the terms of providing, to the set expenses of water of basin inspectorates for regulation of use and protection of water resources of expenses of water, according to article 40 of the Water code of the Republic of Kazakhstan, in MW;

12) technological minimum – the amount of the minimum electric powers of the generating installations (in case of the set level of their thermal loading), in MW;

13) service 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;

14) the certified speed of reduction of electric power – the average value of speed of reduction of electric power by power plant of the power making organization fixed between time of the beginning of fixing of value of speed of reduction of electric power of generation and time of its termination in MW/minutes;

15) the certified speed of increase in electric power – average value of speed of increase in electric power of the generating installations of power plant of the power making organization between time of the beginning of fixing of value of speed of increase in electric power of generation and time of its termination, in MW/minutes.

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

Chapter 2. Subject of the agreement

2. The subject shall render, and the Single purchaser to buy and pay service in maintenance of readiness of electric power (further – service in maintenance) according to this agreement and requirements of the legislation of the Republic of Kazakhstan in the field of power industry.

3. Specifications and characteristics of rendering service on
поддержанию:_______________________________________________________
_____________________________________________________________________.
            (specifications are provided in this Item and
                 characteristics of subject of this agreement)

4. At the price of under this agreement, the individual rate for service in maintenance of readiness of electric power of the power making organizations which are again put into operation which is determined following the results of the tender for construction of the generating installations which are again put into operation is and constitutes ____ (__________) for 1 (one) Mvt*mes. excluding tax on value added (further – individual rate). Annual indexation of individual rate is carried out according to the procedure, established to Rules of carrying out the tender.

5. Change of size of individual rate as a result of its indexation and/or procedure for indexation, is drawn up by signing of the supplementary agreement to this Agreement with indication of the start date of application of corresponding changes determined according to Rules of carrying out the tender.

6. The amount of service in maintenance under this agreement which the Subject shall render to the Single purchaser is determined according to Rules of carrying out the tender, and makes _____ MW (further – contractual amount).

7. The term during which under this agreement the Subject shall render service in maintenance and the Single purchaser shall buy this service, is determined according to Rules of carrying out the tender.

The individual rate, amount and term of purchase of service in maintenance of the Subject by years are specified in form according to appendix 1 to this Agreement.

8. The maximum value of electric power of own consumption and the maximum electric power of export of the Subject by years are specified in form according to appendix 2 to this Agreement.

Chapter 3. Rights and obligations of the Parties

9. The single purchaser shall:

1) timely to pay service in maintenance of the Subject according to this Agreement;

2) without delay to notify the Subject on the change of the name, legal address, the actual location and other details necessary for execution of this Agreement;

3) to perform termination or modification of this Agreement according to Rules of the market of capacity and Rules of carrying out the tender;

4) in case of proper execution by the Subject of the subitem 20) of Item 11 of this Agreement to send the letter to bank (banks) about return (release) of financial provision of execution of the terms of this agreement providing execution by the Subject of its obligations, Item 11 of this Agreement specified in the subitem 22) within 10 (ten) working days from the date of putting into operation of the generating installations which are again put into operation;

5) in case of execution by the Subject of requirements of the subitem 4) of Item 12 of this Agreement to send the letter to bank (banks) about return (release) of financial provision of execution of terms of this agreement, within 10 (ten) working days from the date of introduction by the third party of financial provision of execution of terms of the contract according to the subitem 23) of Item 11 of this Agreement;

6) to expose the requirement of payment for the corresponding bank guarantee or the reserve letter of credit (providing execution of this Agreement) by not provision of the copy of the notification on the beginning of installation and construction works of the generating installations which are again put into operation sent to the state body exercising the state architectural construction supervision within 24 (twenty four) months from signature date of this Agreement in the amount of 30% of the amount of financial provision of execution of terms of this agreement;

7) to expose the requirement of payment for the corresponding bank guarantee or the reserve letter of credit (providing execution of this Agreement) by not provision of the copy of the acceptance act in operation of the generating installations which are again put into operation, the Law of the Republic of Kazakhstan approved according to item 4 of Article 74 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (further – the Law on construction activities), after month after the termination of term of the construction provided by Rules of carrying out the tender in the amount of 100%, from the amount of financial provision of execution of terms of this agreement, and in case of deduction of part of financial provision of execution of terms of this agreement according to the subitem 6) of this Item, in the amount of 70% of the amount of financial provision of execution of terms of this agreement.

10. The single purchaser has the right:

1) to perform termination or modification of this Agreement according to Rules of the market of capacity and to Rules of carrying out the tender;

2) to receive service in maintenance according to this agreement and the legislation of the Republic of Kazakhstan in the field of power industry;

3) at the request of state bodies, within their competence to provide information on activities of the Subject in the market of electric power;

4) to demand from the Subject of accomplishment of obligations under this agreement;

5) to address to judicial authorities for the solution of the matters of argument connected with the conclusion and execution of this Agreement.

11. The subject shall:

To support 1) in permanent readiness the electric power of the generating installations which are its part of power plants in the amount equal or exceeding contractual amount;

Daily to give 2) to the system operator of the application for participation in regulation on increase and on lowering in the balancing market of electrical energy;

3) to perform execution of applications for participation in balancing on increase and on lowering in the balancing market of electrical energy;

4) to support in permanent readiness system of general primary regulation of frequency according to the requirements established by the legislation of the Republic of Kazakhstan in the field of power industry;

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