of November 9, 2016 No. 482
About approval of Rules of forming of the list of the power making organizations using renewable energy resources
According to subitem 10-3) of article 6 of the Law of the Republic of Kazakhstan of July 4, 2009 "About support of use of renewable energy resources" PRIKAZYVAYU:
1. Approve the enclosed Rules of forming of the list of the power making organizations using renewable energy resources.
2. To provide to department on renewable energy resources 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 of the copy of this order within ten calendar days from the date of its state registration on official publication in periodic printing editions, information system of law of Ad_let and 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" for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) 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;
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.
Minister of Energy of the Republic of Kazakhstan
K. Bozumbayev
It is approved Minister of national economy of the Republic of Kazakhstan November 9, 2016 |
_____________ K. Bishimbayev |
Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of November 9, 2016 No. 482
1. These rules of forming of the list of the power making organizations using renewable energy resources (further - Rules) are developed according to subitem 10-3) of article 6 of the Law of the Republic of Kazakhstan of July 4, 2009 "About support of use of renewable energy resources" (further - the Law) and determine procedure for forming of the list of the power making organizations using renewable energy resources (further - RES).
2. In these rules the following basic concepts are used:
1) biddings - the process organized and which is carried out by the organizer of biddings in electronic system on the basis of auction and directed to selection of projects on construction of new objects for use of renewable energy resources and determination of the auction prices of the electrical energy made by objects for use of renewable energy resources taking into account the plan of placement of objects for use of renewable energy resources;
2) the register of winners of biddings - the document created by the Organizer following the results of biddings and confirming results of the held auction;
3) the organizer of biddings (further - the Organizer) - the legal entity determined by authorized body, performing according to the procedure, provided by the Law, the organization and carrying out biddings;
4) authorized body on realization of state policy in the field of support of use of renewable energy resources (further - authorized body) - the state body enabling the realization of state policy in the field of support of use of renewable energy resources;
5) the list of the power making organizations using renewable energy resources (further - the List) - the list of the power making organizations using renewable energy resources created and placed on Internet resource by authorized body.
Other concepts and determinations used in these rules are applied according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources.
3. The authorized body within 5 (five) working days from the moment of obtaining from the Organizer of the register of winners of biddings, includes winners of biddings in the List.
4. The authorized body within 2 (two) working days from the moment of inclusion of the power making organization in the List, in writing notifies on it the power making organization and settlement financial center.
5. The power making organizations using renewable energy resources are excluded from the List in the following cases:
1) in case of non-presentation of the request to settlement financial center for the conclusion of the purchase and sale agreement of the electrical energy made by objects for use of RES within sixty calendar days after their inclusion in the List according to Item 7 of article 7-1 of the Law;
2) in case of cancellation or agreement cancelation of purchase of electrical energy with settlement financial center according to Rules of centralized purchase and sale by settlement financial center of the electrical energy made by the objects for use of renewable energy resources 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 for No. 10662);
3) in case of project exception on asset construction of RES of the plan of placement of objects for use of renewable energy resources according to Item 7-2 of Rules of forming of the plan of placement of objects for use of the renewable energy resources approved by the order the acting minister of power industry of the Republic of Kazakhstan of July 27, 2016 No. 345 (it is registered in the Register of state registration of regulatory legal acts for No. 14155).
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