Article 12-1. The procedure for determining the marginal tariffs for electric energy, the marginal tariff for balancing electricity, the marginal tariff for negative imbalances, and the marginal tariffs for electric Capacity Maintenance services of the Electric Power Industry Act

   1. Excluded by the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25-V (entered into force on 01.01.2019).

     2. The energy‑producing organization sells electrical energy no higher than the maximum tariff for electrical energy, multiplied by the corresponding hourly rates, determined in accordance with the procedure established by the authorized body.

The sale of electrical energy at a price exceeding the maximum tariff for electrical energy is carried out by energy‑producing organizations in the cases specified in Article 19‑2 of this Law.

The maximum tariff for electrical energy is approved by groups of energy‑producing organizations that sell electrical energy every seven years, with a breakdown by year, and is adjusted if necessary.

     To determine the maximum tariff for electrical energy for the first seven years of its operation, the maximum costs for the production of electrical energy that prevailed in the relevant group of energy‑producing organizations that sell electrical energy during the year preceding the year in which the maximum tariff for electrical energy is introduced are used.

The maximum tariff for balancing electricity is defined as the highest tariff for electricity in the unified power system of the Republic of Kazakhstan, taking into account hourly rates determined in accordance with the procedure established by the authorized body, increased by a balancing surcharge determined according to the methodology approved by the authorized body.

The marginal tariff for negative imbalances, which represents the maximum permitted purchase price for negative imbalances from the balancing market settlement center for entities participating in the balancing market of electrical energy, is defined as the lowest marginal tariff for electrical energy in the unified power system of the Republic of Kazakhstan. At the same time, the authorized body does not take into account the revenues of power‑generating organizations derived from the excess of the selling price of electrical energy over its marginal tariff for electrical energy, in cases provided for in Article 19‑2 of this Law.

The adjustment of the maximum tariff for electrical energy is carried out no more than once a year based on a request from the energy‑producing organization to the authorized body, submitted using the authorized body’s information system, due to a change in the price of coal, gas, sulfur‑containing raw materials, and petroleum products used as fuel for the production of electrical energy, as well as water used for technological needs in the process of producing electrical energy, and (or) tariffs (prices) subject to state regulation for the transportation of coal, gas, sulfur‑containing raw materials, and petroleum products.

If the energy‑producing organization has incurred losses related to the aforementioned costs, the authorized body takes into account the incurred costs when adjusting the maximum tariffs for electrical energy for a period of no more than six months.

The maximum tariff for electrical energy for newly commissioned power‑generating organizations is determined based on the projected costs of producing electrical energy for the upcoming year and is approved for the duration of the maximum tariffs for electrical energy approved for existing power‑generating organizations.

Documents confirming the need to approve or adjust the maximum tariff level for electrical energy are submitted by energy‑producing organizations through the information system of the authorized body.

Based on the report specified in subparagraph 4) of paragraph 3 of Article 12 of this Law, the authorized body reviews the level of the maximum tariff for electrical energy for a newly commissioned power‑generating organization.

When determining the maximum tariff for electrical energy, costs associated with the purchase of electrical energy from an energy‑generating organization that uses renewable energy sources, at least twenty‑five percent of the voting shares (participation shares in the authorized capital) of which are directly or indirectly owned by the National Wealth Fund, are not taken into account.

2-1. The energy‑producing organization independently sets the tariff for the service of maintaining the availability of electrical capacity, but not higher than the maximum tariff for the service of maintaining the availability of electrical capacity.

The maximum tariff for the service of maintaining electrical capacity readiness is approved by the authorized body for a period of seven years, broken down by year, and, if necessary, adjusted to ensure the investment attractiveness of the industry.

To determine the maximum tariff for the service of maintaining electrical capacity readiness for the first seven years of its operation, the total volume of investments (excluding investments funded by depreciation charges) made by energy‑producing organizations in 2015 under agreements with the authorized body is used.

Note of the RCPI! Paragraphs 1–5 of clause 3 were in effect until 01.01.2016 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2012 No. 25‑V.

3. For the sale of electrical energy under the c

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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