ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of December 3, 2015 No. 682

About approval of Rules of functioning of Market Council

According to subitem 70-10) of article 5 of the Law of the Republic of Kazakhstan "About power industry" PRIKAZYVAYU:

1. Approve the enclosed Rules of functioning of Market Council.

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) 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.

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 since January 1, 2016 and is subject to official publication.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of December 3, 2015 No. 682

Rules of functioning of Market Council

Chapter 1. General provisions

1. These rules of functioning of Market Council (further – Rules) are developed according to subitem 70-10) of article 5 of the Law of the Republic of Kazakhstan "About power industry" (further – the Law) and determine procedure for functioning of Market Council.

2. In these rules the following concepts and determinations are applied:

1) 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 the Law.

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

Chapter 2. Procedure for functioning of Market Council

3. Market Council:

1) is performed by monitoring of functioning of the market of electrical energy and capacity;

2) considers investing programs, including investing programs on upgrade, reconstruction and (or) expansion with construction of the generating installations with use of gas as alternative type of fuel;

3) makes offers to authorized body on enhancement of the legislation of the Republic of Kazakhstan on power industry;

4) performs other functions determined by authorized body.

4. Decisions of Market Council have advisory nature.

Paragraph 1. Procedure of monitoring of functioning of the market of electrical energy and capacity

5. Market Council performs permanent monitoring of functioning of the market of electrical energy and capacity by accomplishment of the following actions:

1) determinations of procedure for maintaining and maintaining register of subjects of the wholesale market of electrical energy;

2) determination and maintaining the main indicators of the market of electrical energy and capacity;

3) provision in authorized body of the reporting on functioning of the market of electrical energy and capacity (further - the Report), the structure and frequency provision of which are described by these Rules.

6. The report is provided in authorized body following the results of quarters of accounting year (further – the Quarterly statement) within a month after the termination of each of quarters, at the same time instead of the Quarterly statement for the last quarter of accounting year within two months after the termination of accounting year is provided the report following the results of the current year (further – the Annual statement).

7. Reports it is provided in authorized body in the state and Russian languages on the official form of Market Council.

8. The Reports introduced in Authorized body are stated in a free form with obligatory availability of the following information:

1) the register of subjects of the wholesale market of electrical energy updated at the time of provision of the report;

2) dynamics of the main indicators of the market of electrical energy and capacity in comparison with the last periods, including in comparison with the last period similar to for what the Report was provided;

3) the analysis of dynamics of the main indicators of the market of electrical energy and capacity including the analysis of the reasons of corresponding changes of indicators and also reduction of recommendations to Authorized body on creation of conditions for positive dynamics of the main indicators and elimination of the reasons of negative dynamics;

4) the forecast of change of dynamics of the main indicators of the market of electrical energy and capacity until the end of accounting year in case of the Quarterly statement, and for the year following after reporting in case of the Annual statement.

9. Information specified in subitems 2) of Item 8 of these Rules provides 3) and 4) for each of the components of the wholesale market of electrical energy described by Item 1 of article 15 of the Law.

10. Market Council performs the publication of each Report on own public official Internet resource no later than five days from the moment of provision of the corresponding Report in authorized body.

Paragraph 2. Procedure consideration of investing programs

11. Market Council, in case of receipt from authorized body of investing program for consideration, within fifteen calendar days from the date of its receipt draws the conclusion about feasibility or inexpediency of its realization (further - the Conclusion) according to the procedure, described by these Rules.

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