Article 15-5. Formation of the Register and participation of consumers and energy producing organizations included in the Register in the creation of electric capacity of the Law on Electric Power Industry
1. Consumers who belong to the same group of persons as energy-producing organizations have the right to be provided with power at the expense of generating sources owned by legal entities in this group of persons on the right of ownership, lease or other proprietary right.
The right provided for in part one of this paragraph does not apply to energy supply and transmission organizations that are part of the same group of persons as energy-producing organizations.
2. A group of persons is included by the authorized body in the Register on the basis of an application from a legal entity under whose control consumers and energy producing organizations are located in accordance with parts two, three and four of paragraph 1-1 of Article 9 of this Law.
3. The application of the legal entity referred to in paragraph 2 of this Article contains:
1) a list of energy-producing organizations, including those using secondary energy resources, which will provide electric power to consumers who are part of the same group of persons with them, subject to control determined in accordance with parts two, three and four of paragraph 1-1 of Article 9 of this Law.;
2) a list of consumers who will be provided with power at the expense of energy-producing organizations, including those using secondary energy resources, who are part of the same group of persons with them, subject to the control determined in accordance with parts two, three and four of paragraph 1-1 of Article 9 of this Law.
The Register includes the lists of energy producing organizations and consumers specified in subitems 1) and 2) of part one of this paragraph.
4. Amendments and additions to the Register of the relevant group of Persons shall be made by the authorized body on the basis of an application from a legal entity under whose control consumers and energy-producing organizations are located in accordance with parts two, three and four of paragraph 1-1 of Article 9 of this Law.
5. Within the framework of the relevant group of persons included in the Register, bilateral agreements are concluded on the provision of electric power between energy-producing organizations and consumers.
6. In the case specified in paragraph 8 or 9 of Article 15-1 of this Law, consumers included in the Register are required, in accordance with the procedure determined by the authorized body, to participate in the creation of electric power and (or) regulating electric power to cover the deficit in proportion to their share of peak load to the total peak load in the unified electric power system of the Republic of Kazakhstan, calculated at the time of the projected deficit, by performing one or more of the following actions:
1) construction of new electric power and (or) regulating electric power, including reconstruction of retired electric power and (or) regulating electric power not included in the approved forecast balance of electric energy and power for the upcoming seven-year period;
2) expansion of own existing electric power and (or) regulating electric power;
3) excluded by the Law of the Republic of Kazakhstan dated 07.12.2020 No. 380-VI (effective ten calendar days after the date of its first official publication);
4) purchase of services to ensure the readiness of electric power to carry the load from a single buyer.
7. The actions specified in subitems 1) and 2) of paragraph 6 of this article may be carried out by any wholesale market entity included in the Register of the relevant group of Persons. At the same time, the remaining consumers of the relevant group of persons included in the Register are exempt from participating in the creation of electric power and regulating electric power in accordance with the rules for the participation of consumers included in the Register in the creation of electric power to cover the projected deficit.
The action specified in subparagraph 4) of paragraph 6 of this article is carried out by consumers included in the Register of the relevant group of persons, in accordance with the rules for the participation of consumers included in the Register in the creation of electric power, including regulating electric power, to cover the projected deficit.
8. The obligations of consumers included in the Register to create electric power, including regulating electric power, provided for in paragraph 6 of this Article, shall be reduced by the amount of electric power created by wholesale market entities included in the Register of the relevant group of persons, including in the list of power plants, if the following conditions are fulfilled in combination:
1) the electric power was put into operation after January 1, 2019;
2) electric power has been created in the unified electric power system of the Republic of Kazakhstan or in any of its zones, in which an uncovered shortage of electric power is predicted.;
3) the electric capacity was introduced without the use of a mechanism for conducting a tender by an authorized body for the construction of generating units that are being put into operation, as well as conducting auctions by an authorized body;
4) the electric power was introduced without concluding an investment agreement with the authorized body for modernization, expansion, reconstruction and (or) renewal;
5) the amount of electric power was not taken into account earlier when fulfilling the obligations provided for in paragraph 6 of this Article.
9. In fulfilling the obligations provided for in paragraph 6 of this Article, by performing the actions specified in subitems 1) and 2) of paragraph 6 of this article, the location (site), type and type of fuel for generating units being put into operation by wholesale market entities included in the Register shall be coordinated with the authorized body in accordance with approved rules for the participation of consumers included in the Register, in the creation of electric power to cover the projected deficit, taking into account the projected shortage of electric power for the upcoming seven-year period in the unified electric power system of the Republic of Kazakhstan or in any of its zones.
10. Consumers included in the Register of the relevant group of persons shall, within forty-five calendar days from the date of receipt of the notification of the authorized body on the occurrence of a projected uncovered shortage of electric power and (or) regulating electric power in the unified electric power system of the Republic of Kazakhstan or in any of its zones, decide on the actions provided for in paragraph 6 of this article, according to which they will participate in the creation of electric power to cover the deficit, and send it to the authorized body.
11. When making a decision to participate in the creation of electric power by performing the actions specified in subitems 1) and 2) of paragraph 6 of this article, wholesale market entities included in the Register of the relevant group of persons shall, within one hundred and eighty-five calendar days from the date of the decision, conclude an agreement with the authorized body for the creation of electric power, in which The period of commissioning of generating units is determined.
12. Within thirty calendar days from the date of conclusion of the contract for the creation of electric power, a single buyer shall conclude an agreement on the purchase of services for maintaining the availability of electric power with a wholesale market entity included in the Register of the relevant group of persons at a tariff for the service for maintaining the availability of electric power in the amount of 1 tenge per 1 megawatt per month, excluding value added tax the cost in the amount and for the time period established by the authorized body.
The amount of electric power and (or) regulating electric power purchased by a single buyer is defined as the ratio of the projected deficit to the share of peak load of consumers included in the Register of the relevant group of persons to the total peak load in the unified electric power system of the Republic of Kazakhstan or in any of its zones, calculated at the time of the projected deficit, minus electric power required by the relevant group of persons for their own consumption.
The term of the contract for the purchase of services for maintaining the availability of electric power with a wholesale market entity included in the Register of the relevant group of persons is set for the same period as with the winners of tenders for the construction of generating units being put into operation, as well as with the winners of auctions.
13. When making a decision to participate in the creation of electric power or regulating electric power by performing the action specified in subparagraph 4) of paragraph 6 of this article, consumers included in the Register of the relevant group of persons shall purchase services from a single buyer to ensure the readiness of electric power to carry the load in accordance with the rules for the participation of consumers included in the Register, in the creation of electric power to cover the projected deficit.
14. The contracts provided for in paragraphs 11 and 12 of this article provide for liability for non-fulfillment and (or) improper fulfillment of obligations assumed and are concluded on the basis of standard contracts.
15. The provisions of this Article and Articles 15-3, 15-4, 15-6 and 15-8 of this Law, established for a group of persons, shall not apply to energy-producing organizations and consumers belonging to the same group of persons, subject to the control determined in accordance with parts two, three and four of paragraph 1-1 of Article 9 of this Law, but not included in the Register.
The Law of the Republic of Kazakhstan dated July 9, 2004 No. 588.
This Law regulates public relations arising in the process of production, transmission and consumption of electric energy.
President
Republic of Kazakhstan
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